Jaburg Wilk

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  • What is a Qualified Domestic Relation Order (“QDRO”) and why does it matter in my divorce case?

    What is a Qualified Domestic Relation Order (“QDRO”) and why does it matter in my divorce case?

    By: Mervyn T. Braude

    As with all community property, retirement assets are subject to equitable division upon dissolution. Therefore, that portion of any and all retirement assets accumulated during the course of the marriage must be divided.

    There are three primary forms of retirement assets – IRA (Individual Retirement Account), 401(k) and, pension assets. While the first of these assets can be divided … Read More

    Categories: Family Law, Article

  • Significant Changes to AAA's Construction Arbitration Rules Effective July 1, 2015

    Significant Changes to AAA's Construction Arbitration Rules Effective July 1, 2015

    Mark D. Bogard

    The American Arbitration Association (AAA) recently issued several significant revisions to its Construction Industry Arbitration Rules, which became effective July 1, 2015. The revised rules apply to construction arbitration cases initiated on or after July 1, 2015. For contracts entered prior to July 1, 2015, most of the revised Rules apply retroactively if the contract contains an arbitration … Read More

    Categories: Construction, Article

  • Top 10 Bad Questions to Avoid When Interviewing a Job Applicant

    Top 10 Bad Questions to Avoid When Interviewing a Job Applicant

    By David Farren

    When interviewing job applicants, there are good questions and bad questions. A good question seeks relevant and helpful information about the person applying for the job and about the applicant's job qualifications consistent with a business necessity for asking the question.  A bad question seeks personal information that is irrelevant to the applicant's job qualifications and lacks … Read More

    Categories: Employment, Article

  • Impact of Young V. UPS and Steps for Employers

    Impact of Young V. UPS and Steps for Employers

    By Gary J. Jaburg 

    Since 1978, pregnancy and pregnancy related health conditions have been protected conditions under the Pregnancy Discrimination Act ("PDA").  A recent Supreme Court case, Young v. UPS may increase the ability of pregnant workers to sue their employer for failure to accommodate or disparate accommodation.  Young claimed she had been a victim of both gender and … Read More

    Categories: Employment, Article

  • Parenting Post-Divorce

    Parenting Post-Divorce

    By Mervyn Braude

    It is frequently a challenge to co-parent after the conclusion of a divorce proceeding.  After all, divorcing parents have often just concluded divorce litigation – replete with allegations of wrong doing – and frequently with difficult financial arguments. 

    The focus of this article is the children.  While frustration, anger, and hurt feelings are often the … Read More

    Categories: Family Law, Article

  • Relocation – Mission Impossible?

    Relocation – Mission Impossible?

    On Friday June 5, 2014, the Maricopa County Bar Association hosted its annual Trial Advocacy Seminar. Each year, the organizers select a topic and create a fact pattern designed to challenge the family law judges that serve on the panel. The 2015 edition was no exception.

    The topic selected for 2015 was relocation under Arizona Revised Statutes Section 25-408, and given the reluctance of judges to permit … Read More

    Categories: Family Law, Article

  • Supreme Court Strikes Down Law That Required Hotels To Comply With Warrantless Police Requests For Guest Registries

    Supreme Court Strikes Down Law That Required Hotels To Comply With Warrantless Police Requests For Guest Registries

    By Matt Anderson

    On June 22, 2015, in a 5-4 ruling, the U.S. Supreme Court in City of Los Angeles v. Patel struck down a Los Angeles Municipal Code that required hotel operators to provide guest registries to police upon demand, and without a warrant. Under the ordinance, a hotel operator who refused to turn over registries could be immediately arrested and charged with a misdemeanor.

    The Court's opinion turned … Read More

    Categories: Article

  • Is There a Presumption in Favor of Equal Parenting Time?

    Is There a Presumption in Favor of Equal Parenting Time?

    By Mervyn T. Braude

    A.R.S. §25-103 provides as follows:

    25-103. Purposes of title; application of title

    A. It is declared that the public policy of this state and the general purposes of this title are:

    To promote strong families;

    To promote strong family values.

    B. It also is the declared public policy of this state and the general purpose of this title that absent evidence to the … Read More

    Categories: Family Law, Article

  • 5 Easy Steps to Derail Your Attorney/Client Relationship

    5 Easy Steps to Derail Your Attorney/Client Relationship

    When clients come to me for legal advice, I assume they will consider my advice, if not follow it.  However, for sake of argument, let's say you are different and you want to know the best ways to negatively impact the attorney/client relationship.  In my opinion, there are five ways to get your relationship off to a bad start, or if it was going well, to insure that it gets worse.   For both … Read More

    Categories: Litigation, Article

  • Follow the CC&R's Because it's the Rules!

    Follow the CC&R's Because it's the Rules!

    There are seemingly two types of people who live in houses or condominiums that are subject to rules and regulations, known as Codes, Covenants and Restrictions, or "CC&R's."  There are those who live there because there are CC&R's, and there are those who live there despite the fact that there are CC&R's.  The concept behind CC&R's is quite simple.  If a group of people who own … Read More

    Categories: Real Estate, Article