Blog Posts: Business

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...

Unlike many states, Arizona has long provided for the recovery of attorney fees, albeit on a discretionary basis, in contested contract disputes. See A.R.S. § 12-341.01(A). The Arizona legislature made clear, however, that the discretionary fee statute was not intended to displace contractual fee provisions of the sort commonly found in consumer and commercial c...

In a closely held corporation, a time may come when the owner wants to sell stock in the company but still maintain control. This might occur, for example, when the owner plans to retire soon or simply seeks a way to raise capital. But an owner may be hard-pressed to find an outside investor. Selling stock to other shareholders may be an option, but in many cases ...

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 pa...

Video Transcript: What do Creditors Need to Know about Litigation in State Court? When proceeding in state court, or where a company hasn’t filed for bankruptcy protection, there can be many issues. It depends if the creditor has an unsecured debt, meaning there is no collateral, or if the debt is securing, meaning there is collateral. In either case, a cred...

A few years ago I wrote an article named Are There Fiduciary Duties between Members in an Arizona LLC? At the time, there were no published decisions in Arizona on this issue.  However, a bankruptcy judge had dismissed my client's claim for breach of fiduciary duty against a fellow member in an LLC because (1) ...

Many part-owners of a business are not aware that, as shareholder of an Arizona corporation, they gain the right to seek to dissolve the corporation under certain circumstances, but at the same time subject themselves to mandatory buyout procedures which do not apply to other types of business organizations. Judicially Dissolving an AZ Corporation Under the Arizon...

If you are faced with needing the services of an attorney either for a personal matter or a business matter, the cost of quality legal services may seem expensive  The more educated you are about purchasing legal services, the more value you will receive.  The following are 10 important considerations when hiring an attorney. Know when to use a lawyer Th...

As a business owner, you are under pressure to either maintain your existing base or expand your business. Increased sales, good employee relations, firm financial footing are all important components to your business' continued success and may take the majority of your time. Critical tasks, such as handling important legal matters may fall by the wayside. Building...

Video Transcript: I'm Neal Bookspan of Jaburg Wilk.  I'm an attorney who helps businesses and business owners manage their legal risks. Do I need an attorney if I'm buying or selling a business? People definitely need attorneys when they are buying or selling a business.  It is a very important transaction for the seller who may have owned the business a...