Jaburg Wilk

News/Publications

  • Jaburg Wilk Attorney to Present at ‘Working with the Court of Appeals’

    PHOENIX, Ariz. (Nov.6, 2014) -  Arizona business law firm Jaburg & Wilk's appellate attorney Kathi Sandweiss will be presenting at the State Bar of Arizona's annual 'Working with the Court of Appeals" (WCCA), a CLE taking place on Friday, November 14th at the Hotel Palomar in Phoenix, Arizona from 9 a.m. to 4:30 p.m.

    Sandweiss is presenting the first seminar titled 'How Not to Lose Your Appeal … Read More

    Categories: News Release

  • Arizona Court of Appeals Recognizes Right of Publicity While Protecting Free Speech in Precedent Setting Case

    For the first time ever, an Arizona state court has recognized that individuals enjoy a right of publicity that protects them from the unauthorized use of their name or likeness for commercial or trade purposes. In its April 24, 2014 decision in Reynolds v. Reynolds, the Arizona Court of Appeals recognized the right of publicity and determined that right survives the individual's death and may be brought by … Read More

    Categories: Appellate, Intellectual Property, News Release

  • Damron Agreement or Stipulated Judgment Got You in a Bind? Arizona Supreme Court Considers Binding Effect of Fact Stipulations on Insurers in Quihuis v. State Farm

    In Quihuis v. State Farm, --- Ariz. ---, 334 P.3d 719 (Ariz. Oct. 1, 2014),[1] the Arizona Supreme Court recently held that a stipulated fact in a Damron Agreement that is both an element of liability and essential to establishing coverage does not bind an insurer in subsequent coverage litigation. In so holding, the Supreme Court clarified that stipulated facts in Damron Agreements regarding liability do bind an … Read More

    Categories: Insurance Litigation, Article

  • Don’t Bogart That Medical Marijuana, My Caregiver

    "The medical marijuana is actually for the caregiver," my dad explained. I did not know that. "Everyone knows that," he assured me, having discovered as much in his support group. My mother was dying of lung cancer, and in the full throes of cancer pain, helped very little by Vicodin, Oxycontin, or even morphine. My dad had been awake most of the night for weeks, caring for his wife of 51 years. Pain has a sound, … Read More

    Categories: Appellate

  • How Does Arizona Same Sex Marriage Impact HR?

    On Friday October 17, 2014, same sex marriages became legal in Arizona. What are the changes that Arizona employers and their HR professionals need to be aware of?

    1. The definition of spouse in employee manuals and handbooks. If a generic definition, such as "spouse" is used, there should not be a need to update. However, if a specific definition was used such as "wife" or "husband" the employee manual may need … Read More

    Categories: Employment, Article

  • Ash and Amber are Getting Married! (Judge Sedwick Says So)

    This is the wedding announcement to the world that our kind, smiling, infinitely patient IT person Ash is getting married. She and Amber have been together seven years and they had the wedding planned anyway, in San Diego, but now Judge Sedwick has impliedly blessed it. Ash, with the calm but no nonsense demeanor. Ash, of the "did you try rebooting already" school of business. Ash and Amber. In a four page ruling, … Read More

  • In a Divorce, What is an Affidavit of Financial Information and why does it Matter?

    An Affidavit of Financial Information ("AFI") is a family court-approved form that is utilized in divorce cases for a number of purposes primarily where child support, spousal maintenance and/or attorney fees are at issue.

    The AFI is provided under oath and is intended to inform the family court of a party's overall financial situation including both income and expenses in order to provide the family … Read More

    Categories: Family Law, Article

  • When In Doubt, Disclose, Disclose, Disclose

    So Joe, who lives and works in Chicago, has decided that he wasn't getting enough use out of his second home in Scottsdale, located on the 15th fairway of a very challenging golf course, and has, with some regret, put it up for sale.  A buyer is quickly procured, and Joe's listing broker presents him with form entitled "Residential Seller's Property Disclosure Statement," commonly referred to as a "SPDS" ( … Read More

    Categories: Real Estate, Article

  • Sexual Materials and Divorce

    The world of divorce can be a messy and scary place. One area that is problematic is when a couple, during happier times, engaged in filming or photographing nude or sexual acts, which were done merely to illustrate the couples love for one another.  However, once the love is gone and a divorce is pending, possession and ownership of the materials can become a nasty fight. 

    I recently read an article in … Read More

    Categories: Family Law, Article

  • Domestic Violence and Divorce

    Thanks to the NFL these past few weeks, domestic violence has gained national attention and even received a comment from the President of the United States. However, domestic violence ("DV") is bigger than most American's realize.  Most of the statistics used to describe the problem are obtained using reported acts, but there are a significant number of acts that never get reported.  According to the … Read More

    Categories: Family Law, Article