Jaburg Wilk

News/Publications

Article

  • How Is Child Support Calculated In Arizona?

    How Is Child Support Calculated In Arizona?

    In Arizona, child support is calculated pursuant to the Arizona Child Support Guidelines (the “Guidelines”) under Arizona Revised Statutes (“A.R.S.”) § 25-320. However, to determine a party’s child support obligation, data based on the Guidelines is collected and inserted into a Child Support Calculator which will then calculate the amount of child support obligation.

    There are … Read More

    Categories: Family Law, Article

  • The First Amendment Protects Only Some Arizona Students

    The First Amendment Protects Only Some Arizona Students

    Many students are generally familiar with the First Amendment of the Constitution, but they often overlook that it only confers the right “to petition the Government for a redress of such grievances.” As a result, only government entities are precluded from interfering with students’ First Amendment rights. Public schools are considered extensions of the government, while private schools that do … Read More

    Categories: Article

  • Not All Customer Lists are Trade Secrets!

    Not All Customer Lists are Trade Secrets!

    Whether a customer list is, in fact, a trade secret depends on a two-step analysis to be applied on a case-by-case basis. The first step relates to efforts to keep the list secret. If so, the second step is a four-factor analysis detailed below.

    First, a trial court must determine whether the customer list has been kept secret or there have been reasonable efforts to keep the customer list secret. If the facts … Read More

    Categories: Business & Corporate, Article

  • Your Arizona Employer Has Sued You for Soliciting Its Customers and Employees, Now What?

    Your Arizona Employer Has Sued You for Soliciting Its Customers and Employees, Now What?

    An employer may request that an employee sign a non-solicitation agreement. When the employment ends, the trouble sometimes begins. If you are an Arizona employee and your former employer has sent a demand letter, threatened to sue you, or has actually filed suit against you for soliciting its customers and employees, there are many important considerations.

    The Non-Solicitation Agreement May Not Be Enforceable. … Read More

    Categories: Employment, Article

  • What Are My Legal Options if My Business Has Been Defamed?

    What Are My Legal Options if My Business Has Been Defamed?

    Social media is causing defamation claims to become more common. There are several areas for consideration if you feel your business has been defamed.

    First, what is defamation? Expressing an opinion is not defamation. For example, if someone claims that the pizza at your pizza parlor “sucks” or “tastes terrible.” That is not defamation. It is just their opinion.

    However, if your business … Read More

    Categories: Defamation, Article

  • Arizona’s Minimum Wage Increases Again on January 1, 2022

    Arizona’s Minimum Wage Increases Again on January 1, 2022

    The Arizona minimum wage will increase yet again from $12.15 per hour to $12.80 per hour. The increase will take effect on January 1, 2022 and will remain in effect until December 31, 2022. This means that Arizona employers will need to start paying the higher minimum wage ($12.80 per hour) for all hours worked after January 1, 2022.

    The Arizona minimum wage will likely increase yet again on January 1, 2023 … Read More

    Categories: Employment, Article

  • The Dangers of OTC Work

    The Dangers of OTC Work

    Two years ago, these words were seldom used in the business context – remote workers, hybrid schedule, and essential workers. Now they are the norm. During the pandemic, many employers have embraced telework opportunities for their workforce. While surveys consistently report that many employees favor the flexibility that telework and hybrid work offers them, telework has potential issues for employers, one … Read More

    Categories: Employment, Article

  • Miramax Gets Medieval on Quentin Tarantino’s Pulp Fiction NFTs: Takeaways for Non-Fungible Token (NFT) Creators, Buyers and Sellers

    Miramax Gets Medieval on Quentin Tarantino’s Pulp Fiction NFTs: Takeaways for Non-Fungible Token (NFT) Creators, Buyers and Sellers

    The Lawsuit Against Tarantino

    On November 16, 2021, Miramax filed a lawsuit against famed film director Quentin Tarantino, alleging breach of contract, copyright infringement, trademark infringement, and unfair competition. While intellectual property legal disputes are nothing new in Hollywood, the non-fungible token (“NFT”) subject matter makes the case novel.

    According to Miramax’s complaint, … Read More

    Categories: Intellectual Property, Article

  • A Tale of Two Registries: Trademark Registration on the Principal Register and the Supplemental Register

    A Tale of Two Registries: Trademark Registration on the Principal Register and the Supplemental Register

    Most people think that getting a trademark registered with the United States Patent and Trademark Office (“USPTO”) means that their trademark is added to a single federal registry with one set of resulting legal rights and benefits. The reality of trademark registration is more complicated, however.

    Federal law provides for two different U.S. trademark registries - the “Principal … Read More

    Categories: Intellectual Property, Article

  • 2021 Amendments to Arizona’s Homestead Statute Confused Yet?

    2021 Amendments to Arizona’s Homestead Statute Confused Yet?

    There has been a good amount of commentary regarding Arizona House Bill 2617, which amends the Arizona Homestead Statute, and related statutes, effective January 1, 2022. Despite what appears to be the consensus, the Bill is not primarily anti-consumer, and has significant redeeming qualities. On the other hand, the statutory amendments raise a host of new questions and uncertainties, creating a likelihood of … Read More

    Categories: Collections, Litigation, Real Estate, Article