Snell & Wilmer

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

Employers’ Initial Obligations Upon the Filing of Election Petitions Under the New NLRB Rules

The new NLRB expedited union election rules, scheduled to go into effect on April 14, 2015, drastically restructure NLRB representation proceedings and impose very significant new obligations on employers. The rule changes…more
| Labor & Employment Law

IRS Provides Relief for Correction of Elective Deferral Mistakes in 401(k) Plans

The IRS recently announced changes that make it significantly easier to correct employee deferral mistakes (also known as elective deferrals) in qualified retirement plans. The changes make modifications to the IRS’ Employee…more
| Labor & Employment Law, Finance & Banking, Taxation

Target’s Consumer Class Action Settlement: A New Way to Resolve Big Data Breach Cases?

Many will recall the 2013 holiday shopping season when Target announced that cyber thieves had accessed and stolen as many as 70 million customer credit and debit card numbers and extracted personal information for another 40…more
| Civil Procedure, Civil Remedies, Consumer Protection, Privacy, Science, Computers, & Technology

Arizona Court of Appeals Limits its Jurisdiction to Review Receivership Orders

On March 31, 2015, the Arizona Court of Appeals held in AEA Federal Credit Union v. Yuma Funding, Inc., that it lacked jurisdiction to hear an appeal from an order declining to set aside an order appointing or releasing a…more
| Civil Procedure, Civil Remedies, Finance & Banking

Impact of Delaware Fee-Shifting Provisions on Derivative Actions in California

A recent decision in the Delaware Supreme Court, in conjunction with the broad California exceptions to the internal affairs doctrine, may dictate the legal landscape of shareholder litigation in California in the near future…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Constitutional Law, Securities Law

Church Property Tax Liability in Arizona for Commercial Leases

Arizona House Bill 2128, which was signed into law by Governor Doug Ducey on March 23, 2015, has potential impact on the commercial real estate leasing market. The bill enables owners of real property that is leased to…more
| Commercial Law & Contracts, Taxation, Real Estate - Commercial

State of Celebration Standard Now in Effect for FMLA

In a previous blog, I wrote about regulations issued by the Department of Labor (“DOL”) proposing to revise the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”) to be based on the law of the…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Family Law

Supreme Court’s Alabama Ruling Sets The Stage For Arizona’s Next Redistricting Battle

The U.S. Supreme Court last week reversed a federal three-judge panel in Alabama that upheld the state’s legislative district map against a racial gerrymandering challenge. Alabama Legislative Black Caucus v. Alabama concerned…more
| Civil Procedure, Civil Rights, Constitutional Law, Elections & Politics
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One Arizona Center, 400 East Van Buren Street Suite 1900
Phoenix, Arizona 85004-2202, United States

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