Jaburg Wilk

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  • Your Arizona Employer Has Sued You for Soliciting Its Customers and Employees, Now What?

    Your Arizona Employer Has Sued You for Soliciting Its Customers and Employees, Now What?

    An employer may request that an employee sign a non-solicitation agreement. When the employment ends, the trouble sometimes begins. If you are an Arizona employee and your former employer has sent a demand letter, threatened to sue you, or has actually filed suit against you for soliciting its customers and employees, there are many important considerations.

    The Non-Solicitation Agreement May Not Be Enforceable. … Read More

    Categories: Employment, Article

  • What Are My Legal Options if My Business Has Been Defamed?

    What Are My Legal Options if My Business Has Been Defamed?

    Social media is causing defamation claims to become more common. There are several areas for consideration if you feel your business has been defamed.

    First, what is defamation? Expressing an opinion is not defamation. For example, if someone claims that the pizza at your pizza parlor “sucks” or “tastes terrible.” That is not defamation. It is just their opinion.

    However, if your business … Read More

    Categories: Defamation, Article

  • Arizona’s Minimum Wage Increases Again on January 1, 2022

    Arizona’s Minimum Wage Increases Again on January 1, 2022

    The Arizona minimum wage will increase yet again from $12.15 per hour to $12.80 per hour. The increase will take effect on January 1, 2022 and will remain in effect until December 31, 2022. This means that Arizona employers will need to start paying the higher minimum wage ($12.80 per hour) for all hours worked after January 1, 2022.

    The Arizona minimum wage will likely increase yet again on January 1, 2023 … Read More

    Categories: Employment, Article

  • The Dangers of OTC Work

    The Dangers of OTC Work

    Two years ago, these words were seldom used in the business context – remote workers, hybrid schedule, and essential workers. Now they are the norm. During the pandemic, many employers have embraced telework opportunities for their workforce. While surveys consistently report that many employees favor the flexibility that telework and hybrid work offers them, telework has potential issues for employers, one … Read More

    Categories: Employment, Article

  • Miramax Gets Medieval on Quentin Tarantino’s Pulp Fiction NFTs: Takeaways for Non-Fungible Token (NFT) Creators, Buyers and Sellers

    Miramax Gets Medieval on Quentin Tarantino’s Pulp Fiction NFTs: Takeaways for Non-Fungible Token (NFT) Creators, Buyers and Sellers

    The Lawsuit Against Tarantino

    On November 16, 2021, Miramax filed a lawsuit against famed film director Quentin Tarantino, alleging breach of contract, copyright infringement, trademark infringement, and unfair competition. While intellectual property legal disputes are nothing new in Hollywood, the non-fungible token (“NFT”) subject matter makes the case novel.

    According to Miramax’s complaint, … Read More

    Categories: Intellectual Property, Article

  • A Tale of Two Registries: Trademark Registration on the Principal Register and the Supplemental Register

    A Tale of Two Registries: Trademark Registration on the Principal Register and the Supplemental Register

    Most people think that getting a trademark registered with the United States Patent and Trademark Office (“USPTO”) means that their trademark is added to a single federal registry with one set of resulting legal rights and benefits. The reality of trademark registration is more complicated, however.

    Federal law provides for two different U.S. trademark registries - the “Principal … Read More

    Categories: Intellectual Property, Article

  • 2021 Amendments to Arizona’s Homestead Statute Confused Yet?

    2021 Amendments to Arizona’s Homestead Statute Confused Yet?

    There has been a good amount of commentary regarding Arizona House Bill 2617, which amends the Arizona Homestead Statute, and related statutes, effective January 1, 2022. Despite what appears to be the consensus, the Bill is not primarily anti-consumer, and has significant redeeming qualities. On the other hand, the statutory amendments raise a host of new questions and uncertainties, creating a likelihood of … Read More

    Categories: Collections, Litigation, Real Estate, Article

  • Tips for Collecting What You Are Owed

    Tips for Collecting What You Are Owed

    1. Make sure you have what you need from the start

    Take advantage of all information needed to collect at the time the loan is made or the services are provided, including obtaining a security interest in collateral. Remember, the borrower or customer wants your money or services and will be cooperative at this point. Information to obtain at this time includes social security numbers, place of employment, copies … Read More

    Categories: Collections, Article

  • What Arizona Employees Need to Know Who Are Being Sexually Harassed at Work

    What Arizona Employees Need to Know Who Are Being Sexually Harassed at Work

    While it seems evident that no employer would want an environment where employees are not respected, valued, and protected from being sexually harassed, it still happens. If you work for an Arizona employer, and you are being sexually harassed at work, there are steps that you can, and should, take.

    First, Report It

    The first thing to do - and the most important step - is to report the harassment to HR and … Read More

    Categories: Employment, Article

  • A Cautionary Tale: Why Out-of-State Students Need a Plan Before Applying for In-State Tuition at Arizona Public Universities

    A Cautionary Tale: Why Out-of-State Students Need a Plan Before Applying for In-State Tuition at Arizona Public Universities

    It’s unfortunately a fairly common story: two students move to Arizona from another state to attend a public university with hopes of ultimately paying in-state tuition. Both students have similar backgrounds, graduated from the same high school and may even have extended family in Arizona. They each pay out-of-state tuition and apply for a change in their residency status after residing in Arizona for a … Read More

    Categories: Article