Publications

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.

06/24/2017
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.”

06/21/2017
Arizona employers must comply with new 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 leave law, you only have a few days remaining to do so, and the consequences for not doing so can be steep. 

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.

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