Epic Win for Employers on Individual Arbitration Agreements
The U.S. Supreme Court has ruled that employers may require their employees to resolve wage and hour disputes through one-on-one arbitration instead of through class actions. In Epic Systems Corp. v. Lewis, the Supreme Court affirmed that the Federal Arbitration Act (the “FAA”) requires enforcement of individual arbitration agreements between employers and employees. If an employee agrees to … Read More
Eight Reasons Why an Employer Might Not Want Arbitration Agreements
There has been a lot of buzz about the U.S. Supreme Court’s recent decision about arbitration, Epic Systems Corp v. Lewis. It looks like employers can now avoid class actions by having their employees sign arbitration agreements. Indeed, a lot of law firms are rolling out new policies and emphasizing the need to arbitrate.
But is it really a good idea? Probably not. A fully informed employer … Read More
Inadvertent Transmutation - How What was ‘Mine’ became ‘Ours’
We frequently represent clients who have engaged in some type of transaction with his or her spouse during the marriage that inadvertently causes them to lose certain rights to property unknowingly. This often happens in the context of acquiring or refinancing a home.
Is It a Loan or a Gift?
When a home is acquired, sometimes one of the parties’ parents will contribute money towards the down payment. … Read More
Family Law Judges Can No Longer Make Parental Decisions in Arizona
Where will Emma go to school? Will Jacob’s acne be treated with Accutane? Is Jackson going to see a therapist? For many years divorced parents in Arizona - with equal parenting rights and an inability to agree on such decisions - could raise their differences to a family law judge. That judge would resolve the parent’s conflict by making decisions for them relating to that issue. However, that … Read More
Why Register My Copyrights? The Benefits of Copyright Registration
Copyrights arise automatically when an original work is created. Copyrights protect “original works of authorship,” which include paintings, illustrations, sculpture, photographs, books, articles, poems, movies, songs, recordings, logo designs, website content, software code, and the like. The creator of the work automatically obtains copyrights in the work and is immediately … Read More
How is Child Support and Alimony Determined in Arizona?
When divorcing couples have minor children, frequently the amount of child support is an issue in the divorce. In Arizona, child support can be estimated using the Arizona Child Support guidelines. The courts provide a free calculator that can be used to determine what a divorcing parent's child support obligations might be. They consider amount of time with each parent, … Read More
What’s in a Name? Trademark Strength in the Blockchain Space
Following the recent investment frenzy in cryptocurrencies, blockchain technology has seemingly reached mainstream status. Many different uses for this technology have emerged and are disrupting public and private-sector industries across the globe. Hundreds of new businesses are created in this space annually, and blockchain related trademark filings in the U.S. are increasing. Despite the increasing quantity, … Read More
Compliance with Contractual Provisions to Procure Insurance: The Illusion of Coverage Provided by Certificates of Insurance
Commercial contracts often require the party with less bargaining power to procure insurance for the party with more bargaining power as a way to shift risk and potential liability. General Contractors often require a Subcontractor's policy to name the General Contractor as an "Additional Insured." Lenders often require a Borrower's policy to name the Lender as a "Loss Payee." Landlords sometimes … Read More
Monitoring Employee Electronic Communications
A growing number of employers monitor and review their employees’ electronic communications, including telephone calls, emails and internet use, while at work or working away from the office. They cite a number of legitimate business reasons for doing this, such as:
Maintaining employee productivity by minimizing personal use of the employer’s telephone and computer systems;
Ensuring compliance … Read More
Fair Enough: The “Fair Use” Defense to Trademark Infringement
In the context of trademarks, “fair use” is the term given to the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of trademark infringement. There are two categories of trademark fair use:
Classic Fair Use: When someone else's trademark is used to refer to the user's goods or … Read More