Snell & Wilmer

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…more
| Antitrust & Trade Regulation, Business Organizations, Consumer Protection, Privacy, Science, Computers, & Technology

Privacy Policy Impacts RadioShack’s Sale of Customer Information

On April 10, 2015, RadioShack, and certain affiliated debtor entities, proposed a bankruptcy sale of certain assets, including Personally Identifiable Information (“PII”). Deposition testimony in the case revealed that, over the…more
| Bankruptcy, Commercial Law & Contracts, Consumer Protection, Finance & Banking, Privacy

Electronic Self-Certification for Hardship Distributions is Not Sufficient

In its April 1, 2015 Employee Plans News, the IRS stated that defined contribution plan sponsors must maintain hardship distribution records and that plan sponsors cannot rely on electronic participant self-certification for…more
| Business Organizations, Finance & Banking, Labor & Employment Law, Taxation

Supreme Court Invokes Common Law Principles in Largely Pro-Patent Decision: Good-Faith Belief of Invalidity Is Not a Defense to Induced Patent Infringement

The Supreme Court decided yesterday in Commil USA, LLC v. Cisco Systems, Inc. that an accused infringer’s good-faith belief that a patent is invalid, standing alone, is not a defense to induced infringement. As discussed in…more
| Civil Procedure, Intellectual Property

Upheld: Injured Subcontractor’s Lent Employee Has No Claim Against Landowner or General Contractor After Choosing Workers’ Compensation and Failing to Prove Landowner Controlled the Work

In Lee v. M and H Enterprises, Inc., — P.3d —- (decided Apr. 21, 2015), the Arizona Court of Appeals recently clarified why, in most cases, landowners and general contractors are not liable when subcontractor employees are…more
| Construction Law, Labor & Employment Law, Personal Injury, Worker’s Compensation, Real Estate - Commercial

Product Liability Verdicts in Arizona

Product liability cases show a strong defense trend in Arizona. Since 2011, Arizona juries have given ten defense verdicts and only one plaintiff’s verdict. That’s nearly 91% in favor of defendants over the last four years…more
| Products Liability

The FDIC Reigns “Supreme” in Nevada

For several years, Nevada Courts have considered a myriad of issues related to how Nevada law applies to loans made by banks that are later take over by the FDIC. In the past eight months, the Nevada Supreme Court has addressed…more
| Constitutional Law, Finance & Banking

Business Dispute Navigation

“Business dispute navigation” — what is it? “WINNING” Many American lawyers — inside and outside counsel alike — tend to divide the world into those who “litigate” and those who don’t. The term “litigation”…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Supreme Court Confirms that Plan Fiduciaries have a “Continuing Duty of Some Kind” to Monitor Investments

In Tibble v. Edison International, Justice Breyer held, for a unanimous Supreme Court, that “a fiduciary normally has a continuing duty of some kind to monitor investments and remove imprudent ones.” In so ruling, the Court…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Business Torts

The DOJ’s New Cyber Security Best Practices — Creating a Standard of Care?

On April 29, 2015, the U.S. Department of Justice Computer Crime and Intellectual Property Section (“DOJ”) issued version 1.0 of its “Best Practices for Victim Response and Reporting of Cyber Incidents.” It draws on “lessons…more
| Business Organizations, Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

The Steps in Responding to a Product Liability Case

“I’ve been sued…now what?” Read on to learn the basics of what you might expect throughout the life of a product liability lawsuit. The Beginning. Product liability lawsuits begin well before a lawsuit is filed…more
| Civil Procedure, Products Liability

Chief Counsel Memorandum Clarifies IRS Position on Informal 409A Corrections

On May 1, the IRS released a Chief Counsel Memorandum that clarifies the IRS’ position with respect to the correction of deferred compensation arrangements outside of the IRS’ formal Section 409A correction programs…more
| Labor & Employment Law, Finance & Banking, Taxation

Target Court Refuses to Block MasterCard Settlement Reached Prior to Class Certification

In another development in the multi-faceted litigation arising from Target’s December 2013 data breach, Defendant Target announced a tentative $19 million settlement with non-party MasterCard, to resolve claims of…more
| Civil Remedies, Commercial Law & Contracts, Finance & Banking, Privacy, Science, Computers, & Technology

The Clock is Ticking for California Employers to Comply with New Paid Sick Leave Requirements that Take Effect July 1, 2015

While the posting requirements for California’s new paid sick leave law under the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) took effect on January 1, 2015, the next step in the process – accrual of paid sick leave…more
| Labor & Employment Law

Pending FRCP 26(b) Amendment Will Change the Culture of Discovery

On April 29, 2015, Chief Justice John Roberts announced that the U.S. Supreme Court had adopted a package of amendments of Federal Rules of Civil Procedure. These amendments will take effect on December 1, 2015 unless Congress…more
| Civil Procedure
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Contact

One Arizona Center, 400 East Van Buren Street Suite 1900
Phoenix, Arizona 85004-2202, United States

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Areas of Practice
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