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Archives / 2016
  • Seek Out and Heed Advice

    You can go it alone, but why? We all need help and guidance. You need to have people to go to with questions, to bounce ideas off of and to sound out ideas. It may be a mentor, a friend, a co-worker, well you get the idea. The key is to have one or more people who you trust to advise you and who you will listen to and consider what they say.  

    You are thinking that is obvious. But is it? Think about who … Read More

    Categories: Other, Blog

  • Do You Know Where Your Data Is Located? Why Knowing is Half the Battle

    Whether you realize it or not, you are probably storing some personal or business data in the cloud. The National Institute of Standards and Technology (NIST) defines cloud computing as a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released … Read More

    Categories: IP Law, Internet and Technology, Article

  • Two People. One Conversation. Did You Both Leave with the Same Understanding?

    We hear and read a lot about listening fully, i.e. listen to what is being said instead of thinking of what to say next or in response; pay attention. This is easier said than done, which results in many people having a conversation and unknowingly walking away with differing understandings of what was spoken about or agreed to. This can lead to many issues, wasted time and work, and erode trust between the people … Read More

    Categories: Business & Corporate, Blog

  • Don’t Forget to Give Back

    Life moves fast. We all have so many commitments in business and personally it can be hard to find time to sit back and relax. Despite this, it is important to commit to give back to your community and those in need. We all know this intuitively, but following through and committing our own time can be difficult.

    But not only is your time and assistance needed by numerous non-profits and those they benefit, you& … Read More

    Categories: Business & Corporate, Blog

  • Celebrity Brands: The Line Between Fair Use and Infringement

    All brand owners are faced with difficult decisions regarding how aggressively to police their brands. The decision is particularly difficult when the unauthorized use is by a loyal customer or fan. While some traditional brands such as Harley Davidson and Tesla have fans; this dilemma is most often faced by celebrities. A cease and desist letter to a loyal fan can show up on social media with negative … Read More

    Categories: IP Law, Intellectual Property, Article

  • Seize the Moment!

             If you have my attention, blow my mind. Impress me and make me want to know more or invest in you or spread what you have shared. Opportunities are everywhere, but you need to treat them like they can be life altering. 

     

            This can be something general like just being nice to everyone. Was that millennial dressed more casual than you think … Read More

    Categories: Business & Corporate, Blog

  • Do I need a Parenting Coordinator?

    Video Transcript:

    My name is Jason Castle. I’m a partner with Jaburg Wilk and my practice area is family law and criminal defense.

    Should I Use a Parenting Coordinator?

    Parenting coordinators are case specific. The first thing I would tell you is to consider what the parenting coordinator actually does, which is they deal with parenting time issues. I typically will describe client’s co-parenting … Read More

    Categories: Family Law, Article

  • How Much Will I Receive in Spousal Maintenance?

    Video Transcript:

    Hi, my name is Larry Hirsch and I practice exclusively in the domestic relations group at Jaburg & Wilk.

    How Much Will I Receive in Spousal Maintenance?

    Talking about spousal maintenance, the great “gray area” in Arizona, dissolution of marriage law. Spousal maintenance has no guidelines. That’s one of the keys that anybody has to understand. So, when a client asks me & … Read More

    Categories: Family Law, Blog

  • Does Your Business Have a Specific Culture?

         

           Does your business have a specific culture? Of course the answer is that it does whether it is conscious or not. For instance, at my firm we have the JW Way. It is a mission statement consisting of twenty one fundamentals. We believe that since making these fundamentals of our firm’s culture a conscious part of our firm it has improved what already was a good … Read More

    Categories: Other, Blog

  • New Overtime Rules Delayed

    In a crucial blow to the Obama administration, a federal judge in Texas granted a nationwide preliminary injunction against the Department of Labor's new overtime rules (“the Final Rule”) that would have, among other things, increased the minimum salary for certain exempt employees from $23,660 to $47,476. The Final Rule was supposed to take effect on December 1, 2016, and many employers had already … Read More

    Categories: Employment, Blog

  • Arizona Prop. 206 Requires a Higher Minimum Wage and Paid Sick Time

    Arizona voters recently passed AZ Prop 206 – the Fair Wages & Healthy Families Act – by a significant margin. Prop 206 increases the minimum wage in Arizona to:

    $10.00 per hour on January 1, 2017

    $10.50 per hour on January 1, 2018

    $11.00 per hour on January 1, 2019

    $12.00 per hour on January 1, 2020

    After 2020, Arizona’s minimum wage will increase according to increases in the cost … Read More

    Categories: Employment, Article

  • Is a Trial my Only Option During a Divorce?

    Video Transcript:

    Hi, my name is Mervyn Braude. I am a lawyer at Jaburg & Wilk. I have practiced in the area of family law for many years and have been certified by the State Bar of Arizona as a Certified Specialist for the past seven or so years.

    Is a Trial my Only Option During a Divorce?

    In a number of cases a trial is necessary. Ultimately the judge will decide your case if you do not manage to resolve … Read More

  • Which Types of Employers are More Likely to Get Sued?

    Video Transcript:

    Hi, I’m Kraig Marton and I do employment law here in the firm.

    Why do you Call Employment Law Alphabet Soup?

    Employers have to know so much when they’re engaged in the field of employment law and there’s so many acronyms that are used that just learning them becomes difficult. There’s things like FMLA, there is USERRA there is COBRA, there is HIPAA, one can go on. Now … Read More

    Categories: Employment, Blog

  • How is Child Support Calculated?

    Video Transcript:

    Hi, my name is Mervyn Braude. I am a lawyer at Jaburg & Wilk. I have practiced in the area of family law for many years and have been certified by the State Bar of Arizona as a Certified Specialist for the past seven or so years.

    What is Legal Decision Making?

    In the past, custody was the term we used to determine who it is that makes legal decisions for the children, whether it’s … Read More

    Categories: Family Law, Blog

  • How Mediation Works in a Divorce

    Video Transcript:

    Hi, I’m Jason Castle. I’m a partner at Jaburg Wilk. My practice areas focus on family law and criminal defense.

    How Does Mediation Work in my Divorce?

    Mediation is a very broad term that we use in relationship to alternative dispute resolution. From a legal standpoint, mediation normally stands for when you have a neutral third party that will intervene with the parties in order to … Read More

    Categories: Family Law, Blog

  • What is Wrongful Termination in Arizona?

    Video Transcript:

    Hi, my name is Kraig Marton. I’m the head of the employment law section at our firm. As such, I represent both employees and small to mid-size employers in all kinds of employment matters.

    What is wrongful termination in Arizona?

    There are a lot of kinds of wrongful termination, the one most common, that most people have heard about is the illegal discrimination, like discrimination on … Read More

    Categories: Employment, Blog

  • Challenge Yourself!

         Not sure what I mean by this? I will explain. I mean set goals, both short term and long term. And once you set the “goal,” which you should do in writing, write the action steps to get there. If you have no roadmap how can you expect to ever find that goal, let alone reach it. One roadmap you can follow is turning your goals into SMART goals:  

    Specific – target a& … Read More

    Categories: Business & Corporate, Blog

  • The Difference Between Arbitration, Mediation, and a Trial

    Transcript of Arbitration Vs. Trial

    Hi, my name is Mitchell Reichman.  I’m a board certified specialist in Family Law and chair of the Family Law Department at Jaburg Wilk.

    Arbitration is different than trial in important ways. First, arbitration occurs in private offices and so the process is confidential. Another way it’s different is if arbitrators are not bound by time constraints that … Read More

    Categories: Litigation

  • Do You Manage Expectations?

    This is so important. In fact, I will venture to say its everything in business and in life. There are three possible outcomes with expectations: (1) exceed expectations; (2) meet expectations; or (3) miss expectations. Two out of three possible outcomes help you maintain clients, customers and business, while the last one likely will lose business or damage relationships.  

    It is better to … Read More

  • What is "At Will" Employment Law?

    Video Transcript:

    Hi, I’m Kraig Marton and I do the employment law here in the firm.

    What is “at will” employment in Arizona?

    At will employment means that an employer can fire an employee any time the employer wants as long as the firing is not for an illegal, improper, bad reason. In turn, the employee can leave anytime they want. It’s a very important principle in the law in Arizona … Read More

  • Don't Talk Too Much!

    We all know that person, the one you meet in a business or personal setting who cannot stop themselves from dominating a conversation or room. They don’t let anyone else say much. When the conversation or meeting is over, you know too much about them assuming they spoke about themselves, which most people like that do, or too much of their personal opinions, and we all know the saying about opinions and … Read More

    Categories: Business & Corporate, Blog

  • What Damages Can an Employee Recover in a Lawsuit from an Arizona Employer?

    If an employee or former employee sues, they may be entitled to many different types of damages, which could amount to a substantial amount. However, that is not always the case. The different kinds of damages an employee can win against an Arizona employer depend on the type of claim, and there are many different kinds of claims. An employee may assert they have not been paid earned wages or they may have been … Read More

    Categories: Employment, Article

  • What is a Whistleblower?

    Video Transcript:

    Hi, I’m Kraig Marton and I do employment law here in the firm.

    What is a Whistleblower?

    A whistleblower is a person who goes to either the media or to a person in the company who can do something about it, and complains about a violation of law or an unethical practice in an effort to make it stop. The whistleblower then gets a claim if the whistleblower is terminated for blowing the … Read More

    Categories: Employment, Article

  • Filing For Divorce: Which State Has Jurisdiction if We Recently Moved?

    Video Transcript:

    Hi, my name is Jason Castle.  I'm a partner at Jaburg & Wilk and my practice area is Family law and criminal defense.

    I Moved From Chicago to Phoenix, Can I File for Divorce in Arizona?

    There are a few questions relating to where to file for divorce. If you just moved here, you’re not going to be able to file for divorce for ninety days. You have to be domiciled in Arizona for … Read More

    Categories: Family Law, Article

  • What is the Family Drug Court?

    Video Transcript:

    My name is Jason Castle.  I'm a partner at Jaburg & Wilk and my practice area is Family law and criminal defense.

    What is the Family Drug Court?

    The Family Drug Court is a special drug court that is designed to help individuals deal with some of their drug issues and to facilitate them getting to a point where they can get access to their children again. Typically, the court has a … Read More

    Categories: Family Law, Article

  • Overnight Success

    "Overnight success” is a cliché we all are familiar with. But in the real world most overnight successes have put in their time and you don’t even realize it. For instance, most people look at the Beatles as an overnight success. Actually their rise to the top took approximately five years, thousands of hours of practice and hundreds of live performances. To think they didn’t put in the … Read More

  • Be On Time

    Be on time. Yes, it is that simple. Everyone's time is valuable. We all have one more thing we can do before walking down the hall for that scheduled meeting or leaving to make it on time to that lunch meeting. What this really boils down to is that we all need to honor our commitments.  

    When you show up late you are saying "what I was doing is more important than being on time for you." If it is worth … Read More

    Categories: Business & Corporate, Blog

  • What to do When an Employer Fails to Pay Earned Wages

    Video Transcript:

    Hi, my name is Jeff Silence.  I'm an associate at Jaburg & Wilk and I primarily do employment law.

    What Should I do if My Employer Failed to Pay me Wages?

    You have two options at this point. First you could file a complaint with the Arizona Labor Department. They have the power to investigate these kinds of claims and order your employer to pay you the money they should have paid you. … Read More

    Categories: Employment, Article

  • Is it Illegal for Arizona Employers to Discriminate Against Transgender or Gay Employees?

    Title VII of the Civil Rights Act of 1964 ("Title VII") and the Arizona Civil Rights Act prohibit employers from discriminating against employees because of their gender. While neither law expressly prohibits discrimination based on gender identity or sexual orientation, the United States Supreme Court has held that Title VII prohibits discrimination based on sexual stereotyping. A gender stereotype is defined as … Read More

    Categories: Employment, Article

  • What Does “At-Will” Employment Mean?

    Most Arizona employers are aware that Arizona is an “at-will” employment state.  However, many do not understand what that means. In short, it means that an employee can be terminated for any reason or no reason, except a list of "unlawful" reasons. Before identifying the list of the most common unlawful reasons to terminate an “at-will& … Read More

    Categories: Employment, Article

  • What is a Hostile Work Environment?

    Video Transcript:

    Hi, my name is Jeff Silence.  I'm an associate at Jaburg & Wilk and I primarily do employment law.

    What is a Hostile Work Environment?

    It's a legal term of art that we use in employment law.  What it means is that an employee is being subjected to discriminatory treatment and that the terms of their working conditions are being altered, usually by their supervisor or co-employee. … Read More

    Categories: Employment, Article

  • Update: Are There Fiduciary Duties between Members in an Arizona LLC?

    A few years ago I wrote an article named Are There Fiduciary Duties between Members in an Arizona LLC? At the time, there were no published decisions in Arizona on this issue.  However, a bankruptcy judge had dismissed my client's claim for breach of fiduciary duty against a fellow member in an LLC because (1) she found the Arizona LLC statutes were silent on … Read More

    Categories: Business & Corporate, Article

  • You're Fired: Warning Signs to Watch for that Signal You Might be Terminated

    Video Transcript:

    Hi, my name is Kraig Marton.  I'm the head of the employment law section at our firm.  As such I represent both employees and small to mid-size employers in all kinds of employment matters.

    Warning Signs to Watch for That Signal You Might be Terminated

    When an employee has been working at a company, I sometimes see them come in one day and get fired and it's a complete surprise.  … Read More

    Categories: Employment, Blog

  • Who is Your Customer or Client?

    Of course the answer to this question is dependent on what you do, but if you don't start by answering this question you will miss out on opportunities. The answer, based on your line of work, may be a type or category of businesses or categories or people. 

    Some sales people think the answer is anyone and everyone, but it isn't. On the surface, if you are in pharmaceutical sales it is doctors or medical … Read More

    Categories: Business & Corporate, Blog

  • Current Alternatives to Reunification Therapy

    Divorces are traumatic to children. During or after a divorce, a child may reject one of their parents by resisting or refusing to engage with that parent. Upon request, Arizona family law judges may appoint a mental health professional to act as a therapeutic interventionist (TI) to reconstruct the relationship or may direct an alternative process such as an intensive reunification programs (IRP) which includes … Read More

    Categories: Family Law, Publication

  • Protecting Children: What to Do When a Spouse Abuses Drugs

    Video Transcript:

    My spouse is abusing drugs and I'm concerned for my children.  What can I do?

    If you're afraid for your children's safety you might want to consider getting an order of protection. Order of protections would be issued by a court in order to ensure that the party is not interacting, engaging or contacting the protected persons. Assuming you're not talking about safety and you're just … Read More

    Categories: Family Law, Article

  • How Pay if Paid Clauses Work in Arizona Construction Law

    Video Transcript:

    Hi, I'm Mark Bogard, I'm a construction law attorney with the law firm Jaburg Wilk.

    What is a "Pay-if-paid" Clause?

    A "pay-if-paid" clause is a condition precedent, at least those are the fancy words that we give it in the courtroom. A condition precedent is simply a condition or something that must occur before something else can happen. In a "pay-if-paid" or a "pay-when-paid" clause … Read More

    Categories: Construction, Blog

  • Does Pokémon GO Lure You in With a Dangerous Privacy Policy and Terms of Use?

    For years, we have been lamenting that our young people spend too much  time indoors playing computer games and not enough time outside or connecting with others.  Yet, those same critics now condemn young Pokémon Go players who venture out on Pokémon hunts for a myriad of perceived sins including inattentiveness and irresponsible behavior. Critics also revel in slamming … Read More

    Categories: Internet and Technology, Article

  • Challenges in Managing the CEO's Divorce

    Representing a high-level executive in his or her divorce presents unique and recurring challenges to a Family Law practitioner. While every client's divorce has its own particular circumstances, representing high net worth senior level executives have certain commonalities among them regardless of their profession and industry. These include the absence of time to devote to divorce-related tasks and difficulties … Read More

    Categories: Family Law, Family Law, Publication

  • Opt Out of the AZ Family Law Court System

    People seeking to be divorced or to resolve other problems in the Family Law Division of the Maricopa County Superior Court in the State of Arizona can find themselves trapped in a system that is not well suited to meet their needs. Despite the best efforts of well-intentioned judicial officers and administrators the fundamental problem is that there are simply too many cases and insufficient resources. In 2015 … Read More

  • Does Your Company Need a Written Social Media Policy?

    Video Transcript:

    Hi, I'm Kraig Marton and I do the employment law here in the firm.

    Should an Employer Have a Written Social Media Policy?

    Absolutely.  Companies should have a social media policy that provides guidelines to the employees about what can and can't be done and what can and can't be said.  Now I also suggest that employers currently check with their counsel because that is in such a … Read More

    Categories: Employment, Article

  • Right to Sue Letter From the EEOC, Now What?

    A Right to Sue Letter was issued from the Equal Employment Opportunity Commission("EEOC") or the Arizona Civil Rights Division ("ACRD"), and you are not sure what to do next.  Here are some things to consider. 

    1. All Is Not Lost

    A Right to Sue letter is issued when the agency cannot determine whether the employer discriminated against an employee. It does not mean a claim is weak. … Read More

    Categories: Employment, Article

  • What Makes Someone an Expert Witness?

    Video Transcript:

    Hi, my name is Matt Anderson. I'm an attorney at Jaburg Wilk and I devote my practice to a general civil litigation defense practice.

    What Makes Someone an Expert Witness in the Eyes of the Law?

    Arizona follows the Federal Rules of Evidence in this regard and so the general rule is that an expert can be qualified to offer expert opinions through knowledge, education, background, training and … Read More

  • What Can I Do if My Employer Has Not Paid My Wages?

    Question: My employer has not paid my wages.  What can I do?

    Answer: In Arizona, if you are terminated from your position, your employer must pay your wages within seven days of your last working day or the next payday, whichever is sooner.

    However, if you voluntarily quit your job, your employer may pay you on your next regularly scheduled payday.  

    If you have not been timely paid, you … Read More

    Categories: Employment, Blog

  • Child Support: Who Pays the Travel Costs

    Video Transcript:

    Do I Have to Pay Travel Costs for my Children to See Me?

    Do I have to pay travel costs for my children to see me or their other parent? The cost of traveling comes up more frequently now than I previously remember it did.  This becomes a big consideration as you start talking about airline flights and the cost of transportation. The court is not required to study transportation costs; … Read More

  • How the Affordable Care Act Impacts COBRA

    Video Transcript:

    Hi, my name is Kraig Marton.  I'm the head of the employment law section at our firm.  As such I represent both employees and small to mid-size employers in all kinds of employment matters.

    How has the Affordable Care Act influenced or changed COBRA coverage?

    COBRA is a federal statute that gives employees certain rights and it has not really changed under the Act but, as a practical … Read More

    Categories: Employment, Healthcare, Article

  • Can You Move with Your Children if you Have Sole Custody?

    Video Transcript:

    This is a yes and no answer. Yes, you can move but there are some restrictions. For example, if you're moving more than 100 miles, you need to notify the other parent in writing at least sixty days in advance and the parent that's not moving needs to file an objection to prevent your move within thirty days. Assuming they don't object; then yes you can move. Now under certain circumstances you … Read More

  • Patience - Think Before Speaking

    Just because the thought comes into your head does not mean it should come out of your mouth. In many situations, it matters what you say next. When that is the case, you must think before saying anything. This does not mean uncomfortable, long silences before responding. Instead, it means you need to plan for important conversations, negotiations or presentations, and to think on your feet. 

    This can be … Read More

  • Joint Custody and Legal Decision Making

    In Hull v. Wesley [1] the Division One of the Arizona Court of Appeals addressed legal decision-making for children in the context of pain medication.  These medications were taken during the pregnancy.  The child was born addicted to the pain medication and suffered withdrawal and complications after birth. The Appeals Court opinion is a … Read More

    Categories: Family Law, Article

  • Can I Complete My Divorce Without a Trial?

    Video Transcript:

    Hi, I'm Mitch Reichman. I'm a State Board of Arizona Certified Specialist in Family Law and I practice at Jaburg & Wilk.

    Will I Have to Appear in Court During my Divorce Proceeding?

    Yes, typically you'll have to appear in court at least once.  Judges in Maricopa County in divorce cases are very proactive and so they call the parties to appear in front of them early on in the case to … Read More

  • Who Has Child Custody Jurisdiction

    Who Has Child Custody Jurisidction- Mexico, Arizona, or California? 

    The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3. 

    Facts of the Child Custody Case 

    The facts of the case are interesting. … Read More

    Categories: Family Law, Article

  • Why Mediation is Preferable to Litigation in a Divorce

    Video Transcript:

    Mediation is preferred to litigation for a myriad of reasons.  First of all, is the cost - mediation is invariably less expensive than litigation.  It is not a few thousand dollars less to mediate; many times it may be ten, twenty, or even thirty thousand dollars less than litigation.  In addition, a benefit of mediation is the case is over in four to twelve hours or maybe it … Read More

  • How to Find the Identity of an Anonymous Author Online

    Video Transcript:

    There’s two ways that you can find out the identity of an anonymous author online. First, is you can just ask. You can email the website, email the ISP and say “Hey, this person said mean things about me” or inform them of the reason you want to know and just ask. Most of the times, the website won’t actually give you that information so what you really have to do is … Read More

  • Perseverance and You

    Working to Obtain Your Goals

    Perseverance is everything. There is no excuse to ever give up. If you doubt this, you either have had success handed to you, which happens rarely, if ever, or you come up against trying to reach a goal and pivot instead of pushing through to reach your desired result. You may even describe your pivot as a strategic change of plans based on adjusting to the circumstances. Or is it an … Read More

    Categories: Business & Corporate

  • What is Opting Out?

    Video Transcript

    What is Opting Out? Are There Advantages in Doing So?

    Opting out is resolving a family law dispute outside the judicial system. I think that the parties can achieve clear advantages by choosing to opt out and resolve their issues outside the traditional judicial system. One is that the parties control their own destiny. If they opt out by choosing to agree to resolve their issues, then they … Read More

    Categories: Family Law, Article

  • DOL Changes Overtime Rules

    New FSLA Overtime Rules

    The U.S. Department of Labor recently announced that there will be significant changes to its overtime rules under the Fair Labor Standards Act of 1938 ("FLSA"). These new rules are expected to affect over 4.2 million employees and will become effective December 1, 2016. Before we discuss the changes, let's take a step back and discuss the current rules, many of which will remain in effect … Read More

    Categories: Employment, Article

  • How is the Custody of Pets Determined in a Divorce?

    Video Transcript:

    For the most part while pets are often members of the family just like children and for some are children, they are not.  They are property and so they are divided just like any other property is. However, there are differences in judges and judges feel differently about this issue. In fact recently I was at a 'meet the judges' meeting of the Maricopa County Bar Association  and one of … Read More

  • Can I Force My Spouse to Give Back the Ring?

    Video Transcript:

    Yes you can. However, you aren’t going to be very successful. Unfortunately, when you give a wedding ring it is a gift. There are cases that will talk about a conditional gift. If you have tied the knot, and you both have complied with your agreement then she gets to keep the ring. However, if you give the ring and you don’t get married there are cases that say that the condition of … Read More

    Categories: Family Law, Article

  • Work/Life Balance is Too Important

    Don't Be a Workoholic

    Are you the workaholic each of us knows? You know the one. Checking email from the time waking up to checking their phone when they are at lunch with you (rude, by the way) to checking it up until they go to sleep. Every social opportunity is really a networking opportunity with people they probably would not socialize with. Conversations relate to business, money, etc. You are not sure what … Read More

  • Corrective Action Plan

    Question: Can I receive a corrective action plan from my employer without prior written or verbal warnings?

    Answer: Yes, an at-will employee in Arizona may be placed on a corrective action plan without any prior warnings.

    Arizona is an employment at will state, meaning that unless there is a written agreement stating that the employee may only be terminated for cause, the employer can terminate an … Read More

    Categories: Employment, Publication

  • Jaburg Wilk Awards Scholarships to ASU Law Students

    PHOENIX, Ariz. (Apr. 25, 2016)- Phoenix business law firm Jaburg Wilk awarded two $2,500 scholarships to students attending Arizona State University Sandra Day O'Connor College of Law.

    The scholarship is based on several factors including experience in either employment law or intellectual property law, future plans to practice in either employment law or intellectual property law and financial need.

    "It is … Read More

    Categories: News Release

  • Jaburg Wilk Welcomes New Insurance Law Attorney

    PHOENIX, Ariz. (April. 13, 2016) – The law firm of Jaburg Wilk is pleased to announce that Micalann C. Pepe joined the firm's insurance law practice. 

    Ms. Pepe primarily practices in the areas of insurance coverage and bad-faith litigation. Her practice also includes commercial litigation, civil litigation, and white-collar criminal defense. She has a wide-range of experience … Read More

    Categories: News Release

  • Protect Your Writings!

    PHOENIX, Ariz. (April 5, 2016)- Join Maria Crimi Speth, Intellectual Property attorney and author of Protect Your Writings for an informative presentation about the laws that affect writers and their creative work. Attendees will learn about the laws relating to writing books, articles, blogs and how to avoid making common, costly legal mistakes. 

    Upcoming Seminars:

    Saturday, April 9th, 9:00 a.m. to 10:00 a. … Read More

    Categories: Intellectual Property, News Release

  • Estate Planning is Essential

    Video Transcript:

    Hi, I'm Beth Cohn, an attorney here at Jaburg Wilk and I help people plan their estates.

    No matter where you are in your life, estate planning is essential. Estate planning includes wills, trusts, and powers of attorney. If you have just started your family and are at the beginning of your career, a will is critical. In the event of your untimely death, a properly drawn will protects your … Read More

    Categories: Estate Planning

  • Equitable Subrogation and the Replacement Doctrine

    All real estate professionals and investors are familiar with the concept of the priority of liens.  As a general rule, when there are multiple liens recorded against a property, the one that is recorded first is "superior" to the one that is recorded later, which, in turn, is "subordinate" to the one that is recorded first.  This "ranking" of liens becomes critical if a lien is foreclosed, as upon the … Read More

    Categories: Real Estate, Article

  • Jaburg Wilk Welcomes Intellectual Property Attorney

    PHOENIX, Ariz. (March 15, 2016) - The law firm of Jaburg Wilk announced that Michael B. Dvoren, a 2015-2016 Southwest Super Lawyers Rising Star selectee, has joined its intellectual property practice group. 

    Mr. Dvoren focuses his legal practice on intellectual property litigation, pre-litigation enforcement, intellectual property transactions and trademark and copyright prosecution. 

    “Michael … Read More

    Categories: Intellectual Property, News Release

  • Do You Love the Life You Live?

    The other week my wife was driving with our 10 and 7 year olds in her car. The 10 year old, out of nowhere, said "I am living the life I want to live." Before my wife could say anything in response, my daughter asked her younger brother if he is living the life he wants to live. His response was "No." That response was followed by the statement "If I was living the life I want to live I would be in Madagascar … Read More

    Categories: Other

  • Can I Put a Lien on Someone's Real Estate to Ensure I Get Paid For Money Owed?

    Video Transcript

    Hi, my name is David Allen and I'm a partner at Jaburg Wilk.  I specialize in commercial litigation with an emphasis on real estate litigation and also handle some transactional work.

    If somebody owes me money, can I put a lien against their real estate to make sure that I get paid?

    The short answer to that question is usually no.  If somebody owes you money you could sue them, you … Read More

  • What is a Stop Notice?

    Video Transcript

    Hi, my name is Mark Bogard. I'm a partner with Jaburg & Wilk and my practice areas are focally and construction law and administrative law.

    What is a Stop Notice?

    In Arizona if you have mechanics lien rights, as a rule of thumb you have the right to issue what's called a stop notice. A stop notice is essentially a lien on money as opposed to a lien on real property. The stop notice is … Read More

  • Always take the high road

    JW Way # 16. Don't be a jerk- always take the high road. Maintain professionalism at all times. Keep emotions under control. Advocating forcefully for the interests 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."

    As I sat down to write about this fundamental, it occurred to me that when … Read More

    Categories: Other

  • Do I need an attorney if I'm buying or selling a business?

    Video Transcript:

    I'm Neal Bookspan of Jaburg Wilk.  I'm an attorney who helps businesses and business owners manage their legal risks.

    Do I need an attorney if I'm buying or selling a business?

    People definitely need attorneys when they are buying or selling a business.  It is a very important transaction for the seller who may have owned the business and built it up over a lifetime or for the buyer … Read More

  • Jaburg Wilk named best intellectual property firm

    PHOENIX, Ariz. (Feb. 22, 2016)- Phoenix business law firm Jaburg Wilk was named the Best Intellectual Property law firm in the valley by Arizona Foothills Magazine in their ninth annual Best of Our Valley contest. 

    Arizona Foothills magazine asks readers to vote for their favorite valley people, places and more. The contest is answered with millions of votes. 

    Jaburg Wilk’s Intellectual Property … Read More

  • Reporting Requirements for Healthcare Professionals in Legal Trouble

    Video Transcript

    My name is Kraig Marton and I work in Healthcare here at Jaburg & Wilk.

    Do healthcare professionals have to report legal trouble to their licensing board?

    It turns out that healthcare professionals have a duty to report certain things to their licensing board.

    What kind of charges must be reported?

    Any kind of felony must be reported, again within ten days, but not just felonies but most … Read More

  • Be yourself. Everyone else is already taken!

    The subject of this blog post is a great quote from Oscar Wilde. And it rings true because it is better to be an honest version of yourself than a fake version of someone else. Everyone has heard the saying “fake it till you make it,” but being yourself from the start will get you farther in life.

    Many people in our society have people they want to emulate, many times only seeing the public image and … Read More

  • Maria Speth to speak on legal innovation

    PHOENIX, Ariz. (Feb. 2, 2016)- Jaburg Wilk shareholder Maria Crimi Speth along with other panelists will address innovative trends in the legal industry and explore the issues around ethical challenges to the use of social media and legal technology at Legal Innovation: Trends & Ethics From Different Perspectives, a legal event hosted by Evolve Law. 

    When: Thursday, February 18th 2016 from 5:30pm to 8:30 … Read More

    Categories: News Release

  • Can an Employer Require Drug Testing in The workplace?

    Employer Drug Testing Video Transcript

    Can an employer require drug testing in the workplace?

    You know, an employer can require drug testing. In fact, an employer may have a duty to require drug testing because the employer has an obligation to make the workplace safe to the employees, to customers and to anyone else who comes there.

    Does an employee have to submit to a drug test?

    Maybe. An employer generally … Read More

  • Strategies for Defending ADA Accessibility “Tester” Lawsuits

    In the last 15 months, over 1,000 complaints alleging ADA accessibility violations have been filed by three individual plaintiffs against Arizona commercial property owners, retailers, restaurants, and hospitality entities. These "tester" cases assert nearly identical allegations related to insufficient handicap parking, improper construction of restroom facilities and check-out counters, and, in the case of … Read More

  • Can a Child Choose Which Parent to Live With? Madonna’s Teenage Son Believes He Can

    Madonna has dominated the billboard charts, but recently she's dominating the headlines with a custody battle with her ex-husband, Guy Richie, over their teenage son, Rocco Richie. Last summer the "Like a Virgin" singer announced Rocco would join her on the upcoming Rebel Hearts tour. Rocco stayed on the tour for several months but rumors started swirling and gossip websites frequently reported screaming matches … Read More

    Categories: Family Law, Family Law

  • Jaburg Wilk Welcomes Family Law Attorney

    PHOENIX, Ariz. (Jan. 21, 2016)- The law firm of Jaburg & Wilk, P.C. announced that Carissa K. Seidl, a 2015 Southwest Super Lawyers Rising Star selectee and a 2015 Top 10 Best Family Lawyer has  joined the family law practice group. 

    Seidl has more than ten years’ experience providing legal services to individuals needing advice and guidance to resolve or litigate family law issues including … Read More

    Categories: News Release

  • Can I Appeal A Bankruptcy?

    Video Transcripton:

    Can you appeal a bankruptcy?

    You can appeal an order from bankruptcy court just like you can appeal an order from a civil court. There are certainly some important differences. The main difference is the very short time period for appeal.

    What can I appeal in a bankruptcy?

    The kinds of things that are appealed from a bankruptcy court will typically involve whether or not someone was granted … Read More

  • What is a Deposition?

    By David Allen

    If you find yourself involved in a lawsuit, either as a party plaintiff, defendant or as a material witness, it very likely that at some point during the course of the case, you will be asked to submit to a deposition.  Being told that your deposition has been scheduled may elicit the same reaction as your dentist telling you that you need a root canal, or the IRS notifying you that you are … Read More

  • Why You Should Never Combine Business and Personal Assets

    Transcript

    Many people confuse asset protection planning with estate planning.  The purpose of an estate plan is to distribute your assets after your death.  It does not protect your assets while you are alive.  Protection from creditors depends on how you hold your assets.  

    Never Combine Business & Personal Assets

    Business assets should never be held together with … Read More

  • What is an ego?

    By definition, an ego is a person’s sense of self-esteem or self-importance.

    To have an ego is essential to our very makeup. It will define who we are and how we connect with others. Ego becomes an issue when it becomes overpowering.

    Everyone has an ego, whether big or small. The way we display that ego will significantly impact our relationships with one another and the outside world. It also affects our … Read More

    Categories: Other