Jaburg Wilk

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  • Relocation – Mission Impossible?

    Relocation – Mission Impossible?

    On Friday June 5, 2014, the Maricopa County Bar Association hosted its annual Trial Advocacy Seminar. Each year, the organizers select a topic and create a fact pattern designed to challenge the family law judges that serve on the panel. The 2015 edition was no exception.

    The topic selected for 2015 was relocation under Arizona Revised Statutes Section 25-408, and given the reluctance of judges to permit … Read More

    Categories: Family Law, Article

  • Supreme Court Strikes Down Law That Required Hotels To Comply With Warrantless Police Requests For Guest Registries

    Supreme Court Strikes Down Law That Required Hotels To Comply With Warrantless Police Requests For Guest Registries

    By Matt Anderson

    On June 22, 2015, in a 5-4 ruling, the U.S. Supreme Court in City of Los Angeles v. Patel struck down a Los Angeles Municipal Code that required hotel operators to provide guest registries to police upon demand, and without a warrant. Under the ordinance, a hotel operator who refused to turn over registries could be immediately arrested and charged with a misdemeanor.

    The Court's opinion turned … Read More

    Categories: Article

  • Is There a Presumption in Favor of Equal Parenting Time?

    Is There a Presumption in Favor of Equal Parenting Time?

    By Mervyn T. Braude

    A.R.S. §25-103 provides as follows:

    25-103. Purposes of title; application of title

    A. It is declared that the public policy of this state and the general purposes of this title are:

    To promote strong families;

    To promote strong family values.

    B. It also is the declared public policy of this state and the general purpose of this title that absent evidence to the … Read More

    Categories: Family Law, Article

  • 5 Easy Steps to Derail Your Attorney/Client Relationship

    5 Easy Steps to Derail Your Attorney/Client Relationship

    When clients come to me for legal advice, I assume they will consider my advice, if not follow it.  However, for sake of argument, let's say you are different and you want to know the best ways to negatively impact the attorney/client relationship.  In my opinion, there are five ways to get your relationship off to a bad start, or if it was going well, to insure that it gets worse.   For both … Read More

    Categories: Litigation, Article

  • Follow the CC&R's Because it's the Rules!

    Follow the CC&R's Because it's the Rules!

    There are seemingly two types of people who live in houses or condominiums that are subject to rules and regulations, known as Codes, Covenants and Restrictions, or "CC&R's."  There are those who live there because there are CC&R's, and there are those who live there despite the fact that there are CC&R's.  The concept behind CC&R's is quite simple.  If a group of people who own … Read More

    Categories: Real Estate, Article

  • Arizona Reduces Punitive Damages in Insurance Bad Faith Case Again: Arellano v. Primerica Life Insurance

    Arizona Reduces Punitive Damages in Insurance Bad Faith Case Again: Arellano v. Primerica Life Insurance

    In Arellano v. Primerica Life Insurance Company, 235 Ariz. 371, 332 P.3d 597 (App. 2014), despite finding an insurer's conduct moderately to highly reprehensible, the Arizona Court of Appeals recently reduced a punitive damages award from $1,117,572 to $328,000—a 4:1 ratio to bad faith compensatory damages of $82,000. In so holding, the Court of Appeals continues Arizona's trend of reducing punitive damages … Read More

    Categories: Insurance Litigation, Article

  • Critical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects

    Critical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects

    Cemex v. Falcone Bros.

    On April 30, 2015, Arizona's most common construction industry practice for serving a Preliminary Twenty Day Notice ("Prelim") on an Arizona public project—first class mail with certificate of mailing—was invalidated by the Arizona Court of Appeals in Cemex Construction Materials South, LLC v. Falcone Brothers & Associates, Inc.  In Falcone Bros., the … Read More

    Categories: Construction, Article

  • Arizona's "Whistleblower" Laws: Tread Carefully

    Arizona's "Whistleblower" Laws: Tread Carefully

    A "whistleblower" is someone who reports to management (or in some cases state and federal agencies) that they believe someone in their company is engaged in illegal conduct. There are numerous federal statutes that provide remedies to employees who are terminated or retaliated against for "blowing the whistle." For example, the Sarbanes Oaxley Act prohibits publicly traded companies from discriminating against an … Read More

    Categories: Employment, Article

  • Employers Beware! Government Agencies Are Out To Bust You For Misclassifying Your Employees As Independent Contractors

    Employers Beware! Government Agencies Are Out To Bust You For Misclassifying Your Employees As Independent Contractors

    Both federal and state labor authorities are hot on the trail of companies who hire employees and call them "independent contractors."  The United States Department of Labor (DOL) has entered into a Memorandum of Understanding with a number of states, including Arizona, mandating the enforcement of laws pertaining to properly classifying employees as employees.  The DOL and these states have made this … Read More

    Categories: Employment, Article

  • What is a "Non-Disparagement" Clause and Why You May Not Want to Sign One

    What is a "Non-Disparagement" Clause and Why You May Not Want to Sign One

    By David Farren

    You settle your case, and the defendant agrees to pay you a lot of money. All that’s left to do is to sign a “standard” settlement agreement prepared by the defendant’s attorney. You get to page 10 and see a paragraph titled “No Disparagement.” You see that this means neither party will “disparage” the other . . . ever. You call your attorney, who … Read More

    Categories: Employment, Article