Publications

12/3/2018
Marriott Hack Shows Risks Of Lax Cyber Diligence In Mergers

Law360 (December 3, 2018, 10:02 PM EST) -- When hotel giant Marriott International Inc. merged with rival Starwood Hotels in 2016, it also unwittingly bought a reservation database where the company said Friday intruders were lurking undetected, illustrating the risks of missing cybersecurity gaps during due diligence.

12/03/2018
The Colorado 200: 2018

Law Week Colorado’s annual Colorado 200 lists the largest firms in Colorado according to headcount. We collect information on Colorado’s law firms through a self-reported survey, and when we don’t have that survey information available, we count attorneys ourselves.

11/29/2018
Legal Insights: Building Better Mousetraps by Adding Value to Technical Proposals

“Build a better mousetrap and the world will beat a path to your door” is the old saying, but the federal government seldom beats a path to the door of a contractor. Nevertheless, companies can win contracts by adding value to their proposals with technical discriminators.

11/25/2018
You Broke It, You Bought It

A promised crackdown on illegal games in California card rooms and a state-mandated audit of spending by the Gambling Control Commission (GCC) and Bureau of Gambling Control (BGC) foreshadow long-awaited scrutiny of the state’s politicized regulatory system.

11/21/2018
Hearing for controversial Vintage project delayed

Vintage at Kings Canyon, the controversial westside development approved in 2016 but stalled since, is delayed again.

The planned unit development was scheduled to go before the Planning Commission on Nov. 28, but the action on the agenda item is to continue the request to a date uncertain.

10/16/2018
Tribes Urge Developer Focus on Economic Diversity, Sustainability

Connecting investors to tribal communities may help bolster economic sustainability and build capacity on reservations.

11/07/2018
Sports Betting In New Mexico Heats Up, Despite Lack of New Legislation

Everywhere you look, there is another state looking at new legislation designed to facilitate sports betting, but in one state, both a tribal casino and the state lottery have started taking bets, or announced plans to, without a single legislative change.

The New Mexico Lottery Authority approved a new sports game last week that would effectively be a parlay card, requiring players to correctly guess three or more results correctly.

11/02/2018
Tribal Compacts a Challenge for New Mexico Sports Betting

A guest grabs pick sheets during the launch of full-scale sports betting at Dover Downs Hotel and Casino in Dover, Delaware. Legalizing sports betting across New Mexico would come with a $74 million hit to state revenue if tribal gaming compacts aren’t renegotiated. That loss—stemming from a provision that gives tribes exclusive gaming rights—far outweighs tax revenue estimates if the state widely legalizes sports betting, according to new projections presented to state legislators. At risk is shared gaming revenue the state gets from tribes under those compacts.

11/02/2018
Transportation Ballot Measures to Watch in the Midterms

Law360 (November 2, 2018, 5:51 PM EDT) -- U.S. voters will consider more than 200 state and local transportation-related ballot initiatives on Tuesday, including gas tax increases, bond issuances and so-called lockbox measures ensuring that transportation and infrastructure funds are used exclusively for their intended purpose.


 

11/02/2018
Milestone Election For California Tribal Gaming Celebrates 20th Anniversary

On Saturday, it will be 20 years since California voters went to the polls and passed Proposition 5, a genuinely historic ballot measure which gave gaming tribes a decisive victory over Nevada's casinos and ensured the future of the $32.4bn juggernaut known as Indian gaming.

November 2018
Can They Do That? Commonly Misused Phrases in Pleadings and Discovery

One commonly used phrase in answers and discovery responses is that a document "speaks for itself." Many defense lawyers use this phrase to avoid conceding issues related to the interpretation of a writing, such as a contract. This tactic has drawn criticism from courts, and beginning in July 2018 the Arizona Rules of Civil Procedure prohibit using this phrase in an answer.

10/30/18
Legally speaking: Looking ahead to the 2019 Nevada Legislature

Uncertainty over who will replace Brian Sandoval to become the 30th Governor of Nevada - and a crucial showdown over the controversial energy ballot measure Question 3 - will have a large impact on the 80th Session of the Nevada Legislature.

10/29/2018
The Impact of Stern on Secured Creditors

The impact of the Supreme Court's Stern v. Marshall decision on secured creditors.

10/26/2018
Nevada Sports Books Prepare for Out-of-State Betting

Nevada sports books could accept bets from out-of-state customers once a federal ban is lifted, if regulators position the state now to cash in.

10/23/2018
States Push Back on Local Paid-Sick-Leave Laws

As more city governments across the country consider enacting laws requiring employers to give workers varying amounts of paid-sick-leave time, some state lawmakers have blocked local jurisdictions from doing so.

10/22/2018
What Litigants in Arizona Need to Know About the New JRAD Rules

Effective January 1, 2018, the Supreme Court of Arizona adopted changes to the Judicial Review of Administration  Decisions Rules (the “JRAD Rules”). The changes approved by the Court simplify the rules and are intended to enable all litigants to better understand the process and promote the expeditious resolution of proceedings on the merits. The revised JRAD Rules and accompanying forms stem from the Court’s initiative to promote access to justice. At the same time, the revised rules allow parties—regardless of their familiarity with the administrative and administrative appeals process—to engage on the merits and seek a substantive resolution of the proceedings.

10/22/18
Beyond Wayfair: Implications For State and Foreign Taxes

by: Paul Jones and Jad Chamseddine

Tax Analysts

As the post-Wayfair landscape firms up, it's clear the case could have applications beyond remote sellers, reaching into states' authority to pursue business taxes using economic nexus, the adoption of factor presence nexus standards, and even the tax policies of European countries.

10/22/2018
Running With The Bulls

Running with the bulls in Pamplona, Spain is an experience like no other. Lore is that you know when to run when you see the fear on the runners’ faces who started earlier in the course. Adam Massaro, an intellectual property litigator at Lewis Roca Rothgerber Christie LLP, could not pass up experiencing this self-imposed chaos.

10/8/2018
Requesting and Providing References - How to Exchange Information Respectfully and Professionally

If you ask three HR professionals about how to give and request references, you are likely to get five opinions. This is an area fraught with conflicting information and a fear of legal risk. However, schools need references to determine whether an applicant might be a good fit for the job they have open. Information about past performance is critical to this decision.

10/01/2018
Appellate Courts Increasingly Affirm Trial Court Decisions to Dismiss Lawsuits

A current trend in the federal and Nevada appellate courts brings to mind the 1988 fight between Michael Spinks and the reigning heavyweight champion, Mike Tyson. Both were undefeated. It was then the richest fight in history, grossing $70 million, funded largely by pay-per-view fees from over 600,000 households. But the spectacle ended quickly. Tyson knocked out Spinks halfway into the first round, in just 91 seconds. (A fight that “goes the distance” to a decision lasts 36 minutes over 12 rounds.) During his career, Tyson won eight fights in less than a minute.

10/01/2018
Changes to California Law Impact Collection of Consumer Debt

A recent change to California law significantly limits the ability of debt collectors to collect a time-barred consumer debt. Effective January 1, 2019, amendments to the Rosenthal Fair Debt Collection Practices Act will require debt collectors to notify debtors if they are attempting to collect a time-barred consumer debt. The changes also prohibit debt collectors from initiating legal proceedings to collect the debt under most circumstances.

 

10/1/2018
Getting Ahead of Cybersecurity Issues

Lewis Roca Rothgerber Christie forms strategic alliance in cybersecurity space

09/05/2016
Messaging Apps: Don't Let the Disappearing Act Catch You by Surprise in Discovery

Slack. Jabber. Google Hangouts. Wickr. Confide. Messaging apps are no longer the future of eDiscovery, they are the present. Although these chat-style software programs and mobile messaging apps provide conven­ience for day-to-day business, they can pres­ent significant challenges in litigation. A party who is in litigation, or who reasonably anticipates being in litigation, is obligated to preserve relevant electronic evidence. But what does that mean for a business that utilizes an enterprise-wide chat function or other forms of messaging? Are employees permitted to use “disappearing” ephemeral messaging apps to communicate after a liti­gation hold is in place? Can they only use systems that can be configured to prevent a message from being completely deleted? By and large, these questions remain unan­swered, but understanding the rules frame­work will lead us toward some of these answers—and is the first step to preventing the data disappearing act from catching you by surprise.

09/01/2018
Ten Common Proposal Defects: What Bid Protests Can Teach Us About Writing Better Contract Proposals

Proposals to perform federal contracts may fail to result in awards for many reasons.  Frequently, this failure is because the prospective contractor simply cannot com­pete on technical considerations, price, or past performance. However, on other occasions, a contract award is lost because of defects in the offeror’s proposal.

8/31/2018
Proposition 207 Removed From Ballot

On August 29, 2018, Chief Justice Scott Bales signed an order stating that a majority of the justices ruled that Proposition 207’s description of the campaign’s proposed tax hike on those making $250,000 or more, did not include language describing how the law would affect the tax brackets at every income level. The Justices determined that the drafting and the substance of the description made “the description . . . inadequate.” As a result, the Arizona Supreme Court removed Proposition 207 from the ballot because petitions did not state that the measure would eliminate indexing tax brackets to changes in the Consumer Price Index.

8/29/2018
VF Corp Taking Its Talents to Denver

Attorneys discuss key considerations for companies pulling off relocation.

08/27/2018
Sports Betting in Arizona Requires Tribal Compact Rework

Arizona leaders have to consider a potential “poison pill” in their gaming compacts with Indian tribes when weighing the legalization of sports betting, according to a Phoenix-based attorney. Passing a law to let the state or businesses offer gambling on games would reduce how much revenue tribes owe Arizona from their casinos across the state, said Stephen Hart, a partner with Lewis Roca Rothgerber Christie LLP who practices Indian and gaming law.

8/16/2018
Arizona Voters to Decide on School Voucher Expansion in November 2018

In 2011, Arizona became the first state to create an Empowerment Scholarship Accounts (ESA) program, allowing parents or guardians of students with disabilities to use state funds, in the form of an ESA, for private school education. The law, which established the ESA, provided funding for private school and is measured at 90 percent of what the state would have paid for the student to attend a public school district or charter school. The law allows parents or guardians to use a prepaid bank card to pay for education-related tuition, fees, textbooks, tutoring, educational therapies, and curriculum. Since its inception, the ESA program has been expanded to cover students meeting other specified criteria, including children who attend failing schools and children who live on an Indian reservation.

8/08/2018
When Employees Leave: Conduct Comprehensive Exit Interviews

Labor & Employment attorney, Melanie Pate, is quoted in a SHRM Online article addressing the importance of exit interviews when an employee leaves a company.

8/06/2018
Colorado Makes Sweeping Changes to Protect Consumer Data Privacy

On May 29, 2018, Colorado governor John Hickenlooper signed into law House Bill 18-1128, which significantly expands existing privacy and data breach notification laws. Under the newly enacted legislation, covered entities that maintain paper or electronic documents with personal identifying information are to implement and maintain reasonable security procedures and practices. These entities will be required to investigate suspected security breaches and, when a security breach occurs, numerous notification requirements are triggered. The act takes effect on September 1, 2018.

08/01/2018
Legal Insights: Determining Contractor Responsibility

Awards of almost all federal contracts are based on the agency’s evaluation of price, technical approach, and contractor responsibility. While each factor is vitally important, no contract will be awarded to a contractor found nonresponsible. Responsibility encompasses a broad range of standards. Prospective contractors need to understand these standards and how they are applied.

7/31/2018
New Generation of Laws Take Effect

Arizona history is alive, and its echoes can be seen in our Constitution’s direction that legislation signed into law by the Governor does not become effective until 90 days after the end of the Regular Legislative Session. 

7/31/2018
Blockchain: What is it and can I protect it via patents?

What is Blockchain?
Blockchain technology, some might argue, is the most important technological innovation since the Internet. Those impacted by this technology are not only companies, but also everyday people. Thus, everyone should try to have a basic understanding of what blockchain is, and how one might benefit from it.

7/23/2018
Fostering a Collaborative Relationship With Your Client's HR Leadership

The more you know about your client's HR culture and departmental goals, and the more effort you make to create a comfortable, mutual working style, the more you become their trusted resource for legal questions.

7/20/2018
Employee no-poaching agreements face legal pressure

Employee no poaching agreements – is this legal? Litigation attorney, Bruce Samuels authored an article featured in AZBigMedia addressing the ramifications of such agreements in response to recent news surrounding the fast food industry.

7/17/2018
Nonprofit Organizations: Regular Tasks That Matter

Ensuring compliance on a regular basis can be a daunting task for many nonprofit organizations. This undertaking can be simplified to some degree by leaders reviewing certain organizational and governance aspects that could expose weaknesses and prompt action towards compliance.

6/14/2018
Arizona Legislature Enacts Helpful Changes to Contractor Licensing Laws

Each applicant for a license with the Registrar of Contractors (ROC) must provide identifying information to the ROC relevant to the agency’s exercise of discretion to grant the license. Under measures enacted during the 2018 session of the Arizona Legislature, the nature and scope of information has been revised, clarified and in part has eased the process for a license to be obtained. Legislation introduced by Sen. Karen Fann (SB1375) and Rep. Toma (HB2550), which Governor Ducey recently signed into law makes changes to the laws that should be welcomed by contractors.   

5/31/2018
Arizona to Study Indemnity Provisions in Construction Contracts

On May 16, 2018, Governor Doug Ducey signed Senate Bill 1271, which created a “construction liability apportionment study committee” (the “Committee”) to “research and make recommendations for the apportionment of liability in the construction industry.”

5/31/2018
Wire Transfer Scams: What Happened to the Closing Proceeds?!

Closing day for a home purchase, a real estate transaction or the purchase of a business is always an exciting day. Unfortunately, internet thieves are targeting financial institutions, professionals and individuals participating in financial transactions seeking to steal wire transfers used to fund the deals. According to the FBI, between October 2013 and May 2016, thieves diverted or attempted to divert wire transactions valued in excess of $3 Billion.

5/22/2018
The Most Important Employment Law Decision This Term

On Monday, May 21, 2018, the U.S. Supreme Court issued a highly anticipated decision regarding the validity of class and collective action waivers in employment arbitration agreements.  The high court in the consolidated appeal of Epic Systems Corporation v. Lewis held that such waivers are lawful and do not violate the National Labor Relations Act (NLRA) – rejecting  the position of the National Labor Relations Board (NLRB) and employee groups that class action waivers in arbitration agreements between employees and employers violate federal law.

5/15/2018
SCOTUS PASPA Decision

Early Monday morning, the United States Supreme Court ended a nearly six-year long legal battle regarding the constitutionality of the Professional and Amateur Sports Protection Act (“PASPA”). In doing so, the Court held that PASPA violated the 10th Amendment’s “anti-commandeering” principle, which provides that if the Constitution does not give power to the federal government or take power away from the states, that power is reserved for the states or the people themselves.

04/18/2018
Big Fish Casino Caught Up in Net of Legal Decisions

Big Fish Casino is one of many social gaming applications that provide “freemium” online casino games. Similar to many other providers, users are awarded free chips when they create their account and may  obtain additional chips by winning games, via free chip replenishment, or by purchasing additional chips. Big Fish Games was owned by Churchill Downs Incorporated, and subsequently sold to Aristocrat Leisure Limited earlier this year.

04/06/2018
Cost-Effective Class Action Defense

Class action spending continues to rise. Clients are projected to spend $2.39 billion in legal fees in class action cases in 2018. So, if your company is named as a defen­dant in a class action, how can you and your outside counsel defend the case efficiently and effectively? This article will identify legal strategies and practical tips for how class action defendants can control legal fees and costs while zealously defending class action litigation.

04/03/2018
Move Over, Human

Artificial Intelligence (“AI”) is impacting nearly every industry as both public and private companies embrace AI to increase their efficiency and competitive advantage.

04/02/2018
Legal Insights: What Offerors Ought to Know About FAR Part 15

Offerors proposing to perform negotiated federal contracts need to understand FAR Part 15. Part 15, entitled “Contracting by Negotiation,” prescribes policies and procedures governing negotiated acquisitions by the federal government. Non-negotiated contracts are awarded by federal agencies using the sealed bidding procedures described in FAR Part 14.

04/01/2018
From Ad Hoc Tools to Procedural Rules

The Uniform Commercial Real Estate Receivership Act (UCRERA) gives Nevada courts clear and limited guidance on the appointment and powers of commercial real estate receivers.

03/09/2018
Of Paul Blart, Arbitration Agreements and Bankruptcy Discharges

For several years I have been following five interesting New York lawsuits in bankruptcy court alleging a violation of the discharge injunction based on how the discharge was (or was not) reported to credit bureaus.

03/02/2018
U.S. Supreme Court Rules on Employee Whistleblower Protections

On Wednesday, February 21, the U.S. Supreme Court issued a decision ruling that whistleblowers protected by the Sarbanes-Oxley Act and the Dodd-Frank Act are limited to employees who provide information concerning violations of those laws to the Securities and Exchange Commission.

02/26/2018
eSports Legislation in Maryland

On January 19, 2018, Maryland House Bill 283 was introduced by Republican Delegate Robin Grammer. The bill exempts competitive video games, known as eSports, from the state’s laws banning wagering and gambling.

02/23/2018
Data Protection: WHOIS Ready to Enforce Your Trademarks?

Both global and US-based businesses have been advised by their EU counsel that as of May 25 2018, the EU General Data Protection Regulation (679/2016) will apply to all online offers of goods or services to EU-based natural persons. The law will make the collection of data and tracking of online activity illegal, except where express consent is obtained and where such consent is not “tied” to the receipt of goods or services (i.e., a ‘check the box’ form of consent is not expected to be usable).

02/13/2018
Internet Gaming Legislation in Massachusetts

Senator Eileen M. Donoghue has introduced Senate Bill 2273 (“SB 2273”) into the Massachusetts legislature to regulate online gaming, daily fantasy sports, and online sports betting. While the focus of the bill is currently on daily fantasy sports, as the Legislature needs to act by July 31, which is when temporary authority allowing daily fantasy sports to operate in the state expires, the scope of the overall bill is concerning.

02/12/2018
The Tribal Clean Energy Development Year in Review – 2017 Impacts and 2018 Forecast

During 2017 there were several key sets of action – at the federal, state, local, and industry levels –that have, or will, directly impact Indian clean energy development opportunities. Some of these actions will benefit Indian tribes seeking to develop clean energy resources or becoming more energy self-sufficient. 

02/12/2018
Exhausting the Possibilities

The U.S. Supreme Court’s unanimous decision in Impression Products, Inc. v. Lexmark International, Inc. reflected an increased adherence to the doctrine of patent exhaustion.1 Although the opinion, authored by Chief Justice John Roberts, roundly rejected Lexmark’s attempts to limit use of its patented ink cartridges after their initial sale, analysis of the opinion suggests that there may still be options going forward.

02/01/2018
State-run Lottery Game 'Keno' Faces Opposition From Navajo Nation and Center for Arizona Policy

PHOENIX -- Plans for what could be an instant state-run numbers game hit a snag Wednesday as an attorney for the state's largest tribe warned lawmakers it would blow up a decades-old agreement.

01/16/2018
Arizona Court of Appeals Update: Real Estate Options Without Key Terms Will Not Be Enforced

An option to purchase is often part of a lease contract.  But beware: if an option lacks key terms, the courts in Arizona will likely not enforce it.  At least that was the key takeaway in a recent Arizona Court of Appeals decision, which held that specific performance of an option was unavailable where that option’s express terms were vague and incomplete.

01/11/2018
Perfecting a Mechanic's Lien in Nevada

The Nevada Revised Statutes set forth the scope and requirements for perfecting a mechanics’ lien. A “construction lien” is a statutory lien in favor of contractors, materialmen and others to secure payment of labor rendered and services provided. A “construction lien” is also known as a “mechanics’ lien,” “materialman’s lien,” “subcontractor’s lien” and various other names. The Nevada statutory scheme, Chapter 108, refers to these liens as “mechanics’ liens.”

01/02/2018
Does the Experimental Use Exception in Patent Law Have a Future?

The experimental use exception, part of U.S. patent law for nearly two centuries, is becoming obsolete. Recent court decisions and changes under the America Invents Act (AIA)1 have raised doubts about the continued viability of the doctrine.

01/01/2018
Third-Party Payments to Estate Professionals: Avoiding the Traps

Many debtors who need chapter 11 relief inevitably lack the cash to file a case, but for those lawyers who are unable to contribute their time pro bono, getting paid is important. In addition to the debtor’s assets or income, a distressed chapter 11 debtor might have third-party sources for payment to debtor’s counsel. There are at least three hurdles or traps involving third-party sources of payment, however: disclosure of third-party payment, court approval of employment where payment will be made from a third party, and court approval of payment by a nondebtor third party.

12/04/2017
Making Your Passion Your Paycheck: Legal Issues for Entrepreneurs in the Outdoor Industry

Marla Hudgens, Partner, and Holly Logue, Of Counsel, recently presented a webinar in collaboration with the Outdoor Industry Association on the most common legal issues facing start-up companies in the sports and outdoor recreation industry space.

12/01/2017
Non-Party Responses to Preservation Demands

Federal Rule of Civil Procedure (FRCP) 45 sets out the rules that parties must follow when issuing or responding to a subpoena in federal litigation. Yet non-parties are increasingly being asked to preserve potentially relevant electronically stored information (ESI) before a complaint has been filed or a subpoena has been served. To help these non-parties determine the best course of action and narrow their preservation obligations, counsel should be familiar with the FRCP 45 framework and common objections to non-party preservation demands.

11/28/2017
Supreme Court Case Could Have Huge Impact On Challenging Patents

On November 27, 2017, the U.S. Supreme Court heard oral argument in Oil States Energy Services LLC v. Greene’s Energy Group, LLC, a case examining the constitutionality of inter partes review proceedings before the United States Patent and Trademark Office (“PTO”).

11/14/2017
Nevada Opens Its Doors - US State Becomes More Accessible for Manufacturers of Gaming Devices and Content With Assembly Bill 75

Manufactures of traditional gaming devices and, more recently, skill-based content, have often been deterred from showcasing their products in the US state of Nevada because of the state's arduous barriers to entry.

11/06/2017
Article III and Class Certification

When seeking or opposing class certification, most of us begin and end our analysis under the Rule 23 framework. This is hardly surprising; after all, Rule 23 governs the certification process. The problem, however, is that focusing on Rule 23 can sometimes blind attorneys to critical constitutional doctrines often at play during certification proceedings.

11/01/2017
DMCA Amendment Affecting Designated Agent Requires Registration By December 31, 2017

The Digital Millennium Copyright Act (“DMCA”), among other things, provides a safe harbor from copyright infringement liability for online service providers and website owners that allow third parties to post content onto or through their websites or other online platforms.

 

10/30/2017
Increased Legalization of Marijuana Could Impact Fight Over Trademarks

It has long been a practice in the marijuana edibles industry to infringe well established brands, particularly those that operate in the snack food marketplace. A recent example of this type of knockoff product practice is TRAPATIO which clearly infringes the TAPATIO trademarks:

10/19/2017
Public vs. Private: Advantages, Disadvantages and Trends in Raising Capital

The closing concludes and a company suddenly has $50 million in cash in its bank account from the sale of its stock. Champagne corks are popped and celebration ensues for a brief period. “Going public” is an exciting event for all involved and may provide many advantages to the company’s operations. However, being a public company has certain disadvantages that should also be considered.

10/18/2017
California Bans Employers From Asking About Salary History Information

Beginning January 1, 2018, California employers will no longer be able to ask prospective applicants about their salary history under a new law (A.B. 168) Governor Jerry Brown signed last Thursday, October 12th.

09/26/2017
Does Your Fair Credit Reporting Act Disclosure Form Contain a Liability Waiver?

In a case of first impression, the Ninth Circuit held in Syed v. M-I, LLC that an employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant’s consumer report after including a liability waiver in the disclosure form mandated by the FCRA. The Court also held that including a liability waiver in the disclosure form amounts to a willful violation of the FCRA, thereby subjecting the employer to statutory damages, punitive damages, attorneys’ fees and costs.

10/11/2017
Five areas to address in distribution agreements

Distribution partnerships, like marriages, are entered into during a period of optimism and excitement. You make a great product and found the right partner to help take it to market. It’s a relationship that will last a lifetime, right? Maybe. 

09/19/2017
Internet Gaming Legislation in Michigan

On September 12, 2017, House Bill 4926 (“HB 4926”) was introduced into the Michigan legislature by Representatives Iden, Crawford, Kosowski and Kesto. The bill seeks to legalize internet gaming, and impose taxes and fees on internet gaming operators. HB 4926 includes language that would give state regulators up to one year to promulgate rules and regulations that would cover the licensing and operation of online gaming sites. 

09/13/2017
Battle for Bucks-Chapter 7 Trustee Lawsuits Against Noncreditors of Family-Owned Businesses

These issues are not easy to resolve and involve lots of negotiation, interviews, forced mediation, discovery, expert testi¬mony and, sometimes, a trial. “Bucks” are hard to come by in chapter 7, and creditors are facing newer — and more aggressive — forms of fraud­ulent-transfer actions.

09/06/2017
Websites and Apps: the New ADA Lawsuit Frontier?

What are businesses’ obligations to make websites and mobile applications accessible to individuals with disabilities? Business owners and operators may want to pay close attention to these developments to ensure their businesses comply with their obligations and avoid liability.

08/30/2017
Employers Must Use Revised Form I-9 Beginning September 18, 2017

The U.S. Citizenship and Immigration Services has released a revised version of Form I-9. The form is used to verify the identity and employment authorization for each individual hired for employment in the U.S. All U.S. employers must complete a Form I-9 for every individual hired. Employers should be aware that the revised form must be used beginning Sept. 18, 2017.

08/07/2017
Report of the Massachusetts Special Commission on Online Gaming

Section 137 of Chapter 219 of the Acts of 2016 created a special commission to investigate, study, and make recommendations on the issue of online gaming and daily fantasy sports (the “Special Commission”). The nine member Special Commission convened for the first time on October 31, 2016, and held six meetings where they heard testimony from the public and industry experts.  Witnesses read from prepared testimony and answered questions from the commission members.

08/03/2017
Wall Street Main Street: DAO offerings are DOA

It should be noted that The DAO is only tangentially connected to virtual currency such as “Bitcoins” and “Ether.” The DAO (“Decentralized Autonomous Organization”) is an Internet-based “Thing.” To get involved in the Thing, one must transfer to it a bunch of virtual currency Ethers. The trick here is that to obtain these virtual Ethers, one must pay money or money’s worth to someone else who has them to sell.

07/27/2017
September 1st Marks New Era for Developers and Lenders in the Colorado Residential Condominium Market

Over the past several years (and during the last residential real estate boom), certain Colorado laws have proven to favor the position of condominium boards over that of developers in disputes over construction defects. As a result many residential developers have not participated in the condominium market during this time. As of September 1, 2017, however, the balance of power is shifting and lenders and developers should take notice of the new, more favorable environment.

06/30/2017
Leveling the Playing Field for FINRA Rule 12206 Eligibility Motions

The U.S. Supreme Court’s decision in CalPers v. ANZ Securities, Inc. provides compelling new support for a respondent arguing an eligibility motion before a FINRA arbitration panel. With the weight of the Court on their side, broker-dealers may have their own opportunity to level the playing field.

06/26/2017
Supreme Court rulings limit where a corporation may be sued

The concept of “home” has attracted significant attention from the U.S. Supreme Court, limiting the locations where a corporation can be sued. These decisions will be helpful to local corporations finding themselves defending large lawsuits filed far from home, and in jurisdictions hand-picked by plaintiffs that are known to be plaintiff-friendly.

06/24/2017
Employers must comply with paid sick time law by July 1

If you have not yet put a plan in place to comply with Arizona’s new paid sick time law, you only have a few days remaining to do so, and the consequences for not doing so can be steep.

06/21/2017
Ten Days Left to Comply with New Paid Sick Leave Law Affecting All Arizona Employers

If you have not yet put a plan in place to comply with Arizona’s new paid sick leave law, you only have a few days remaining to do so, and the consequences for not doing so can be steep. The potential penalties for failing to comply with the law include:

06/21/2017
Supreme Court Holds "Church Plan" Need Not Be Established by a Church

Generally speaking, employee benefits are subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq. (ERISA). Various types of employee benefit plans, however, are exempt from ERISA. One of ERISA’s exemptions is for “church plans.”

06/20/2017
Nevada Non-Compete Law Changes Again After Passage Of AB 276

Assembly Bill 276 (AB 276) significantly changes Nevada’s law on restrictive covenants of non-competition. 

06/02/2017
"Prevailing Party" Clarified by Arizona Supreme Court

Arizona is one of very few jurisdictions that has a statutory provision that allows a court to award reasonable attorneys’ fees to a party that prevails in an “action arising out of contract.” Until now, however the has been an open issue regarding the "prevailing party" language.

05/16/2017
Why A "Mundane" Online Promotion May Have Not So Mundane Gambling Consequences

Unequivocally, the Internet and social media have become the most efficient mediums operators use in order to disseminate information and sell their products/services, connect with their customers and strengthen their brand. With this availability and convenience, also comes numerous opportunities to run afoul of the law

05/11/2017
Arizona Supreme Court Holds Construction-Related Statute of Repose Applies to Public Entities and Bars Claim

Arizona Revised Statutes (A.R.S.) § 12-552, also known as the Statute of Repose, requires a party to bring a contract action relating to the design, engineering, or construction of improvements to real property within eight years of substantial completion of the work (or nine years if the claim involves latent defects discovered in the eighth year after substantial completion). The statute requires the claim to be brought within this time period even if the claim arose long after project completion. Put more simply, Arizona law imposes a strict deadline of either eight or nine years on the assertion of contract-based claims arising out of construction projects.

05/08/2017
New Paid Sick Leave Law Affecting All Arizona Employers To Take Effect July 1, 2017

If you have not already done so, it is time to start putting a plan in place for compliance with Arizona’s new paid sick leave law.  Among other penalties, an employer who fails to provide paid sick time as required can be found liable for triple damages.  By July 1, 2017, all businesses with employees in the State of Arizona must be in compliance, including augmenting payroll practices to ensure complete and accurate reporting of accrued sick leave on pay stubs, preparation of required notices to employees, and updating policies and procedures. 

04/14/2017
Swiss-U.S. Privacy Shield Framework is Open for Business

On April 12, 2017, U.S. Secretary of Commerce Wilbur Ross announced that the newly launched Swiss-U.S. Privacy Shield Framework (Swiss Privacy Shield) is now accepting self-certifications.

04/19/2012
03/10/2011
06/15/2008
05/15/2008
02/15/2008
01/01/2008
01/01/2004