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Latest from Snell & Wilmer

This year is off to a fast start and plan sponsors might find their heads spinning as they try to keep track of rapidly developing employee benefits legislation and guidance.  We periodically consolidate key newsletters and blog posts to help our readers stay organized and catch up on anything they might have missed in the mayhem.  Below, please find links to several SW Benefits Updates and blog posts covering critical developments in the employee benefits…
by Denise A. Dragoo During the recent General Session, the Utah Legislature enacted several major energy bills which confirm the State’s continued investment in, and support of, both conventional and renewable energy sources. The Legislature consistently chose to promote “all of the above” as the energy mix for a more reliable electric grid. Following austerity measures taken in response to the COVID-19 pandemic during six special sessions in 2020, the Legislature found itself with a…
By: Emily R. Parker and Jacob C. Jones On Monday, the U.S. Supreme Court sided with Google in a long-running, multibillion-dollar copyright lawsuit filed by Oracle over certain portions of software code used in Google’s Android operating system (Android OS). After more than a decade of litigation, the Court ruled that Google made fair use of Oracle’s software code in developing Android OS, freeing Google of copyright liability. In 2007, Google created Android OS for…
On March 31, 2021, Peter Sung Ohr, Acting General Counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a Memorandum (GC 21-03) to all NLRB Regional Offices outlining his perspective regarding the prosecution of charges involving whether certain employee conduct constitutes protected, concerted activities.  The GC Memorandum is of significance to all employers because of the breadth of the concept of what constitutes protected, concerted activity expressed by the GC, as the…
by Michael W. Patten The local economies of many communities in the southwest are tied to the operations of large coal-fired power plants.  As those plants start closing, the communities can face significant disruption in their local economies through loss of jobs, tax revenues and other impacts.  How to address those impacts involves both federal and states issues, multiple states, many different governmental entities and a variety of non-governmental stakeholders. Some activity to address the…
by Michael C. Ford Changes are on the way for ASTM’s Phase I Environmental Site Assessment (“Phase I”) standard, the almost 30-year-old lynchpin of the transactional due diligence process.  The American Society for Testing and Materials (“ASTM”) – the group that publishes the Phase I standards under the designation “ASTM E 1527” – regularly reviews and updates its standards.  The current iteration – ASTM E1527-2013 – was first published in 1993, and was amended in…
By: Tony Carucci California Civil Code section 1717 entitles the prevailing party to attorneys’ fees “[i]n any action on a contract,” where the contract provides for an award of attorneys’ fees to the prevailing party, regardless of whether the prevailing party is the party specified in the contract or not. But what about an action that alleges tort causes of action against an alter ego of a contracting party but that does not include a…