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  • Arizona Court of Appeals Confirms “Subcontractor Exception” to “Your Work” Exclusion Does Not Apply to Additional Insured General Contractor Seeking Coverage For Defective Work of Named Insured Subcontractor

    Arizona Court of Appeals Confirms “Subcontractor Exception” to “Your Work” Exclusion Does Not Apply to Additional Insured General Contractor Seeking Coverage For Defective Work of Named Insured Subcontractor

    In Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC, --- P.3d ----, 2016 WL 7508079, *1  (Ariz. Ct. App. Dec. 30, 2016), the Arizona Court of Appeals reversed the trial court’s grant of summary judgment in favor of an Additional Insured General Contractor and found the “subcontractor exception” to the & … Read More

    Categories: Construction, Insurance Litigation, Article

  • Sanctions and the Terrible, Horrible, No Good, Very Bad Appeal

    Sanctions and the Terrible, Horrible, No Good, Very Bad Appeal

    This may not be a book my new grandson Felix will soon be reading, but it does raise a legitimate question:  When you really, truly, believe a federal appeal is frivolous, and not just garden variety, I know you’re going to lose, please don’t make me spend my client’s money defending, but truly a terrible, horrible, no good, very bad appeal, can you obtain sanctions under Federal Rule 11 … Read More

    Categories: Appellate, Appellate, Article

  • How to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases

    How to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases

    How to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases

    This article examines the implied waiver of the attorney-client privilege, notes guidelines that will assist an Insurer’s analysis of whether a court will find a waiver of the Privilege, and offers tips for how an Insurer can avoid the implied waiver of the Privilege. 

    Full article Read More

    Categories: Insurance Litigation, Article

  • Separate Property and Arizona Marital Community Equitable Lien Rights

    Separate Property and Arizona Marital Community Equitable Lien Rights

    In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not precedential; it may however be cited for persuasive value subject to various limitations. 

    April and David Weeks were married in March 2004. In June 2004, … Read More

    Categories: Family Law, Article

  • The Implied Covenant of Good Faith and Fair Dealing

    The Implied Covenant of Good Faith and Fair Dealing

    Anybody who has ever had a child has heard the refrain “but that’s NOT FAIR.”  While the concept of “fairness” plays a big role in how the world should operate in the minds of children, there is sometimes a disconnect between “fairness” and the “justice” that is doled out by the legal system.  One notable exception is the application by the … Read More

    Categories: Real Estate, Article

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

    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

  • Celebrity Brands: The Line Between Fair Use and Infringement

    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

  • Do I need a Parenting Coordinator?

    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