Blog Posts: Business

Whether a customer list is, in fact, a trade secret depends on a two-step analysis to be applied on a case-by-case basis. The first step relates to efforts to keep the list secret. If so, the second step is a four-factor analysis detailed below. First, a trial court must determine whether the customer list has been kept secret or there have been reasonable efforts ...

When forming your LLC, you may wonder the importance of specifying your company’s “purpose,” and may be tempted to provide a hasty response or use a generic phrase such as “any purpose authorized by law.” The reason defining your company’s purpose is important is because the actions that the members or managers may legitimately take on behalf of the co...

I have previously written about the impact of the coronavirus (COVID-19) pandemic on force majeure provisions in a commercial contract. A force majeure clause may excuse a party from performing its contract because of an unforeseen disaster. Whether it does depends on what the clause says and the particular facts and circumstances of each case. See “Does Your Con...

Arizona's new Limited Liability Company Act (the "New Act"), which goes into effect for all Arizona LLCs on September 1, 2020, and already governs limited liability companies (each an "LLC") formed on or after September 1, 2019, sets forth default provisions regarding member and manager voting that may impact you and your LLC. This article specifically focuses on ...

The New Arizona Limited Liability Company Act (the "New Act"), applicable immediately for all Arizona limited liability companies (each, a "LLC") formed on or after September 1, 2019 and applicable September 1, 2020 for all existing Arizona LLCs allows for oral and implied Operating Agreements. While it is preferable to have a written Operating Agreement that ref...

The Revised Arizona Limited Liability Act ("New Act") has been effective since September 1, 2019 for new limited liability companies ("LLCs"). It now becomes effective for any existing LLCs on September 1, 2020. Especially with the pressures of dealing with COVID-19, many business owners are probably thinking about why they have to take on the additional cost ...

If you are considering forming a new company, many people decide that a limited liability company (LLC) will be the best type of company structure for them.  However, selecting to form a LLC may be the easy part!  There are many considerations when setting up your LLC.  We've listed just a few below.Should your LLC be member managed or manager managed?...

The New Arizona Limited Liability Company Act (the "New LLC Act") will impact all Arizona limited liability companies this year. The Arizona Limited Liability Company Act was recently amended. For any Arizona LLC formed on or after September 1, 2019, the New LLC Act is already effective. And, beginning on September 1, 2020, all existing Arizona LLCs will be subject...

PHOENIX, Ariz. (October 23, 2019) - The law firm of Jaburg Wilk announced that Lisa Paine joined the firm as partner in their business law department. Lisa assists clients with general business and corporate representation, business planning, estate planning and probate.  Before joining Jaburg Wilk, Lisa founded and managed her own firm.  Her experience as a bus...

A large component of asset protection planning is designed to help protect your business and investment assets from claims by your personal creditors.  If you have a corporation and a creditor gets a personal judgment against you, the creditor can seize the stock of your corporation.  If you are the sole owner and your business is held in a corporation, i...