Jaburg Wilk

News/Publications

Article

  • Better Safe Than Sorry Always File UCC Termination Statements

    Better Safe Than Sorry Always File UCC Termination Statements

    If you are negotiating a new business loan, you know that your due diligence investigation on the borrower should include a search of the Secretary of State's records* to confirm that the assets being pledged as collateral are "free and clear" and not subject to the security interest or other lien of another lender, lessor or other secured party.  A UCC lien search of the Secretary of State's records will … Read More

    Categories: Business & Corporate, Real Estate, Article

  • Letter of Intent - Prelude to Buying a Business

    Letter of Intent - Prelude to Buying a Business

    Buying another business is one way you can enter new markets, acquire needed technology, subsume a competitor, integrate vertically or simply expand. A proposed transaction is often initially outlined in a letter of intent. This document broadly outlines the terms agreed on during preliminary negotiations and protects the deal during the last phases: due diligence, formal purchase offer and final negotiations. A … Read More

    Categories: Business & Corporate, Article

  • Limited Liability Company May Protect Your Assets from Creditors Careful Planning Can Minimize Your Risk

    Limited Liability Company May Protect Your Assets from Creditors Careful Planning Can Minimize Your Risk

    A large component of asset protection planning is designed to help protect your business and investment assets from claims by your personal creditors.  If you have a corporation and a creditor gets a personal judgment against you, the creditor can seize the stock of your corporation.  If you are the sole owner and your business is held in a corporation, it can be taken over and operated, managed or … Read More

    Categories: Business & Corporate, Article

  • Business Succession Planning

    Business Succession Planning

    While developing a business succession plan is essential for every business, it is often lost in the day to day focus of business operations. It is vital for family owned or closely held businesses to have a clear, concise and documented succession plan. Family owned businesses may provide unique challenges. Typically, the founders would like to pass the business to their children, regardless of their skills or … Read More

    Categories: Business & Corporate, Article

  • Planning for the Future of Your Business

    Planning for the Future of Your Business

    In an economic downturn, individuals and business owners may question whether or not it is a good investment to spend time and resources on an estate or business succession plan. Actually, it is an excellent time. First, business may have slowed down enough for the owners to focus on the next generation ownership and secondly, your estate may be able to take advantage of lower valuations to transfer assets. … Read More

    Categories: Business & Corporate, Article

  • Health Care Power of Attorney and Living Wills

    Health Care Power of Attorney and Living Wills

    No one wants to contemplate becoming seriously ill or disabled, but the reality is this difficult subject needs to be addressed with spouses, significant others and family members. It is important to make decisions regarding what wishes are while healthy.  The Arizona Secretary of State allows you to register, free of charge, living wills and medical power of attorneys on their web site.  Simply go to … Read More

    Categories: Estate Planning, Probate Litigation, Article

  • Does Marijuana Cure Headaches?

    Does Marijuana Cure Headaches?

    The Arizona Department of Health Services (AZDHS) is considering adding Migraines, Post-Traumatic Stress Disorder (PTSD) and Depression to the list of debilitating conditions that qualify individuals for a Medical Marijuana card. All three medical conditions have been through a review process and the AZDHS will be deciding whether to include them after a public hearing which will … Read More

    Categories: Healthcare, Article

  • What About that Fine Print? Website "Terms of Use" and "Privacy Policy"

    What About that Fine Print? Website "Terms of Use" and "Privacy Policy"

    Whether your business has always been internet based or your traditional brick and mortar business has evolved to a click and mortar business, you have a website. It's likely that you know that you need the fine print - "terms of use" and a "privacy policy."   While you have many options when creating these policies, these are the most common approaches:

    Let your web developer deal with it

    Copy and paste … Read More

    Categories: Intellectual Property, Article

  • Is My Domain Name a Trademark?

    Is My Domain Name a Trademark?

    This is not only a common legal question but also a great question as the answer is - it depends! 

    A domain name simply is an address on the Internet.  Computers find web addresses by a series of numbers known as an IP address.  To make the process more user friendly, the numbers are matched to words that, hopefully, can be easily remembered.  The best and most valuable domain names are very … Read More

    Categories: Intellectual Property, Article

  • Do I Have to Appear in Court or Testify in My Divorce Case?

    Do I Have to Appear in Court or Testify in My Divorce Case?

    It is not essential that you ever appear in Court (or before a Judge) in your divorce case.  In the vast majority of cases, the parties never appear in court for any hearings or a trial on the merits.

    Maricopa County cases typically require a simple status conference - known as a Resolution Management Conference ("RMC"). This is merely an opportunity for the Court to become familiar with your case and … Read More

    Categories: Family Law, Article