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
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Military Law
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Arizona
  • California
  • Colorado
  • D.C.
  • Idaho
  • Nevada
  • New Mexico
  • Oregon
  • Utah
  • Washington
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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How Much Information Must a Shareholder Provide to a Corporation to Inspect Books and Records Under Section 220?

The Supreme Court of Delaware recently affirmed a decision by the Court of Chancery that ordered a corporation to produce certain books and records to a shareholder, and which granted leave to the shareholder to take a corporate…more

Board of Directors, Books & Records, Corporate Counsel, Delaware General Corporation Law, Derivative Suit

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A Landlord’s Guide to the Center for Disease Control’s Eviction Moratorium

The Center for Disease Control and Prevention (the “CDC”) and the Department of Health and Human Services (the “HHS”) has issued an order to temporarily halt a landlord’s right to evict certain residential tenants to prevent the…more

CDC, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Eviction, Landlords

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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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Fourth Circuit Affirms Divestiture Order in Antitrust Challenge Brought by Private Party Against Acquisition

In an unprecedented move, the Fourth Circuit in Steves and Sons Inc. v. JELD-WEN Inc. recently affirmed an order requiring a company to unwind the acquisition of competitor business in connection with an antitrust action brought…more

Divestiture, Equitable Defenses, FTC, Justice Department, SCOTUS

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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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Who Owns Pore Space for Geologic Carbon Sequestration? Renewed Focus on Carbon Capture and Storage Likely to Bring Ownership Uncertainties on Western Split-Estate Lands Back into the Picture

The omnibus appropriations legislation passed by Congress in December 2020 contained notable bipartisan energy initiatives, including extension of tax incentives for renewable energy development, energy efficiency, and energy…more

Carbon Capture and Sequestration, Carbon Emissions, Energy Projects, Energy Sector, Energy Storage

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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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Debt Limit Increase of Subchapter V of Chapter 11 of Bankruptcy Code Extended

The 2020 CARES Act, enacted in response to the COVID-19 pandemic, included what was thought to be a temporary increase in the debt limits for Subchapter V bankruptcy filings under the Small Business Reorganization Act…more

Bankruptcy Code, CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19

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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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California Construction Law Update for 2021

In the 2020 COVID-19 year, there were not that many construction-related cases decided by the California Courts of Appeal, and none by the California Supreme Court. However, there were a number of interesting cases that raise…more

Anti-SLAPP, Attorney's Fees, Breach of Contract, California, Construction Contracts

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2021 Consolidated Appropriations Act Compliance Checklist for Plan Sponsors

On December 27, 2020, former President Trump signed the Consolidated Appropriations Act, 2021 (the “CAA”) into law. The CAA includes numerous provisions that impact employer-sponsored group health plans, including the…more

Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Employee Benefits, Employer Group Health Plans

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Supreme Court Grants Certiorari to Resolve Long-Running Debate on Assignor Estoppel

Last Friday, the U.S. Supreme Court granted certiorari in Minerva Surgical v. Hologic, thereby agreeing to resolve a long-running debate on patent law’s doctrine of assignor estoppel. Minerva Surgical has asked the Court to…more

Assignor Estoppel, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Invalidity, Patents

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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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Looming Contractual Limitations Periods May Impact Policyholders’ Ability to Seek Business Interruption Insurance Coverage for Coronavirus-Related Losses

Despite a massive public relations campaign by insurers and some early decisions against coverage, the pendulum is starting to swing toward coverage for COVID-19 business income losses. Increasing rulings for coverage in…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Insurance Industry, Property Damage

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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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Annual Meeting and Proxy Considerations

Holding Your Annual Meeting Virtually—Lessons Learned From 2020 - In light of the circumstances surrounding the COVID-19 pandemic, it comes as no surprise that there was a dramatic increase in the number of virtual…more

Annual Meeting, Board of Directors, Business Continuity Plans, Coronavirus/COVID-19, 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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IPRs Terminated by PTAB After Petitioner Failed to Name Client as RPI

In RPX Corp. v. Applications in Internet Time LLC, the Patent Trial and Appeal Board (“PTAB”) held in a precedential opinion that three inter partes reviews (“IPRs”) were time-barred under 35 U.S.C. § 315(b) because the…more

§ 315(b), Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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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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Colorado River Lower Basin States Face Tier 1 Shortage and Maybe More

The U.S. Bureau of Reclamation’s April 24-Month Study, published this week, as expected, signals a significant likelihood of reduced water deliveries in the Lower Basin of the Colorado River to Arizona, California, and Nevada…more

Bureau of Reclamation, Drought, Supply Shortages, Utilities Sector, Water

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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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California’s New COVID-19 Supplemental Paid Sick Leave—Senate Bill No. 95

On March 19, 2021, Governor Newsom signed Senate Bill No. 95 which requires covered employers to provide a new bank of supplemental paid sick leave for certain COVID-19-related reasons. This bill goes into effect 10 days from…more

American Rescue Plan Act of 2021, Cal-OSHA, California, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA)

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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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President Biden Focuses on Strengthening COVID-19 Workplace Compliance

Occupational Safety & Health Administration (OSHA) issues and proposed actions took center stage in the first week of the Biden Administration. The President called for greater enforcement by OSHA of more stringent worker safety…more

Biden Administration, Coronavirus/COVID-19, Executive Orders, OSHA, Rulemaking Process

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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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Delaware Supreme Court Holds That Fraud is Insurable

In a decision that is likely to reshape directors and officers (“D&O”) policies across the nation, the Delaware Supreme Court has held that fraudulent conduct by corporate officers and directors is insurable under Delaware law…more

Breach of Duty, Class Action, Corporate Counsel, D&O Insurance, DE Supreme Court

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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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The New Reality: The Remote Workplace Is Here—Maybe Permanently!

A recent survey conducted by the Society of Human Resource Managers revealed that one of the top employment issues businesses face today is how best to train supervisors to effectively manage a remote workforce. Close behind…more

Business Expenses, Employee Training, Employment Policies, Proprietary Information, Remote Working

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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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SBA Adopts New Process for Absolving Fraudulent Loans in Attempt to Provide Certainty to Affected Businesses

The Paycheck Protection Program (“PPP”) was created on March 27, 2020 as part of the first COVID-19 relief package. Over the past year, Congress appropriated almost $700 billion to the PPP in an effort to provide forgivable…more

Coronavirus/COVID-19, Corporate Counsel, FOIA, Fraud, Fraudulent Transfers

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Ready or Not, Mental Health Parity Reporting Has Been Effective Since February 10, 2021

On April 2, 2021, the Labor, Treasury, and Health and Human Services departments (the “Departments”) issued ACA FAQs Part 45 (“FAQ 45”), which elaborates on the new reporting requirements implemented by the Consolidated…more

Affordable Care Act, Consolidated Appropriations Act (CAA), Department of Labor (DOL), Employer Group Health Plans, Mental Health

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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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Tort Claims Against an Alter Ego May Be Considered an Action “On a Contract” for the Purposes of an Attorneys’ Fees Award under California Civil Code section 1717

California Civil Code section 1717 entitles the prevailing party to attorneys’ fees “[i]n any action on a contract,” where the contract provides for an award of attorneys’ fees to the prevailing party, regardless of whether the…more

Alter Ego, Attorney's Fees, Breach of Contract, Civil Code, Prevailing Party

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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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EEOC Announces Conclusion of Conciliation and Mediation Pilot Programs

Today, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it concluded its two six-month conciliation and mediation pilot programs originally announced in July 2020. We addressed the mediation pilot program…more

Conciliation, Coronavirus/COVID-19, EEOC, Mediation, Pilot Programs

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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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DOL Clarifies Key Provisions, Issues Model Notices for COBRA Relief Under ARPA

On March 11, 2021, President Biden signed into law the American Rescue Plan Act (“ARPA”). We previously summarized the provisions of ARPA that significantly and immediately impact group health plans in our SW Benefits Update,…more

American Rescue Plan Act of 2021, Benefit Plan Sponsors, COBRA, Coronavirus/COVID-19, Department of Labor (DOL)

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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, Department of Labor (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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2021 Consolidated Appropriations Act Compliance Checklist for Plan Sponsors

On December 27, 2020, former President Trump signed the Consolidated Appropriations Act, 2021 (the “CAA”) into law. The CAA includes numerous provisions that impact employer-sponsored group health plans, including the…more

Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Employee Benefits, Employer Group Health Plans

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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

Department of Labor (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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Eligibility for Families First Coronavirus Response Act Leave Under Different School Reopening Models

The Families First Coronavirus Response Act (“FFCRA”) provides covered employees with up to 10 days of emergency paid sick leave and up to 12 workweeks of expanded family and medical leave, 10 workweeks of which are paid, if…more

Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), FMLA, Paid Leave

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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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Polar Vortex Highlights Problems with Texas Isolationist Model and Need for National Electric Grid

Following a week of extremely cold temperatures which caused millions of Texans to be without power, in some cases for longer that three days, the Federal Energy Regulatory Commission (FERC) announced that it will be conducting…more

Electric Generation Suppliers, Electricity, Energy Sector, FERC, Investigations

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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

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Homeland Security (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

See all updates »

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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Delaware Court of Chancery: Deadlock Can be Genuine Even When Unilaterally Orchestrated

A Delaware Court of Chancery case decided earlier this year provides some useful guidance on the interpretation of LLC agreements and what constitutes a “deadlock” under Delaware law. The case, Mehra v. Teller, involved a…more

Breach of Contract, Business Divorce, Corporate Deadlock, Corporate Dissolution, Limited Liability Company (LLC)

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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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Court of Chancery finds that it lacks personal jurisdiction over employee in former company’s non-compete action

Choice of law and choice of forum clauses in employment agreements are tricky business. Even though a Delaware LLC employer may think they have strong, iron-clad selection provisions in their employment agreements, the Delaware…more

Choice-of-Law, Contract Terms, Employment Contract, Former Employee, Forum Selection

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New Year, New Laws – Congress Passes Major Anti-Money Laundering Act

On January 1, 2021, Congress passed the National Defense Authorization Act for Fiscal Year 2021, an omnibus bill that includes the Anti-Money Laundering Act of 2020 (“AMLA”). The AMLA bans the use of anonymous shell companies by…more

Anti-Money Laundering, Anti-Retaliation Provisions, Corporate Transparency Act, Disclosure Requirements, DOJ

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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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Wash Your Hands and Read Your Contract: COVID-19 Reminders for the Construction Industry

A year into the pandemic, many of us are reflecting on how far we have come. While we may laugh at the memory of wiping off grocery bags with Clorox, some of the lessons, like washing your hands for at least 20 seconds, are…more

Arbitration, Construction Industry, Construction Project, Contract Modification, Contract Termination

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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 -…