Snell & Wilmer

Intellectual Property Ownership: when you don’t know what you DON’T have (Part I)

In our last communication entitled “Intellectual Property: when you don’t know what you have,” we explored how businesses often fail to recognize valuable IP rights they own, and therefore, fail to appropriately protect those…more
| Intellectual Property

Breaking Immigration Developments: President Trump’s Second Travel Ban Halted

In an unprecedented development last week, a Federal District Judge in Hawaii issued a nationwide restraining order halting President Trump’s second travel ban. The successful challenge, brought by the State of Hawaii, once…more
| Elections & Politics, Immigration Law, International Law & Trade, Labor & Employment Law, Science, Computers, & Technology

Under Construction - March 2017

Letter from the Editor - Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company. An issue that seems to commonly come up in cost-plus…more
| Alternative Dispute Resolution (ADR), Construction Law, Elections & Politics

Should Congress End Agency Deference?

At its core, agency deference – as enshrined in the United States Supreme Court’s decision, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) – is both reasonable and necessary. Indeed, in City…more
| Administrative Law, Environmental Law, Zoning, Planning & Land Use

Update – A Rule Deferred: Department of Labor Delays Implementation of Fiduciary Rule

As we previously reported in our February 16, 2017 blog post, “A Rule Deferred: Department of Labor Delays Implementation of Fiduciary Rule,” the DOL anticipated delaying the effective date of the fiduciary rule by 180 days. …more
| Labor & Employment Law, Finance & Banking

HIPAA Checkup – How Good Are Your Policies and Procedures?

Although it is not a new requirement, it is important and therefore worth a reminder: HIPAA requires covered entities to establish and implement written policies and procedures that are consistent with its Privacy and Security…more
| Commercial Law & Contracts, Health, Privacy

Direct Primary Care: Getting Calls from Patients While Avoiding Calls from Law Enforcement

For providers interested in simplifying the provider-patient relationship, one option is direct primary care. Ironically, though, simplification can be complicated, particularly when the government is involved. One of the…more
| Government Contracting, Health

Ninth Circuit Holds that Federal Reserved Water Rights Extend to Groundwater

On March 7, 2017, the Ninth Circuit Court of Appeals issued its decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, Case No. 15-55896. In this decision, the Court unequivocally held that under…more
| Civil Procedure, Environmental Law, Indigenous Peoples, Zoning, Planning & Land Use

Corporate Communicator - Spring 2017 - Recent Developments Regarding the Conflict Minerals Reporting Requirements

On January 31, 2017, Michael Piwowar, Acting Chairman of the Securities and Exchange Commission (the “SEC”), issued two Statements regarding the current status of guidance on and implementation of the conflict minerals rules…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, International Law & Trade, Securities Law

California Appellate Court Rules that - Like Piece Rate Workers - Employees Paid Commissions Are Entitled to Separate Rest Break Pay

A California appellate court ruled on February 28, 2017, in Vaquero v. Stoneledge Furniture LLC, that employees paid on a commission basis must be separately compensated for legally required rest breaks if their wages are only…more
| Administrative Law, Labor & Employment Law

United States Supreme Court Upholds Campaign Ad Disclosure Requirement

In its recent four-word decision (“The judgment is affirmed.”) Independence Institute v. Federal Election Commission, the U.S. Supreme Court upheld a campaign finance law requirement that donors backing certain campaign ads must…more
| Business Organizations, Constitutional Law, Elections & Politics, Nonprofit Law

Did Hardship Distributions Just Get Easier?

In a previous blog, we addressed an issue of Employee Plans News in which the IRS took the position that 401(k) plan administrators must maintain hardship distribution records and should not rely on electronic participant…more
| Finance & Banking, Labor & Employment Law, Taxation

New Cybersecurity Requirements for New York Financial Companies

The New York Department of Financial Services has new cybersecurity regulations “designed to promote the protection of customer information as well as the information technology systems of regulated entities [financial…more
| Commercial Law & Contracts, Finance & Banking, Insurance, Privacy, Science, Computers, & Technology

Arizona Supreme Court Holds a Credit Bid at a Trustee’s Sale Should Not be Credited to a Title Insurer Under a Standard Lender’s Title Policy To the Extent the Bid Exceeds the Collateral’s Fair Market Value

The Arizona Supreme Court recently addressed what impact, if any, a lender’s credit bid at an Arizona trustee’s sale has on an insurer’s liability under Sections 2, 7 and 9 of the standard’s lender’s title policy (“Policy”),…more
| Commercial Law & Contracts, Finance & Banking, Insurance, Real Estate - Commercial, Real Estate - Residential

ACA Changes – What is Being Considered? A Look Inside The Leaked Republican Bill

On February 24, a Republican draft reconciliation bill was leaked to Politico. While it hasn’t been introduced or acknowledged by House Republicans it provides the most comprehensive look so far at how House Republicans plan to…more
| Elections & Politics, Insurance, Labor & Employment Law
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