How Does Debt Work in a Divorce?
Divorce includes the division of assets and debts. Frequently, it is easier to divide assets than to divide debts. Both credit (including store) cards and mortgages present unique problems when divorcing.
Creditors, such as banks and lending institutions, are not bound by the terms and conditions of a divorce decree and property settlement agreement. The third party lender considers both borrowers to be … Read More
Dot Sucks: A Battle Between Trademark Rights and Free Speech
When the organization responsible for assigning domain names announced several years ago that it would expand the generic top level domain name system from the previous 21 to an unlimited number, brand owners knew their legal budgets would have to be increased to protect their trademarks from cybersquatters in this new terrain. Brand owners lobbied against the change, but despite its non-profit status, ICANN … Read More
New Arizona Anti-Deficiency Laws Clarify Intent to Utilize
Arizona anti-deficiency laws were recently amended by the Arizona legislature and will become effective January 1, 2015. Previously, the two laws, A.R.S. § 33-729 and A.R.S. § 33-814, generally provided that a loan secured by a parcel of property of 2½ acres or less, which is utilized as a one or two family dwelling, is not subject to a deficiency claim if the fair market value of … Read More
Arizona's Minimum Wage Increased in 2015 with No Change in 2016
As of January 1, 2015, the minimum wage in Arizona increases to $8.05 per hour. In 2006, the Raise the Arizona Minimum Wage for Working Arizonans Act became law. In part it provides for annual increases in the Arizona's minimum wage. Increases to Arizona's minimum wage are based on cost of living increases using the Department of Labor, Consumer Price Index of All Urban Consumers (CPI-U). There … Read More
How Do I Get Out of this Practice?
For years the goal of many young doctors was to gain ownership in their medical practice entity. For many, when the time came for them to "make partner," they signed on the dotted line without fully understanding the legal relationships involved and the consequences if things did not work out as planned.
Now we are in an environment of sharply declining reimbursement rates for physician professional … Read More
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
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
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
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), 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
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