Attorney Fee Shuffle- The Arizona Supreme Court has Imported the Fee Shifting Provision of A.R.S. § 12-341.01(A) Into Private, Mandatory Contractual Fee Provisions
Unlike many states, Arizona has long provided for the recovery of attorney fees, albeit on a discretionary basis, in contested contract disputes. See A.R.S. § 12-341.01(A). The Arizona legislature made clear, however, that the discretionary fee statute was not intended to displace contractual fee provisions of the sort commonly found in consumer and commercial contracts. Thus, § 12-341.01 … Read More
Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information
Question: I know my spouse’s passwords to their social media accounts, bank accounts and/or email accounts, can I log into their account and get the information we need to help win my case?
Answer: While this might sound like a really good idea, you shouldn’t do this for a few reasons. First of all, even though your spouse may have given you their& … Read More
Employers Required to Use Revised Form I-9
Effective September 18, 2017, employers must begin using a revised Form I-9, which was released on July 17, 2017. The new form is valid through August 31, 2019. Using an outdated form is a violation of recordkeeping requirements and may result in fines to the employer.
The Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United … Read More
Is Your Website Accessible to Disabled Users? If Not, Courts Say You Could Be Violating the ADA
Yes, seriously. This is no longer a remote threat cautioned by overzealous lawyers. This is now a real threat that business owners should address now. If you own and/or operate a business, and the business has a website that markets its goods or services, you could be liable for violating the Americans with Disabilities Act (“ADA”) if your website is not accessible to disabled users. That … Read More
Department of Labor Rolls Back the Liberal Interpretation of Who is and Who is Not an Employee
Recently the hot topic in employment law is the widespread misclassification of employees as independent contractors. The courts and the Department of Labor (DOL) have steadily turned up the heat on employers who misclassify independent contractors as employees. Typically, an independent contractor status is assigned to avoid paying payroll taxes and compliance … Read More
Educate Yourself to Achieve Excellence (and repeat)
Last week I spoke to the need for continuous self-improvement. Part of that is continually learning throughout your lifetime.
I have mentioned before that my firm has The JW Way, which encapsulates the firm’s unique culture (http://www.jaburgwilk.com/mission-statement). JW Way fundamental 17 is “Be relentless about continuous improvement.” This fundamental speaks to … Read More
Answers to Seven Complicated Questions About Arizona's New Paid Sick Time Law
Previously, we addressed eight common questions that employers have about Arizona’s new paid sick time (“PST”) law, which goes into effect on July 1, 2017. As the law is complex, we are answering seven of the more difficult, and possibly thorny, questions about the new PST law.
1. Does the new PST law apply to salaried employees who are exempt under the FLSA?
Yes, the new law applies … Read More
Top 7 Reasons Why Websites Need a DMCA Agent
The Digital Millennium Copyright Act (DMCA) provides copyright protection and some limitations of liability for online copyright infringement if safe harbors are used. It governs the majority of US-based websites and internet service providers.
What is a DMCA agent?
In order to employ the safe harbor protections offered by the DMCA, certain types of internet service providers have … Read More
Modifying Spousal Maintenance in Arizona: Are Changed Circumstances Continuing?
In Perkins vs. Perkins (1), Division One of the Arizona Court of Appeals addressed the question of changed circumstances for the purposes of modifying a spousal maintenance order and what constituted ‘continuing’ (as opposed to temporary) changed circumstances. The opinion is a memorandum decision and is therefore not precedential; however, it … Read More
Do I Need a Social Media Clause in my Prenup?
Hi, I’m Jason Castle. I’m a partner at Jaburg & Wilk. My practice areas focus on family law and criminal defense.
Should I include a Social Media Clause in my Prenuptial Agreement?
Prenuptial agreements have grown in popularity over the last few years and prenuptial agreements are agreements that become effective at the date of marriage. They’re very broad in what they … Read More