Jaburg Wilk

News/Publications

  • Damron Agreement or Stipulated Judgment Got You in a Bind? Arizona Supreme Court Considers Binding Effect of Fact Stipulations on Insurers in Quihuis v. State Farm

    In Quihuis v. State Farm, --- Ariz. ---, 334 P.3d 719 (Ariz. Oct. 1, 2014),[i] the Arizona Supreme Court recently held that a stipulated fact in a Damron Agreement that is both an element of liability and essential to establishing coverage does not bind an insurer in subsequent coverage litigation.  In so holding, the Supreme Court clarified that stipulated facts in Damron Agreements regarding liability do bind … Read More

  • How Does Arizona Same Sex Marriage Impact HR?

    By Kraig Marton

    On Friday October 17, 2014, same sex marriages became legal in Arizona. What are the changes that Arizona employers and their HR professionals need to be aware of?

    1. The definition of spouse in employee manuals and handbooks. If a generic definition, such as "spouse" is used, there should not be a need to update. However, if a specific definition was used such as "wife" or "husband" the employee … Read More

    Categories: Employment, Article

  • In a Divorce, What is an Affidavit of Financial Information and why does it Matter?

    An Affidavit of Financial Information (“AFI”) is a family court-approved form that is utilized in divorce cases for a number of purposes primarily where child support, spousal maintenance and/or attorney fees are at issue.

    The AFI is provided under oath and is intended to inform the family court of a party’s overall financial situation including both income and expenses in order to provide the … Read More

  • When In Doubt, Disclose, Disclose, Disclose

    So Joe, who lives and works in Chicago, has decided that he wasn’t getting enough use out of his second home in Scottsdale, located on the 15th fairway of a very challenging golf course, and has, with some regret, put it up for sale.  A buyer is quickly procured, and Joe’s listing broker presents him with form entitled “Residential Seller’s Property Disclosure Statement,” commonly … Read More

  • Sexual Materials and Divorce

    The world of divorce can be a messy and scary place. One area that is problematic is when a couple, during happier times, engaged in filming or photographing nude or sexual acts, which were done merely to illustrate the couples love for one another.  However, once the love is gone and a divorce is pending, possession and ownership of the materials can become a nasty fight. 

    I recently read an article in … Read More

    Categories: Family Law, Article

  • Domestic Violence and Divorce

    Thanks to the NFL these past few weeks, domestic violence has gained national attention and even received a comment from the President of the United States. However, domestic violence (“DV”) is bigger than most American’s realize.  Most of the statistics used to describe the problem are obtained using reported acts, but there are a significant number of acts that never get reported.   … Read More

    Categories: Family Law, Article

  • What is a Subordination, Non-Disturbance and Attornment Agreement, and Why Do I Need One?

    While most commercial leases contain a requirement that the tenant will execute a “Subordination, Non-Disturbance and Attornment Agreement,” commonly referred to a an “SNDA,” a majority of tenants who have signed such leases, and most likely several of the real estate agents who have represented those tenants, would be hard pressed to explain the meaning of an SNDA, and why they are needed by … Read More

    Categories: Real Estate, Article

  • Jaburg Wilk Continues to Grow Insurance and Construction Practices

     PHOENIX, Ariz. (Sept. 29, 2014)- The law firm of Jaburg & Wilk, P.C. announced that C. Cole Crabtree and Erick Durlach both joined the firm as partners, bringing a variety of knowledge and expertise to the firm.

    Crabtree’s practice areas include construction defect, products liability, professional liability, personal injury and general insurance defense litigation. He represents both design … Read More

    Categories: News Release

  • Social Media and Prenuptial Agreements

    Social media has become routine in our society and it is undeniable that social media usage has grown enormously over the last several years in family law. It is also true that prenuptial agreements are growing in utilization as they are being used by a broader scope of society than ever before.  That is why any person considering having a prenuptial agreement drafted should consider including a social media … Read More

  • Five Jaburg Wilk Attorneys Named to 2015 Best Lawyers® in America List

    Phoenix, AZ (Sept. 3, 2014)- Jaburg Wilk is pleased to announce that five lawyers have been named to the 2015 Edition of Best Lawyers, the oldest and most respected peer-review publication in the legal profession.

    Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first … Read More

    Categories: News Release