Snell & Wilmer (JD Supra United States)

2169 results for Snell & Wilmer (JD Supra United States)

  • U.S. Supreme Court Issues Unanimous Decision Supporting Tribal Sovereignty Rights

    On June 1, in a landmark case, the U.S. Supreme Court declared unanimously that tribal police officers have the authority to temporarily detain and search non-Natives on public rights-of-way through Indian lands if they are suspected of violating federal or state law. This ruling is significant for Indian Country as it solidifies rights by tribes to exercise their sovereignty while removing...

  • Supreme Court Narrows Scope of the Computer Fraud and Abuse Act

    In a highly anticipated ruling, on June 3, 2021, the U.S. Supreme Court narrowed the scope of the Computer Fraud and Abuse Act’s (“CFAA”) application in Van Buren v. United States. The CFAA prohibits computer hacking and provides for severe criminal penalties when an individual “intentionally accesses a computer without authorization or exceeds [his or her] authorized access.” It was enacted in 1

  • White House Issues Open Letter to Corporate and Business Leaders Highlighting Ransomware Threat

    Following a series of high-profile ransomware attacks – where an organized criminal group or nation-state actor encrypts a company’s network and data and threatens to expose or delete it unless the company pays ransom – Deputy National Security Advisor for Cyber and Emerging Technology Anne Neuberger released an open letter (“Letter”) to corporate and business leaders nationwide calling on...

  • Ironing Out the Wrinkles – IRS Answers 86 Questions About COBRA Relief Under the American Rescue Plan Act

    The American Rescue Plan Act (“ARPA”) has been the law of the land since March 11, 2021. Even so, many questions remained unanswered with respect to ARPA’s impact on group health plans. To resolve some of the lingering uncertainty, the IRS published Notice 2021-31 (the “Notice”), which is summarized, in part, below.

  • Hunstein v. Preferred Collection & Mgmt. Servs., Inc. – Debt Collector Looks to Rehearing for Relief in Landmark Eleventh Circuit Decision

    “A may not share information about B with C.” In response to this simple yet dramatic holding at the heart of an Eleventh Circuit case of first impression regarding the Fair Debt Collections Practices Act (FDCPA), appellant Preferred Collection & Management Services, Inc. (Preferred) petitioned for rehearing and en banc review yesterday. Interested parties have seven days to submit supporting...

  • The Secure Notarization Act Is Reintroduced in the U.S. Senate Seeking a National Standard for Remote Online Notarization

    Since at least 2000, state and federal legislatures have grappled with creating effective, and secure, methods for document authentication while still utilizing the increasing number of technological advancements created during this time. The demand for one such advancement, Remote Online Notarization (“RON”), became increasingly prevalent during the COVID-19 pandemic, when most of the United...

  • Face Coverings and Social Distancing Remain a Reality for California Businesses After Cal/OSHA Delays Vote

    On May 13, 2021, the Centers for Disease Control and Prevention (CDC) made an unexpected change in its guidance for fully vaccinated people as to the use of face coverings and physical distancing.  The announcement that “Fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where required by federal, state, local, tribal or territorial laws, rules and

  • White House Issues Executive Order on Improving Nation’s Cybersecurity

    Last week, the White House issued a new Executive Order (the “EO” or “Order”) on cybersecurity. The EO responds to ever-increasing malicious cyber campaigns threatening the public and private sectors and the American people’s security and privacy. The EO asserts the necessity of “bold changes” in order to defend these institutions. While the Order focuses on federal governmental agencies and...

  • “I’ll Take Mine To Go Please”

    Pummeled by the pandemic, but still standing, Arizona’s hospitality industry received a legislative boost on Monday, May 17, 2021, when the state legislature passed HB 2773, allowing Arizona restaurants and bars to sell alcohol to go. The bill essentially codifies Governor Ducey’s executive actions via Executive Order 2020-09 taken at the onset of the pandemic last spring, which allowed...

  • Expungement of Convictions Set to Begin in Arizona, Albeit Under Limited Circumstances

    Most Arizonans are familiar with Proposition 207 (the “Smart and Safe Arizona Act”), passed in 2021, because it legalized adult use of marijuana. However, another important, but less publicized provision of Prop 207 was a new addition to the Arizona Revised Statutes, A.R.S. § 36-2862 – which expunges prior convictions involving marijuana.

  • Arizona Governor Seeks PFAS Assistance from Feds

    On April 27, 2021 Governor Doug Ducey sent a letter to Secretary of Defense Lloyd Austin requesting the Department of Defense (DOD) identify and treat water in Arizona contaminated in the areas surrounding four defense installations and prevent additional human exposure to per- and polyfluoroalkyl substances (PFAS) from other DOD facilities in Arizona. The four installations with known impacts

  • Protected Activity or Disloyalty

    In a recent case, the National Labor Relations Board (NLRB) Division of Advice addressed the question of whether a grocery store employee posting, on his personal Facebook and Instagram accounts, constituted protected activity for which the employee could not be disciplined without violating the NLRA (National Labor Relations Act – the Act). Because this issue comes up with frequency, employers...

  • State of Washington Adopts Tax Increment Financing—What Governments and Developers Should Know

    After years of discussion, the State of Washington has finally adopted a comprehensive tax increment financing law permitting local governments to create “increment areas” and use tax increment financing to fund public improvements with the revenues used to support general obligation or revenue debt. House Bill 1189 (“HB 1189”) was signed into law by Governor Inslee May 10 after substantial...

  • Arizona Expands Telehealth Law, Making it Broadest in the Nation

    On May 5, 2021, Governor Ducey signed H.B. 2454, legislation which dramatically expands access to telehealth services in Arizona. The legislation—the most expansive in the country—makes telemedicine a permanent fixture of Arizona’s healthcare system. Telehealth has been instrumental in ensuring that Arizonans receive care during the public health emergency (PHE)...

  • Kentucky Derby Winning Trainer Avoids Filing Temporary Restraining Order Challenging Due Process Violation

    Bob Baffert, the trainer of this year’s Kentucky Derby winner Medina Spirit, announced on May 9, 2021, that the Kentucky Horse Racing Commission informed him that Medina Spirit allegedly tested positive for 21 picograms of betamethasone. The drug, a corticosteroid, is a permissible therapeutic medication, but the Kentucky Horse Racing Commission withdrawal guidelines require intra-articular...

  • Affinity Groups and Labor Laws

    “Major American businesses have made clear that the skills needed in today’s increasingly global marketplace can only be developed through exposure to widely diverse people, cultures, ideas, and viewpoints.” Grutter v. Bollinger, 539 U.S. 06, 30 (2003). A. Benefits of Affinity Groups - Affinity Groups, also known as Employee Resource Groups (“ERGs”) and diversity, equity, and inclusion

  • E-Commerce Marketplace Liablity

    Can an e-commerce marketplace be liable in a chain of distribution for injury caused by a defective product sold by a third party? This week, the California Court of Appeal, Second District, in Loomis v. Amazon.com LLC, 2021 WL 1608878, held that yes, Amazon.com LLC (“Amazon”), the online marketplace, may be strictly liable for injuries caused by a defective hoverboard sold by one of Amazon’s...

  • Arizona Court of Appeals Holds State and Local Property Taxes Assessed Against Permanent Improvements Located on Leased Trust Land Are Preempted

    In a decision that impacts entities and individuals doing business in Indian Country, the Arizona Court of Appeals sided with the Taxpayer in its challenge to the state and county’s power to tax property on tribal land in the case South Point Energy Center, LLC v. Arizona Department of Revenue, decided on April 27, 2021. The Taxpayer in this case is a non-Indian entity that owns and...

  • 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 Appropriations Act, 2021 (the “CAA”) under the Mental Health Parity and Addiction Equity Act of 2008 (“MHPAEA”). FAQ 45 reiterates that the new reporting requirements are...

  • 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 deadlock between co-managers of a Delaware limited liability company, EOS Investor Holding Company LLC (“Holdco”) and the resultant dissolution of that company.

  • Department of Interior Memorandum Removes Bar to Secretary’s Land Into Trust Authority in Alaska

    Last week, the Department of the Interior issued Memorandum M-37069 regarding the Secretary of the Interior’s land into trust authority in Alaska, in keeping with the current administration’s expressed priority of recognizing Tribal sovereignty and self-governance. The memorandum, authored by the principal deputy solicitor, withdrew another memorandum (M-37064), which was issued on the last day...

  • Secretary of Interior Decentralizes Processing of Requests for Non-Gaming Off-Reservation Fee-to-Trust Land Acquisitions

    The Secretary of the Interior issued Order Number 3400 on April 27, concerning the delegation of authority for non-gaming fee-to-trust land acquisitions concerning off-reservation Tribal lands. The Department of Interior (“DOI”) issued a press release the same day regarding the Order, stating: “Taking land into trust is one of the most important functions Interior undertakes on behalf of...

  • Federal Lawsuit Joins Another Challenging the Constitutionality of Horseracing Integrity and Safety Act

    A new federal lawsuit filed earlier this week challenges the Horseracing Integrity and Safety Act (“Act”), which was a bi-partisan bill, enacted on December 27, 2020. 15 U.S.C.A. § 3051, et seq (West). The Act establishes the Horseracing Integrity and Safety Authority as a “private, independent, self-regulatory, nonprofit corporation” to develop and implement a horseracing program for...

  • ESG and Human Capital Reporting: Contemplating Diversity Disclosures

    Institutional investors and other stakeholders are seeking better information from public companies on workforce diversity. Company executives and boards are discussing how and what to disclose, and many observers believe the SEC will mandate further disclosures. Auditors are even mapping out attestation services for ESG reporting. But when it comes to disclosing Human Capital information,...

  • New Mexico Check-Up: Paid Sick Leave Coming 2022

    Beginning July 1, 2022, New Mexico will require private employers to provide up to 64 paid sick leave hours to their employees each year. The Healthy Workplaces Act (“HWA”) was signed by Governor Michelle Lujan Grisham on April 8, 2021 and brings New Mexico alongside 15 other states with paid sick time laws. Notably, the state-wide law follows Bernalillo County Ordinance 2019-17, which mandates...

  • Cryptocurrency: Tombstones on the Road to Regulatory Clarity

    In the intersection of financial markets and the internet, sometimes it seems like the only certainty in the year of cryptocurrency and “meme stocks,” like GameStop and AMC, is the continuing legal haze of cryptocurrencies. In 2019, the SEC’s FinHub released a Framework for ‘Investment Contract’ Analysis of Digital Assets (“Framework”). However, far from illuminating the path to regulatory...

  • Governor Ducey Signs Executive Order 2021-09 Banning Use of Vaccine Passports in Arizona

    On Monday April 19, 2021, Arizona Governor Doug Ducey signed Executive Order 2021-09 banning vaccine passports in Arizona—also known as digital health passports (“DHPs”). The Executive Order (“EO”) prevents local governments, defined as “any state agency, county, city, town or other political subdivision” from compelling Arizonans to disclose their COVID-19 vaccine status as a condition of entry...

  • Arizona Legislation Expands Gaming to Include Sports Betting, Fantasy Sports, Keno, and Mobile Lottery Games

    On April 15, Governor Ducey signed into law the greatest expansion of the Arizona gaming landscape in nearly two decades. The new law, along with amended Tribal-State Gaming Compacts, legalizes event wagering (sports betting), daily fantasy sports contests, keno games, both on and off reservations in the State, as well as a statewide mobile lottery draw game. The gambling expansion bill will...

  • Utah Owners Cannot Simply Rely on Construction Lien Registry Search Results to Find Valid Preliminary Notices

    In December 2020, the Utah Court of Appeals found that, because a contractor’s preliminary notice contained the statutorily required information, although in unconventional order, the notice was valid. In Zion Village Resort, Pro Landscape U.S.A. performed work on a condominium development and filed preliminary notices with the Utah State Construction Registry pursuant to the state...

  • 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. RSUI Indemnity Company v. Murdock, 2021 WL 803867 (Del. March 4, 2021). The court also held that Delaware law governs a coverage dispute under a directors and officers...

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