Jaburg Wilk

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  • Inadvertent Transmutation - How What was ‘Mine’ became ‘Ours’

    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

    Categories: Family Law, Article

  • Family Law Judges Can No Longer Make Parental Decisions in Arizona

    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

    Categories: Family Law, Article

  • Why Register My Copyrights? The Benefits of Copyright Registration

    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

    Categories: Intellectual Property, Article

  • How is Child Support and Alimony Determined in Arizona?

    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

    Categories: Family Law, Article

  • What’s in a Name? Trademark Strength in the Blockchain Space

    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

    Categories: Intellectual Property, Article

  • Compliance with Contractual Provisions to Procure Insurance: The Illusion of Coverage Provided by Certificates of Insurance

    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

    Categories: Insurance Litigation, Article

  • Monitoring Employee Electronic Communications

    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

    Categories: Employment, Article

  • Fair Enough: The “Fair Use” Defense to Trademark Infringement

    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

    Categories: Intellectual Property, Article

  • Let Kids Be Kids!

    Let Kids Be Kids!

    When getting divorced or filing for post-decree modifications, it is vital to keep the children out of the divorce action and legal proceedings.  The more normal their life is, the better it will be for them and the easier it may be for them to navigate through the divorce of their parents.  Divorce or changes to parenting time is traumatic for children.  They … Read More

    Categories: Family Law, Article

  • When Social Media Takedown Notices Aren’t Enough

    When Social Media Takedown Notices Aren’t Enough

    Social media usage has exploded during the past 13 years and has permanently transformed the way products and services are marketed and sold. Social media platforms include many different online destinations such as social networking sites, blogging sites, and rating and review sites. The availability and proliferation of so many online destinations has expanded the opportunities for businesses and brand owners to … Read More

    Categories: Intellectual Property, Article