Snell & Wilmer L.L.P.

Originally published in the Orange County Business Journal April 30 - May 6, 2012. A fundamental principle of commercial lending holds that debt should be repaid prior to any return on equity. If a borrower cannot repay…more

Reprinted and/or posted with the permission of Daily Journal Corp. (2012). It’s 4 p.m. on a Friday and your client calls in a panic after sending you a complaint for patent infringement, along with a lengthy set of…more

The United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has rescinded Directive 293, Coverage of Health Care Providers and Insurers, which outlined OFCCP policy for determining whether…more

Originally published in Estate Planning Magazine (April 2012, Vol. 39/No. 4). In the journey of planning and administering estates and trusts that include assets in traditional individual retirement accounts (IRAs) and…more

On March 30, 2012, a three-judge panel for the United States Court of Appeals for the Fourth Circuit unanimously agreed to vacate a $44.9 million judgment against Tuomey Healthcare System, Inc. for Stark law violations, holding…more

Last summer, we discussed the split of authority regarding the recoverability of e-discovery costs by a prevailing party in federal court under 28 U.S.C. § 1920. Generally, a court may award “[f]ees for exemplification and the…more

Originally published in Colorado Construction & Design Magazine. (2012). Colorado law imposes deadlines on when defect claims may be asserted. How, when and to whom these deadlines apply has been historically less than…more

Every time I’m presented with a contract, I’m quickly transported to a small room in which Willy Wonka, played by Gene Wilder, is vehemently scolding the good natured Charlie Bucket and the poor, protective Grandpa…more

The California Supreme Court issued a unanimous decision in Brinker Restaurant Corporation v. Superior Court, Case No. S166350 finding that employers are not obligated to ensure their employees are taking meal periods and rest…more

The Consumer Financial Protection Bureau (CFPB) has announced that it is considering proposing new mortgage servicing rules. The potential new rules are intended to provide additional protections to consumers. According to the…more

The Food and Drug Administration’s much anticipated draft guidance related to the use of social media by pharmaceutical companies fell far short of what the industry expected. More than two years after the FDA held initial…more

Congratulations … we hope. Your company has battled through the past several years of troubled economic times and has come out on the other side stronger for it. Cautious investors who have been hoarding their cash are slowly…more

In This Issue: - Letter from the Editor - China Solar Trade Dispute: Commerce Preliminarily Finds Subsidization of Solar Cells (Whether or Not Assembled Into Modules) from People’s Republic of China - The Solar…more

Second in a Two-Part Series European Data Protection Regulation In contrast to the White House’s proposal, which is limited to consumer transactions online and seeks adoption of a voluntary code of conduct in the first…more

On Monday, March 26, 2012, the U.S. Supreme Court sent the Myriad gene patent case back to the Federal Circuit in light of its decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 US ____ (2012). The…more