Jaburg Wilk

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  • Mental Health Issues and Divorce

    Mental Health Issues and Divorce

    In many divorce cases, mental health issues are raised.   Their impact ranges from very mild to very severe. In this series, we will first begin by focusing on general issues that arise within a person’s life when the nuclear, scorched earth option of divorce is initiated.

    When a person files a divorce action, usually it significantly changes both of their lives. The relationship dynamics … Read More

    Categories: Family Law, Article

  • The #1 Mistake Arizona Employers Make When Responding to Complaints of Discrimination or Harassment

    The #1 Mistake Arizona Employers Make When Responding to Complaints of Discrimination or Harassment

    It is important that Arizona employers know how to properly respond to complaints of unlawful discrimination or harassment, particularly in light of the MeToo movement. Each year, I consult with employees seeking legal advice about a possible discrimination claim against their employer. I also represent employers addressing discrimination complaints. This gives me a unique vantage point to see where there was a … Read More

    Categories: Employment, Article

  • Top 6 Relocation Factors that an Arizona Family Law Judge Considers

    Top 6 Relocation Factors that an Arizona Family Law Judge Considers

    It is common that divorced parents remarry or become involved in other relationships.  It is also common that divorced parents (or parents in the midst of a divorce) may want to leave Arizona – to “relocate” to another state along with their minor children.  There is a litany of reasons why a parent may seek relocation of minor children.  However, the question … Read More

    Categories: Family Law, Article

  • What Is a “Wrongful Termination” in Arizona?

    What Is a “Wrongful Termination” in Arizona?

    Arizona is an “at-will” employment state. This means an employer can terminate you for any reason or no reason, except an unlawful reason. If you are terminated for an unlawful reason, then you may have a claim for wrongful termination.  If, on the other hand, you are terminated for no reason or a lawful reason, you do not have a claim for wrongful termination.  

     So, what are … Read More

    Categories: Employment, Article

  • What If an Arizona Employer Won’t Pay Wages?

    What If an Arizona Employer Won’t Pay Wages?

    If you are working for an Arizona employer and feel that you have not been paid all of the wages you are owed, there are several things you need to know. 

    First, what kind of wages are you owed? Minimum wages? Overtime wages? Ordinary wages? The difference matters because different agencies have jurisdiction to address these claims.   

    If you believe you are owed minimum wages, you can file a … Read More

    Categories: Employment, Article

  • Five Tips to Avoid Holiday Parenting Time Issues

    Five Tips to Avoid Holiday Parenting Time Issues

    Holiday parenting time issues are extremely common.  They often create strong emotional responses from each parent because not only is it their parenting time, but also it frequently includes extended family members visiting or who have traveled to see the children. The holidays are stressful enough without parenting time issues and an ounce of prevention can go a long way towards reducing or eliminating … Read More

    Categories: Family Law, Article

  • Getting Married? Why a Premarital Agreement is Important

    Getting Married? Why a Premarital Agreement is Important

    Celebrities and the very rich may enter into premarital agreements. Justin Timberlake and Jessica Biel, Keith Urban and Nicole Kidman, Kim Kardashian and Kanye West, Michael Douglas and Catherine Zeta Jones all signed premarital agreements.  Wealthy and high-profile people such as Mark Zuckerberg, Jessica Simpson, Tom Cruise, Tony Romo, Britney Spears, Barry Bonds, and even Beyoncé, all … Read More

    Categories: Family Law, Article

  • Strategies for More Effective Trial Presentations in Family Law Proceedings

    Strategies for More Effective Trial Presentations in Family Law Proceedings

    On September 21, 2018, the Executive Council of the Family Law Section of the State Bar, past and present Family Law Judges, as well as experienced practitioners, gave 24 participants the opportunity to hone their skills in the Family Law Trial College.  The suggestions, thoughts, and ideas that were discussed benefit any Arizona family law attorney, regardless of their years of experience. As moderator … Read More

    Categories: Family Law, Article

  • Ninth Circuit Ruling Reminds Copyright Owners That Failing to Allege Enough Facts Could Cost Them!

    Ninth Circuit Ruling Reminds Copyright Owners That Failing to Allege Enough Facts Could Cost Them!

    In recent years, federal courts across the U.S. have seen a fair share of copyright infringement lawsuits involving peer-to-peer networks such as BitTorrent. In these cases, the plaintiffs are typically feature film or adult film copyright owners who allege that numerous unknown defendants (sued as John or Jane Does) are liable for copyright infringement by downloading and sharing the copyright owner’s film … Read More

    Categories: Intellectual Property, Article

  • What Exactly is That Rule About Unpublished Decisions and Can’t We Cite Them Now?

    What Exactly is That Rule About Unpublished Decisions and Can’t We Cite Them Now?

    For writers of any legal briefs, there is hardly anything more frustrating than finally finding a case on point, in our jurisdiction, with a “correct” holding to support our argument, but unpublished.  More than 85% of the decisions in the 9th Circuit are unpublished.[i]   For the fiscal year 2017, in Division One of the Arizona Court of Appeals, a total of 621 civil cases … Read More

    Categories: Appellate, Article