Jaburg Wilk

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  • Three Important Components of the Family Medical Leave Act

    Three Important Components of the Family Medical Leave Act

    In 1993, President Bill Clinton signed the Family and Medical Leave Act ("FMLA"), which allows employees time off from their job to bond with their children, care for ill family members, or recover from their own serious health problems — all without fear of losing their job.   The FMLA entitles employees to a total of 12 weeks of unpaid leave during a 12-month period for any of the following:  … Read More

    Categories: Employment, Article

  • How Much Do I Know About Insurance and Arizona Business?

    How Much Do I Know About Insurance and Arizona Business?

    Is there one insurance policy to cover all of my risks?

    No.  Insurance is the sale of certain risks in exchange for a premium.  No policy buys all the risks a business faces.

    How many policies do I need?

    Generally speaking, a business should have a general liability policy, coverage for automobiles used in the business and worker's compensation insurance.  But there are many other policies and … Read More

    Categories: Business & Corporate, Insurance Litigation, Article

  • What is a Qualified Domestic Relation Order ("QDRO") and why does it matter in my divorce case?

    What is a Qualified Domestic Relation Order ("QDRO") and why does it matter in my divorce case?

    As with all community property, retirement assets are subject to division upon dissolution.  Therefore, that portion of any and all retirement assets accumulated during the course of the marriage must be divided.

    There are three primary categories of retirement assets – IRA (Individual Retirement Account), 401(k) and pension assets.  While the first of these assets can be divided by transferring … Read More

    Categories: Family Law, Article

  • Damron Agreement or Stipulated Judgment Got You in a Bind? Arizona Supreme Court Considers Binding Effect of Fact Stipulations on Insurers in Quihuis v. State Farm

    Damron Agreement or Stipulated Judgment Got You in a Bind? Arizona Supreme Court Considers Binding Effect of Fact Stipulations on Insurers in Quihuis v. State Farm

    In Quihuis v. State Farm, --- Ariz. ---, 334 P.3d 719 (Ariz. Oct. 1, 2014),[1] the Arizona Supreme Court recently held that a stipulated fact in a Damron Agreement that is both an element of liability and essential to establishing coverage does not bind an insurer in subsequent coverage litigation. In so holding, the Supreme Court clarified that stipulated facts in Damron Agreements regarding liability do bind an … Read More

    Categories: Insurance Litigation, Article

  • How Does Arizona Same Sex Marriage Impact HR?

    How Does Arizona Same Sex Marriage Impact HR?

    On Friday October 17, 2014, same sex marriages became legal in Arizona. What are the changes that Arizona employers and their HR professionals need to be aware of?

    1. The definition of spouse in employee manuals and handbooks. If a generic definition, such as "spouse" is used, there should not be a need to update. However, if a specific definition was used such as "wife" or "husband" the employee manual may need … Read More

    Categories: Employment, Article

  • In a Divorce, What is an Affidavit of Financial Information and why does it Matter?

    In a Divorce, What is an Affidavit of Financial Information and why does it Matter?

    An Affidavit of Financial Information ("AFI") is a family court-approved form that is utilized in divorce cases for a number of purposes primarily where child support, spousal maintenance and/or attorney fees are at issue.

    The AFI is provided under oath and is intended to inform the family court of a party's overall financial situation including both income and expenses in order to provide the family … Read More

    Categories: Family Law, Article

  • When In Doubt, Disclose, Disclose, Disclose

    When In Doubt, Disclose, Disclose, Disclose

    So Joe, who lives and works in Chicago, has decided that he wasn't getting enough use out of his second home in Scottsdale, located on the 15th fairway of a very challenging golf course, and has, with some regret, put it up for sale.  A buyer is quickly procured, and Joe's listing broker presents him with form entitled "Residential Seller's Property Disclosure Statement," commonly referred to as a "SPDS" ( … Read More

    Categories: Real Estate, Article

  • Sexual Materials and Divorce

    Sexual Materials and Divorce

    The world of divorce can be a messy and scary place. One area that is problematic is when a couple, during happier times, engaged in filming or photographing nude or sexual acts, which were done merely to illustrate the couples love for one another.  However, once the love is gone and a divorce is pending, possession and ownership of the materials can become a nasty fight. 

    I recently read an article in … Read More

    Categories: Family Law, Article

  • Domestic Violence and Divorce

    Domestic Violence and Divorce

    Thanks to the NFL these past few weeks, domestic violence has gained national attention and even received a comment from the President of the United States. However, domestic violence ("DV") is bigger than most American's realize.  Most of the statistics used to describe the problem are obtained using reported acts, but there are a significant number of acts that never get reported.  According to the … Read More

    Categories: Family Law, Article

  • What is a Subordination, Non-Disturbance and Attornment Agreement, and Why Do I Need One?

    What is a Subordination, Non-Disturbance and Attornment Agreement, and Why Do I Need One?

    While most commercial leases contain a requirement that the tenant will execute a "Subordination, Non-Disturbance and Attornment Agreement," commonly referred to a an "SNDA," a majority of tenants who have signed such leases, and most likely several of the real estate agents who have represented those tenants, would be hard pressed to explain the meaning of an SNDA, and why they are needed by both commercial … Read More

    Categories: Real Estate, Article