Snell & Wilmer

2015 End of Year Plan Sponsor “To Do” List Health & Welfare

As 2015 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. Like last year, we are presenting our “To Do” Lists in three separate Employee Benefits Updates. Part 1 of the…more
| Health, Labor & Employment Law

New HIPAA Audit Program Expected in 2016

The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) recently issued a report reviewing the HIPAA audit program that is administered by the Office of Civil Rights (OCR). The OCR is responsible for…more
| Consumer Protection, Health, Privacy, Science, Computers, & Technology

To Settle Privacy Law Claims, California AG Requires Firm to Hire a Chief Privacy Officer and Assess Privacy Risks

In October 2015, California Attorney General Kamela Harris announced a settlement with Bay Area housing design startup Houzz, Inc. to resolve alleged violations of California privacy laws. According to the AG’s office, for…more
| Commercial Law & Contracts, Communications & Media Law, Privacy

IRS Announces 2016 Health FSA, HSA, HDHP and Transportation Plan Limits

The IRS has announced cost of living adjustments for health flexible spending accounts (“health FSAs”) in Section 125 cafeteria plans, contributions to health savings accounts (“HSAs”), out-of-pocket maximums under high…more
| Labor & Employment Law, Taxation

California Updates Privacy Rights with the Electronic Communications Privacy Act

Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails, e-documents…more
| Constitutional Law, Criminal Law, Electronic Discovery, Privacy, Science, Computers, & Technology

IRS Announces 2016 Retirement Plan Dollar Limits

The IRS recently announced cost of living adjustments for 2016. In general, the dollar limitations for retirement plans remained the same. The key dollar amounts are noted below, all of which remain unchanged from 2015…more
| Commercial Law & Contracts, Labor & Employment Law, Taxation

Avoiding Holiday Liability

‘Tis the season to be jolly. While you are enjoying a cup of hot chocolate and planning this year’s office party, don’t forget to take a moment to assess the potential legal liability of company-sponsored holiday festivities. As…more
| Civil Rights, Labor & Employment Law

Property Taxes: A Shopping Center May Not Always be a Shopping Center

In the world of real property taxes, Valuation + Classification = Assessed Valuation. Sounds simple, right? The County Assessor determines the first factor, valuation (subject to certain guidelines under applicable Arizona…more
| Real Estate - Commercial, Taxation

Statute of Frauds: (1) Email as “Writing” and (2) Email Signature as “Signature”

Arizona, like most states, has a Statute of Frauds that essentially requires real estate related contracts to be both (1) in writing and (2) signed by the party to be charged. A.R.S. § 44-101. Questions often arise as to…more
| Commercial Law & Contracts, Real Estate - Commercial, Real Estate - Residential

The Lessons of EEOC v. Freeman – “Know when to hold ’em. Know when to fold ’em.”

I was going to skip past this opinion from the District of Maryland until I realized that it started with a reference to a classic country song and, therefore, it immediately moved up my list and became worthy of a closer read…more
| Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law

It just got a little bit easier to enforce judgment liens

Last year, we posted It just got a little bit harder to enforce judgment liens, which analyzed a Court of Appeals decision that invalidated a judgment lien against third-party purchasers due to the judgment creditors’ failure to…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Second Circuit Holds Google Library Project Is Fair Use

Since 2004, Google has scanned, converted to searchable text, and indexed over 20 million books for the Google Library Project.  In Authors Guild, Inc. v. Google, Inc., the Second Circuit held that such use is a fair use of the…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

SEC Announces Second Wave of Cyber Exams of Broker Dealers and Advisors – Is Your Firm Ready?

In April 2014, the Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert announcing its first cybersecurity sweep initiative. Pursuant to that initiative, the…more
| Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

Partial Subordination Agreement not Involving or Affecting Mechanics Lien Claimant Priority is Enforceable in Nevada

When visible construction begins, Nevada law says mechanic’s liens attach to the construction site. A construction lender wants to ensure that its deed of trust securing the construction loan has first priority to the property…more
| Commercial Law & Contracts, Construction Law, Finance & Banking, Real Estate - Commercial, Real Estate - Residential

California’s Fair Pay Act – New Law or Rebranding Existing Law?

Beginning January 1, 2016 California will indeed have a revised Labor Code Provision 1197.5 that could open the door to more litigation of claims based upon gender differentials in pay. The statute has a laudable goal:…more
| Civil Rights, Labor & Employment Law
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One Arizona Center, 400 East Van Buren Street Suite 1900
Phoenix, Arizona 85004-2202, United States

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