Jaburg Wilk

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  • Traveling with Medical Marijuana Across State Lines?

    Traveling with Medical Marijuana Across State Lines?

    I live in Arizona and I have a medical marijuana card, is it possible to bring medicine from out of state? In recent years, two of Arizona's neighbors (Colorado and California) have changed their laws to allow adults to purchase and consume recreational marijuana legally.  Arizona voters passed the Arizona Medical Marijuana Act (“AMMA”) to allow qualifying patients to purchase and use … Read More

    Categories: Other, Article

  • 2018 Estate Tax Changes

    2018 Estate Tax Changes

    Under the new tax law, estate tax has not been repealed.   However, there is relief for higher net worth individuals, business owners and people with large estates that have little or no liquidity who previously might have sold their assets to pay estate taxes. 

    Effective January 1, 2018, the new estate tax laws increased the lifetime exclusion … Read More

    Categories: Estate Planning, Tax, Article

  • Resolving Parenting Time Conflicts

    Resolving Parenting Time Conflicts

    In Arizona, when parents are no longer married or not living together in paternity matters, they may have an agreement for parenting their children (legal decision making) and parenting time for when each parent will be with their children.   The agreement may be a written agreement that they mutually agreed upon or they could have had the family law … Read More

    Categories: Family Law, Article

  • An Easy and Effective Way for Employers to Protect Themselves

    An Easy and Effective Way for Employers to Protect Themselves

    Imagine this scenario: Your company is in Arizona and one of your sales representatives goes to work for a competitor. He knows all about your pricing and bidding practices, so he helps your competitor undercut your prices. He then calls all of your customers and offers discounted pricing while telling them about the many flaws in your organization. After successfully soliciting many of your customers, he … Read More

    Categories: Employment, Article

  • Good Time to Try to Register that “#!$@*!ing” Trademark?

    Good Time to Try to Register that “#!$@*!ing” Trademark?

    On June 19, 2017, the U.S. Supreme Court struck down the disparagement clause of the Lanham Act (15 U.S.C. § 1051 et seq.) in Matal v. Tam (137 S. Ct. 1744), holding that it violates the First Amendment’s free speech clause.   

    Before the Matal v. Tam decision, the United States Patent and … Read More

    Categories: Intellectual Property, Article

  • Exercise Caution When Seeking to Modify Parenting Issues in Arizona Family Law Cases

    Exercise Caution When Seeking to Modify Parenting Issues in Arizona Family Law Cases

    Recently, the Arizona Court of Appeals clarified that only one parent is required to file a motion to modify legal decision-making or parenting time. In Sundstrom v. Flatt, Mother exercised sole legal decision-making authority and shared equal parenting time with Father. She filed a petition to retain sole legal decision-making, reduce … Read More

    Categories: Family Law, Article

  • Getting Divorced? Helpful Tips About Social Media and Electronic Data

    Getting Divorced? Helpful Tips About Social Media and Electronic Data

    Question:  I know my spouse’s passwords to their social media accounts, bank accounts and/or financial accounts, can I log into their account and get the information we need to help win my case? 

    Answer:  While this might sound like a really good idea, the answer is no. In doing so, you would likely be breaking a number of … Read More

    Categories: Family Law, Internet and Technology, Article

  • The Potential Benefits of Divorce Mediation

    The Potential Benefits of Divorce Mediation

    Not all divorces need to be tried in court. Divorce mediation is an alternative the parties can choose instead of litigating their divorce in family law court and having the outcome decided by a judge.  Mediation is a private process of resolving disputes by engaging a neutral third party who acts as a facilitator.  Their role is to assist the divorcing couple … Read More

    Categories: Family Law, Article

  • Nondeductible Spousal Maintenance Who Wins Under the New Tax Law?

    Nondeductible Spousal Maintenance Who Wins Under the New Tax Law?

    Under the recently enacted tax reform act, spousal maintenance ordered by a decree or agreement executed after December 31, 2018 will no longer be deductible by the payer and will be tax free to the recipient. Supporters of this tax law change suggested that the deduction for “alimony” was a federal government subsidy that supported  … Read More

    Categories: Family Law, Article

  • Are Arizona Employees Entitled to a Paid Lunch Break?

    Are Arizona Employees Entitled to a Paid Lunch Break?

    Many employees believe that they are entitled to a lunch break.  However, the answer – and in some cases the law - differs by state. In Arizona, employees are not entitled to a lunch break or even a ten-minute break because neither Arizona law nor the Fair Labor Standards Act (“FLSA”) requires employers to provide such breaks.

    The FLSA, however, does require employers to pay … Read More

    Categories: Employment, Article