Jaburg Wilk

News/Publications

  • Business and Professional Practice Valuation in Divorce

    By Mitchell Reichman 

    The valuation of a business or professional practice in a divorce proceeding requires the resolution of unique issues.  Among the most significant of these issues are the valuation date and the standard of value to be applied.  In Arizona, judges have the discretion to decide these issues by considering specific factors that are typically unique to the particular circumstances … Read More

  • The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

    By David N. Farren 

    Most employers and their legal counsel take pride in rules and policies that have become standard fare in the workplace.  Employee Handbooks almost always contain, and certainly should contain, conspicuous provisions that expressly disavow the existence of any contract of employment or any intent to alter, amend or modify the parties’ at-will employment relationship.   … Read More

    Categories: Employment, Article

  • The Defaulting Seller and a Notice of Lis Pendens

    By David Allen

    After months of searching, you have finally found the house of your dreams, and much to your delight the Seller has accepted your offer of $500,000.  You deposit your $15,000 “earnest money” with the escrow company, and an escrow is opened.  As part of your “due diligence” you spend $1,000 on inspections, and in anticipation of moving, you pay a moving company a $1, … Read More

    Categories: Real Estate, Article

  • What is a Qualified Domestic Relation Order (“QDRO”) and why does it matter in my divorce case?

    By:  Mervyn T. Braude

    As with all community property, retirement assets are subject to equitable division upon dissolution.  Therefore, that portion of any and all retirement assets accumulated during the course of the marriage must be divided.

    There are three primary forms of retirement assets – IRA (Individual Retirement Account), 401(k) and, pension assets.  While the first of these assets … Read More

    Categories: Family Law, Article

  • Significant Changes to AAA's Construction Arbitration Rules Effective July 1, 2015

    Mark D. Bogard

    The American Arbitration Association (AAA) recently issued several significant revisions to its Construction Industry Arbitration Rules, which became effective July 1, 2015. The revised rules apply to construction arbitration cases initiated on or after July 1, 2015. For contracts entered prior to July 1, 2015, most of the revised Rules apply retroactively if the contract contains an arbitration … Read More

    Categories: Construction, Article

  • Top 10 Bad Questions to Avoid When Interviewing a Job Applicant

    By David Farren

    When interviewing job applicants, there are good questions and bad questions. A good question seeks relevant and helpful information about the person applying for the job and about the applicant’s job qualifications consistent with a business necessity for asking the question.  A bad question seeks personal information that is irrelevant to the applicant’s job qualifications and … Read More

    Categories: Employment, Article

  • Impact of Young V. UPS and Steps for Employers

    By Gary J. Jaburg 

    Since 1978, pregnancy and pregnancy related health conditions have been protected conditions under the Pregnancy Discrimination Act (“PDA”).  A recent Supreme Court case, Young v. UPS may increase the ability of pregnant workers to sue their employer for failure to accommodate or disparate accommodation.  Young claimed she had been a victim of both gender and disability … Read More

    Categories: Employment, Article

  • Parenting Post-Divorce

    By Mervyn Braude

    It is frequently a challenge to co-parent after the conclusion of a divorce proceeding.  After all, divorcing parents have often just concluded divorce litigation – replete with allegations of wrong doing – and frequently with difficult financial arguments. 

    The focus of this article is the children.  While frustration, anger, and hurt feelings are often the result … Read More

    Categories: Family Law, Article

  • Relocation – Mission Impossible?

    By: Mervyn T. Braude

    On Friday June 5, 2014, the Maricopa County Bar Association hosted its annual Trial Advocacy Seminar. Each year, the organizers select a topic and create a fact pattern designed to challenge the family law judges that serve on the panel. The 2015 edition was no exception.

    The topic selected for 2015 was relocation under Arizona Revised Statutes Section 25-408, and given the reluctance of … Read More

    Categories: Family Law, Article

  • Jaburg Wilk Announces Newest Partner

    PHOENIX, Ariz. (June 29, 2015) – Jaburg Wilk is pleased to announce that Laura Rogal has been named a partner of the firm. 

    Rogal assists clients with their intellectual property legal needs including internet law, social media, domain disputes and commercial litigation. She has been recognized as a Southwest Super Lawyer Rising Star since 2012. 

    “We are extremely proud that Laura is an … Read More

    Categories: News Release