Jaburg Wilk



Archives / 2015
  • Can I sell my house while my divorce is pending?

    Video Transcription

    Can I sell my house while the divorce is pending?

    If the other party agrees, then yes, you can. However, if they are not in agreement you cannot. It’s important that everyone reads and understands the document filed with the court. Specifically, the preliminary injunctions that are filed with the initial petition for dissolution of marriage. Often the petitioner (the person filing) … Read More

  • Time for an annual "checkup" for you and your company

    By Neal Bookspan

    Last year, many of you probably read my business law blog regarding having a checkup for you and your business. This does not involve the doctor, but it does involve all the other professionals in your personal and business life. Since that time, I decided to make this topic an annual tradition. This is based in part on the range of feedback I received last year.

    Some of you said "What a great … Read More

    Categories: Other

  • Jaburg Wilk delivers truckload of winter items for dogs and cats

    PHOENIX, Ariz. (Dec. 21, 2015) – During the month of December, Jaburg Wilk held a drive for HALO Animal Rescue and the Arizona Humane Society. 

    Jaburg Wilk employees were asked to bring in gently used items that could help dogs and cats stay warm during the winter.  The bed of a full size pick-up truck was filled with blankets, dog beds, towels and toys and they were delivered to Halo Animal Rescue … Read More

    Categories: News Release

  • Do What You Say You’re Going to Do

    By Leslie Rakestraw

    #7 Honor Commitments. Do what you say you’re going to do, when you say you’re going to do it. If a commitment can’t be fulfilled, notify others early and agree upon a new commitment to be honored.

    I chose this principle because my life used to be completely out of balance on this. Of course I showed up for depositions, court hearings and office meetings. How can you be in … Read More

    Categories: Other

  • Disability Discrimination in the Workplace

    The Americans with Disabilities Act, as Amended ("ADA"), and the Arizona Civil Rights Act ("ACRA") require employers with 15 or more employees to provide "reasonable accommodations" to employees with a qualifying "disability." The ADA and ACRA define a "disability" as any physical or mental impairment that substantially limits one or more of a person's major life activities. Common examples of major life … Read More

  • The Department of Labor Takes a Stance in Employee Misclassification Cases

    In a recent article, I warned all employers that government agencies are out to bust them for misclassifying their employees as independent contractors. The prior article discussed the efforts made by the United States Department of Labor (DOL) in partnership with a number of states, including Arizona, to step up the enforcement of laws pertaining to properly classifying employees as employees, rather than … Read More

  • Don't Let Your Communication be an Illusion

    Communication is a singular important matter in all contacts between people. But it does not always happen in a way leading to understanding on the same level between the participants in the conversation.  This is highlighted by a quote that I like:

    "The single biggest problem in communication is the illusion that it has taken place" - George Bernard Shaw

    Do the people you communicate with understand what … Read More

    Categories: Other

  • Listening is More than Simply Not Speaking

    Listening is more than simply "not speaking." Give others your undivided attention.  Set aside your own judgments and preconceived notions. Listen with focus. Most importantly, listen to understand. 

    Since we are entering into the swing of holiday parties and are all sure to engage in conversations with acquaintances new and old, I thought it was a wonderful time to refresh my recollection, as well as … Read More

    Categories: Other

  • StartupConnect AZ Conference for Entrepreneurs

    Phoenix, AZ (Nov. 30, 2015) --  The Arizona Technology Council is hosting their annual StartupConnect AZ Conference which will be taking place on Wed. December 9, 2015 at ASU SkySong, 1475 N. Scottsdale Rd. 

    This annual event was created for entrepreneurs looking to start, grow, or sell a venture. Attendees will hear 50 successful CEOs and Executives divulge their secrets, solutions and regrets. Notable … Read More

    Categories: News Release

  • Issues in Gray Divorces

    The divorce rate in the United States has been dropping during the past 20 years. However, divorce among spouses over 50 years old has doubled since 1990! The surge has spawned the term “gray divorce” for these older divorcing spouses. While many of the issues divorcing seniors face are similar to their younger counterparts, there are unique issues in gray divorces including the availability of Social … Read More

    Categories: Family Law, Article

  • Jaburg Wilk ranked in 2016 "Best Law Firms”

    Phoenix, AZ (Nov. 16, 2015) --  Phoenix business law firm Jaburg Wilk has been ranked in the 2016 U.S. News - Best Lawyers® "Best Law Firms" list nationally in one practice area and regionally in eight practice areas.

    Firms included in the 2016 "Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking … Read More

    Categories: News Release

  • Negotiating a Lease Renewal Option

    Most tenants and their real estate agents who negotiate commercial leases accept that many of the terms in the landlord’s “form” lease favor the landlord.  One term, however, that favors only the tenant, and which every commercial tenant should seek to include in their lease, is an option to extend the lease term.  The reason that said term is only for the benefit of the tenant is that … Read More

    Categories: Real Estate, Article

  • Treat Clients' Money As If It Were Your Own

    Think about the cost of pleadings and depositions. Avoid unnecessary hand deliveries, overnight mail, etc. and only authorize work and expenses that have a demonstrable benefit to the client.

    So Jaburg Wilk has a unique cultural, as do all businesses. But the difference is that we have captured the essence of our firm in The JW Way. These are the foundation of our business and inform how we operate, including how … Read More

    Categories: Other

  • Who Pays for Mediation?

    When parties are unwilling or unable to resolve a dispute, a viable option for resolution is mediation. Mediation is a negotiation facilitated by a neutral third party known as the mediator. A mediator helps parties reach resolution. Mediation is usually a voluntary process, although sometimes it may be required by the court. Who is responsible for paying for the mediation? Experienced mediator and litigation … Read More

    Categories: Other

  • Deliver Outstanding Legal Advice

    I am proud of many of the values and behaviors that define the JW culture, but I’m most proud of our focus on delivering great legal service and advice in a cost efficient manner. This goes to the very core of what clients want from their attorney and the heart of our deliverables to our clients. We employ numerous other JW Way Fundamentals to achieve success with this Fundamental.  In fact, in going … Read More

    Categories: Other

  • The Death of the Individual Independent Contractor: A Growing Trend Points to an Uncertain Future

    It should come as no surprise that the workplace environment is rapidly changing. In the past, many industries have routinely hired temporary or part time workers and called them independent contractors.  After all, it is a lot easier and saves money.  But those days may be changing.  Changes in policy and stepped up enforcement now make it highly risky for any employer to classify any individual … Read More

    Categories: Employment, Article

  • Have Fun, That is an Order!

    "Have fun, it won’t hurt, I promise." - C. Cole Crabtree

    We all know you can’t force someone to have fun at work.  “And having fun at work isn’t always appropriate, and it certainly doesn’t jive with everyone’s work style.  But what you can do is give employees the chance to learn how to have fun effectively.” -Shana Lebowitz,  My Office is Awesome: Why … Read More

    Categories: Other

  • Stretching Copyright Law Too Far: A Sequence of Yoga Poses Are Not Copyrightable

    A recent case decided by the Ninth Circuit Court of Appeals, which is the federal appellate court for Arizona and California, has made a predictable determination that a sequence of yoga moves cannot be protected as intellectual property.   

    Earlier this month, the Ninth Circuit ruled that a series of yoga poses and breathing exercises are not entitled to copyright protection. The case, Bikram … Read More

    Categories: Intellectual Property, Article

  • Jaburg Wilk is Partnering with Apple Inc. to Present Tips on Building Your Own BYOD Program in the Workplace

    PHOENIX, Ariz. (October. 21, 2015) – Jaburg Wilk attorneys Neal Bookspan and Laura Rogal will be presenting a free seminar on the importance of implementing a ‘Bring Your Own Device’ (BYOD) Program in the workplace at the Apple Store, Biltmore (2502 E. Camelback Rd) on Wednesday, October 28th from 8 a.m. to 9:30 a.m. 

    Attendees will learn how to establish a BYOD policy, security and device … Read More

    Categories: Business & Corporate, Employment, Intellectual Property, News Release

  • Are You Really Divorced? Lamar Odom’s Life Placed in Khloe Kardashian’s Hands

    By Jason Castle

    Lamar Odom, an NBA basketball star was recently discovered in a Nevada brothel unconscious and in critical condition. He was rushed to the hospital whereby a number of drugs were discovered in his system and he was being held in ICU. Lamar was married to Khloe Kardashian, but thought he was divorced in July, which was not accurate and why it mattered.

    For background purposes, Khloe filed for … Read More

    Categories: Family Law, Article

  • Legal Options for Defending Your Online Reputation

    Warren Buffett once said, "It takes 20 years to build a reputation and five minutes to ruin it".  That was said before the Internet era.  Today a defamatory tweet, blog post or Facebook posting can tarnish a reputation that you've carefully built over your career.  When you or your company have been defamed online, there are legal options available to help remedy the situation.  Phoenix … Read More

    Categories: Defamation

  • Why You Need to Learn About BYOD

    Some of you may be saying to yourselves, “What is BYOD and why do I need to learn about it?” The answer is because it is 2015 and each of us is carrying around a computer in the form of a phone in our pocket or purse, not to mention all of the iPads, Surfaces, laptops, etc. So what exactly is BYOD?

    BYOD is the acronym for “bring your own device”, which refers to employees who bring their own … Read More

    Categories: Internet and Technology

  • Monkeying with Copyrights: Who Owns the Monkey Selfies? A Lesson in Copyright Ownership

    By Maria Crimi Speth & Aaron K. Haar

    People for the Ethical Treatment of Animals (PETA) recently filed a copyright infringement lawsuit on behalf of a crested macaque monkey, who famously snapped a smiling selfie of himself using wildlife photographer David Slater's camera. The lawsuit alleges that the monkey, named Naruto, owns the rights to the selfies and that Slater is infringing on those rights by … Read More

  • You Must Take Action to Expand Your Network and Control Your Destiny

    So my question to you is are you green and growing or ripe and rotting? No, you are not a vegetable or a piece of fruit, but you either are taking action to improve yourself and your business or you are not. The difference is like that between talk and action. Knowing what to do and doing it are not the same. 

    You also need to think about whether whatever your doing is achieving your desired results. If not, … Read More

    Categories: Other

  • Expert Witnesses: Who Needs ’Em?

    By Matt Anderson, Esq.

    Clients often ask whether retaining an expert witness is necessary in their case.  And they are wise to ask, because experts are a critical part of many cases, but not all. As attorneys, we often retain an expert "because we can" or "because that's how we always litigate this type of case."  But often we fail to ask ourselves the only question that matters: will … Read More

    Categories: Litigation, Article

  • You Must Have Substance Because Reputation Matters in the Long-Run

    You might be able to baffle people with you know what initially, but it won't last if you are all flash and no substance.  If you make a sale by saying the right things, but don't have the employees or equipment to correctly and timely get the job done, it will be the last time you work for that customer, or anyone that customer tells of your failure. You likely will lose business you will never know you lost. … Read More

    Categories: Other

  • What Have You Done to Improve Yourself?

    JW Way #17 - Be relentless about continuous improvement.

    Be a “lifetime learner.”  Continually invest in your own education, both formally and informally.  Never stop improving your legal, technical and personal skills.  Excellence is a journey, not a destination.

    This fundamental encourages us to become better at our jobs, better in our community, and indeed better people.  Like … Read More

    Categories: Other

  • Maria Crimi Speth to Present Legal Traps on the Internet

    Maria Crimi Speth and Arizona Technology Council’s  Startup and Entrepreneurship Committee will be presenting ‘It’s a (VIRTUAL) Jungle Out There! Legal Traps on the Internet’, on Thursday Oct. 1 from 11:30 a.m. to 1:00 p.m. at the Unexpected Art Gallery located at 734 W. Polk, Phoenix, AZ 85007. 

    Attendees will learn how to avoid common, costly mistakes when launching apps or … Read More

    Categories: Intellectual Property, Internet and Technology, News Release

  • Phoenix Law Firm Cooks Dinners at Ryan House

    Phoenix, Arizona (Sept. 14, 2015) - Phoenix business law firm Jaburg Wilk cooked two dinners for children and their families staying at Ryan House. 

    Ryan House is a palliative and respite care facility that addresses the emotional, spiritual and social needs of children and their families as they navigate life-limiting or end-of-life journeys.  

    Jaburg Wilk’s first group cooked spaghetti and … Read More

    Categories: News Release

  • Do Employers Have to Pay their Employees?

    Q: Do Employers have to pay for all time worked?

    A: Absolutely. The law has been clear for many years that if an employer engages an employee to work, they must pay for all time worked. 

    Q: Do employers have to give breaks and are they required to be paid?

    A: In Arizona, surprisingly there is no law that requires employers to give their employees mandatory breaks. If an employer does give a short break (15 … Read More

    Categories: Employment

  • What Will be Done Eventually Should be Done Immediately. Organize Yourself!

    Don’t be a sloth! Delay rarely helps in any situation. We know disorganization leads to disaster. It not only can make you late on your commitments, it can adversely affect your business and personal life.

    We live in a “what have you done for me lately” world that demands that expectations not just to be met, but exceeded. You can do this by setting expectations you know you can meet and … Read More

    Categories: Other

  • Respect the Need to Balance Professional Independence and Firm Consistency

    JW Way #14 – Respect the need to balance professional independence and firm consistency.

    While we’ve all developed our own ways to be successful, it’s also important for us to maintain firm consistency in many areas, and to follow firm policies for the best interests of the organization as a whole.

     Applying generalized descriptions to any one group of individuals, whether it is as a … Read More

    Categories: Other

  • Practice Blameless Problem Solving

    JW Way #12 - Practice blameless problem solving.

    Blame has no place in our firm. Fix errors by focusing on solutions, not assessing blame.  Learn from mistakes and use that knowledge to improve our processes.  Without mistakes, there is no learning.

    I believe maturity (intellectual and emotional) is key to successfully practicing blameless problem solving. But let's begin with a simple, immature " … Read More

    Categories: Other

  • Phoenix Law Firm Provides Water to Homeless Individuals

    Phoenix, Arizona (Sept. 3, 2015) - Phoenix business law firm Jaburg Wilk provided over 4,000 bottles of water to Phoenix Rescue Mission for their Code Red Summer Heat Relief project. 

    During the summer when temperatures are in the triple digits, life on the streets goes from unbearable to deadly. Homeless individuals need water to survive summer on the streets. 

    “The recent record heat wave created … Read More

    Categories: News Release

  • Eight Jaburg Wilk Attorneys Named to 2016 Best Lawyers® in America List

    Eight Jaburg Wilk Attorneys Named to 2016 Best Lawyers® in America List

    PHOENIX, AZ, (Sept. 1, 2015)- Jaburg Wilk is pleased to announce that eight lawyers have been named to the 2016 Edition of Best Lawyers, the oldest and most respected peer-review publication in the legal profession.

    Lawyers on the Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by … Read More

    Categories: News Release

  • 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 of the case … Read More

  • Why Mentoring Matters

    Most of us had a formal or informal mentor, or maybe even more than one, over the years, who helped us along the way. What you learned may have related to your professional life, or to more general life issues, or both. But either way, the importance of a good mentor mentee relationship cannot be ignored.

    The basis of the mentor mentee relationship is support and trust. It is an exercise in listening for the … Read More

    Categories: Other

  • 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. Handbooks are also typically … Read More

    Categories: Employment, Article

  • Why Commitment Matters

    You have to do what you say you are going to do. Period. If you don't, people you deal with will not trust what you say and probably not bring you their business or deal with you in the future.

    Part of commitment is trust. Are you overselling just to get the job? What are the odds that if you do, you have any chance to succeed? The answer is simple, slim to none. And once you lose someone's trust, all is lost. … Read More

    Categories: Other

  • How Important is Communicating to be Understood?

    Can the misunderstanding of a few words literally mean the difference between life and death? 

    In 1977 at foggy Tenerife in the Canary islands, the captain of a KLM flight thought that the air traffic controller had cleared him to take-off. But in fact, the controller intended only to give departure instructions, not clearance for take-off. Although the language spoken between the Dutch KLM captain and the … Read More

    Categories: Other

  • Leave Your Ego at the Door

    Ego is defined a number of ways by psychologists, but in general terms, ego is an individuals sense of self-esteem or self-importance. However, being egotistical is generally considered negative, while having a high level of self-esteem is considered positive. What is the difference? An egotistical person derives his or her self-worth from external factors (feedback from others).  A person with high self- … Read More

    Categories: Other

  • 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 $1,500 non-refundable deposit. The … Read More

    Categories: Real Estate, Article

  • Act with Integrity

    At times, we all face decisions that involve choosing between what we want to do and what we should do. The decision point often involves making more money on the one hand verses doing "the right thing" on the other hand. I relate these decision points to the old cartoons where the cartoon character would have the devil on one shoulder telling him/her what to do and the angel on the other shoulder.

    And while the … Read More

    Categories: Other

  • 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 can be divided … Read More

    Categories: Family Law, Article

  • Honoring Commitments

    By Lindsay Preach 

    JW Way #7- Honor Commitments- Do what you say you're going to do, when you say you're going to do it. If a commitment can't be fulfilled, notify others early and agree upon a new commitment to be honored. 

    Pat Riley is widely regarded as one of the greatest coaches of all time. He served as the head coach of five NBA championship teams, was an NBA All-Star head coach 9 times and … Read More

    Categories: Other

  • 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 lacks … Read More

    Categories: Employment, Article

  • Manage Expectations

    Manage expectations. Establish mutually agreeable expectations as to the time, expense and goals of every engagement.   Let clients know what to expect and when.  Clients should not be surprised. 

    In preparing this week's message, I reviewed the previous weekly messages on Managing Expectations (ME). What was most striking was that the previous authors emphasized different aspects of ME- … Read More

    Categories: Other

  • 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 … 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 … Read More

    Categories: Family Law, Article

  • Walk in Your Client's Shoes

    I'm sure you are all familiar with the "Golden Rule", but do you know the "Platinum Rule"? It is "Treat others as THEY want to be treated"!! This is an extremely important difference, especially for attorneys that have been practicing for a number of years. It is important to remember, that you can't treat people the way they want to be treated,  unless you "put yourself in their shoes". 

    After years of … Read More

    Categories: Other

  • Relocation – Mission Impossible?

    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 judges to permit … 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

  • Supreme Court Strikes Down Law That Required Hotels To Comply With Warrantless Police Requests For Guest Registries

    By Matt Anderson

    On June 22, 2015, in a 5-4 ruling, the U.S. Supreme Court in City of Los Angeles v. Patel struck down a Los Angeles Municipal Code that required hotel operators to provide guest registries to police upon demand, and without a warrant. Under the ordinance, a hotel operator who refused to turn over registries could be immediately arrested and charged with a misdemeanor.

    The Court's opinion turned … Read More

    Categories: Article

  • Is There a Presumption in Favor of Equal Parenting Time?

    By Mervyn T. Braude

    A.R.S. §25-103 provides as follows:

    25-103. Purposes of title; application of title

    A. It is declared that the public policy of this state and the general purposes of this title are:

    To promote strong families;

    To promote strong family values.

    B. It also is the declared public policy of this state and the general purpose of this title that absent evidence to the … Read More

    Categories: Family Law, Article

  • 5 Easy Steps to Derail Your Attorney/Client Relationship

    When clients come to me for legal advice, I assume they will consider my advice, if not follow it.  However, for sake of argument, let's say you are different and you want to know the best ways to negatively impact the attorney/client relationship.  In my opinion, there are five ways to get your relationship off to a bad start, or if it was going well, to insure that it gets worse.   For both … Read More

    Categories: Litigation, Article

  • Follow the CC&R's Because it's the Rules!

    There are seemingly two types of people who live in houses or condominiums that are subject to rules and regulations, known as Codes, Covenants and Restrictions, or "CC&R's."  There are those who live there because there are CC&R's, and there are those who live there despite the fact that there are CC&R's.  The concept behind CC&R's is quite simple.  If a group of people who own … Read More

    Categories: Real Estate, Article

  • Jaburg Wilk Insurance Law Group Continues to Grow

    PHOENIX, Ariz. (June 4, 2015)- The law firm of Jaburg Wilk announced that Matthew T. Anderson joined the firm as a Partner. He concentrates his practice on the defense of retailers, restaurants, and hospitality entities, and health care matters.  He also handles high-exposure litigation involving catastrophic injury, product liability, wrongful death, and professional liability. 

    Anderson’s clients … Read More

    Categories: News Release

  • Don't Burn Bridges! Reputation is Everything!

    A friend recently was telling me about a long-time co-worker who not only resigned, but did it in a way that burned all bridges and goodwill with the former employer and most co-workers at a good sized company. I understand people get mad, disagree and are frustrated at times, and certainly when leaving a company, but even when your are dealing with the short-term, you have to think about the long-term.  If … Read More

    Categories: Other

  • 10 Tips to Giving and Receiving Feedback

    By Brenda Edwards

    Evaluations are like report cards. They are perceived as an indicator of performance and, as such, a great amount of importance may be placed on an evaluation. However, the purpose of an evaluation is multi-pronged. It is to provide feedback, celebrate victories and growth, present areas of opportunity and to plan. If there has been consistent and open feedback, there should never be a surprise … Read More

  • Arizona Reduces Punitive Damages in Insurance Bad Faith Case Again: Arellano v. Primerica Life Insurance

    In Arellano v. Primerica Life Insurance Company, 235 Ariz. 371, 332 P.3d 597 (App. 2014), despite finding an insurer's conduct moderately to highly reprehensible, the Arizona Court of Appeals recently reduced a punitive damages award from $1,117,572 to $328,000—a 4:1 ratio to bad faith compensatory damages of $82,000. In so holding, the Court of Appeals continues Arizona's trend of reducing punitive damages … Read More

    Categories: Insurance Litigation, Article

  • Seven Jaburg Wilk Attorneys Named 2015 Southwest Super Lawyers

    Phoenix, Arizona (May 18, 2015) - Phoenix business law firm Jaburg Wilk has seven attorneys listed as 2015 Southwest Super Lawyers. The 2015 edition of Southwest Super Lawyers magazine lists attorneys –Lawrence Wilk, Neal Bookspan, Roger Cohen, Mitchell Reichman, Lauren Garner and Nathan D. Meyer as “Southwest Super Lawyers.” Laura Rogal is a “Southwest Rising Star.” 

    Recognition … Read More

    Categories: News Release

  • Critical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects

    Cemex v. Falcone Bros.

    On April 30, 2015, Arizona's most common construction industry practice for serving a Preliminary Twenty Day Notice ("Prelim") on an Arizona public project—first class mail with certificate of mailing—was invalidated by the Arizona Court of Appeals in Cemex Construction Materials South, LLC v. Falcone Brothers & Associates, Inc.  In Falcone Bros., the … Read More

    Categories: Construction, Article

  • Be a Mentor

    Fundamental No. 18 - Be a mentor.  Take responsibility, both formally and informally, to coach, guide, teach, and mentor others.  Contributing to the success of others enhances your own success and well-being, as well as the firm's.

    I have heard this refrain from numerous new JW employees: "Everyone is so nice and helpful!" Such comments reflect an aspect of the JW Way that has grown organically … Read More

    Categories: Other

  • Arizona's "Whistleblower" Laws: Tread Carefully

    A "whistleblower" is someone who reports to management (or in some cases state and federal agencies) that they believe someone in their company is engaged in illegal conduct. There are numerous federal statutes that provide remedies to employees who are terminated or retaliated against for "blowing the whistle." For example, the Sarbanes Oaxley Act prohibits publicly traded companies from discriminating against an … Read More

    Categories: Employment, Article

  • Jaburg Wilk Welcomes Real Estate and Commercial Litigation Attorney

    PHOENIX, Ariz. (May 4 , 2015)- The law firm of Jaburg Wilk announced that Tom Moring joined the firm as a Partner whose practice emphasizes complex real estate and commercial disputes.

    Moring has extensive experience in managing and performing all aspects of litigation.  He began his career at one of the largest law firms in the country before founding his own practice in 2006. He looks forward to being able … Read More

    Categories: News Release

  • Employers Beware! Government Agencies Are Out To Bust You For Misclassifying Your Employees As Independent Contractors

    Both federal and state labor authorities are hot on the trail of companies who hire employees and call them "independent contractors."  The United States Department of Labor (DOL) has entered into a Memorandum of Understanding with a number of states, including Arizona, mandating the enforcement of laws pertaining to properly classifying employees as employees.  The DOL and these states have made this … Read More

    Categories: Employment, Article

  • Why Being at Work, While Anticipating Fun, Or Make Life/Work Balance a Goal

    Some of you may be asking, what does he mean? Some of you may be saying, life/work balance, good luck! What I mean is being on the edge of having fun, vacation, just not working for a day, etc. What I'm really talking about his life/work balance.

    We all work hard. At least I like to think that we do. One of the things that helps me stay focused at work is the knowledge that I have planned breaks, whether taking a … Read More

    Categories: Other

  • Don't be a Jerk - Always Take the High Road

    By Ash Langenberg

    Maintain professionalism at all times. Keep emotions under control. Advocating forcefully for the interest of our clients does not require bullying, condescension, foul language, or temper tantrums. This applies to co-workers, opposing counsel, and vendors. Be a "mensch".

    This week's JW way really intrigues me. I have often wondered how some people can't see the effects their words and actions … Read More

    Categories: Other

  • What is a "Non-Disparagement" Clause and Why You May Not Want to Sign One

    By David Farren

    You settle your case, and the defendant agrees to pay you a lot of money. All that’s left to do is to sign a “standard” settlement agreement prepared by the defendant’s attorney. You get to page 10 and see a paragraph titled “No Disparagement.” You see that this means neither party will “disparage” the other . . . ever. You call your attorney, who … Read More

    Categories: Employment, Article

  • Why are Life and Business so Taxing?

    Yes, I know the title is a bit cheesy, but it is April 15, and, of course, I mean something else: Why is it so hard to be successful?

    Life is hard. Work is hard. Business is hard. Being successful is hard, let alone getting "ahead." And working hard doesn't mean you will be successful or get ahead, but it sure doesn't hurt.

    You need to put in time and do so smartly, whether in your business or personal life. & … Read More

    Categories: Other

  • Arizona’s New Construction Defect Law is Effective the Summer of 2015

    On March 23, 2015, Arizona Governor, Doug Ducey, signed into law House Bill 2578. This new legislation relates specifically to Arizona's construction defect claims and revises the Purchaser Dwelling Actions statute - ARS § 12-1361, et al. The new law is effective the summer of 2015.

    The intent of this new law is to limit the number of construction defect lawsuits brought by homeowners. However, expansion of … Read More

    Categories: Construction, Article

  • Jaburg Wilk Shareholder to Perform at Rats Rods & Rock N’ Roll Event

    Phoenix, AZ (April 7, 2015)- Jaburg Wilk Shareholder and member of Los Huevos Surf Band Roger Cohen will be performing at ‘Rats Rods & Rock N’ Roll’ Car & Bike Show on Saturday, April 18th from 9 a.m. to 1 p.m. at Superstition Harley-Davidson located at 2910 W. Apache Trail, Apache Junction, AZ 85120. 

    ‘Rats Rods & Rock N’ Roll’ is an event hosted by … Read More

    Categories: News Release

  • We're in a Business to Serve Clients Profitably

    There are attorneys and firms that think of themselves as "professionals" and ignore the business aspects of practicing law and there are attorneys and firms that only think about making money. We are neither! We are professionals that understand that you make money by creating a great client experience, which translates to "happy clients" that want to pay their bills. 

    Creating a great client experience … Read More

    Categories: Other

  • Behavioral Health Billing Alert

    Providers of behavioral health services should be aware that the fifth edition of the American Psychiatric Association's Diagnostic and Statistical Manual (DSM-5), released in May 2013 after more than ten years in preparation, contains references to International Classification of Diseases version 9 (ICD-9) codes, and not to the newer ICD-10 codes.  No publication date for a sixth revision of this Manual has … Read More

    Categories: Healthcare, Article

  • Why Continuity Matters

    It may be All About That Bass this year, but will any of us remember Meghan Trainor next year?

    No one plans to be a one hit wonder. Whether in music or business. We are overloaded in every field of business and all professions. The goal is to sustain your business or career over time.

    You do this by nurturing relationships and doing both short term, mid-term and long term planning. If you are not sure where to … Read More

    Categories: Other

  • Demonstrate Respect

    There are so many ways to show respect (and an equal number to show disrespect)....where to start? I think a good place is with a number of the JW Way Fundamentals we've implemented here at the firm.  

    #5 Listen Fully - giving people your undivided attention (how does it feel when you can tell the person you are talking to is typing, reading email or thinking of something else!!)  Make … Read More

    Categories: Other

  • Why it is Crucial to Designate a HSA Beneficiary

    As high deductible health insurance plans are becoming more popular, an important component is health savings accounts (HSA).  In addition to having current tax advantages, there is specific tax treatment of HSA accounts upon the death of the account holder.  While not a requirement for HR departments, here is a quick tip that employees may find valuable.   

    All participants in a qualified … Read More

    Categories: Employment, Article

  • Why Self-Confidence is Important

    If you don't believe in yourself, who will? Self-confidence comes from inside you, not from others. And confidence and cockiness do not have to go together. If you think you know everything, you don't.

    If someone is tooting their own horn too much, it is likely they really are insecure. Most successful people play down their accomplishments.  So do you want to spend time with the insecure egotistical person … Read More

    Categories: Other

  • Options and the Right of First Refusal in Commercial Leases

    In commercial leases, it is common for the tenant to be given the "option" to continue to lease their premises for a new term commencing immediately upon the expiration of the existing term.  Although the option only favors the tenant, who has the sole right to either exercise or decline to exercise it, there is usually little reason for a landlord to refuse to give such right to the tenant, in that under … Read More

    Categories: Real Estate, Article

  • Communicating to Be Understood

    The purpose of communicating - whether it's oral, written, sign language or Morse code - is that both parties understand what is being said.  It is primarily the sender's responsibility to ensure that the recipient receives and understands the communication.    

    The techniques used by excellent communicators vary.  The following 8 tips are effective and frequently used by great communicators:& … Read More

    Categories: Other

  • Frequently Asked Questions: Attorneys’ Fees and Costs in Divorce Cases

    I don't want the divorce; why should I have to pay for it?

    We all have expenses for things that we do not anticipate. We do not intend to get sick or hurt; however, if we need medical attention, we are required to pay the medical bills. If you are involved in a divorce and elect to be represented by counsel, you are expected to pay for those legal services even if you have no desire to be divorced.

    Why do … Read More

    Categories: Family Law, Article

  • Why is my Divorce Lawyer Friendly with the Opposing Lawyer?

    You may be surprised that most divorce lawyers in Phoenix get along rather well.  Many times clients have a difficult time understanding that two lawyers, with diametrically opposed positions and clients, can have a good laugh or conduct themselves in a professional manner.  In spite of what you may hear, it is usually to your benefit when both lawyers are civil with one another.  Stipulations, … Read More

    Categories: Family Law, Article

  • What Should I Bring to My First Meeting With My Divorce Lawyer?

    How can I make the most of my first meeting with my lawyer?

    Be prepared and organized. Bring basic information such as a simple statement of assets and liabilities, tax returns for the past three years and it is recommend that clients bring notes with bullet point topics they would like to discuss and questions they seek to have answered. 

    Should I bring all of my records to the first meeting?

    No. In the … Read More

    Categories: Family Law

  • Do I Need Permission to Use Photographs from Google Images?

    One of the biggest mistakes made is that people assume that if a photograph comes up on Google Images then it must be public domain or free game to use on their website. This is absolutely not correct. 

    You MUST have permission to use any photograph you find on the internet. The fact that it came up on Google Images does not mean anything, as Google is just a way to find images. 

    If you do not have … Read More

    Categories: Intellectual Property

  • 9 Tips to Help Employers Avoid Violations of the Fair Labor Standards Act

    Wage and hour law is complex.  Compliance is challenging, and although a company may have both processes and policies in place, a manager or supervisor can put the company at risk for unpaid wages if they are not familiar with all of the requirements of the Fair Labor Standards Act ("FLSA").  There can be ambiguity as to what time is compensable.  For example, when does a work day begin and end? & … Read More

    Categories: Employment, Article

  • Phoenix IP Attorney to Present at Phoenix Startup Week

    Phoenix, AZ (Feb. 23, 2015) - Jaburg Wilk Intellectual Property and Internet Law attorney Laura Rogal will be presenting at Phoenix Startup Week on Thursday, February 26th from 2:00 p.m. to 2:30 p.m. at Axosoft, located at 13835 N. Northsight Blvd. Ste. 205, Scottsdale, AZ 85260. 

    Phoenix Startup Week is a five day celebration of the Phoenix entrepreneurial community comprised of over 130 free events created … Read More

    Categories: Intellectual Property, News Release

  • Honor Commitments: Do what you Say You're Going to Do

    By Lindsay Preach and Sandy Foster

    JW Way #7: Honor commitments.  Do what you say you're going to do, when you say you're going to do it.  If a commitment can't be fulfilled, notify others early and agree upon a new commitment to be honored.

    Many people believe Michael Jordan is the greatest basketball player of all time. A 6 time NBA Champion, 6 time NBA Finals MVP, 5 time NBA MVP, 14 time NBA … Read More

    Categories: Other

  • What Can You Learn to Help You Do What you Do?

    I read a good quote recently, actually in an email from a friend to other managers in a fantasy football league I am in.  Of course it might have been part of some smack talk that was going on, but it brought to mind a truth: continuous learning and training makes for a better and more interesting work place.

    The quote is "Everyone is born a genius, but the process of living de-geniuses them."  It is by … Read More

    Categories: Other

  • “You must be the change you wish to see in the world.” - Mahatma Ghandi

    We are fortunate to be part of such an incredible community that continues to improve and thrive. At Jaburg Wilk, we are committed to making a difference and "being the change".  

    2014 was a great year, as we were able to assist a plethora of organizations, (See our Community Page for details) as well as launch the 'Give a Day, Get a Day' community service program. Our staff employees have 8 … Read More

  • Jason Castle Named Pro Bono Attorney of the Month

    PHOENIX, Ariz. (Feb. 5, 2015) – Jason B. Castle, a partner at Jaburg Wilk has been named Outstanding Pro Bono Attorney of the Month by the Volunteer Lawyers Program. 

    The Volunteer Lawyers Program is a joint project of Community Legal Services Inc. and the Maricopa County Bar Association. This program consists of lawyers who volunteer their time to provide legal assistance to low-income Maricopa County … Read More

    Categories: Family Law, News Release

  • Is That Job Right For You Or Are You Right For That Job?

    Jobs are becoming more plentiful in our recovering economy. Potential employees may have the luxury of selecting between alternate jobs or may pass on a job with the expectation that a better one will come next. People may no longer have to take the first job that comes their way in order to put food on the table. And, if someone needs a job, sometimes that job offer may not be the right one.

    Before accepting a … Read More

    Categories: Employment, Article

  • Guidelines to Dealing with Children During Your Divorce

    Divorce is not just stressful on the parents, but can also create a great deal of uncertainty and confusion in your children.  The behavior of parents before and after divorce has a critical impact on the emotional adjustment of their children.  The following guidelines should be helpful:

    Put your children's welfare first.  Never use your children as a weapon against your spouse.

    Be sure your … Read More

    Categories: Family Law, Article

  • Listening is More Than Simply "Not Speaking"

    JW Way #5  Listen Fully.  Listening is more than simply "not speaking."  Give others your undivided attention.  Set aside your own judgments and preconceived notions.  Listen with focus.  Most importantly, listen to understand. 

    Listening fully may be one of the best gifts you can give your client, colleagues, friends, family and yourself.  It is a powerful tool.   … Read More

    Categories: Other

  • How do I 'Take Title' When Acquiring Real Estate?

    While it is true that you most often cannot tell much about a book by its title, the same does not hold true when it comes to real estate, as how title is held to real estate, does tell you a lot.  The question faced by a person acquiring real estate in Arizona concerning how they wish to take title is usually posed to them by their real estate agent or by the title company during the escrow process.   & … Read More

    Categories: Real Estate, Article

  • Protect Your Writings with Maria Crimi Speth

    PHOENIX, Ariz. (Jan. 22, 2015)- Join Maria Crimi Speth, Intellectual Property attorney at Jaburg Wilk and author of Protect Your Writings for an informative presentation about laws affecting writers and their creative work on Saturday, January 31st from 2 p.m. to 6 p.m. at city of Glendale's 20th annual Chocolate Affaire located at 58th Ave. and Glendale Ave.

    Attendees will learn about the laws … Read More

    Categories: Intellectual Property, News Release

  • Frequently Forgotten Divorce Asset

    Loss carry-forward is a frequently forgotten asset in divorces.  Whether the loss arises from the operation of a business (Net Operating Loss) or sale of stocks (capital loss), it is a valuable asset which may be used to offset either future income or capital gains.

    Currently, the Internal Revenue Code restricts claiming capital losses in excess of capital gains up to $3,000. However, since losses can be … Read More

    Categories: Family Law

  • Why Embracing Change is Important

    By Sharon Kuller and Jill Kubek

    "If you don't like something change it; if you can't change it, change the way you think about it."   ~Mary Engelbreit

    Change – for some a "four letter word".  Change can create fear, uncertainty, and doubt.  It is an emotional experience.  Many of us approach change with a negative view, ignoring the positive growth that may come. Change happens every … Read More

    Categories: Other

  • How Does Debt Work in a Divorce?

    Divorce includes the division of assets and debts. Frequently, it is easier to divide assets than to divide debts. Both credit (including store) cards and mortgages present unique problems when divorcing.

    Creditors, such as banks and lending institutions, are not bound by the terms and conditions of a divorce decree and property settlement agreement. The third party lender considers both borrowers to be … Read More

    Categories: Family Law, Family Law, Article

  • Phoenix Attorney Appointed Vice Chair of SARRC

    PHOENIX, Ariz. (Jan. 5, 2015)- Phoenix business law firm Jaburg Wilk Managing Partner Gary Jaburg has been appointed Vice Chair of the Southwest Autism Research and Resource Center (SARRC), effective January 1, 2015.

    Gary joined SARRC after attending its annual breakfast seven years ago, where he discovered the large impact SARRC makes on those affected with autism. He has been a member of the Board of Directors … Read More

    Categories: News Release