Jaburg Wilk

News/Publications

  • 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

  • Turn Your New Year’s Resolution into a SMART Goal for a Better Chance to be Successful

    It is the first week of January. We all are back at work trying to recover from the holidays as the new year kicks into high gear out of the gate. Many of you likely made New Year’s resolutions. It could be one of the standards such as losing a certain amount of weight, starting an exercise program, drinking less soda, eating less candy, etc. Maybe it is something different and more personal to you. Or maybe … Read More

    Categories: Other, Blog

  • Arizona District Court Rejects Discovery of Medical Expert's Previous Reports in Bad Faith Case

    The Holding 

    In Cheatwood v. Christian Brothers Services, 2018 WL 287389 (D. Ariz. Jan. 4, 2018) (Unpublished) (Order), a bad faith case arising from a health benefits claim, the Arizona District Court quashed portions of the Insureds’ subpoena to a medical expert which sought:  (a) all medical review reports prepared by the medical expert during the last five years, and (b)& … Read More

    Categories: Insurance Litigation, Blog

  • Why it is Time for an Annual “Checkup” for Both You and Your Company

    Over the past few years many of you probably read my blog regarding having a checkup for you and your business. This does not involve the doctor, but it does involve all the other professionals in your personal and business life. Since that time, I decided to make this topic an annual tradition. This is based in part on the range of feedback I receive every year.

    Some of you said “What a great idea. I am … Read More

    Categories: Business & Corporate, Blog

  • 10 Steps to Take Now to Minimize Taxes under the New Tax Law

    The overhaul of the Internal Revenue Code was passed by Congress on December 21, 2017 and signed into law by the President.  Many changes become effective January 1, 2018.  Although 2017 is almost over, the following are some actions to consider taking now to potentially save taxes.  

    Before the end of 2017 consider taking the following actions:

    Pay 2017 state and local income taxes in 2017. … Read More

    Categories: Business & Corporate, Estate Planning, Tax, Article

  • Never Underestimate the Handwritten Thank You

    Most of you remember when “the usual” was sending anything and everything by mail. People do things for you, oftentimes going out of their way, all the time. Do you acknowledge these people? If not, why not? If so, how? 

     

    If someone does something meaningful, you need to let them know. I understand not all people are doing things to receive thanks, or even comfortable with praise at all. … Read More

    Categories: Other, Blog

  • Travel Extensively and Meet People

    Make travel your norm. We all need to take breaks from work and recharge. If you wait for when you have more time or retire, that time may never come. Or maybe you will retire one day, but be physically unable to go to the places you always hoped and planned to. This is part of work/life balance. 

    When you travel, immerse yourself in local culture and places. Attempt to meet (hopefully interesting) locals to … Read More

    Categories: Other, Blog

  • An Arizona Insurer Owes No Duty to Pay the "Undisputed Amount" of a UM or UIM Claim

    Although the Arizona Court of Appeals resolved this issue 20 years ago, I frequently see insureds' counsel argue that an insurer must pay the "undisputed amount" of a UM or UIM claim—and I just saw this argument last week—so this post is a refresher.

    The Holding

    In Voland v. Farmers Ins. Co. of Arizona, 189 Ariz. 448, 453, 943 P.2d 808, 813 (App. 1997), the Arizona Court of Appeals held "the … Read More

    Categories: Other, Blog

  • Blended Families During the Holidays – Remember the Holidays are Supposed to be Fun!

    Holidays are supposed to be fun! Getting a divorce, having a custody battle or navigating blended families certainly is not fun, regardless of the time of year. However, during the holidays it can be especially difficult and it is a good time to try to put aside your differences, even if you just place them on the back burner for a few hours.  The … Read More

    Categories: Family Law, Article

  • Application of Discounts in Valuation of Interests in Privately Held Entities

    When representing high net worth individuals in divorce proceedings, frequently one of the assets is an ownership interest in a privately held business or professional practice.  Establishing a value for the business can be one of the most hotly contested aspects of the divorce.  Standards, or definitions, of value have been developed as a framework for answering the … Read More

    Categories: Family Law, Article