Snell & Wilmer

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One Arizona Center, 400 East Van Buren Street
Suite 1900
Phoenix, Arizona 85004-2202, United States
Phone: 602.382.6000
Fax: 602.382.6070
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
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  • Environmental Law
  • Finance & Banking
  • Government
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  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Military Law
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  • Professional Malpractice
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  • Securities Law
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Locations
Other U.S. Locations
  • Arizona
  • California
  • Colorado
  • D.C.
  • Nevada
  • New Mexico
  • Utah
Other Countries
  • Mexico
Number of Attorneys
400+ Attorneys

Colorado Enacts the “Healthy Families and Workplace Act”

The new Healthy Families and Workplace Act (“Act”) requires all private employers in Colorado to provide three types of paid sick leave to their Colorado employees: 1) COVID-19 emergency paid sick leave; 2) paid sick and safe…more

Documentation, Families First Coronavirus Response Act (FFCRA), Governor Polis, Public Health Emergency, Sick Leave

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Delaware Court of Chancery Permits Caremark Claim Alleging Directors’ Failure to Monitor Critical Company Business Operations

On October 1, 2019, the Delaware Court of Chancery issued its decision in In re Clovis Oncology, Inc. Derivative Litigation, C.A. No. 2017-0222-JRS (Del. Ch. Oct. 1, 2019), which addresses the duties of directors to oversee and…more

Board of Directors, Breach of Duty, Caremark claim, Clinical Trials, Corporate Governance

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A Landlord’s Guide to California’s New Statewide Rent Control Laws

Applicability of California’s Rent Control Laws: California Civil Code Sections 1946.2 and 1947.12 took effect on January 1, 2020, and implement statewide rent control in California for most residential properties. The rent…more

Eviction, Landlords, Local Ordinance, Notice Requirements, Rent Control

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Phoenix City Council Amends Lobbying Ordinance to Allow Enforcement

The Phoenix City Council recently voted to amend the City’s lobbying ordinance in an attempt to reinforce registration regulations and enhance enforcement penalties. This amendment signals important changes for those paid to try…more

Disclosure Requirements, Electronic Filing, Government Officials, Lobbying, Lobbyists

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GSA Announces Plan to Modernize the Multiple Awards Schedules

On November 27, 2018, the United States General Services Administration (GSA) announced its intent to consolidate the current 24 multiple award schedules (MAS) into a single schedule for products and services. According to GSA,…more

Federal Contractors, Federal Procurement Systems, General Services Administration (GSA), Multiple Award Schedule (MAS), Vendors

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Rosemont Project FEIS, ROD and Unpatented Mining Claims Dealt Blow by Arizona District Court

The Rosemont Copper Project suffered a shocking setback with a July 31, 2019 order issued by the U.S. District Court for the District of Arizona in Center for Biological Diversity, et al., v. United States Fish & Wildlife…more

Center for Biological Diversity, Environmental Impact Report (EIR), Environmental Policies, Forest Service, Mining

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Unions Don’t Always Get Their "Dues"

In McDonald v. Fidelity & Deposit Company of Maryland, 2020 UT 11, the Utah Supreme Court recently shed additional light on what is and what is not recoverable under the public payment bond statute, Utah Code Ann. §…more

Construction Industry, Payment Bonds, Unions, UT Supreme Court

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SEC Awards Record Payout of Nearly $50 Million to Whistleblower

On June 4, the Securities and Exchange Commission (“SEC”) announced a nearly $50 million whistleblower award to an individual who provided detailed, firsthand observations of misconduct by a company, which resulted in a…more

Corporate Misconduct, SEC, Securities Violations, Whistleblower Awards, Whistleblowers

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Senate Bill 165: Transferable Tax Credits for Film Industry

The film industry is a very exciting business and requires the involvement of many individuals and entities to complete a production. Bringing a commercial or full-feature film to millions of viewers is dependent upon the…more

Film Tax Credits, Movies, New Legislation

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Ninth Circuit Wetlands Ruling Muddies the Waters for Development Nationwide

On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas pipelines that cross streams and…more

Clean Water Act, Discharge of Pollutants, Energy Projects, Energy Sector, Environmental Litigation

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H-1B Lottery Registration - New Process

United States Citizenship and Immigration Service (USCIS) has implemented a new process for the annual H-1B lottery. Employers wishing to file H-1B cap-subject petitions with a start date of October 1, 2020, must first submit a…more

Filing Deadlines, Filing Fees, Foreign Nationals, Foreign Workers, H-1B

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On a Collision Course: How Domain Name Collision Could be Your Biggest Security Threat

We are barely a month into 2014 and one of the news stories that is likely to be most memorable for the year is the Target security breach that resulted in upwards of 70 million customers’ personal information being disclosed…more

Cybersecurity, Data Breach, Data Protection, Data Theft, Domain Names

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New Oregon Law Imposes Moratorium on Foreclosures and Notice Requirements on Lenders

Oregon lawmakers held a three-day special legislative session in June during which they tackled, among other issues, legislation aimed at relief for both consumers and businesses impacted financially by the COVID-19 crisis…more

Borrowers, Coronavirus/COVID-19, Foreclosure, Lenders, Moratorium

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High Court's Clear and Loud Voice on Forum-Selection Clauses: Enforce Them

Last Tuesday, the U.S. Supreme Court unanimously held, in Atlantic Marine Construction Co. v. United States Dist. Ct., et al., No.-12-929 (December 3, 2013), that district courts must give valid forum-selection clauses…more

Enforcement, Forum, Forum Selection, SCOTUS

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Service Contracts Are Not Express Warranties Under the Song-Beverly Consumer Warranty Act

In Gavaldon v. DaimlerChrysler Corp. (2004) 32 Cal. 4th 1246, the California Supreme Court found that service contracts are not express warranties under the Song-Beverly Consumer Warranty Act and the Act did not otherwise…more

Automotive Industry, Breach of Contract, CA Supreme Court, Car Dealerships, Contract Terms

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Doing Business In Arizona - A Legal Guide

Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more

Business Ownership

See all updates »

“CEQA-in-Reverse” Case Headed for the California Supreme Court

“CEQA-in-Reverse” - Real estate developers, public agencies and private businesses involved in land development or redevelopment may soon have to contend with a new far-reaching interpretation of the California…more

CEQA, Contractors, Environmental Impact Report (EIR), Environmental Policies, Land Developers

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Vibrations at the Federal Circuit: American Axle and the “New” “Nothing More” Test of Patent Subject Matter Eligibility

The Federal Circuit’s recent decisions in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC have not clarified the standard for patent eligibility under 35 U.S.C. § 101 (see a previous analysis of § 101’s…more

Denial of Certiorari, Inventive Concept Test, Method Claims, Patent Litigation, Patent-Eligible Subject Matter

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COVID-19 and Cafeteria Plans – To Amend or Not to Amend?

On May 12, the IRS issued Notice 2020-29 “COVID-19 Guidance Under Section 125 Cafeteria Plans and Related to High Deductible Health Plans” and Notice 2020-33 “Section 125 Cafeteria Plans – Modification of Permissive Carryover…more

Cafeteria Plans, CARES Act, Coronavirus/COVID-19, Dependent Care Assistance Program (DCAP), Employee Benefits

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Generic.com Terms May Be Eligible for Federal Trademark Protection

Today, the Supreme Court held in U.S. Patent & Trademark Office v. Booking.com B.V. that a generic term paired with an internet designation such as “.com” (called a “generic.com” term by the Court) may be eligible for federal…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Domain Names

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In California, It’s Time to Revisit Your "Pay-When-Paid" Contract Clause

In California, the "pay-when-paid" contract language typically found in general contractor’s subcontractor agreement may no longer be enforceable. A contract provision requiring a subcontractor to wait until the general…more

Construction Contracts, Contractors, Pay When Paid, Payment Bonds, Subcontractors

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Invalidating Patents Through Inter Partes Review

In the nine and a half months since its creation, the U.S. Patent and Trademark Office's (USPTO's) new inter partes review proceedings have become a popular way to attempt to invalidate a patent. As of June 25, 2013, at least…more

Inter Partes Reexamination, Patents

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COVID-19 as a Force Majeure and the Doctrines of Commercial Frustration, Impossibility and Impracticability: When Available and Avoiding Unintended Consequences

As the novel Coronavirus (“COVID-19”) pandemic progresses, many businesses are exploring their ability to excuse performance under their existing commercial leases and other contracts. Businesses also should consider how certain…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Performance Standards

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Recent Developments and Other Considerations

Caremark Developments -- Do You Know What You Don’t Know? In 1996, the Delaware courts created what has become known as a Caremark claim: an allegation that directors failed to exercise oversight of the organization…more

Blue Bell Creameries, Board of Directors, Breach of Duty, Caremark claim, Corporate Governance

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Opening Statement: Our Members Share Their Secrets for Success

Two of my recent columns in Litigation— “Five Traits of the Best Lawyers I Know” (Fall 2013) and “Fourteen Tips to Make You a Better Litigator” (Spring 2014)— invited Section members to share your own practical tips for success…more

Professional Development, Trial Plan, Young Lawyers

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Corporate Communicator - Fall 2017

Recent changes to Nevada corporate law reaffirm Nevada’s commitment to providing directors and officers with maximum deference in the exercise of their fiduciary duties on behalf of Nevada corporations. Specifically, Nevada…more

Board of Directors, Breach of Duty, Business Judgment Rule, Corporate Officers, Fiduciary Duty

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Under Construction - September 2017

Welcome to the fall 2017 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to make the final push to successfully finish out the remainder of the year. In this issue, we…more

Attorney's Fees, Breach of Warranty, Change Orders, Construction Contracts, Construction Industry

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Supreme Court Holds PTAB Decisions on IPR Time Limit Nonappelable

Yesterday, in Thryv, Inc. v. Click-To-Call Technologies LP, the Supreme Court held that Patent Trial and Appeal Board (“PTAB”) decisions regarding the time limit for filing inter partes reviews (“IPRs”) are not subject to…more

§ 314(d), § 315(b), §314(a), §314(b), America Invents Act

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Under Construction - June 2017

Welcome to the summer 2017 edition of our Under Construction newsletter. In this issue, to accompany the summer heat, we highlight several hot topic items affecting the construction industry, such as the recent revisions to the…more

Breach of Contract, CO Supreme Court, Construction Contracts, Construction Industry, Design-Build

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New Landlords Should Not Ignore Arizona’s Requirement To Register With The County Assessor’s Office

With ongoing price volatility in Arizona’s residential real estate market, homeowners may be tempted to become recreational landlords. Anyone considering renting their home, however, should be aware that Arizona law requires…more

County Assessors, Landlords, Registration Requirement, Rental Property, Residential Real Estate Market

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No Good Deed Goes Unpunished: AZ Drought Contingency Plan Stakeholders Recruited for Next Phase of Colorado River Work

On Thursday, June 25, 2020, Arizona’s Lower Basin Drought Contingency Plan (“LBDCP”) Steering Committee (aka the “Drought Contingency Plan Committee”) is scheduled to reconvene and take on a new name and a new task. The LBDCP…more

Contingency Plans, Department of Water Resources, Drought, Rivers, Water Conservation

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Energizing Transmission Construction in the Electric Industry

With so many personal gadgets needing daily recharging, desktop hard drives running 24 hours a day, and DVRs recording movies that run while we’re asleep, do you wonder where all that electricity is coming from? The next big…more

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Albuquerque Town Hall Scheduled to Discuss Oil and Gas Drilling

For the second year in a row, New Mexico has surpassed its previous record for oil and gas production. The uptick in operations means increased jobs, a boost to the state’s economy and the availability of additional funds for…more

Energy Sector, Land Developers, Local Ordinance, Oil & Gas, Regulatory Agenda

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Employees' Refusal to Work Over Coronavirus Concerns

As a result of the COVID-19 pandemic, most businesses were faced with making difficult decisions regarding their workforce. The U.S. Bureau of Labor Statistics reported that, in April, the unemployment rate rose to 14.7 percent…more

Bureau of Labor Statistics, Coronavirus/COVID-19, Unemployment Benefits

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Under Construction - March 2016

Welcome to the first edition of our Under Construction newsletter for 2016. Indemnity laws and clauses are a big part of construction contracts. They can make or break a project. Defend and indemnify obligations have the…more

Construction Contracts, Construction Defects, Construction Industry, Contract Drafting, Contract Negotiations

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Colorado Enacts the “Healthy Families and Workplace Act”

The new Healthy Families and Workplace Act (“Act”) requires all private employers in Colorado to provide three types of paid sick leave to their Colorado employees: 1) COVID-19 emergency paid sick leave; 2) paid sick and safe…more

Documentation, Families First Coronavirus Response Act (FFCRA), Governor Polis, Public Health Emergency, Sick Leave

See all updates »

P3 101— Is Your Local Legal Team Ready to Help on a P3 Project?

For many U.S. construction businesses, the term “P3” may conjure images of “the big catch”—much discussed but rarely seen, at least not at your fishing hole. While the public-private partnership model has long been used in…more

Due Diligence, Public Private Partnerships (P3s)

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Under Construction - December 2012

In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for Subsequent…more

Airspace, Construction Contracts, Construction Cranes, Construction Defects, Duty to Defend

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Supreme Court Confirms LGBTQ Employees Are Protected Under Title VII

Courts have struggled to uniformly decide whether Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate because of a person’s “sex,” protects employees from discrimination based on…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Employer Liability Issues

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EPA Reverses Course; Declines to Impose CERCLA Financial Responsibility Rules on the Hardrock Mining Industry

In a stunning change of course, the United States Environmental Protection Agency announced on December 1, 2017, that it would not issue final regulations imposing financial responsibility requirements on hardrock mining…more

CERCLA, Environmental Policies, EPA, Financial Responsibility Standards, Mining

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EU Court Invalidates Privacy Shield: Standard Contracts Clauses Survive - for Now

On July 16, 2020, the Court of Justice of the European Union (“ECJ”), EU’s highest court, issued a judgment which (i) immediately invalidated the EU – U.S. Data Privacy Shield Framework (“Privacy Shield”)1 and (ii) maintained –…more

Binding Corporate Rules, EU, EU-US Privacy Shield, European Court of Justice (ECJ), General Data Protection Regulation (GDPR)

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Cost Recovery and Delay During COVID-19 - How Government Contractors Can Safeguard Themselves and Mitigate Potential Losses

As the COVID-19 crisis progresses, government contractors continue to see significant impacts on their ability to provide goods and services to federal, state, and municipal government agencies. These issues range from ordering…more

Coronavirus/COVID-19, Cost Recovery, Federal Acquisition Regulations (FAR), Federal Contractors

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Free COVID-19 Testing Extended for Another 90 Days

On July 23, 2020, the Secretary of the Department of Health and Human Services ("HHS") issued another 90-day extension regarding free COVID-19 testing. The free COVID-19 testing requirement was set to expire on July 25, but will…more

CARES Act, Coronavirus/COVID-19, Cost-Sharing, Department of Health and Human Services (HHS), DOL

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Nevada Supreme Court Clarifies Application of the Anti-Speculation Doctrine to Water Permit Extension Requests

In Nevada, water is a public resource, meaning no person or entity can hold ownership title, but at most can enjoy the right to beneficial use. A party who wishes to appropriate water must apply for a permit from the State…more

CO Supreme Court, Due Diligence, Good Faith, NV Supreme Court, Permits

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Under Construction - March 2018

Welcome to the spring 2018 edition of our Under Construction newsletter. We hope 2018 is off to a good start for you and your company. We start this issue with an article providing some practical solutions to common legal…more

Airspace, Commercial Use, Construction Contracts, Construction Disputes, Construction Industry

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California Foreclosure Update: New registration requirements for foreclosed properties may lead to penalties, fines for lenders

Originally published in Western Real Estate Business, October 2012. The economic downturn has resulted in a record number of foreclosures in California. Many property owners have simply abandoned these foreclosed…more

Abandoned Property, Foreclosure, Lenders, Local Ordinance, Nuisance

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CCP 998 Does Not Confer an Independent Right to Attorneys’ Fees

A so-called “offer to compromise” under California Code of Civil Procedure section 998 can reverse the parties’ entitlement to costs after the date of the offer, depending on the outcome of the litigation. Cal. Code Civ. Proc. §…more

Attorney's Fees, Cal Code of Civil Procedure, Disabled Persons Act, Liability, Litigation Fees & Costs

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Arizona Open Meeting Laws And Practicing Social-Distancing Amid COVID-19 Concerns

In light of COVID-19 concerns and the practice of social distancing, some public bodies may be considering for the first time how public open meetings can be conducted telephonically or by other remote means. While conducting…more

Coronavirus/COVID-19, Infectious Diseases, Public Meetings, State and Local Government

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Arizona Governor Doug Ducey Issues Order Delaying Evictions of Small Businesses and Nonprofits

On April 6, 2020, Governor Doug Ducey issued Executive Order 2020-21, “Prohibiting Small Business Evictions,” which delays commercial eviction actions against certain small businesses and nonprofit organizations until May 31,…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction

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Beware of Emerging Scams – CARES Act Financial Scams and Fraud Targeting Small Businesses

In a recently published survey of 2,832 businesses about their concerns related to the pandemic’s impact, 82 percent were interested in pursuing federal assistance, but only four percent of respondents expressed concerns about…more

CARES Act, Data Collection, Data Protection, Fraud, Paycheck Protection Program (PPP)

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Ninth Circuit Confirms That FCRA Disclosure May Be Included as Part of Employment Packet

On February 7, 2019, we reported here that the Ninth Circuit Court of Appeals confirmed that an employer violates the Fair Credit Reporting Act’s (“FCRA”) stand-alone disclosure requirement when it provides job applicants with a…more

Consumer Reporting Agencies, Employment Contract, FCRA

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A Glimmer of Hope for Condominium Developers

On September 26, 2013, the House of Representatives took a major step in simplifying the sale and lease process for condominium developments, voting 410/0 in favor of H.R. 2600, introduced by New York Republican Congresswoman,…more

Condominiums, Disclosure Requirements, Housing Developers, ILSA, Leases

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Additional Exhaustion of Administrative Remedies Requirements for Industries Governed by Federal Transportation Laws

The requirement for an employee to exhaust administrative remedies may go beyond filing a charge with the Equal Employment Opportunity Commission (“EEOC”) and state employment agencies. Industry-specific exhaustion requirements…more

ADA, Administrative Remedies, Department of Transportation (DOT), Discrimination, EEOC

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ISS Publishes COVID-19 Case Study Focused on Executive Compensation Adjustments

As we previously reported in prior SW Benefits Updates, the challenges presented to management and corporate boards from COVID-19 are significant. Among other considerations, companies might adjust 2020 performance goals, delay…more

Compensation & Benefits, Corporate Governance, EBITDA, Executive Compensation, Glass Lewis

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Webcast Title Using Trademarks of Another Deemed Nominative Fair Use

The Ninth Circuit Court of Appeals recently held that the title of a webcast, which included two trademarks belonging to another party, constituted nominative fair use, which protected the defendants from trademark infringement…more

Advertising, Endorsements, Fair Use, Goods or Services, Intellectual Property Protection

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The SEC Continues to Impose Fines and Other Penalties on Companies Based Solely on the Content of Their Standard Corporate Documents

In August 2016, we highlighted that companies may want to review the content of their standard severance agreements, settlement agreements, confidentiality agreements and similar documents in light of an unprecedented…more

Confidentiality Agreements, DOL, EEOC, Employment Contract, Non-Disparagement Provisions

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Green Cars: Reducing Range Anxiety and Increasing Incentives

The “green car” market is growing. Tesla may lead the way in luxury, but almost all auto manufacturers are investing significantly in plug-in electric vehicles (EV(s)). Policy, law, and regulation must change as the EV market…more

Automotive Industry, Charging Stations, Electric Vehicles, Federal Highway Administration, Green Cars

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States Challenge EPA’s COVID-19 Enforcement Policy

In prior blogs (available here and here), we’ve reported on changes to certain federal and state environmental enforcement policies related to COVID-19. In a nutshell, these policies essentially clarified the enforcement…more

Administrative Procedure Act, Coronavirus/COVID-19, Department of Environmental Quality, Enforcement Actions, EPA

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Free COVID-19 Testing Extended for Another 90 Days

On July 23, 2020, the Secretary of the Department of Health and Human Services ("HHS") issued another 90-day extension regarding free COVID-19 testing. The free COVID-19 testing requirement was set to expire on July 25, but will…more

CARES Act, Coronavirus/COVID-19, Cost-Sharing, Department of Health and Human Services (HHS), DOL

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Cybersecurity Disclosures: A 2018 Priority For Public Companies

Dear clients and friends, For this edition of the Corporate Communicator, we summarize key considerations of an interpretative release from the SEC about the SEC’s views on companies’ disclosure obligations relating to…more

Cybersecurity, Data Breach, Data Protection, Disclosure Requirements, Guidance Update

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Nationwide Injunction Halts Enforcement of DOL Regulation on Overtime Pay

Last week, a federal judge from the United States District Court for the Eastern District of Texas entered a nationwide preliminary injunction prohibiting the U.S. Department of Labor (“DOL”) from implementing updates to the…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

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Cybersecurity Disclosures: A 2018 Priority For Public Companies

Dear clients and friends, For this edition of the Corporate Communicator, we summarize key considerations of an interpretative release from the SEC about the SEC’s views on companies’ disclosure obligations relating to…more

Cybersecurity, Data Breach, Data Protection, Disclosure Requirements, Guidance Update

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New Mexico Employment Law 2019 Review

It’s been a busy year for New Mexico legislators. On January 1, 2019, Democrat Michelle Lujan Grisham became New Mexico’s 32nd governor, replacing Republican Governor Susana Martinez. Gov. Grisham campaigned on a platform of…more

Caregivers, Employer Liability Issues, Employer Mandates, Medical Marijuana, Minimum Wage

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Amendments to Rights of Federally Funded Inventions and Government Owned Inventions

On April 13, 2018, a final rule was published in the Federal Register adopting proposed rule changes from the National Institute of Standards and Technology (“NIST”)…more

Bayh-Dole Act, Electronic Reporting, Federal Contractors, Federal Funding, Inventions

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Legitimate Survival Tactic or Exploitative Business Behavior

From personal protective equipment (PPE) and ventilators to simple consumer goods like toilet paper, hand sanitizer, and cleaning products, shortages caused by COVID-19 have driven up prices for these items and many more. State…more

Coronavirus/COVID-19, Personal Protective Equipment, Price Gouging, Price Inflation, Sherman Act

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Doing Business In Arizona - A Legal Guide

Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more

Business Ownership

See all updates »

Nevada Foreclosure Law Changes

The Nevada Legislature recently passed amendments to the Nevada Revised Statutes (NRS) that appear to be intended to ease the nonjudicial foreclosure process for lenders and provide meaningful disclosure of what borrowers need…more

Affidavits, Amended Legislation, Borrowers, Foreclosure, Trustees

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President Declares National Emergency: Foreign Adversaries Creating Vulnerability in U.S. Electric Grid

On May 1, 2020, President Trump declared a national emergency relating to threats facing the bulk-electric power system in the United States. Specifically, the President issued Executive Order on Securing the United States…more

Bulk Electric System, Donald Trump, Executive Orders, Secretary of Energy

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Applications Open for $200 Million COVID-19 Telehealth Program

As a follow up to our legal alert posted on April 7, 2020, the Federal Communications Commission ("FCC") announced that it is accepting applications for its $200 million COVID-19 Telehealth Program as of April 13, 2020. As a…more

CMS, Coronavirus/COVID-19, Department of Health and Human Services (HHS), DHS, Emergency Response

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SEC Awards Record Payout of Nearly $50 Million to Whistleblower

On June 4, the Securities and Exchange Commission (“SEC”) announced a nearly $50 million whistleblower award to an individual who provided detailed, firsthand observations of misconduct by a company, which resulted in a…more

Corporate Misconduct, SEC, Securities Violations, Whistleblower Awards, Whistleblowers

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Global Connection - January 2018

Dear Friend of Snell & Wilmer: The past year brought significant changes across a variety of political, legal, and policy spheres, and the world of U.S. international trade law was no exception. This edition of the…more

Cross-Border Transactions, Cuba, DOJ, Economic Sanctions, Embargo

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Time to Review Your Non-Competition Agreements in Light of New Nevada Statutory Amendments

On June 3, 2017, the Governor of Nevada signed Assembly Bill 276 into law, making substantial changes to Nevada Revised Statute (“NRS”) 613, which governs non-competition agreements. The amendments are notable for not only…more

Amended Legislation, Confidential Information, Corporate Counsel, Intellectual Property Protection, Non-Compete Agreements

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Impact of COVID–19 on Energy and Infrastructure Projects in Arizona and the West

With states now modifying their stay-at-home orders and social distancing restrictions, the long-term effects of the COVID-19 pandemic on energy and infrastructure projects remains unclear. There have been several immediate…more

Coronavirus/COVID-19, Energy Sector, Infrastructure, Re-Opening Guidelines, Renewable Energy

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New Senate Bill Seeks to Expand Protections for Nursing Mothers

Currently under the Fair Labor Standards Act (“FLSA”), employers with 50 or more employees are required to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s…more

Breastfeeding, DOL, Employer Liability Issues, Employment Policies, FLSA

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Colorado Eschews “No Set of Facts” and Embraces the Federal Iqbal/Twombly Pleading Standard in Warne v. Hall

In 2007, the United States Supreme Court applied a new, stricter standard to motions to dismiss, and extended and further explained that standard in 2009. While some state courts have followed suit, others have reaffirmed the…more

CO Supreme Court, Motion to Dismiss, Rules of Civil Procedure, Tortious Interference, Twombly/Iqbal Pleading Standard

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COVID-19 and Absent Past Parallels

Along with the more pressing concerns for the safety of their families and communities, owners and contractors are both confronted with another unknown: how will courts handle the disputes that eventually develop following the…more

Construction Industry, Contractors, Force Majeure Clause

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Doing Business In Arizona - A Legal Guide

Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more

Business Ownership

See all updates »

Does Everyone Need a South Dakota Trust?

South Dakota trusts have been around for years, but recently they have been brought to the attention of individuals outside of the estate planning community. Bloomberg recently ran an article, Little Tax Haven on the Prairie by…more

Estate Tax, Tax Haven, Trust Income

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Am I Still Covered Under the Title Insurance Policy?

When transferring property for corporate restructuring or estate planning purposes, an important issue to consider is whether the successor owner will be covered by the grantee’s title insurance policy. Because title insurance…more

Corporate Restructuring, Estate Planning, Policy Terms, Succession Planning, Successor Liability

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Nevada Suspends Commercial and Residential Evictions and Foreclosures Due to COVID-19 Crisis

Nevada recently joined the rapidly-increasing list of states suspending or barring eviction and foreclosure actions during the COVID-19 pandemic. By both executive directives and judiciary orders, almost all foreclosure and…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Forbearance Agreements, Foreclosure

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Coal Exports: The Trump Administration and Western States Take Action to Open Ports for Shipment of Coal

On April 10, 2019, President Donald Trump signed an Executive Order seeking to address permitting and policy obstacles preventing the export of coal and other energy resources through West Coast ports. New port facilities and…more

Certifications, Clean Water Act, Coal, Coal Industry, Economic Development

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Updated FMLA Forms Released by the DOL for Employers’ Use

The Department of Labor recently released updated FMLA forms that employers can use to notify employees about their FMLA rights and confirm an employee’s leave is for an FMLA qualifying purpose. The updated forms include: (1) a…more

DOL, FMLA, Forms

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New Consensus Contract Template Offers Lean Practices to Enhance Design-Build Project Delivery

Lean construction aims to minimize waste of materials, time and effort and increase the productivity and effectiveness of construction work. ConsensusDocs ("CD"), a coalition of some 40 prominent A/E/C industry organizations,…more

Design-Build, Integrated Project Delivery (IPD), Subcontracts

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Hospital and Healthcare Company Ransomware Attacks Increasing During COVID-19 Pandemic

On April 4, 2020, Interpol issued a warning to hospitals and healthcare companies at the forefront of the COVID-19 pandemic that cybercriminals are targeting them with ransomware attacks. Cybercriminals are using ransomware…more

Coronavirus/COVID-19, Cyber Attacks, Cyber Crimes, Cybersecurity, Data Protection

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Are You Ready, Nevada? Nine New Laws for the New Year

Don’t let hindsight be 2020. While others are enjoying the holidays and a well-deserved break, Nevada businesses should “check their lists twice” to make sure they are compliant with a host of new laws going into effect in…more

Affordable Housing, Apprenticeships, Call Centers, Campaign Finance Reform, Department of Industrial Relations

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Tips for Mediation of the Toughest Construction Disputes

Settlement of a complex construction dispute at mediation can mean the end to sleepless nights for our clients. Resolution at mediation avoids the unpredictable risks and inordinate costs of seeing a dispute through to the…more

American Arbitration Association, Arbitration, Arbitration Agreements, Construction Contracts, Construction Disputes

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Not All Face Masks Are Created Equal: What Employers Should Know Before Distributing Dust Masks or Respirators in the Workplace

Employers considering whether to distribute any type of face mask in the workplace should know the potential occupational safety and health implications. OSHA’s respiratory protection standard, 29 C.F.R. § 1910.134, governs…more

Employer Liability Issues, Masks, OSHA, Workplace Safety

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Five Land Banking Lessons Learned During the 2008 Great Recession

Land banking was one of the hardest hit industries during the 2008 Great Recession. As the housing and financial markets declined drastically, many homebuilders terminated their option agreements with the land bankers and walked…more

Coronavirus/COVID-19, Great Recession, Housing Market, Lenders, Liens

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Federal Reserve Expands Main Street Lending Program; New Affiliate Rules May Impact Some Borrowers

On April 30, the U.S. Federal Reserve provided updated terms for the $600 billion Main Street Lending Program (Main Street Program), which will now operate through three facilities: the Main Street New Loan Facility (MSNLF), the…more

Borrowers, EBITDA, Federal Reserve, Lenders, Libor

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Writ of Certiorari Denied in Oracle v. Google: Software Declaring Code, Including Structure, Sequence, and Organization Remains Protectable as Copyright

On June 29, 2015, the U.S. Supreme Court denied Google, Inc.’s petition for writ of certiorari, leaving intact the Federal Circuit’s holding that Oracle’s Java API software, and particularly the API declaring source code, is…more

Appeals, Copyright, Copyright Infringement, Copyrightable Subject Matter, Oracle v Google

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Supreme Court Uproots Current PTAB Practice by Quashing Partial Decisions

On April 24, 2018, in SAS Institute, Inc. v. Iancu, the Supreme Court held that the Patent Trial and Appeal Board (“PTAB”) must decide the validity of every patent claim challenged when it undertakes inter partes review under…more

Administrative Proceedings, America Invents Act, Constitutional Challenges, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board

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Internal Investigations in the Time of COVID-19: Preserving Attorney-Client Privilege, Work Product, and Confidentiality

Benjamin Franklin once said, “The handshake of the host affects the taste of the roast.” He was right: a simple handshake introduction can be telling, not least of all in the context of internal investigations. Most obvious,…more

Attorney-Client Privilege, Best Practices, Confidentiality Policies, Coronavirus/COVID-19, Cybersecurity

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Arizona Governor Doug Ducey Issues Executive Order Allowing Elective Surgeries

On Wednesday, April 22, Arizona Governor Doug Ducey signed Executive Order 2020-32, announcing that certain hospitals, dental offices and other healthcare facilities (each, a “Healthcare Facility”) will be able to resume…more

Coronavirus/COVID-19, Elective Surgical Procedures, Executive Orders, Exemptions, Governor Ducey

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National Security Acquisitions and Foreign Trade Support in the $2 Trillion COVID-19 Stimulus Package

On March 27, 2020, President Trump signed into law the largest spending bill in U.S. history in an effort to combat the COVID-19 pandemic. One focus of the bill is on ensuring that sufficient amounts of critical materials are…more

Coronavirus/COVID-19, Financial Stimulus, National Security

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Colorado Legislature Passes Sweeping Oil and Gas Reform

Members of the Colorado State Senate, on a strictly party-line vote, approved amendments to SB-181 made by the State House. SB-181 will now make its way to the Governor’s desk, where it is all but certain to be signed into law…more

Energy Reform, Energy Sector, Mineral Rights, Oil & Gas, Pending Legislation

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States Challenge EPA’s COVID-19 Enforcement Policy

In prior blogs (available here and here), we’ve reported on changes to certain federal and state environmental enforcement policies related to COVID-19. In a nutshell, these policies essentially clarified the enforcement…more

Administrative Procedure Act, Coronavirus/COVID-19, Department of Environmental Quality, Enforcement Actions, EPA

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SCOTUS to Consider USPTO’s Attorneys’ Fees Policy

On Monday, the Supreme Court of the United States granted certiorari in Iancu v. NantKwest to resolve a circuit split concerning “expenses” a patent applicant must pay when challenging the United States Patent and Trademark…more

35 U.S.C. § 145, Administrative Proceedings, American Rule, Attorney's Fees, Certiorari

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An Ounce of Prevention - Strategic Outside General Counsel Solutions

All businesses (big and small) face legal issues every day ranging from the urgent (a lawsuit was just filed against the company), to the routine (a customer marked-up our form contract), to the mundane (where do we put our…more

Contract Disputes, Corporate Governance, Human Resources Professionals, Outside Counsel, Privately Held Corporations

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Taxpayer Cybersecurity – Step 5: Create a Data Theft Recovery Plan

The Security Summit, consisting of the Internal Revenue Service (“IRS”), state tax agencies, and private-sector tax industry officials, is encouraging tax professionals during the 2019 summer season to take some time to assess…more

Cyber Crimes, Cybersecurity, Data Breach, Data Privacy, Data Protection

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COVID-19: Mexico's Phase Two

In response to the COVID-19 pandemic, on March 24, 2020, the Mexican Government declared that Mexico is on Phase 2 Community Transmission of COVID-19. This means that the virus began to spread internally. In this Phase, the…more

Business Continuity Plans, Coronavirus/COVID-19, Emergency Management Plans, Health and Safety, Mexico

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