Lewis Roca Blog

Meet Caileb Booze, the latest addition to the Lewis Roca Michael D. Nosler Scholarship program. Originally from Oklahoma, Caileb pursued his undergraduate studies in Sociology at Oklahoma State University before spending a few years in Dallas, Texas. Ultimately, Caileb's academic journey led him to the University of Colorado Law School.

On September 12, the Arizona Supreme Court declined to take review in ADP, LLC v. Ariz. Dep’t of Revenue, No. CV-23-0036-PR., which lets stand the Arizona Court of Appeals opinion in the same case. 254 Ariz. 417, No. 1 CA-TX 21-0009 (Ariz. Ct. App. Jan. 31, 2023).

Have you ever wondered how common words can become exclusive trademarks? Tune in to learn how The Ohio State University secured a trademark for the word "The" in relation to apparel and unravel the intriguing world of trademark registration for other everyday words and phrases.

Are you curious about how Artificial Intelligence (AI) is shaking up the world of Intellectual Property (IP)? Tune in to discover the latest developments in this complex field.

The Arizona Court of Appeals affirmed a jury verdict that imposed 100% liability on an escrow agent for a wire transfer it sent to a cybercriminal/imposter and attributed no fault to the imposter or the party whose systems were compromised by the imposter. Cybersecurity practitioners and Arizona litigators should take note of the decision and its potential implications.

In Mago v. Arizona Escrow & Financial Corp., the plaintiff (“Mago”) had contracted to purchase a Subway franchise from the prior owners (the “Sellers”). The escrow agent for the deal was Arizona Escrow (the ...

The Government Accountability Office recently returned to the subject of the unavailability of key personnel listed in contract proposals. ASRC Federal Data Solutions, B-421008, December 2, 2022, 2022 CPD ¶ 294, is a bid protest where the awardee of the contract was found to have misrepresented its capacity to furnish a key person identified in its proposal. The GAO sustained the protest, determining that the key person had withdrawn her acceptance of a contingent offer of employment from the awardee, the agency relied on that misrepresentation, and the misrepresentation had a material effect on evaluation of the proposals.

The National Credit Union Administration (NCUA) approved a final rule that will require any Federally-Insured Credit Union (FICU)—including federally chartered corporate credit unions and federally insured state-chartered corporate credit unions—to report certain cyber incidents to the NCUA as soon as possible, and no later than 72 hours, after it “reasonably believes” it has experienced a reportable incident. The rule, which adds a new subsection (c) to 12 CFR Part 748.1, goes into effect September 1, 2023.

In issuing its new rule, the NCUA attempted to closely ...

We officially welcome our 2023 Diversity Legal Writing Interns who have joined us in our Denver, Las Vegas, Phoenix, and Tucson offices.

Download your free guide to Arizona's tax developments that occurred in 2022, with a focus on this past year’s tax legislation and court cases.

The investigation is focused on retail, travel, and food service apps that either do not honor consumer opt-out requests or do not provide the appropriate mechanisms for consumers to stop the sale of their data.

We laugh our way through some fun trivia and then discuss the latest at the USPTO with Molly Kocialski, Director of the USPTO's Rocky Mountain Regional Office.

Bid protest determinations serve to resolve challenges to procurement decisions by government agencies. Beyond that purpose, these rulings can also offer valuable insights as to what factors determine whether or not a contract proposal is successful. A recent example of such a decision from the Government Accountability Office is Matter of Tech Marine Business, Inc., B-420872, 2022 CPD ¶ 260, October 14, 2022. The GAO sustained this protest because the agency failed to adequately explain why it did not consider the contractor’s transition plan to merit a strength finding.

Non-Fungible Trademark? How brand owners and content creators are transitioning their trademark rights to the metaverse, the problems that come up with adapting the law and these rights to the new technology.

After his recent acquisition of Twitter, Elon Musk announced sweeping changes to the platform. Among them is his crusade to suspend accounts impersonating others unless the account “clearly” specifies the account is for parody. This defeats the very purpose of comedy. A joke is not funny if you have to explain it.

On November 8^th, Arizona voters approved Proposition 209, which significantly modifies the rights of creditors. Although the pre-election publicity focused mostly on medical debt, Prop. 209 changes how all types of debt can be collected against individuals. The initiative took effect on December 5, 2022.

Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of software patent prosecution can help ensure that software inventions get maximum protection.

The best time to respond to a ransomware attack was yesterday, but the second-best time to start responding is today. Study after study over the past year has confirmed that having a plan in place in the event of a data breach and ransomware attack can save you and your company millions. Every employer has a fire evacuation plan and drills they run, and this is no different.

Governor Doug Ducey announced that Arizona will implement its new 2.5% flat income tax rate on January 1, 2023, a full year ahead of schedule. According to Gov. Ducey, the accelerated implementation is the result of the state’s “continued economic growth and record surplus.”

The document where you sign your life away. The best of them ask you to fill your name out at the top and then initial every single paragraph across multiple pages of the release. As the paragraphs progress, the consequences of your "fun" activity get more and more dire.

When to laugh or when to sue? Famous brand owners face this question when their brands are used as the butt of a joke or in humorous-intending spin-off products.

Louisiana has joined the growing number of states requiring solar producers to provide financial security for clean-up costs associated with shutting down their facilities.

Lewis Roca partners Mary Ellen Simonson and Laura Pasqualone joined Steve Hirschfeld on the ”Employment Matters” podcast for Employment Law Alliance. In this episode for the Travel Tuesdays series, they explored the essential things to know before doing business in the state of Arizona. 

On June 21, 2022, The Ohio State University (OSU) obtained a federal trademark registration (U.S. Reg. No. 6,763,118) for the standard character mark THE for “t-shirts, baseball caps, and hats; all of the foregoing being promoted, distributed, and sold through channels customary to the field of sports and collegiate athletics.”

The Pennsylvania legislature is weighing two bills that require decommissioning plans for solar energy projects, and the debate over them among lawmakers illustrates the challenges associated with developing a solution to this growing issue in the renewable energy industry.

The Nevada Gaming Commission (“Commission”) recently amended Commission Regulation 5 to (i) allow hosting centers located outside of Nevada to house Nevada-regulated gaming equipment provided they register with the Gaming Control Board (“Board”) and satisfy certain additional criteria; and (ii) expand the scope of Nevada-regulated gaming equipment that may be housed at hosting centers.

A Colorado law will take effect in August 2022 that substantially changes what is permissible for non-compete and non-solicitation employment agreements.

The Metaverse is a virtual environment whose digital attributes persist even if the user is not logged online. What makes the Metaverse more complex is its integration with new technology. Wearable technology such as the Oculus give the Metaverse the capability to virtualize almost all facets of the real world. The similarities to the real world and high functionality can lead to legal issues, including trademark issues.

We are excited to introduce our 2022 Summer Class, which consists of nine incredible summer associates. The firm will host an in-person program this year in our Denver, Los Angeles and Phoenix offices.

A contractor’s own terms and conditions infrequently appear in procurement contracts with the federal government. For the most part these contracts are “take it or leave it” propositions with the agency’s own terms and conditions defining the agreement of the parties. Recently, however in CSI Aviation, Inc. v. Department of Homeland Security, 31 F.4th 1349 (Fed. Cir. 2022), the U.S. Court of Appeals took the opportunity to address circumstances when a contractor’s standard terms and conditions may be incorporated by reference into a federal contract.

Do you enjoy snacking on Gruyere and Roquefort cheese while sipping champagne or sparkling wine and watching the American Football Conference? Please join us as we map out the world of geographic trademarks.

A new internet frontier is opening, one that is not associated with or controlled by the Internet Corporation for Assigned Names and Numbers (ICANN) and shares little in common with the more well-known and used TLDs such as .com, .net, .org., and .biz.

On March 18, 2022, the U.S. Department of Energy (DOE), Solar Energy Technologies Office (SETO) released its Photovoltaics End-of-Life Action Plan.

As renewable energy projects approach the end of their lifespan, companies may face various legal issues associated with the decommissioning or repowering processes, some of which may lead to litigation.

What happens when a key person for a contractor resigns while a procurement is still pending? A recent protest decision by the Government Accountability Office addresses this question.

On February 16^th, the Council on Environmental Quality (“CEQ”) published an interim document to guide the regulation and permitting of carbon capture, utilization, and sequestration (“CCUS”) technologies.

Why is BJ Novak’s face appearing on products all over the world, is it permitted, and what can he do about it?

On January 26^th, Arizona Corporation Commissioners voted 3-2 against modifications to the state’s Energy Rules.

On January 24th, the U.S. Supreme Court granted Certiorari in Sackett, Michael, et ux. v. EPA, et al. on the limited question of “[w]hether the Ninth Circuit set forth the proper test for determining whether wetlands are ‘waters of the United States’ under the Clean Water Act.”

Download your free guide to Arizona's tax developments that occurred in 2021, with a focus on this past year’s tax legislation and court cases.

A new law in Arizona, HB 2617, makes significant changes to Arizona’s homestead exemption and expands the rights of judgment creditors.  The law went into effect on January 1, 2022, but creditors with judgments entered before then also may take advantage of the changes to the law.

On December 21, the Bureau of Land Management (“BLM”) published a Notice in the Federal Register calling for expressions of interest and nominations for utility-scale solar development on parcels of land within seven identified solar energy zones (“SEZ”) on a combined 89,589 acres of public land. The seven SEZs include Antonito Southeast, DeTilla Gulch, and Los Mogotes East in Colorado; Dry Lake Valley North, Gold Point, and Millers in Nevada; and Afton in New Mexico.

A widely reported flaw in popular software known as Log4j poses a severe cybersecurity threat to organizations around the globe, with hundreds of millions of devices at risk.

OIRA’s Fall 2021 Unified Agenda outlines the near and long-term regulatory actions each federal agency intends to take before the Spring 2022 Unified Agenda is released.

Student-athletes can now profit from their own name, image, and likeness thanks to NCAA rules changes. However, what is and is not allowed is far from clear. Join us as we discuss the myriad state and school rule changes regarding student-athlete endorsements.

The Contract Disputes Act allows contractors seeking payment of a claim arising from a contract with the federal government six years from the date it accrued to submit the claim to the contracting officer. Failure to do so will result in the claim being rejected as untimely.

An eye towards sustainability has always been at the forefront of the renewable energy industry, but in many cases, technology was not able to catch up to the good intentions of the industry until recently.

On Thursday, November 19th, 2021, the Gaming Control Board (“Board”) held a public workshop to discuss possible amendments to the Nevada Gaming Commission regulations regarding remote registration for wagering accounts used for other than sports, nonpartimutuel race, or “other event” wagering.

As industry leaders and businesses tackle the question of how to decommission, repower, or redevelop our renewable energy generation technology that has reached the end of its useful life, important considerations must be weighed.

On Monday, President Biden signed the $1.2 trillion bipartisan Infrastructure Investment and Jobs Act into law. The measure will deliver $550 billion in new federal spending over 5-years and will direct $650 billion in already appropriated dollars into new and existing funding programs for project development.

As more states continue to adopt and consider rules for renewable energy facility decommissioning, they do so against the backdrop of the existing federal financial assurance rules implemented by the Bureau of Land Management (“BLM”) (and, for offshore facilities, the Bureau of Ocean Energy Management).

On November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) on Covid-19 Vaccination and Testing.

The first commercial wind and solar power generation facilities in the United States were constructed in the early-1980s. Since then, hundreds of acres of solar farms and thousands of individual wind turbines have been installed around the country largely as a result of maturing technologies, declining power prices, state renewable energy portfolio requirements and goals, and growing public interest in clean energy.

Late last month, the Bureau of Land Management (“BLM”) issued Instruction Memorandum 2021-046 to reinstate both BLM Manual Section (MS-1794) and BLM Handbook (H-1794-1), which restore previously rescinded BLM policies on mitigating operator impacts on public lands managed by the BLM.

The limited availability of custom-designed shoes, clothing, and accessories makes these items highly desirable and they fetch high prices. But are they legal? Tune in as we discuss IP issues that can arise from the design and sale of customized fashion.

On October 7, 2021, the Council on Environmental Quality (CEQ) proposed certain changes to its regulations implementing the National Environmental Quality Act (NEPA).

On Friday, September 10th, the Bureau of Land Management (“BLM”) noticed a competitive offer of solar energy development on public lands in Beaver County, UT.

On August 30, 2021, Judge Marquez of the U.S. District Court for the District of Arizona vacated the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers’ (“Corps”) (collectively “Government Defendants”) 2020 “Navigable Waters Protection Rule” (“NWPR”), finding that the NWPR had “fundamental, substantive flaws that cannot be cured without revising or replacing the NWPR’s definition of ‘waters of the United States.’”

Technical discriminators, which distinguish one technical proposal from another, frequently determine contract awards in best value procurements conducted by the federal government. Bid protest decisions of the Government Accountability Office and the U.S. Court of Federal Claims commonly address those discriminators that agencies find significant in evaluating technical proposals.

WTF is an NFT? NFTs (Non-Fungible Tokens) are all the rage, with some works being sold for six-figure prices. But, are NFTs a valuable one-of-a-kind commodity or merely a fad? What IP rights does an NFT owner own and how can they be enforced? What IP precautions should NFT creators take? Join us to find out!

Experienced litigator and American College of Trial Lawyers member, James Lyons had the opportunity to have a candid conversation with his friend and former US President, William J. Clinton.

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…”.

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.

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.

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.

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.

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.

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!

Logging in isn’t like going to class: as students are forced to learn through distance learning, what new intellectual property issues are popping up in the online classrooms?

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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!

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.

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.

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.

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.

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

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.

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.

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.

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.

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”).

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.

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.

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.

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

The following summarizes the latest news in the Southwest relating to state tax and the COVID-19 pandemic.

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.

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.

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.

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.