Jaburg Wilk

News/Publications

  • What is a Morris Agreement?

    What is a “Morris Agreement”?

    A “Morris Agreement” is a “settlement agreement entered into when the insurer is defending under a reservation of rights under which the insured stipulates to a judgment, assigns his rights against the insurer to the claimant, and receives in return a covenant from the claimant not to execute against the insured.”See Parking Concepts, Inc. v.  … Read More

  • Trademark Owners Beware of Chinese Domain Name Marketing Ploy

    Some e-mail marketing ploys are pretty clever and some spam or phishing attempts brilliantly disguised as valid e-mail. While there are many great reasons to register your trademark with the United States Patent & Trademark Office, including: 

    Constructive notice nationwide of the trademark owner’s trademark rights

    Preventing others from … Read More

    Categories: IP Law, Internet and Technology, Article

  • 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

  • Arizona Prop 206 Upheld by Arizona Supreme Court

    Paid Sick Time Off is Required by Arizona Employers

    Some employers were taking the "wait and see" approach with Prop 206 due to the legal challenge filed by the Arizona Chamber of Commerce. The waiting is now over. On March 15, 2017, the Arizona Supreme Court voted unanimously to uphold Prop 206. In other words, Prop 206 is here to stay, and employers need to comply or face serious consequences. Prop 206, in a … Read More

    Categories: Employment, Blog

  • Protecting Your Business in a Divorce

    Video Transcript:

    How can I protect my business before I get married?

    Hi, I’m Mitch Reichman. I’m a board-certified Family Law Specialist and I practice at Jaburg & Wilk.

    What is community property?

    Community property in Arizona creates a presumption that everything that’s acquired during the marriage by either spouse is owned by the community. It means it’s owned by them jointly. … Read More

  • Offers of Judgment in Arizona Bad Faith Cases

    In Stafford v. Burns, --- P.3d ---, 2017 WL 164310 (Ariz.App. January 17, 2017), a medical malpractice and wrongful death case arising from emergency medical care rendered after a methadone overdose, the Arizona Court of Appeals “decline[d] to impose a requirement that Offers of Judgment be deemed reasonable before sanctions are imposed under Rule 68(g).”

    Rule 68

    In Arizona, … Read More

    Categories: Insurance Litigation, Blog

  • Arizona Bad Faith Insurance Update

    In Romero v. Mendota Ins. Co., 2016 WL 6775950 (D. Ariz. Nov. 16, 2016), the Arizona District Court granted a Motion to Remand a breach of contract and insurance bad faith case arising from UIM claims-despite the Insureds certifying the case was worth more than the $50,000 compulsory arbitration limit and seeking punitive damages-because the Insurer did not prove the amount in controversy "more likely than … Read More

    Categories: Insurance Litigation, Blog

  • We Are All Salespeople

    I wanted to go to law school, but knew for sure after an interview with Pitney Bowes. The interviewer asked me to sell him widgets. I never tried to close the deal, so you can imagine the result of the interview. In addition to thinking law was interesting, I thought I was going into a profession that didn't require selling. I was wrong. 

    In law you can sell or not. But if you don't, others will … Read More

    Categories: Other, Blog

  • Say Thank You Like You Actually Mean It!

    We live in a fast-paced transactional world. With the speed everything moves people sometimes resort to a text, email or similarly transactional electronic thank you. But if you resort to relaying a thank you by email, text or social media flavor of the month it is destined for the electronic scrapheap and likely will not be remembered. Be different and either write thank you notes or call. 

     

    It takes … Read More

    Categories: Other, Blog

  • Auto Dealership Liability for Accidents Occurring During Test Drives: How to Protect Your Dealership

    Prospective car buyers are no different than the drivers we encounter daily on the road: some are skilled, some are not so skilled. Add to that the prospective buyer’s unfamiliarity with the vehicle they are test-driving, nervousness of having a salesperson in the passenger seat, and the distraction that comes with evaluating the car and not the road, and the potential for accidents often … Read More

    Categories: Business & Corporate, Insurance Litigation, Article