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On Friday, July 9th, the White House issued an Executive Order on ‘Promoting Competition in the American Economy’. The Executive Order directs over a dozen federal agencies to undertake 72 initiatives that address “…some of the most pressing competition problems across our economy…”.

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On Tuesday, June 29, 2021, the U.S. Supreme Court voted 5-4 to reverse the Third Circuit and affirm that authorized natural gas pipeline developers have the ability to exercise federal eminent domain over state and municipal lands.

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In a 5-4 decision written by Justice Kagan (joined by Chief Justice Roberts and Justices Breyer, Sotomayor and Kavanaugh) in Minerva Surgical, Inc. v. Hologic, Inc. (June 29, 2021), the Supreme Court reined in the doctrine of assignor estoppel.

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We officially welcome our 2021 Summer Class, which consists of 8 outstanding summer associates. The firm will host a hybrid (in-person and virtual) program this year in our Denver, Los Angeles and Phoenix offices.

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Are food delivery companies picking up claims of infringement when they pick up your order?  We explore the potential intellectual property issues with delivery services acting as, or claiming to act as, representatives of restaurants and other brick-and-mortar locations.

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The Arizona Court of Appeals held that state and local governments were categorically preempted from imposing property taxes on permanent improvements located on Tribal lands, regardless of the ownership of those improvements, reversing an earlier decision of the Arizona Tax Court.

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In this episode, we take a look back at some of our hottest topics and the latest trends from the past year: Chairman Bernie, Tiger King vs. Carole, Bad Tattoos and Band Names!

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The following update provides an overview of Arizona tax developments that occurred in 2020, with a focus on this past year’s tax legislation and court cases. We hope that you will find this annual compilation useful and interesting.

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Opportunities to learn as a collective group will broaden the Board members’ understanding of their roles and responsibilities and the environment in which the Board operates.

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Well, that escalated quickly! Has your meme gone viral? Have you become a meme? Join our team as they discuss the intellectual property implications of memes. Even Grumpy Cat would approve.

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On January 20, 2021, U.S. Circuit Court Judge Kayatta for the First Circuit Court of Appeals issued a 49- page ruling upholding the U.S. District Court’s ruling rejecting the 2018 Wire Act interpretation that The Wire Act applies to all forms of gambling rather than only sports betting.

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The United States Patent & Trademark Office has enacted a Final Rule that will increase the
fees for filing trademark applications, maintaining trademark registrations and filing
oppositions and cancellations before the Trademark Trial and Appeal Board, effective
January 2, 2021.

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After much haggling, Congress passed its second major COVID-related relief package on December 21, 2020. The $900 billion package is included in the 5,593-page Consolidated Appropriations Act of 2021, which is expected to be signed by President Trump shortly and will provide funding for the federal government between now and the end of the current fiscal year on September 30, 2021.

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Prize-linked savings (PLS) accounts are a new and exciting way for banking customers to experience the thrill of a lottery while personally funding their savings account. PLS accounts add a lottery-style feature to certain savings accounts where financial institutions offer incentives to its customers to win prizes. These prizes are funded by the interest that accrues from the pool of prize-linked accounts.

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On December 16, 2020, the U.S. Equal Employment Opportunity Commission issued new guidance to employers that want to require employees to get Covid-19 vaccinations when they become available to most Americans. The guidance also outlines the steps that employers must take before they can exclude unvaccinated employees from their facilities and job sites.

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FireEye, Inc., a leading U.S. cybersecurity firm, recently disclosed that it had been hacked by a nation-state actor. The company has since revealed that the hack was likely perpetrated, in part, through an ongoing compromise of “Orion” IT monitoring and management software offered by SolarWinds Worldwide, LLC.

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According to recent reports, cloud hosting and IT services provider Netgain, which bills itself as “the industry standard for secure and scalable IT-as-a-Service (ITaaS) for accounting and healthcare,” has been forced to take some of its data centers offline after suffering a recent (and potentially ongoing) ransomware attack.

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No question, the ongoing COVID-19 pandemic is giving rise to multitudes of delay claims (along with claims of other varieties) by contractors against the federal government.

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Campaign rallies and political events are kicking off, and so are the cease and desist demands! Our team discusses many of the IP issues that politicians can find themselves in. Find out more in this episode.

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Not all patent owners exploit their patents by making and selling products. Rather, some monetize their patents through licensing in which case the entities are referred to as “Non-Practicing Entities” or "NPEs." Some NPEs own strong and valid patents, and engage in commercially reasonable licensing activities.

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Get the swear jar ready, because our hosts are pushing the envelope this episode! How far can trademarks go when the mark might include offensive language or imagery? Find out in this episode!

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Labor and Employment attorney Laura Pasqualone discussed on the Employment Legal Alliance podcast the potential legal issues employers may face once a COVID-19 vaccine is available to the public.

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The Government Accountability Office (GAO) recently denied a protest brought by a contractor who failed to submit an adequately written proposal for the award of a federal contract. This decision breaks no new ground legally but it serves as a timely reminder of how failure to identify the assumptions upon which a proposal is based will yield a disappointing result.

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BOK Financial Insurance hosted a webinar on Thursday, September 10 with industry experts who provided insights and recommendations on navigating the increased presence of teleworking as well as considerations when preparing your workplace for employees to return to the office.

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Social media influencers' name, image and likeness can be protected by “the right of publicity.” Intellectual property attorneys Oliver Bajracharya and Drew Wilson address the legal issues surrounding the right of publicity and how the law views this “right” which differs from state to state.

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IP attorneys Tom Daly & Drew Wilson discuss three intellectual property tools that protect the art and design of products.

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We're putting the band back together, man! Wait, who owns the name? What happens to the ownership between management and band members while the band is together and after they split up? Who can claim their legacy? Find out in this episode.

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IP attorneys Tom Daly & Drew Wilson discuss three intellectual property tools that protect the art and design of products. Design patents play a role in ensuring a product’s brand and life cycle is protected. Knowing what protection you need for your specific product can be a game-changer for your business. Whether you are a startup or an established business launching a new product, this series can help you determine the best tools to protect the intellectual property of your products.

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HR can be especially challenging for smaller employers with limited resources and can be even more challenging for business during the COVID-19 rebuilding period. In these difficult times, it is important to be prepared for the new normal in the workplace. This webinar slide deck aims to discuss some of the most critical areas you need to be aware of to avoid HR-related fines, lawsuits, or penalties.

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IP Attorneys Tom Daly & Drew Wilson discuss three intellectual property tools that protect the art and design of products. Copyright, trade dress and design patents all play a role in ensuring  a product’s brand and life cycle is protected.

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SB4 has a number of implications for Nevada businesses, which includes: (1) requiring certain state agencies and the Clark and Washoe County health districts to adopt regulations related to lodging facilities for the duration of the COVID-19 pandemic; (2) limiting civil liability for businesses and other entities that substantially comply with controlling health standards; and (3) granting additional enforcement authority to certain state agencies, including the Nevada Secretary of State (“SOS”).

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Neil Young recently filed a copyright infringement suit against Donald Trump’s re-election campaign. Young alleges that the use of his songs Rockin’ in the Free World and Devil’s Sidewalk at Trump campaign rallies and political events including Trump’s recent rally in Tulsa, Oklahoma on June 20, 2020 were done without permission and constitute copyright infringement.

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To protect or not to protect. Are tattoos subject to copyright protection? Can tattoos infringe a trademark? Join us as we explore the lines associated with intellectual property protection of tattoos and how those issues affect what tattoo artists, recipients, and even photographers need to keep in mind.

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The opinion resolves the key legal issue in a citizen suit brought by a number of environmental interest groups alleging that Maui County, Hawaii, requires a CWA permit in connection with discharges of treated sewage into groundwater.

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On July 8, 2020, the United States Supreme Court released two decisions with important implications for the rights of religious employers.

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On June 30, the Arizona Department of Revenue issued a draft Transaction Privilege Tax Ruling TPR 20-XX and the corresponding Transaction Privilege Tax Procedure TPP 20-XX. These tax rulings are the first step formalizing the procedure for late payment penalty abatement due to  COVID-19.

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Can a generic word combined with “.com” ever be eligible for trademark protection in the United States? Yes, under the Supreme Court’s 8-1 decision in United States Patent And Trademark Office v. Booking.com  B.V., issued today.

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As the COVID-19 pandemic continues, states are clarifying their position on certain tax relief provisions available to taxpayers. Additionally, taxpayers in the Southwest and nationwide should be aware that the July 15 extended filing deadline for 2019 corporate and personal income tax at the federal and state levels is rapidly approaching.

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Since January, the COVID-19 pandemic has altered the global economy, leading to even greater cybersecurity threats as more and more people are connecting remotely. Indeed, the FBI has reported a 300% increase in the number of daily complaints submitted to its Internet Crime Complaint Center (IC3) during the pandemic.

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Businesses small and large have been impacted in myriad ways by the COVID-19 crisis but some businesses have responded by reinventing themselves by making products or providing services to meet the new demands of COVID-19.

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Taking a few small steps to set up your company’s Digital Millennium Copyright Act agent can provide significant protection against copyright claims.

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Join our panel of intellectual property lawyers as they discuss the IP litigation cases and issues associated with one of the hottest shows on Netflix - Tiger King. Hear how you can avoid some trademark pitfalls.

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The complaint claims that Apple profits from games with loot boxes by marketing the games to children, acting as an agent for the game developers, and managing the monetary transactions. Apple does not explicitly provide notice that a loot box game feature exists and instead provides disclosures of “Offers In-App Purchases.”

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On March 30, 2020, the Office of the Under Secretary of Defense issued a memorandum to procurement officials throughout the Department of Defense on managing the effects of the COVID-19 virus on defense contracts. This memorandum is authored by Kim Herrington, the Acting Principal Director, Defense Pricing and Contracting. Although the memorandum lacks detail, it should be viewed as an encouraging sign from the DoD that it recognizes its contractors are impacted by the virus and that they are entitled to seek relief.

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The United States Supreme Court issued a landmark decision on June 15, 2020, ruling that Title VII of the 1964 Civil Rights Act protects employees from discrimination based on their sexual orientation and gender identity. Chief Justice John Roberts and Justice Neil Gorsuch sided with the Court’s more liberal members in finding that Title VII’s ban on discrimination “because of sex” covers sexual orientation and gender identity.

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On June 11, 2020, the U.S. Equal Employment Opportunity Commission issued new guidance that addresses numerous pandemic-related topics. 

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On June 5, 2020, President Trump signed into law the latest COVID-19 relief-related legislation: the Paycheck Protection Program Flexibility Act (the “Act”). As stated in the title of the Act, the purpose of this legislation is to provide the recipients of PPP loans greater flexibility in the use of loan funds, while maintaining eligibility for loan forgiveness.

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Big Fish Casino is a social gaming application that provides “freemium” online casino games. Similar to many other providers, users are awarded free chips when they create their account and may obtain additional chips by winning games, via free chip replenishment, or by purchasing additional chips. Big Fish Games was owned by Churchill Downs Incorporated and subsequently sold to Aristocrat Leisure Limited earlier this year.

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The USPTO has twice announced extensions of certain trademark and patent deadlines in accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The most recent extensions will lapse on May 31, 2020, but the USPTO will continue to offer some relief.

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The SBRA law became effective in February 2020. In March, Congress increased the eligibility limit to businesses with up to $7,500,000 in debt for at least a year. Many, if not most, chapter 11 filings could qualify.

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On April 27, 2020, the Securities and Exchange Commission issued guidance regarding investment advisory firms’ duty to disclose loans obtained under the Paycheck Protection Program (PPP) created under Section 1102 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The SEC has concluded that an advisory firm must disclose to clients that it has taken a PPP loan to counter the impact of the COVID-19 pandemic.

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Following Nevada Governor Steve Sisolak’s March 17, 2020 directive to close all non-essential businesses, Nevada gaming establishments ceased operations and sent all employees home. This article seeks to provide Nevada gaming establishments with several topics to consider when crafting policies and protocols for bringing employees back into the workplace during the ongoing pandemic.

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The USPTO has announced extensions of certain patent and trademark deadlines in accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Under some conditions, discussed below, deadlines for filing certain patent and trademark related documents and paying certain required fees that would otherwise have been due between March 27 and May 31 may now be filed on or before June 1.

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COVID-19 and the subsequent stay-at-home/safer-at-home orders that have been in place for approximately the last 6-weeks resulted in severe financial strain on many borrowers who have either lost their jobs, been furloughed, experienced a significant reduction in their income as a result of cutting hours or have witnessed a decline in business.

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Although many employers in the construction industry have continued to operate as essential businesses during the COVID-19 pandemic, some have allowed certain employees to work from home where possible. As states begin to loosen restrictions and “reopen” for business in the coming weeks and months, construction employers will need to implement new, and possibly permanent, policies and guidelines designed to keep the construction workforce safe.

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On April 24, 2020, the Small Business Administration (“SBA”) issued revised and updated guidelines to allow certain gaming businesses to benefit from the new Paycheck Protection Program (“PPP”) created under Title II of the CARES Act. This is a reversal of the SBA’s longstanding regulations that made most gaming businesses ineligible for any SBA loans.

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As stay-at-home orders and the economic fallout of the COVID-19 pandemic continue, states continue to update the tax relief available to taxpayers. The following summarizes the latest news in the Southwest.

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Cybercriminals are exploiting the vulnerability of the healthcare community affected by COVID-19, an increase in teleworking and the need by medical professionals to stay current on coronavirus information.

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The Supreme Court today resolved a long-standing circuit split, unanimously holding that willfulness is not a requirement for an award of profits in a trademark infringement lawsuit. The case is Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233 (April 23, 2020).

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As the fallout from the COVID-19 virus widens and the prospect of an economic downturn looms, lenders are likely to focus more on protecting their collateral. Although many lenders are negotiating accommodations with borrowers in the short term, some of these accommodations will inevitably be unsuccessful and lead to defaults.

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On April 17, 2020, the Equal Employment Opportunity Commission published additional guidance for employers regarding the issues they are facing due to the COVID-19 pandemic. The latest advice focuses on the reasonable accommodation requirement of the Americans with Disabilities Act (the “ADA”).

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The CARES Act allows a 401(k) plan to provide a coronavirus-related distribution option (CVR Distribution) to plan participants affected by the COVID-19 pandemic. Specifically, a plan participant who is a Qualified Individual can elect one or more CVR Distributions totaling no more than $100,000 during the period beginning January 1, 2020 and ending December 30, 2020.

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On April 16, 2020, the Department of Insurance issued Regulatory Bulletin 2020-04, addressing the flexibility that the Agency asks the Insurance Industry to practice.

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In a Frequently Asked Questions (FAQs) issued on April 10, the IRS clarified the interaction between the employer relief provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and the loan forgiveness provision for employers that receive a Paycheck Protection Program (PPP) loan.

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On April 13, 2020, the Financial Industry Regulatory Authority (FINRA) issued guidance for member firms and registered persons regarding the Paycheck Protection Program (PPP) created under Section 1102 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. FINRA specifically addressed the interaction between PPP loan forgiveness and disclosure obligations under Question 14K on Form U4.

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On April 8, 2020, the Federal Circuit vacated the decision of the Trademark Trial and Appeal Board (the "TTAB") - which had denied registration of Forney's multi-color product packaging mark - and held that "color marks can be inherently distinctive when used on product packaging, depending upon the character of the color design."

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As we navigate through these uncertain times and face challenges like never seen before in the world of commercial leasing, landlords and tenants should be cautioned against the unintended consequences of their actions.

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With many cities following shelter-in-place orders because of the COVID-19 outbreak, many businesses have been forced to close their doors. This does not mean that businesses are left to only sit back and wait for orders to lift. Instead, businesses should consider proactive measures to connect with their community, raise brand awareness and focus on how to bring in customers once the pandemic subsides.

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Just like for-profit employers, nonprofit organizations (“nonprofits”) across the country have been impacted by the COVID-19 crisis. Much action has been taken by Congress to enact laws that will provide for the economic health of business and employees.

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As social distancing and self-isolating guidelines are set in place with no immediate end in sight, many casinos are facing an uncertain future. Numerous concerts, conferences and other events held in casino convention centers have been canceled because of the coronavirus outbreak.

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Consumer and industrial demand for gasoline has plummeted as a result of the COVID-19 pandemic. In addition, a geopolitical standoff between Saudi Arabia and Russia has created a worldwide oil glut. As a result, oil prices have dropped below levels necessary to maintain profitable production in many parts of the United States.

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Since the IRS announced that the due date for filing and payment of individual, corporate, and fiduciary income tax returns have been extended to July 15, 2020, the states have followed suit, including the Southwestern states that Lewis Roca Rothgerber Christie covers — Arizona, California, Colorado, Nevada, New Mexico, and Texas.  This alert will look at how these Southwestern states have implemented income tax relief and what relief these states have provided for sales tax and property tax filing and payment deadlines. This is current as of April 8 but States may take action after this date to provide tax relief.

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Most commercial evictions will be prohibited through May 31, 2020 under an executive order issued on April 6, 2020 by Arizona Governor Doug Ducey. Under the order, commercial landlords will be prohibited from locking out tenants, issuing a notice to vacate, or otherwise “attempt[ing] to inhibit the operations of a business.” The prohibition applies if the tenant is suffering financial hardship from the COVID-19 pandemic that prevents it from paying rent and will remain  in effect until May 31, 2020.

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Not surprisingly, the COVID-19 pandemic is having an effect on judicial proceedings in Colorado.  The Governor and chief judges have acted to limit court activity in order to mitigate the economic consequences and protect the health of those who work or interact with the court system. Colorado state and federal courts are open and operating, but access is limited. 

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Scott Brown, corporate consumer finance partner, at Lewis Roca Rothgerber Christie LLP,  spoke at a recent compliance conference on the Fair Credit Reporting Act ("FCRA").

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On April 2, 2020 in the late afternoon, the Small Business Administration issued an interim final rule (Docket No. SBA-2020-0015, the “Rules”) for the administration of the Paycheck Protection Program (PPP) created under Section 1102 of the CARES Act.

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Since March 19, 2020 Governor Ducey has issued Executive Orders to address the growing public health emergency arising from the COVID-19 virus.  These orders cover a broad range of topics aimed to address the needs faced by those who live and work in Arizona.

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The California Consumer Privacy Act (“CCPA”) came into effect on January 1, 2020, significantly altering the data privacy landscape for businesses across the nation. As a result, many businesses have been waiting to finalize their compliance procedures to ensure consistency with those regulations, which are still subject to revision.

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The impact of COVID-19 on the hospitality industry which includes bars, restaurants and liquor distributors, distilleries, breweries and more cannot be overstated. As losses continue, businesses have been forced to make impossible choices and implement innovative ways to protect their businesses and employees.

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Lawyers who advise clients in financial distress are searching for answers for their clients.  Ultimately, cash flow and fundamentals are critical to business survival, but other tools can help.  Is it coincidence that the Small Business Reorganization Act became effective as the nation unknowingly was headed to financial crisis?

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The USPTO, like many other trademark offices worldwide, has responded to the COVID-19 outbreak by offering extensions of time for certain deadlines related to trademark applications and registrations. A 30-day extension of time is now available.

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Congress Passes the Coronavirus Aid, Relief, and Economic Security Act

Watch the webinar now to review the details of the new stimulus package that was signed into law Friday, March 27, 2020.

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Working from home may mean working without convenient access to common office equipment such as printers and scanners.  As such, the situation lends itself to taking advantage of the USPTO’s acceptance of electronic “S-signatures” wherein documents can be signed without being printed.

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By June 30, 2020 apps within the Apple App Store that use HTML 5 must be in full compliance with Sections 4, 5, and 6 of Guideline 4.7 of the Apple App Store Review Guidelines. The first extension of the September 2019 deadline was extended to March 2020 and Apple’s second extension is extended to the end of June 2020. Some online gambling apps have already begun to comply with the guidelines.

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The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was passed by Congress and signed by the President on March 27, 2020. This stimulus package is more than double the amount provided by the American Recovery and Reinvestment Act that was passed during the Great Recession. The 880-page bill includes substantial aid for both employed and unemployed Americans, the public health system, and employers of all sizes, including nonprofit organizations.

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The Families First Coronavirus Response Act (FFCRA) was signed by President Trump on March 18, 2020, and it becomes effective on April 1, 2020. The FFCRA contains provisions for emergency paid sick leave and expanded family leave that are available for some employees affected by COVID-19.

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Governor Polis issued Executive Order #D-2020-012 on Friday March 20, 2020 (the “Order”) in an attempt to discourage evictions and foreclosures for both residential and commercial real estate properties in the wake of the State’s response to the COVID-19 pandemic shuttering many businesses.

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As many businesses are temporarily shutting down and closing their front doors, companies are forced to reevaluate how they are interacting with customers to ensure the continuation of customer loyalty, connections, and the strength of their brands. Yet, despite this unprecedented time of social distancing, many opportunities still exist for businesses to develop and build those connections.

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The COVID-19 pandemic has sent shock waves through the business world. This rapidly changing landscape has resulted in many questions among tenants (some of whose businesses are closed) and landlords facing rent losses

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Unfortunately, cyber criminals see the chaos caused by the COVID-19 pandemic as an opportunity to send phishing emails which seem like they are delivered from the email domains associated with the Centers for Disease Control, the World Health Organization, the National Institutes of Health, state/local agencies, service providers and even company HR departments.

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In an effort to keep you apprised of the rapid developments surrounding COVID-19, we wanted to share with you further guidance on the Financial Services Sector Essential Critical Infrastructure Workers from the U.S. Department of the Treasury.  As always, please let us know how we can help you.

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In an effort to keep you apprised of the rapid developments surrounding COVID-19, we wanted to share with you further guidance on the Families First Coronavirus Response Act from the U.S. Department of Labor.  As always, please let us know how we can help you.

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While most businesses have reduced operations or shut down entirely during this time of economic turmoil, some businesses are thriving. Supermarkets, pharmacies and online retailers are dominating the headlines but another industry quietly thriving is online video gaming.

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The outbreak of the respiratory disease (COVID-19) caused by the new coronavirus continues to present many issues for employers. The U.S. Centers for Disease Control and Prevention expects the disease to continue to spread throughout the country for the next several months. Meanwhile, Congress has passed new federal legislation that provides relief for some employees affected by COVID-19.

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In a world of shuttered casinos, restaurants and bars, many opportunities still exist for operators to develop business and build their brands through games and sweepstakes on the Internet.

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On March 11, 2020, Governor Ducey declared a state of emergency in Arizona due to COVID-19. Even before this declaration, COVID-19 and the public reaction to it had begun to affect commercial activity.

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Our legal rapid response attorneys are ready to respond to our clients’ COVID-19 legal inquiries and concerns about how this could impact their business. Our attorneys can address any issues you may have across a variety of areas.

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The outbreak of respiratory disease (COVID-19) caused by the new coronavirus presents many issues for employers. The Centers for Disease Control and Prevention (CDC) expects the disease to continue to spread throughout the country. Meanwhile, the global spread of the disease, the rise of travel advisories, and the widespread media coverage on these topics are leaving employers worried about the health and safety of their employees and assessing the actions they should take in response.

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On February 6, 2020, the United States Patent & Trademark Office (“USPTO”) published an Examination Guide announcing new rules scheduled to go into effect on February 15. Among the new rules, is a requirement that any trademark owner (e.g. applicant, registrant, or party to a litigation matter before the Trademark Trial & Appeal Board) provide a valid email address for correspondence, even if there is an appointed U.S. attorney.

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When a company wants to protect the appearance or configuration of a product, trade dress intellectual property protection most immediately comes to mind. This is sensible. But, other types of protection, copyright and design patents, can each provide their own unique advantages.

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The United States Patent and Trademark Office (USPTO) now requires all foreign-domiciled trademark applicants and registrants to retain licensed counsel in the United States to prosecute trademark applications, file post-registration maintenance documents, file submissions in Madrid applications, or respond to Trademark Trial and Appeal Board (TTAB) proceedings.

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