Ownership and Licensing in Design Agreements
April 14, 2026 —
Abby Dvorkin - Snell & WilmerThe ownership and licensing of design documents in professional services agreements play a significant role in protecting the interests of the design professional and the project owner during and after project completion. The ownership or licensing of the drawings provision typically outlines who owns the drawings and specifications, who can use the documents, and how the documents can be used during and after the project.
Project owners and developers should understand that payment for design services does not automatically transfer ownership or an exclusive right to use the professional design. Under U.S. copyright law, the default rule is that the design professional retains ownership of the instruments of service absent a contractual provision transferring ownership or a license. See 17 U.S.C. § 101, et seq. The Architectural Works Copyright Protection Act provides that copyright protection applies to “pictorial, graphic and sculptural works” and includes “architectural works.” 17 U.S.C. § 102. A design professional may only transfer copyright ownership in writing. 17 U.S.C. § 204(a).
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Abby Dvorkin, Snell & WilmerMs. Dvorkin may be contacted at
advorkin@swlaw.com
2026 Southern California Super Lawyers Recognizes 14 Snell & Wilmer Attorneys
March 03, 2026 —
Snell & WilmerLOS ANGELES AND ORANGE COUNTY – Snell & Wilmer is pleased to announce that 14 attorneys in its Los Angeles and Orange County offices have been selected for inclusion in the 2026 Southern California Super Lawyers publication. Of those 15, six were recognized as Rising Stars.
Super Lawyers is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations. The final published list represents no more than 5 percent of the lawyers in the state.
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Snell & Wilmer
Collapse Claim Dismissed as Untimely
January 26, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe insureds’ suit for coverage due to a collapse of their barn was dismissed while the bad faith against the insurer survived. Funaro v. State Farm Fire & Cas. Co., 2025 U.S. Dist. LEXIS 227346 (W. D. Pa. Nov 19, 2025).
The insureds’ barn was insured by State Farm. The insureds alleged that the barn roof collapsed from the weight of snow, causing damage to the structure of the barn itself and the contents of the barn (including a custom French stove that the insureds alleged was worth between $90,000 and $100,000).
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
When Logic Doesn’t Matter: Why ‘Irrational’ Isn’t a Ground to Overturn an Arbitration Award in Tennessee
November 09, 2025 —
Matthew DeVries - Best Practices Construction LawArbitration has long been viewed as a faster, more efficient alternative to litigation. But anyone involved in construction disputes today knows that is not always the case. The process can be just as costly, sometimes taking as long as a court case. Yet one thing remains consistent, and it is the most important point for everyone in the construction process to understand before signing an arbitration clause: once an arbitrator decides, that decision is almost always final.
That reality was reinforced in a recent Tennessee Court of Appeals decision,
MidSouth Construction, LLC v. Burstiner (June 12, 2025) (pdf). The case involved a homeowner who tried to overturn an arbitration award following a dispute about defective deck construction. The homeowner argued that the arbitrator’s decision was “fundamentally irrational.” The court rejected that argument.
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Matthew DeVries, BuchalterMr. DeVries may be contacted at
mdevries@buchalter.com
The Dominguez Case and Deed Fraud: Who Criminals Target and How to Protect Yourself Against Fraud
November 04, 2025 —
Lauren P. Merdinger, Ryan D. Konsdorf, Jordin Pettit & Alison Tobin - Snell & WilmerArizonans should be aware of a recent decision from the Arizona Supreme Court that increases consequences for unsuspecting victims of deed fraud. Deeds are official documents that memorialize the owner of real property. When real property is bought, inherited, or otherwise conveyed, the deed is transferred to the new owner, who formally records the document with the county in which the real property exists to signify a change in ownership. However, scammers can create fraudulent deeds by forging landowner’s signatures, purporting to transfer the real property without the rightful owner’s consent. The Arizona Supreme Court’s recent ruling in Dominguez will impact victims of deed fraud moving forward, as it holds that if certain conditions are met, a recorded fraudulent deed can strip landowners of their property rights.
1
The Case
In Estate of Magdalena Rios De Dominguez v. Renee Kay Dominguez, the Arizona Supreme Court was asked to address a family dispute over an unoccupied piece of real property in Maricopa County.
2 In 1995, Magdalena and Isidro Dominguez acquired the property in question. After the couple divorced in 1998, their son Jose and his wife Renee recorded a deed in 2003 purporting to convey the property to themselves, and Jose and Renee began paying the taxes on the property from thereon. In 2020, Magdalena discovered the 2003 recorded deed and claiming it was forged, filed a “quiet title” suit asking the Court to declare her the rightful owner of the property.
Reprinted courtesy of
Lauren P. Merdinger, Snell & Wilmer,
Ryan D. Konsdorf, Snell & Wilmer and
Jordin Pettit, Snell & Wilmer
Ms. Merdinger may be contacted at lmerdinger@swlaw.com
Mr. Konsdorf may be contacted at rkonsdorf@swlaw.com
Ms. Pettit may be contacted at jpettit@swlaw.com
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Texas Granted Primacy Over Class VI Carbon Storage Wells
December 15, 2025 —
Ashleigh Myers, Robert A. James, Michael S. McDonough & Jillian Marullo - Gravel2GavelOn November 12, 2025, the U.S. Environmental Protection Agency (EPA) approved Texas’s request for primacy over Class VI underground injection control (UIC) wells under the Safe Drinking Water Act, authorizing the Railroad Commission of Texas (RRC) to issue and oversee permits for carbon capture and storage (CCS) injection projects. The final rule makes Texas the sixth state to secure primacy over Class VI wells—following North Dakota, Wyoming, Louisiana, Arizona and West Virginia—and marks EPA’s third such approval in the last several months.
By securing primacy, effective December 15, 2025, Texas gains direct regulatory control over the siting, construction, operation and closure of CO₂ injection wells intended for long-term geological sequestration. This authority enables the state to establish permitting criteria, environmental review procedures and monitoring standards tailored to Texas’s unique geologic formations and existing oil and gas infrastructure.
Reprinted courtesy of
Ashleigh Myers, Pillsbury,
Robert A. James, Pillsbury,
Michael S. McDonough, Pillsbury and
Jillian Marullo, Pillsbury
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Mr. James may be contacted at rob.james@pillsburylaw.com
Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
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Traub Lieberman Partners Lauren S. Curtis and Sarah A. Wilkins and Associate Veronica Guerra Win Motion for Summary Judgment
January 21, 2026 —
Traub LiebermanTraub Lieberman Partners Lauren S. Curtis and Sarah A. Wilkins and Associate Veronica Guerra recently won a motion for summary judgment in favor of an insurer in a matter brought before the Unite
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