Snell & Wilmer

Employers Beware: You Cannot Always Trust Third-Party Provided Background Check Disclosure Forms

Does your company run background checks on its employees? Do you pay a third-party to run the reports and trust them to get it right? You may not be as safe as you think you are. Just ask Whole Foods, Paramount Pictures…more
| Civil Rights, Labor & Employment Law, Finance & Banking

HIPAA “Phase 2” Audits: Are You Ready?

The Civil Rights Office of the Department of Health and Human Services announced a “Phase 2” audit program in the Fall of 2014. That audit program was delayed due to funding issues, but appears to be back on schedule for 2015. …more
| Privacy, Health

Nevada Supreme Court holds that Voluntary Payment Doctrine Prohibits a Party from Recovering Amounts Wrongly Paid to Homeowner’s Association in Order to Prevent Foreclosure

On September 30,2014, we posted “Lenders Beware: the Nevada Supreme Court Holds that Foreclosures of Homeowner’s Association Liens May Extinguish First Priority Deeds of Trust” which discussed the recent decision of SFR…more
| Civil Procedure, Civil Remedies, Finance & Banking, Real Estate - Residential

New Guidance from the SEC: Cyber Security Best Practices

On April 28, 2015, the U.S. Securities and Exchange Commission’s Division of Investment Management (the “Division”) issued a Guidance Update to investment and fund advisers on the topic of improving cyber security. While it is…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology, Securities Law

The Nevada Data Breach Law

Nevada, like most states, has a data security statute that addresses what to do when there’s a data breach. Here’s a quick summary of the Nevada law, which is found at N.R.S. § 603A.010 et seq, “Security of Personal…more
| Consumer Protection, Education, Finance & Banking, Privacy, Science, Computers, & Technology

Federal Circuit Holds Biosig’s Patent Definite Under New Standard

Applying the Supreme Court’s new “reasonable certainty” standard for patent definiteness in Biosig Instruments, Inc. v. Nautilus, Inc. (2015) (Nautilus III), the Federal Circuit again held that Biosig’s patent for a heart rate…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Mixology 101: Blending Trade Secret Protections and Fracking Chemical Reporting

Whether you live in the East, the Great Plains, the Southwest, or the Rocky Mountain West, the oil and gas industry’s use of hydraulic fracturing or “fracking” in oil and gas development is something you have likely heard a lot…more
| Administrative Law, Energy & Utilities, Environmental Law, Intellectual Property

Rounding the Circle: A young attorney becomes the champion her immigrant family never had

I was eight, and I remember we would always leave at dusk, driving south from Akron to the Ohio town where this man lived. When we arrived it would be dark, and we would park across the street, my parents and I perched in our…more
| Law Practice Products & Services

Real Estate Lien Priority Case - Effect of Subordination Agreement on Junior Liens

In a recent decision, the Utah Supreme Court addressed a matter of first impression in Utah, namely, whether a subordination agreement between two senior lenders, which reversed the priority of their respective liens against…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Federal Courts to Apply More Protective State Law when Analyzing Validity of Pre-dispute Jury Trial Waivers in Diversity Jurisdiction Cases

The Ninth Circuit Court of Appeals recently held that federal courts sitting in diversity jurisdiction must apply the underlying state law to determine the validity of pre-dispute jury trial waivers where the state law is more…more
| Civil Procedure, Conflict of Laws

Federal Court Finds Hotel Room Ruse Violated Fourth Amendment

In a case testing the boundaries of how far the government can go when creating a ruse to access a suspect’s premises, a U.S. District Court in Nevada concluded that the government’s disruption of internet service to a hotel…more
| Constitutional Law, Criminal Law, Science, Computers, & Technology

Wellness Programs: Agencies Issue Helpful Guidance but Look Before You Leap

Recent studies indicate that wellness programs significantly improve the health of workers. If only it were so easy to implement a wellness program . . . As explained in our July 17, 2013 Benefits Update – Final Wellness…more
| Civil Rights, Labor & Employment Law, Privacy, Health

IRS Releases Clarifying 162(m) Regulations

The IRS recently released final regulations clarifying two aspects of the “performance-based compensation” exception to the $1,000,000 limit on deductible compensation paid to covered employees under Section 162(m) of the…more
| Business Organizations, Labor & Employment Law, Finance & Banking, Securities Law, Taxation

The Arizona Data Breach Law

Almost all U.S states have laws about data security and what to do when there’s a data breach. Here is what’s in the Arizona law. Who The Law Applies To. The law applies to anyone who conducts business in Arizona and who…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

Arizona Courts Lacks Authority To Stay Forcible Entry And Detainer Judgments When The Judgment Itself Is Not Pending Appeal

Can a court stay the execution of a Forcible Entry and Detainer (“FED”) action when the FED judgment itself is not appealed? The Arizona Court of Appeals recently addressed this question, holding that the court did not have the…more
| Civil Procedure, Civil Remedies, Finance & Banking, Real Estate - Residential
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