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

 







Document(s) published by this organization: 22


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HTMLIs the Spearin Doctrine Still a Contractor’s Shield if the Contractor Followed the Plans and Specifications?
Richard G. Erickson; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
United States v. Spearin, 248 U.S. 132, 39 S.Ct. 59 (1918) is almost 100 years old, and it is still one of the most oft-cited cases in a construction lawyer’s playbook. In numerous contested cases, Spearin has given contractors a way to avoid liability for construction defects arising from...

 

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...

 

HTMLReinsurance Program Requires Self-Insured Health Plans to File Enrollment Data by November 15 and Pay Fee Later
Nick J. Welle; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on Octobeir 10, 2014
The Health Care Reform Act established a transitional reinsurance program in an attempt to stabilize premium prices for health insurance plans in the individual market. Because the Health Care Reform Act prohibits insurers from denying coverage based on pre-existing medical conditions, there were...

 

HTMLHIPAA Requires Many Health Plans to Obtain a Health Plan Identifier by November 5, 2014
Marvin S. ("Bucky") Swift, Nick J. Welle; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on October 1, 2014
On September 5, 2012, the Department of Health and Human Services (HHS) issued final regulations adopting a standard for a national unique “health plan identifier” (HPID) and providing rules for implementing the HPID. Health plans are currently identified by several different number...

 

HTMLDrafting Contracts to Minimize or Avoid Claims
Jason Ebe; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
Many claims that arise in design and construction may be mitigated or avoided as a result of prudent contract drafting at the outset of the project. This article provides practical tips for drafting contracts to minimize or avoid claims. These tips are applicable to design and construction...

 

HTMLLenders Beware: the Nevada Supreme Court Holds That Foreclosures of Homeowners’ Association Liens May Extinguish First Priority Deeds of Trust
Bob L. Olson; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 26, 2014
Nevada has adopted the Uniform Common Interest Ownership Act of 1982 (the “Act”) which governs homeowners’ associations (“HOA”).

 

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...

 

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...

 

HTMLSummary of California’s Prompt Payment Laws
Colin R. Higgins, Jeffrey M. Singletary; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
The California legislature has enacted a comprehensive series of prompt payment statutes that are designed to ensure the prompt payment of progress payments and retention payments to downstream contractors by imposing harsh monetary penalties for any violations of the statutory scheme. Determining...

 

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...

 


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