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Message: <blockquote data-quote="irdeggman" data-source="post: 5650128" data-attributes="member: 16285">As long as the "condition" exists the rogue can sneak attack.In this case the condition is that the opponent is denied their dex bonus to AC.As pointed out if the rogue is hidden to the opponent he is "invisible" to that opponent.  The Rules Compendium made that rules change (that the opponent consideres the rogue invisible).Being invisible also gives the attacker an additional +2 attack bonus as well as denying the target their Dex bonus to AC {something to keep in mind}.As far as your DMs saying that the PCs are not flat-footed as long as they are aware of combat - well have them read the PHB pg 135 under initiative "A character is flat-footed until he or she takes an action." or pg 308"flat-footed: Especially vulnerable to attacks at the beginning of abattle. Characters are flat-footed until their first turns in theinitiative cycle. A flat-footed creature loses its Dexterity bonus toArmor Class (if any) and cannot make attacks of opportunity."The Rules Compendium also has words to this effect.Note that if the DM is saying that once combat starts no one is flat-footed (which is what I read from your text) then there are huge ramifications to this.That means, not only are they not susceptible to sneak attacks but that they can also make AoO - which totally messes with the "positioning" strategy of being able to act first (thus setting up flanking)</blockquote>