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Latest from Snell & Wilmer

On January 14, 2021, the California Supreme Court ruled in Vazquez et al. v. Jan-Pro Franchising International, Case no. S258191, that the Dynamex ABC Test, which makes it harder for companies to classify workers as independent contractors, applies retroactively, thus making businesses potentially liable for lawsuits filed years before the ABC Test existed. Click here to continue reading.…
by John W. Andrews The omnibus appropriations legislation passed by Congress in December 2020 contained notable bipartisan energy initiatives, including extension of tax incentives for renewable energy development, energy efficiency, and energy storage.  In light of Congress’ strong interest in addressing climate change, the energy package also focused on the capture of carbon dioxide from industry and power generation, and potential long-term carbon storage through geologic sequestration and other means.  These provisions included extension of…
A complaint filed in Massachusetts federal court earlier this week highlights a blind spot for many employers. When thinking about parental leave issues, employers often focus on their women. But men have the same rights as women when it comes to taking time off after the birth or placement of a child, or to care for a child with a serious health condition. The federal Family and Medical Leave Act (FMLA) states that an “eligible…
By: David G. Barker and Emily R. Parker Last Friday, the U.S. Supreme Court granted certiorari in Minerva Surgical v. Hologic, thereby agreeing to resolve a long-running debate on patent law’s doctrine of assignor estoppel. Minerva Surgical has asked the Court to abolish the doctrine, which bars inventors who sell their patent rights from challenging the patent’s validity in district court. The inventor in this case, Csaba Truckai, co-founded a company called NovaCept and…
by Kelly A. Daly On December 28, 2020, the FAA released the Remote Identification of Unmanned Aircraft Final Rule. This long-awaited Remote ID rule, identified as the next incremental step to integrating drones into the National Airspace System, requires the broadcasting of drone information that is crucial for airspace awareness, accountability, safety and security. Drone operators will have three options for complying with this rulemaking. The first contemplates a self-contained, standard Remote ID drone that…
Last month, we reported that Moderna was seeking FDA authorization for its COVID-19 vaccine and reminded readers about the immunization coverage requirements in Section 3202 of the CARES Act in our SW Benefits Blog, “Free COVID-19 Vaccine and Testing Update.”  As of the date of this blog, the Moderna and Pfizer-BioNTech COVID-19 vaccines have been approved and group health plans must act quickly to meet the requirements of the CARES Act. On October…
by Patrick J. Paul As the page is turned on 2020 and some hope exists with respect to a COVID-19 vaccine, Arizona finds itself with the dubious distinction of leading the nation in COVID-19 cases per 100,000.  Against this regrettable backdrop, Governor Ducey earlier today announced $500,000 in funding to support a wastewater testing pilot project to provide early detection of COVID-19 throughout Yuma County. The pilot project is a partnership with Yuma County Public…
By Patrick Paul On January 5, 2021, Governor Ducey announced the allocation of $2 million in additional funding to assist local restaurants and other dining establishments expand outdoor dining, protect patrons and staff, and limit the spread of COVID-19. Consistent with Executive Order 2020-60 authorizing the Arizona Department of Liquor Licenses and Control (DLLC) to accept and review requests by liquor licensees seeking to temporarily extend their premises outdoors to mitigate against the spread of…
2020 brought employment law practitioners several federal court decisions that proved to be interesting, instructive and, at times, entertaining. Some decisions were victories for employees, and others were victories for employers. No matter the outcome, however, all the opinions continue to shape the employment landscape. Here are summaries of nine of these key cases, along with “Practical Takeaways.”…
by Patrick J. Paul On December 18, 2020, EPA issued interim guidance (available here and here) designed to protect the public from exposure to emerging chemicals of concern.  More particularly, that interim guidance outlines the current state of science on techniques and treatments that can be employed to destroy and dispose of certain PFAS and PFAS-containing materials, including aqueous film-forming foam for firefighting.  Pursuant to the National Defense Authorization Act for Fiscal Year 2020 (FY20…