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

 







Document(s) published by this organization: 22


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HTMLImportant Reminder About the Risk of Unexpected FMLA Liability
Kathryn Hackett King, Jennifer R. Phillips; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on October 2014
The Family and Medical Leave Act (FMLA) provides “eligible employees” who work for “covered employers” with up to 12 (in some cases 26) workweeks of unpaid, job-protected leave per year. A “covered employer” includes a private employer that employs 50 or more...

 

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...

 

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.

 

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”).

 

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...

 

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...

 

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...

 

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)...

 

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...

 

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...

 


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