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Materials are published periodically by Fennemore Craig for the information of clients and friends of the firm. These should not be taken or construed as legal advice or opinion on specific facts or circumstances. Receipt of these published materials does not establish or indicate an attorney-client relationship with Fennemore Craig. If you would like additional information on topics addressed in these materials, or in any other article included on this web site, please contact your Fennemore Craig attorney, or the attorney author noted in the article.

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Featured Updates

New European Patent Office (EPO) Rule Changes
Mar 05, 2010

Business & Finance

Business and Finance Update: Prepare now for the economic recovery
Jul 27, 2009

Business and Finance Update:FTC Identity theft
Jun 04, 2009

Considerations When Buying or Selling a Business
Mar 03, 2009
Description: Despite the general state of the economy, now may be a good time to buy or sell a business. The following is a summary of issues to consider prior to embarking on an acquisition or sale of a business.

Commercial Litigation

Campaign Finance Developments
Feb 02, 2010
Description: The U.S. Supreme Court and an Arizona District Court both recently issued rulings in two campaign finance cases that will have enormous implications for the upcoming state and federal election cycle.

Litigation Update: Arizona Court of Appeals Addresses Who Can Be Liable for Alleged Securities Fraud
Oct 07, 2009

Litigation Update: November 6, 2008
Nov 06, 2008
Description: Arizona Supreme Court Rules on Contract Provisions Capping Damages Against Construction Professionals

Litigation Update: New Protections For The Inadvertent Disclosure Of Privileged Documents
Oct 22, 2008
Description: Up until now, serious concerns have existed regarding the inadvertent production of privileged documents. If a privileged document slipped into a massive document production, a risk existed that a cou

Litigation Update: Court Decision Provides Relief From Limitation of Liability Clauses
Feb 25, 2008

Equine Law

Equine Law Update: Protecting Intellectual Property in the Equine World
Feb 08, 2010
Description: Intellectual property is most simply defined as property that one cannot build a physical fence around. This type of property is often defined as a product of the mind which has commercial or other value. Examples of this type of property include literary or artistic works such as books, songs and software, as well as names, brands, symbols, trademarks and inventions.

Equine Law Update
Oct 15, 2009

Estate Planning

New Arizona Trust Code Changes Communication Requirements for Trustees
Dec 29, 2008
Description: Arizona has adopted a new Arizona Trust Code ("ATC") that takes effect January 1, 2009. This new code contains many significant changes to the laws governing Arizona trusts.

Intellectual Property

New European Patent Office (EPO) Rule Changes
Mar 05, 2010

Intellectual Property Update: Controversial Patent Rules Amendment Package Rescinded
Oct 12, 2009

Intellectual Property Update: June 11, 2009
Jun 11, 2009
Description: Supreme Court to Hear Business Method Patent Case

Intellectual Property Update: More News on the Patent Front...
Jun 17, 2008
Description: U.S. Supreme Court Decides Another Patent Case and Reverses the Federal Circuit

Intellectual Property Update: Patent Legislative and Regulatory Update
May 16, 2008
Description: Patent Reform Removed from Senate Calendar

Intellectual Property Update: USPTO Patent Rules Declared "Null and Void"
Apr 02, 2008

Labor & Employment

New Developments Prompt Need to Update Employee Handbooks
Mar 04, 2010

Immigration Update: Reminder: April 1st H-1B Filing Deadline Fast Approaching
Feb 18, 2010

Labor and Employment Update: EEOC Discrimination Claims Stay at Record High in 2009
Jan 15, 2010

Labor and Employment Update: COBRA Premium Assistance Extended
Jan 04, 2010

Labor and Employment: Genetic Information Nondiscrimination Act of 2008
Nov 24, 2009

Labor and Employment Update: New Law Expands FMLA Leave for Families of military Members
Nov 17, 2009

Immigration Update: Department of Homeland Security Increases Enforcement Directed at Employers
Oct 06, 2009

Labor and Employment Update: New Gun Law Impacts Property Owners and Businesses
Sep 28, 2009

Labor and Employment Update: Federal Government Issues Flu Guidance to Employers
Aug 31, 2009
Description: Labor and Employment Update: Federal Government Issues Flu Guidance to Employers

Immigration update: Federal Forms Update
Jul 01, 2009

Cobra Premium Assistance After the Stimulus Bill Update
Mar 23, 2009
Description: President Barack Obama signed the economic stimulus bill into law on Tuesday February 17, 2009. The bill contains premium assistance for COBRA qualified beneficiaries who are involuntarily terminated between September 1, 2008 and December 31, 2009. Employers that sponsor group health plans need to change their COBRA administration practices to comply with the new law.

Reminder: April 1st H-1B Filing Deadline Fast Approaching
Mar 04, 2009
Description: We remind you that April 1st will be the first day on which initial H-1B petitions can be filed for foreign national employees.

Labor and Employment Update: Cobra Premium Assistance After the Stimulus Bill
Feb 17, 2009
Description: President Barack Obama signed the economic stimulus bill into law on Tuesday February 17, 2009. The bill contains premium assistance for COBRA qualified beneficiaries who are involuntarily terminated between September 1, 2008 and December 31, 2009. Employers that sponsor group health plans need to change their COBRA administration practices to comply with the new law.

Immigration Update: The “No-Match” Regulation: Is It Back? Sort Of--
Feb 06, 2009
Description: DHS recently published a final rule, “Safe Harbor Procedures for Employers Who Receive a No-Match Letter,” confirming its guidance in the 2007 Proposed Rules regarding Social Security Administration (SSA) notices to employers listing non-matching social security numbers.

Labor and Employment Update: The Lilly Ledbetter
Feb 03, 2009
Description: On January 29, 2009, President Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009.

Labor and Employment Update - October 30, 2008
Oct 30, 2008
Description: Mandatory Voting Leave Requirements Election Day is Tuesday, November 4. While federal law protects the right to vote, it does little to ensure that working citizens are actually able to vote. For instance, no federal statute requires that employers permit employees time off from their normal work schedule to vote. November 1, 2008 Deadline For Employers And Other Users Of Consumer Reports To Enact Policies Regarding Address Discrepancies In Consumer Reports The Fair and Accurate Credit Transactions Act of 2003 (“FACTA”), amended the Fair Credit Report Act (“FCRA”), primarily to address consumer identity theft. The final Identity Theft Rules, published on November 9, 2007, impose duties: (1) on users of consumer reports regarding address discrepancies; (2) on financial institutions and creditors regarding the detection, prevention, and mitigation of identity theft (the “Red Flag Rule”); and (3) on debit or credit card issuers regarding changes of address. The deadline for compliance with the address discrepancies and change of address rules is November 1, 2008. The Federal Trade Commission recently extended the deadline to comply with the Red Flag Rule to May 1, 2009.

Immigration Update: Diversity Visa Lottery Starts!
Oct 02, 2008
Description: Each year the State Department makes a small amount of "green card" visas available pursuant to an electronic lottery process. Companies with foreign national employees may wish to make information ab

Labor and Employment Update: Arizona Industrial Commission Sets 2009 Minimum Wage
Oct 01, 2008
Description: On September 24, 2008, the Arizona Industrial Commission set Arizona’s minimum wage for 2009 at $7.25 per hour, effective January 1, 2009.

Labor and Employment Update: President Signs ADA Act Into Law
Sep 26, 2008
Description: On September 18, 2008, we advised you that the Senate passed the ADA Amendments Act of 2008 (“ADAAA”) on September 11th by unanimous consent. The House of Representatives approved the Senate’s version

Immigration Update: Extension of Status for Certain El Salvadorans
Sep 25, 2008

Labor and Employment Update: Senate Passes the ADA Amendments Act
Sep 18, 2008
Description: On September 11, the U.S. Senate unanimously passed the ADA Amendments Act of 2008 (“ADAAA”). The bill came only after compromise was reached by employer and business groups and disability rights gr

Immigration Update: The Ninth Circuit Upholds LAWA
Sep 18, 2008
Description: In a decision published on September 17, the U.S. Ninth Circuit Court of Appeals upheld the Legal Arizona Workers Act of 2007 (LAWA). Soon after LAWA was signed by Governor Napolitano in May of 2007,

Immigration Update: Surf or Turf? It’s a Good Time to Get That Passport
Sep 10, 2008
Description: If you were watching the Giants beat the Redskins in the NFL season opener, you may have seen the “America the Beautiful” ad campaign announced by the U.S. Customs & Border Protection agency. The ca

Labor and Employment Update: The Legal Arizona Workers Act, Updated
Aug 05, 2008
Description: On May 1, 2008, Governor Napolitano signed SB1374 into law, effective on the date signed. SB1374 clarified and added some new sections to the Legal Arizona Workers Act (“LAWA”) signed by the Governo

Immigration Update: More on the I-9 and E-Verify
Jul 02, 2008
Description: CHANGES IN THE I-9 FORM

Immigration Update: USCIS Announces Good News For Green Card Applicants; President Bush Adds E-Verify to Federal Contractor Requirements
Jun 18, 2008
Description: FINALLY: Two-Year Employment Authorization Documents!

Labor and Employment Update: Congress Passes the Genetic Information Nondiscrimination Act of 2008
Jun 17, 2008
Description: The Supreme Court Expands Employees' Ability to Bring Retaliation Claims - Genetic Information Nondiscrimination Act of 2008.

Labor and Employment Update: Is Your Business Ready For The Minimum Wage Increase In July?
May 28, 2008

Labor and Employment Update: Ninth Circuit Rules On Reduction In Force Case
Apr 09, 2008
Description: The recent opinion in Diaz v. Eagle Produce Limited Partnership serves as a reminder that layoffs are not as easy as many employers might think – especially in the Ninth Circuit.

Immigration Update: DHS Gives Students a Break!
Apr 08, 2008
Description: On April 4, 2008, the Department of Homeland Security released an interim final rule that will allow the extension of Optional Practical Training (OPT) for certain F-1 students. The rule was published

Labor and Employment Update: Are Your Employees Verified?
Mar 24, 2008

Immigration Update: Department of Homeland Security Announces An Increase In Civil Fines
Mar 07, 2008

Immigration Update: USCIS “Cure” For Security Name Check Delays
Feb 11, 2008

Labor and Employment Update: FMLA Amended Service Leave
Feb 01, 2008

Immigration Update: Prepare Now for the April 1 H1-B Stampede
Jan 29, 2008

Labor and Employment Update: Hot Topics in Federal and State Employment Verification
Jan 22, 2008

Labor and Employment Update: Amendment to the FMLA
Jan 04, 2008

Natural Resources & Environmental

Climate Change Update: EPA Issues Greenhouse Gas Reporting Rule
Oct 02, 2009

Environmental Update: June 9th Deadline Fast Approaching
May 19, 2009

Environmental Update: ADEQ Releases Draft General Permit for Storm Water Discharges from Industrial Activities
Apr 28, 2009
Description: ADEQ Releases Draft General Permit for Storm Water Discharges from Industrial Activities

Environmental Update: EPA Proposes Finding That Greenhouse Gas Emissions Endanger Public Health
Apr 23, 2009
Description: EPA Proposes Finding That Greenhouse Gas Emissions Endanger Public Health

Non-Profit

Nonprofit Update: Nonprofit Website Links Could Lead to Revocation of Exempt Status
Dec 08, 2009

Nonprofit Update: Timing Asset Valuations for Private Non-Operating Foundations
Nov 23, 2009

Nonprofit Update: IRS Proposes New Regulations for Type III Supporting Organizations
Oct 12, 2009

ERISA and Nonprofit Update: IRC 403(b) Tax Sheltered Annuity Plans Must Adopt a Written Plan Document by December 31, 2009
Aug 28, 2009

New Law Permits Increased Flexibility in Expending and Managing Charitable Funds
Mar 20, 2009
Description: Charitable institutions now have expanded ability to access restricted funds. In July of 2006, the National Conference of Commissioners on Uniform State Laws (“NCCUSL”) adopted the Uniform Prudent Management of Institutional Funds Act (“UPMIFA”). To date, twenty-five states, including Arizona, have enacted some version of the UPMIFA. Arizona’s version of UPMIFA, titled the “Management of Charitable Funds Act,” was effective in September of 2008 and can be found at A.R.S. Sections 10-11801 through 10-11805 (“the Act”).

Nonprofit Update: The New Form 990: Focus on Governance and Policies
Dec 18, 2008
Description: As the 2008 calendar year ends, many tax-exempt organizations (TEOs) are closing their fiscal years and preparing for the completion and filing of Internal Revenue Service (IRS) Form 990, Return of Organizations Exempt from Tax. The IRS completed its first major redesign of Form 990 since 1979 and many TEOs will be required to file this new version in the coming months.

Real Estate

Real Estate Update: Creditors' Rights Endorsement Developments
Feb 16, 2010

Real Estate Update: Are You Paying Too Much For Property Taxes?
Dec 16, 2009

Construction Law and Real Estate Update: EPA Imposes New Requirements on Stormwater Discharges From Construction Sites
Dec 03, 2009

Real Estate Update: Court Invalidates Dispute Resolution Provision in Development Agreement
Oct 27, 2009

2009 Real Estate Legislative Update
Sep 23, 2009

Limited Appeal Period for County Property Tax Valuations
Feb 25, 2009
Description: Arizona’s County Assessors are sending Notices of Valuation for the 2010 property tax year. Property owners will have only 60 days after the Notice is mailed to administratively appeal the values shown in the Notice. It is anticipated the deadline will expire sometime in April.

Real Estate Update: LandAmerica Files Bankruptcy
Nov 26, 2008
Description: On November 26, 2008, LandAmerica Financial Group Inc. ("LandAmerica") filed for protection under Chapter 11...

Real Estate Update: New Arizona Appellate Decision Enforces Narrow Form Indemnity Clause Against General Contractor
Nov 25, 2008
Description: On November 13, 2008, the Arizona Court of Appeals issued its decision in MT Builders, LLC v. Fisher Roofing, Inc.

2008 Real Estate Legislative Update
Sep 09, 2008
Description: On June 27, 2008, the Arizona Legislature completed the fourth longest legislative session in state history. The Forty-Eighth Second Regular Session was one of the most difficult legislative sessions

Energy, Telecom and Utilities Update: Arizona Corporation Commission
May 20, 2008

Real Estate Update: Limitation of Liability in Professional Service Contracts
May 12, 2008

Construction Update: Arizona Court Allows Purchaser of Commercial Building to Enforce Warranties Given By Original Contractor
Apr 21, 2008

Business & Finance

Commercial Litigation

Equine Law

Estate Planning

Intellectual Property

Intellectual Property Update: Controversial Patent Rules Amendment Package Rescinded
Oct 12, 2009

Intellectual Property Update: June 11, 2009
Jun 11, 2009
Description: Supreme Court to Hear Business Method Patent Case

Intellectual Property Update: More News on the Patent Front...
Jun 17, 2008
Description: U.S. Supreme Court Decides Another Patent Case and Reverses the Federal Circuit

Intellectual Property Update: Patent Legislative and Regulatory Update
May 16, 2008
Description: Patent Reform Removed from Senate Calendar

Intellectual Property Update: USPTO Patent Rules Declared "Null and Void"
Apr 02, 2008

Labor & Employment

Immigration Update: Reminder: April 1st H-1B Filing Deadline Fast Approaching
Feb 18, 2010

Labor and Employment Update: EEOC Discrimination Claims Stay at Record High in 2009
Jan 15, 2010

Labor and Employment Update: COBRA Premium Assistance Extended
Jan 04, 2010

Labor and Employment: Genetic Information Nondiscrimination Act of 2008
Nov 24, 2009

Labor and Employment Update: New Law Expands FMLA Leave for Families of military Members
Nov 17, 2009

Immigration Update: Department of Homeland Security Increases Enforcement Directed at Employers
Oct 06, 2009

Labor and Employment Update: New Gun Law Impacts Property Owners and Businesses
Sep 28, 2009

Labor and Employment Update: Federal Government Issues Flu Guidance to Employers
Aug 31, 2009
Description: Labor and Employment Update: Federal Government Issues Flu Guidance to Employers

Immigration update: Federal Forms Update
Jul 01, 2009

Cobra Premium Assistance After the Stimulus Bill Update
Mar 23, 2009
Description: President Barack Obama signed the economic stimulus bill into law on Tuesday February 17, 2009. The bill contains premium assistance for COBRA qualified beneficiaries who are involuntarily terminated between September 1, 2008 and December 31, 2009. Employers that sponsor group health plans need to change their COBRA administration practices to comply with the new law.

Reminder: April 1st H-1B Filing Deadline Fast Approaching
Mar 04, 2009
Description: We remind you that April 1st will be the first day on which initial H-1B petitions can be filed for foreign national employees.

Labor and Employment Update: Cobra Premium Assistance After the Stimulus Bill
Feb 17, 2009
Description: President Barack Obama signed the economic stimulus bill into law on Tuesday February 17, 2009. The bill contains premium assistance for COBRA qualified beneficiaries who are involuntarily terminated between September 1, 2008 and December 31, 2009. Employers that sponsor group health plans need to change their COBRA administration practices to comply with the new law.

Immigration Update: The “No-Match” Regulation: Is It Back? Sort Of--
Feb 06, 2009
Description: DHS recently published a final rule, “Safe Harbor Procedures for Employers Who Receive a No-Match Letter,” confirming its guidance in the 2007 Proposed Rules regarding Social Security Administration (SSA) notices to employers listing non-matching social security numbers.

Labor and Employment Update: The Lilly Ledbetter
Feb 03, 2009
Description: On January 29, 2009, President Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009.

Labor and Employment Update - October 30, 2008
Oct 30, 2008
Description: Mandatory Voting Leave Requirements Election Day is Tuesday, November 4. While federal law protects the right to vote, it does little to ensure that working citizens are actually able to vote. For instance, no federal statute requires that employers permit employees time off from their normal work schedule to vote. November 1, 2008 Deadline For Employers And Other Users Of Consumer Reports To Enact Policies Regarding Address Discrepancies In Consumer Reports The Fair and Accurate Credit Transactions Act of 2003 (“FACTA”), amended the Fair Credit Report Act (“FCRA”), primarily to address consumer identity theft. The final Identity Theft Rules, published on November 9, 2007, impose duties: (1) on users of consumer reports regarding address discrepancies; (2) on financial institutions and creditors regarding the detection, prevention, and mitigation of identity theft (the “Red Flag Rule”); and (3) on debit or credit card issuers regarding changes of address. The deadline for compliance with the address discrepancies and change of address rules is November 1, 2008. The Federal Trade Commission recently extended the deadline to comply with the Red Flag Rule to May 1, 2009.

Immigration Update: Diversity Visa Lottery Starts!
Oct 02, 2008
Description: Each year the State Department makes a small amount of "green card" visas available pursuant to an electronic lottery process. Companies with foreign national employees may wish to make information ab

Labor and Employment Update: Arizona Industrial Commission Sets 2009 Minimum Wage
Oct 01, 2008
Description: On September 24, 2008, the Arizona Industrial Commission set Arizona’s minimum wage for 2009 at $7.25 per hour, effective January 1, 2009.

Labor and Employment Update: President Signs ADA Act Into Law
Sep 26, 2008
Description: On September 18, 2008, we advised you that the Senate passed the ADA Amendments Act of 2008 (“ADAAA”) on September 11th by unanimous consent. The House of Representatives approved the Senate’s version

Immigration Update: Extension of Status for Certain El Salvadorans
Sep 25, 2008

Labor and Employment Update: Senate Passes the ADA Amendments Act
Sep 18, 2008
Description: On September 11, the U.S. Senate unanimously passed the ADA Amendments Act of 2008 (“ADAAA”). The bill came only after compromise was reached by employer and business groups and disability rights gr

Immigration Update: The Ninth Circuit Upholds LAWA
Sep 18, 2008
Description: In a decision published on September 17, the U.S. Ninth Circuit Court of Appeals upheld the Legal Arizona Workers Act of 2007 (LAWA). Soon after LAWA was signed by Governor Napolitano in May of 2007,

Immigration Update: Surf or Turf? It’s a Good Time to Get That Passport
Sep 10, 2008
Description: If you were watching the Giants beat the Redskins in the NFL season opener, you may have seen the “America the Beautiful” ad campaign announced by the U.S. Customs & Border Protection agency. The ca

Labor and Employment Update: The Legal Arizona Workers Act, Updated
Aug 05, 2008
Description: On May 1, 2008, Governor Napolitano signed SB1374 into law, effective on the date signed. SB1374 clarified and added some new sections to the Legal Arizona Workers Act (“LAWA”) signed by the Governo

Immigration Update: More on the I-9 and E-Verify
Jul 02, 2008
Description: CHANGES IN THE I-9 FORM

Immigration Update: USCIS Announces Good News For Green Card Applicants; President Bush Adds E-Verify to Federal Contractor Requirements
Jun 18, 2008
Description: FINALLY: Two-Year Employment Authorization Documents!

Labor and Employment Update: Congress Passes the Genetic Information Nondiscrimination Act of 2008
Jun 17, 2008
Description: The Supreme Court Expands Employees' Ability to Bring Retaliation Claims - Genetic Information Nondiscrimination Act of 2008.

Labor and Employment Update: Is Your Business Ready For The Minimum Wage Increase In July?
May 28, 2008

Labor and Employment Update: Ninth Circuit Rules On Reduction In Force Case
Apr 09, 2008
Description: The recent opinion in Diaz v. Eagle Produce Limited Partnership serves as a reminder that layoffs are not as easy as many employers might think – especially in the Ninth Circuit.

Immigration Update: DHS Gives Students a Break!
Apr 08, 2008
Description: On April 4, 2008, the Department of Homeland Security released an interim final rule that will allow the extension of Optional Practical Training (OPT) for certain F-1 students. The rule was published

Labor and Employment Update: Are Your Employees Verified?
Mar 24, 2008

Immigration Update: Department of Homeland Security Announces An Increase In Civil Fines
Mar 07, 2008

Immigration Update: USCIS “Cure” For Security Name Check Delays
Feb 11, 2008

Labor and Employment Update: FMLA Amended Service Leave
Feb 01, 2008

Immigration Update: Prepare Now for the April 1 H1-B Stampede
Jan 29, 2008

Labor and Employment Update: Hot Topics in Federal and State Employment Verification
Jan 22, 2008

Labor and Employment Update: Amendment to the FMLA
Jan 04, 2008

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