Snell & Wilmer

Despite Changing Economic Reality, Federal Court Holds Indian Tribes Have Sovereign Immunity in Bankruptcy, Absent Waiver

As the Indian gaming industry continues to thrive, Indian tribes are increasingly engaging in other commercial endeavors including banking, construction, energy, telecommunications, manufacturing, retail and more. Based on a…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Indigenous Peoples

King v. Burwell – Supreme Court Confirms Tax Subsidies are Available in All States

In an earlier blog post this year, I discussed the King v. Burwell case and the possible ramifications if the United States Supreme Court did not uphold the Internal Revenue Service position that residents in states with either…more
| Constitutional Law, Labor & Employment Law, Health, Insurance, Taxation

The EU’s S-L-O-W March Towards a Uniform Data Protection Regime

The European Union (EU), comprised of 28 member states, currently has a patchwork of privacy and data protection laws, based on the EU’s 1995 Data Protection Directive. This mix of laws has led to inconsistent data protection…more
| Commercial Law & Contracts, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

Utah Legislative Update

The 2015 Legislative Session in Utah came to a close earlier this year and the lien laws once again got a makeover, although not as significant as prior changes the past few years. Prior to this session, the biggest change…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Construction Law, Real Estate - Residential

Nevada Legislature Passes Reform on General Contractor Liability for Unpaid Subcontractor Labor Benefits

The 2015 Nevada Legislature appears to have brought common sense reform to one of the state’s most controversial statutes – NRS 608.150 – which made “original contractors” liable to its subcontractor employees (or labor unions…more
| Civil Procedure, Civil Remedies, Construction Law, Labor & Employment Law

AZ Court of Appeals Broadly Interprets Persons Entitled to Compensation From Arizona Residential Contractors’ Recovery Fund

It’s not just for homeowners anymore – Arizona Court of Appeals decides a resident of property owned by his trust may still receive compensation from the Arizona Residential Contractors’ Recovery Fund. A recent Arizona…more
| Civil Remedies, Construction Law, Real Estate - Residential, Wills, Trusts, & Estate Planning

The Federal and Nevada False Claims Acts

Contractors are no strangers to the courts of justice. Litigation between contractors and owners frequently occurs when a project does not get completed on time or the work does not comply with the Contract Documents. The…more
| Business Torts, Civil Remedies, Construction Law, Government Contracting

May Companies Reduce Employee Hours to Avoid ACA Requirements?

The Affordable Care Act (the “ACA”) generally requires that large employers offer health coverage that meets certain requirements to their full-time employees (i.e., employees working 30 hours or more per week) and their…more
| Labor & Employment Law, Health, Taxation

Guarantors Can Waive Anti-Deficiency Protections

In Arizona, guarantors can now be held liable for deficiencies even where borrowers avoid liability due to Arizona’s anti-deficiency statute. Arizona courts have been active in the last few years in addressing the law…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

What Happens When the Construction Contract is Not Signed and the Work is Underway?

Although it seems self-evident that participants to a construction project would not want to commence work without first obtaining signatures on a written contract, it happens all too frequently, even on big projects. At times,…more
| Commercial Law & Contracts, Construction Law

Supreme Court Holds Patent Royalties Expire When Patent Expires

In 1964, the Supreme Court held, in Brulotte v. Thys Co., that a patent owner may not receive royalties on a patent after the patent expires. Today, in Kimble v. Marvel Entertainment, the Supreme Court declined to overturn…more
| Civil Procedure, Civil Remedies, Intellectual Property

Disgorgement Penalty for Unlicensed Contractors in California

California has some of the toughest penalties in the country for unlicensed contractors. An unlicensed contractor is not just a contractor without a license, but could also be a contractor who is not correctly licensed or a…more
| Civil Remedies, Commercial Law & Contracts, Construction Law

Inside Insight: How the FTC Approaches Data Breach Investigations

A data breach hurts in a myriad of ways – the tarnished image of the breached company, the diminished consumer trust and the bottom-line impact of remedial costs and lost business. The last thing a company already reeling from a…more
| Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology

FINRA Fines Financial Firm for Failing to Encrypt Customer Data on Lost Laptop

Like other federal agencies exercising regulatory power in the data privacy and security arena, the Financial Industry Regulatory Authority (“FINRA”) is cracking down on firms that fail to meet required data security practices…more
| Finance & Banking, Privacy, Consumer Protection, Science, Computers, & Technology, Securities Law

Money Laundering Crackdown in Real Estate Sector?

The Director of the Financial Crimes Enforcement Network (also known as FinCEN) recently gave a speech in San Francisco regarding the agency’s investigative priorities. Director Jennifer Shasky Calvery’s comments drew media…more
| Criminal Law, Finance & Banking, Real Estate - Commercial
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