Snell & Wilmer

Transitioning to Coverage: Three Things to Know About the New Transgender Healthcare Regulations

On May 18, 2016, the Department of Health and Human Services (“HHS”) issued final regulations implementing the nondiscrimination provisions of the Affordable Care Act. As we discussed in our March 30, 2016 blog, the rule…more
| Civil Rights, Health, Insurance, Labor & Employment Law

Common Law Indemnity Claim Affirmed on Justifiable Beliefs

Yesterday, the Arizona Court of Appeals issued an interesting opinion in Hatch Development v. Solomon. Hatch illustrated two key points in real estate and construction litigation: (1) a contractor’s indemnity does not always…more
| Civil Remedies, Commercial Law & Contracts, Construction Law, Personal Injury, Real Estate - Residential

Supreme Court Affirms USPTO’s Broadest Reasonable Construction Standard for IPRs

In Cuozzo Speed Technologies, LLC v. Lee, the Supreme Court unanimously affirmed the United States Patent and Trademark Office’s (“USPTO’s”) standard for construing patent claims in an inter partes review (“IPR”), a post-grant…more
| Administrative Law, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Supreme Court: Courts Must Take into Account “Relevant Factors” before Awarding Fees in Copyright Cases

Supap Kirtsaeng realized he could buy cheaper, identical textbooks in Thailand and resell them for a profit in the U.S. John Wiley & Sons, the publisher of some of these textbooks, sued him for copyright infringement. Kirtsaeng…more
| Civil Procedure, Civil Remedies, Intellectual Property

Under Construction - June 2016

Welcome to the June 2016 edition of our Under Construction newsletter. Hope you are staying cool this summer. Are you legally operating your drone on the construction site? In our Winter 2015 Under Construction newsletter,…more
| Construction Law, Real Estate - Commercial, Real Estate - Residential, Science, Computers, & Technology

Re Willful Infringement, “Channel” It, Says the Supreme Court

The Seagate two-part test for enhanced patent infringement damages under 35 U.S.C. § 284 — (1) objectively, infringement was not a close call, and (2) subjectively, the defendant knew or obviously should have known that — is…more
| Civil Procedure, Civil Remedies, Intellectual Property

Five Lawsuits Filed Against DOL’s Fiduciary Rule (so far)

As we previously discussed in our May 19, 2016 SW Benefits Update, the Department of Labor (“DOL”) recently issued final regulations on fiduciary conflicts of interest in retirement programs. Since 2010 when the DOL first…more
| Constitutional Law, Elections & Politics, Finance & Banking, Labor & Employment Law, Securities Law

As Lake Mead Dwindles, Arizona and Other Colorado River Basin States Continue to Plan for a Drier Future

It has become a familiar refrain. For each of the past three years, the United States Bureau of Reclamation, which operates the major reservoirs on the Colorado River, has announced a new “record low” water elevation in Lake…more
| Energy & Utilities, Environmental Law

California’s One-Action Rule May Apply to Federal Lenders

California’s one-action rule provides that “[t]here can be but one form of action for the recovery of any debt or the enforcement of any right secured by mortgage upon real property or an estate for years therein . . . .” Cal…more
| Civil Procedure, Conflict of Laws, Finance & Banking, Real Estate - Residential

Ninth Circuit Rules that Stock Rights Plan is Not Subject to ERISA

In a case of first impression in the Ninth Circuit, the Court held that the Booz Allen Hamilton, Inc. Stock Rights Plan (“SRP”) was not subject to ERISA because its primary purpose was not to provide deferred compensation or…more
| Labor & Employment Law, Finance & Banking, Securities Law

Governor Ducey Vetoes Water and Development Bills

With the second regular legislative session of Governor Doug Ducey’s tenure complete, the Governor exercised his veto pen rejecting several laws impacting water and land development. On May 9th, Governor Ducey vetoed two…more
| Construction Law, Elections & Politics, Environmental Law, Real Estate - Commercial, Real Estate - Residential

Beware of Emerging Cyber Scams – Part 1: Business Email Compromise

This is the first in a series of articles about increasingly sophisticated cyber scams, and follows several alerts issued by the FBI’s Internet Crime Complaint Center (IC3). These scams include: (1) Business Email Compromise;…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

In a Victory for Businesses and Developers, the United States Supreme Court Holds that Clean Water Act Jurisdictional Determinations Are Appealable

The United States Supreme Court ruled today that an approved jurisdictional determination under the Clean Water Act constitutes an immediately appealable agency action under the Administrative Procedure Act, 5 U.S.C. §§ 500 et…more
| Administrative Law, Civil Procedure, Environmental Law, Zoning, Planning & Land Use

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
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