Snell & Wilmer

When Anything Less than 95% is a Failing Grade: An Update on the Employer Shared Responsibility Penalties

As a reminder, effective January 1, 2016, employers must offer minimum essential coverage to 95% or more (up from 70% or more for 2015) of their full-time employees and their dependents each month or pay a very steep penalty. …more
| Health, Labor & Employment Law, Taxation

Product Liability Verdicts in Arizona

Product liability cases show a strong defense trend in Arizona. Since 2011, Arizona juries have given twelve defense verdicts and three plaintiff’s verdicts. Here are all of the Arizona product liability verdicts over the past…more
| Civil Remedies, Products Liability

Five Ways to Survive a Department of Labor (“DOL”) Health and Welfare Plan Investigation

DOL health and welfare plan investigations are on the rise. There are best practices for plans chosen for investigation: 1. Get Employee Benefits Counsel Involved Early. The DOL investigation process generally starts…more
| Civil Procedure, Labor & Employment Law

Five Reasons Why Employees Talk to Lawyers

“Why am I getting sued?” is a common question we get from our employer clients when faced with what they perceive as a frivolous lawsuit brought by a ne’er-do-well former employee out for a quick buck or a pound of flesh. The…more
| Labor & Employment Law

New Federal Overtime Exemption Rule Will Become Effective December 1, 2016

The Fair Labor Standards Act is the federal law applicable to overtime compensation for employees. The U.S. Department of Labor (USDOL) announced this week that the overtime rule changes it proposed in 2015 will become effective…more
| Labor & Employment Law

DOL Rules that Target Fiduciary Conflict of Interests May Impact Employee Plan Sponsors and Fiduciaries

“Middle class economics means that Americans should be able to retire with dignity after a lifetime of hard work. But loopholes in the retirement advice rules have allowed some brokers and other advisers to recommend products…more
| Finance & Banking, Labor & Employment Law, Securities Law

Innovative Construction Contracting Formats – Will They Succeed?

As we move further into the 21st century, we continue to see new trends develop in project delivery for the construction industry. The industry is experimenting with different project delivery formats and combining them with the…more
| Commercial Law & Contracts, Construction Law

Applying New California Rules to Your Real Estate Litigation Practice

Several new California procedural rules went into effect on January 1, 2016. While we are several months into the new year, litigators may need a reminder of these new rules. The list below summarizes several of the notable new…more
| Civil Procedure, Real Estate - Commercial, Real Estate - Residential

The History and Purpose of Trademarks

I. History - There are two generally accepted origins of trademarks: pottery marks and the branding of livestock, both of which are believed to date to about 6,000 B.C. Marks on pottery or bricks first served the function…more
| Business Organizations, Commercial Law & Contracts, Intellectual Property

Tribal Groundwater Resources – Management Considerations Under Current Law

In the arid southwest, water is the most important and precious natural resource. In some communities, groundwater is the primary source, and often sole source, of water for domestic, agricultural irrigation, industrial, and…more
| Energy & Utilities, Indigenous Peoples

California Case Deals with Nuisance Lawsuit Intended to Delay Foreclosure

A recent California case provides good precedent for dealing with nuisance lawsuits that are intended to delay valid foreclosures. In Brown v. Deutsche Bank National Trust Company —Cal.Rptr.3d—, 2016 WL 2726229 (May 9, 2016),…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

Recent Developments in the Gold King Mine Spill

On Tuesday, May 4, 2016, the U.S. Senate Committee on Indian Affairs chair, Sen. John Barrasso (R-WY), and committee member, Sen. John McCain (R-AZ) formally requested a federal criminal investigation into the Gold King Mine…more
| Environmental Law, Indigenous Peoples, Zoning, Planning & Land Use

IRS Audit Techniques Guide Provides Helpful Reminders for Sponsors of NQDC Arrangements

Last summer the Internal Revenue Service updated its Audit Techniques Guide (“ATG”) for nonqualified deferred compensation arrangements. While the ATG provides little instruction on how the IRS will review nonqualified deferred…more
| Finance & Banking, Labor & Employment Law, Taxation

Cheerleaders and Laches

Monday the U.S. Supreme Court agreed to hear cases on patent laches, SCA Hygiene Products Aktiebolag et al. v. First Quality Baby Products, LLC et al., and copyright protection for clothing, Star Athletica, LLC v. Varsity…more
| Civil Procedure, Intellectual Property

Additional Paid Sick Leave Requirements in Los Angeles

On April 19, 2016, the Los Angeles City Council voted 13-1 to pass a motion that directs the City Attorney to draft an ordinance requiring employers to provide employees who work for them in the City of Los Angeles for 30 or…more
| Labor & Employment Law
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