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Legal Articles: Snell & Wilmer L.L.P.

 







Document(s) published by this organization: 22


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HTMLArizona Contractors Confront Cardinal Change
Cindy K. Schmidt; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
The “cardinal change doctrine” is a legal theory pursuant to which a contractor who is presented excessive, cumulative or otherwise material contract change orders has the right to terminate the contract and/or recover damages from the owner. The basic concept is that if the owner (i)...

 

HTMLJoint Employers Under NLRB Law
Gerard Morales; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 26, 2014
Over the last few weeks, there has been a great deal of discussion in the legal media regarding the National Labor Relations Board (NLRB or Board) General Counsel’s (GC) argument to the Board, that McDonald’s USA, LLC, as franchisor, is a “joint employer” of its...

 

HTMLGovernment Contracting, the False Claims Act and the Art of Voluntary Disclosures
Brett W. Johnson; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
With the end of the high levels of government contract spending during the Great Recession and the advent of sequestration and budget cuts, government contractors are competing for fewer and fewer opportunities. As this is occurring, government contracting officers, inspector generals, third-party...

 

HTMLArizona Supreme Court to Contractor: Sorry, but Equitable Subrogation Trumps Mechanics’ Lien Rights
Richard G. Erickson; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
The smoke has finally cleared in a hard and long-fought battle between lenders and owners on one side and the general contractor (Weitz Company, L.L.C., from here on referred to as Weitz) on the other side claiming priority on a Phoenix condominium project. The project, well-known as Summit at...

 

HTMLA Reminder About the Dangers of Employee Misclassification
Ashley T. Kasarjian; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
The Ninth Circuit provided a clear reminder to companies to ensure that employees are not misclassified as independent contractors. In Alexander v. FedEx Ground, a group of full-time delivery drivers from FedEx challenged their status as independent contractors, asserting claims for employment...

 

HTMLGrappling With Incoherent Export Controls and the Art of Voluntary Disclosures
Brett W. Johnson; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on October 2014
United States industries have long complained about overbearing, difficult to understand and contradictory export control regulations. Many of the complaints are substantiated due to the multiple U.S. governmental agencies involved in export (and import) controls and the constant changes related to...

 

HTMLThe Fallacy of Union Benefit Trust Fund Lawsuits against Nevada Owners: A Call for Change
Leon F. Mead; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
One consequence of the Great Recession in Nevada is the unfortunate demise of many contractors and subcontractors. Both union and non-union contractors have gone out of business due to the lack of available projects. Unfortunately, a contractor going out of business will occasionally leave some...

 

HTMLNew Arizona Physician Fingerprinting Requirements for Renewal and Initial License Applications
Ahron D. Cohen; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 18, 2014
As of September 2, 2014, physicians in Arizona applying for initial medical licenses or renewing their medical licenses are required to submit a fingerprint card along with the application to the Arizona Medical Board in order to better allow the Arizona Medical Board to conduct criminal records...

 

HTMLE-Discovery - Nevada U.S. District Court's Special Master's Report and Recommendations: Failure to Preserve ESI, Litigation Holds
John S. Delikanakis; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on October 7, 2014
Small v. University Medical Center of Southern Nevada arises out of an employment law dispute. The court appointed a special master who found that the defendant medical center failed to preserve a considerable body of evidence due to its failure to properly issue and maintain a litigation hold.

 

HTMLWhen Did You Last Amend Your Section 125 Cafeteria or Flexible Benefit Plan? Now May Be A Good Time to Dust It Off and Update It
Nancy K. Campbell; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 23, 2014
Section 125 Plans, which are commonly referred to as either cafeteria plans or flexible benefit plans, are much loved, and needed, if you want to allow employees to pay health insurance and other premiums on a pre-tax basis. Unfortunately, they are often ignored and not updated as routinely as they...

 


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