SCOTUS Says States Can Charge Sales Tax on Online Purchases
Taxes and the internet are not two things typically lumped together. However, last week, the Supreme Court addressed those two issues in the case of South Dakota v. Wayfair, when it re-evaluated the question from a 1992 Supreme Court case as to whether state taxes must be collected if the seller isn’t physically located within the state. Twenty-six years ago, the Supreme Court ruled in Quill Corp. v. … Read More
Four Points Every Arizona Subcontractor Must Know About Construction Defect Claims
Residential Construction Defect (“CD”) litigation begins when unsatisfied homeowners file claims against the developer/general contractor (“GC”) for alleged construction defects. A common misconception amongst subcontractors is that CD claims and lawsuits are matters to be dealt with by the subcontractor’s insurer, and are not the concern of the individual subcontractor. This could … Read More
Born in the USA: When Can Products Be Marketed as “Made in the USA”?
Marketing a product as “Made in the USA” or “Made in America” can provide a competitive advantage to companies using the designation. Some view the designation as signifying a safer or higher-quality product. Many consider the act of purchasing such products patriotic—supporting jobs and industry at home rather than overseas. Because of these potential competitive benefits, there are … Read More
Everyone is Doing Business Online, and Most People are Doing it Wrong - 5 Practical Steps to Protect Your Customer Data
Data breaches are inevitable. 2017 was the “year of the data breach,” with more exposure of personally identifiable information (“PII”) than ever before. If you were one of the 30% of US-based consumers who were notified of a data breach, it isn’t comforting to know that you aren’t alone in your plight. As a business owner, the feeling is even worse when you identify the … Read More
Five Tips to Not Let Your Marijuana Trademarks Get Vaporized
Whether operating in states that allow medical marijuana like Arizona or in states that allow it both medically and recreationally like Colorado, business owners in the marijuana industry want to protect their brands just like any other business. Unlike other industries though, the marijuana industry still exists in a legal gray area due to conflicting state and federal laws. As such, protecting marijuana related … Read More
How to Avoid Summer Parenting Time Vacation Conflicts
Frequently I am asked by parents whether or not they need to disclose where they are going for vacation to the other parent. In Arizona, most divorce decrees include a provision that requires a traveling parent to disclose an itinerary if he/she is traveling more than 100 miles or out of state. Some decrees will require more specific information such as the mode of travel (including flight … Read More
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