Jaburg Wilk

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  • Always Strive to Improve Yourself

    Always Strive to Improve Yourself

    You can do better. You can be better. Always. If you don't think so you are only fooling yourself. You must invest in yourself.  

    If you put your money in a can and bury it in your backyard, it will earn nothing. If you invest these funds instead, they will have the chance to grow. The corollary is if you do not take the time to improve yourself, to learn, you will become stagnant and, in this … Read More

    Categories: Other, Blog

  • Have Fun at Work!

    Have Fun at Work!

    Fun at work?  Exactly.  If you can't have fun at work, then why are you there? Fun and good work do go together. A joke can even reduce tension during stressful times at work. We all know the saying "Laughter is the best medicine" and inherently know it is true.

    This doesn't mean you feel like you have time to joke around with co-workers every day, but, if you think about those type of days, … Read More

    Categories: Other, Blog

  • Ninth Circuit Revives Arizona Insured's Attempt to Collect Stipulated Judgment From Insurer

    Ninth Circuit Revives Arizona Insured's Attempt to Collect Stipulated Judgment From Insurer

    Labertew v. Langemeier, 846 F.3d 1028 (9th Cir. 2017)

    The Ninth Circuit overruled the Arizona District Court’s dismissal of a garnishment filed by a Plaintiff/Assignee against an Insurer to collect a $1.5 million stipulated judgment entered against an Insurer pursuant to a “Damron Agreement.”

    Under a Damron Agreement, if an insurer refuses to defend an insured, then an insured may … Read More

    Categories: Insurance Litigation, Blog

  • Preparation is Key

    Preparation is Key

    Recently, I called a client to set up a block of time to prepare for mediation. The client didn’t understand why we needed to meet and thought you just go in and see if the dispute can be settled or not. This common misconception regarding mediation speaks to an important topic: preparation.

     

    I had to explain to the client that the two most important times in a lawsuit are mediation and trial. … Read More

    Categories: Other, Blog

  • Do You Follow Up?

    Do You Follow Up?

    One-way to know if you follow up is to ask yourself if things you want to get done do. This includes tasks you or others, whether inside or outside your company, are working on. I know many of you are thinking you shouldn't have to follow up for things to be completed. That is a misplaced thought. 

     

    How many times have you realized at or just before the end of the business day a task or project … Read More

    Categories: Other, Blog

  • Arizona District Court Strikes Most of Plaintiff's Expert Opinion in Insurance Bad Faith Case

    Arizona District Court Strikes Most of Plaintiff's Expert Opinion in Insurance Bad Faith Case

    City of Phoenix v. First State Ins Co., 2016 WL 4592906 (D. Ariz. Sept. 2, 2016)

    (Order), a coverage and bad faith case arising from an Insurer denying an Insured, the City of Phoenix, defense and indemnity from a personal injury claim resulting from asbestos exposure, the Arizona District Court held that the opinion of the Insured’s bad faith expert “will be excluded to the extent that it … Read More

    Categories: Insurance Litigation, Blog

  • All Business is Relationships

    All Business is Relationships

    It is important to remember how to be a member of the group. And don't make it only about business. Relax. All business is relationships, and it is where you need to do a good job. If you are not, you've got to tweak the formula.

    Even if you know the answer, don't always volunteer it. Many people don't want to be wrong. Never.  If you correct them, they're alienated from you, and that might work against … Read More

    Categories: Blog

  • Do Things for Others and Expect Nothing in Return

    Do Things for Others and Expect Nothing in Return

    One thing I have learned is to do things for others, yet expect nothing. That's right, you need to rely on karma. Do good deeds and you will be on the receiving end in the future.

    Connect people. Refer people. Forward that article you know your colleague, friend or family member will be interested in. Send a card or a letter - you know, the way we used to keep in contact before email and texting & … Read More

    Categories: Other, Blog

  • What is a Business Divorce?

    What is a Business Divorce?

    Video Transcript:

    I’m Roger Cohen. I’m a shareholder at Jaburg Wilk. I’ve been practicing law for thirty-seven years. My primary areas of practice are commercial litigation, business transactions and business disputes of all shapes and sizes.

    What is a business divorce?

    Business divorce is the business equivalent of a real divorce. People have partnerships with their co-shareholders or the … Read More

    Categories: Business Divorce, Blog

  • Supreme Court Rules on Cheerleader Uniform Case

    Supreme Court Rules on Cheerleader Uniform Case

    US Supreme Court Rules on Star Athletica, LLC v. Varsity Brands, Inc.

    On March 22, 2017, the Supreme Court rendered its decision in what many refer to as the cheerleader uniform case.  Star Athletica, LLC v. Varsity Brands, Inc.

    The Court decided whether designs on cheerleader uniforms were entitled to copyright protection.  Copyright law protects “pictorial, graphic or sculptural … Read More

    Categories: IP Law, Intellectual Property, Blog