Jaburg Wilk

News/Publications

Article

  • What is a Hostile Work Environment?

    What is a Hostile Work Environment?

    Video Transcript:

    Hi, my name is Jeff Silence.  I'm an associate at Jaburg & Wilk and I primarily do employment law.

    What is a Hostile Work Environment?

    It's a legal term of art that we use in employment law.  What it means is that an employee is being subjected to discriminatory treatment and that the terms of their working conditions are being altered, usually by their supervisor or co-employee. … Read More

    Categories: Employment, Article

  • Update: Are There Fiduciary Duties between Members in an Arizona LLC?

    Update: Are There Fiduciary Duties between Members in an Arizona LLC?

    A few years ago I wrote an article named Are There Fiduciary Duties between Members in an Arizona LLC? At the time, there were no published decisions in Arizona on this issue.  However, a bankruptcy judge had dismissed my client's claim for breach of fiduciary duty against a fellow member in an LLC because (1) she found the Arizona LLC statutes were silent on … Read More

    Categories: Business & Corporate, Article

  • Protecting Children: What to Do When a Spouse Abuses Drugs

    Protecting Children: What to Do When a Spouse Abuses Drugs

    Video Transcript:

    My spouse is abusing drugs and I'm concerned for my children.  What can I do?

    If you're afraid for your children's safety you might want to consider getting an order of protection. Order of protections would be issued by a court in order to ensure that the party is not interacting, engaging or contacting the protected persons. Assuming you're not talking about safety and you're just … Read More

    Categories: Family Law, Article

  • Does Pokémon GO Lure You in With a Dangerous Privacy Policy and Terms of Use?

    Does Pokémon GO Lure You in With a Dangerous Privacy Policy and Terms of Use?

    For years, we have been lamenting that our young people spend too much  time indoors playing computer games and not enough time outside or connecting with others.  Yet, those same critics now condemn young Pokémon Go players who venture out on Pokémon hunts for a myriad of perceived sins including inattentiveness and irresponsible behavior. Critics also revel in slamming … Read More

    Categories: Internet and Technology, Article

  • Does Your Company Need a Written Social Media Policy?

    Does Your Company Need a Written Social Media Policy?

    Video Transcript:

    Hi, I'm Kraig Marton and I do the employment law here in the firm.

    Should an Employer Have a Written Social Media Policy?

    Absolutely.  Companies should have a social media policy that provides guidelines to the employees about what can and can't be done and what can and can't be said.  Now I also suggest that employers currently check with their counsel because that is in such a … Read More

    Categories: Employment, Article

  • Right to Sue Letter From the EEOC, Now What?

    Right to Sue Letter From the EEOC, Now What?

    A Right to Sue Letter was issued from the Equal Employment Opportunity Commission("EEOC") or the Arizona Civil Rights Division ("ACRD"), and you are not sure what to do next.  Here are some things to consider. 

    1. All Is Not Lost

    A Right to Sue letter is issued when the agency cannot determine whether the employer discriminated against an employee. It does not mean a claim is weak. … Read More

    Categories: Employment, Article

  • How the Affordable Care Act Impacts COBRA

    How the Affordable Care Act Impacts COBRA

    Video Transcript:

    Hi, my name is Kraig Marton.  I'm the head of the employment law section at our firm.  As such I represent both employees and small to mid-size employers in all kinds of employment matters.

    How has the Affordable Care Act influenced or changed COBRA coverage?

    COBRA is a federal statute that gives employees certain rights and it has not really changed under the Act but, as a practical … Read More

    Categories: Employment, Healthcare, Article

  • Joint Custody and Legal Decision Making

    Joint Custody and Legal Decision Making

    In Hull v. Wesley [1] the Division One of the Arizona Court of Appeals addressed legal decision-making for children in the context of pain medication.  These medications were taken during the pregnancy.  The child was born addicted to the pain medication and suffered withdrawal and complications after birth. The Appeals Court opinion is a … Read More

    Categories: Family Law, Article

  • Will My Commercial Liability Insurance Cover an ADA Lawsuit?

    Will My Commercial Liability Insurance Cover an ADA Lawsuit?

    Question:  

    I notified my commercial liability insurance carrier of the lawsuit but they denied coverage – why?

    Answer:

    Very few companies are able to secure insurance coverage for the defense of their ADA accessibility lawsuits. CGL carriers commonly deny coverage for these lawsuits because an “injury” under the ADA typically does not qualify as a personal injury or property damage under … Read More

    Categories: Business, Other, Article, Blog

  • Who Has Child Custody Jurisdiction

    Who Has Child Custody Jurisdiction

    Who Has Child Custody Jurisidction- Mexico, Arizona, or California? 

    The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3. 

    Facts of the Child Custody Case 

    The facts of the case are interesting. … Read More

    Categories: Family Law, Article