Law Blog

Cemex v. Falcone Bros. On April 30, 2015, Arizona's most common construction industry practice for serving a Preliminary Twenty Day Notice ("Prelim") on an Arizona public project—first class mail with certificate of mailing—was invalidated by the Arizona Court of Appeals in Cemex Construction Materials South, LLC v. Falcone Brothers & Associates, Inc.  ...

A "whistleblower" is someone who reports to management (or in some cases state and federal agencies) that they believe someone in their company is engaged in illegal conduct. There are numerous federal statutes that provide remedies to employees who are terminated or retaliated against for "blowing the whistle." For example, the Sarbanes Oaxley Act prohibits public...

Fundamental No. 18 - Be a mentor.  Take responsibility, both formally and informally, to coach, guide, teach, and mentor others.  Contributing to the success of others enhances your own success and well-being, as well as the firm's. I have heard this refrain from numerous new JW employees: "Everyone is so nice and helpful!" Such comments reflect an a...

PHOENIX, Ariz. (May 4 , 2015)- The law firm of Jaburg Wilk announced that Tom Moring joined the firm as a Partner whose practice emphasizes complex real estate and commercial disputes. Moring has extensive experience in managing and performing all aspects of litigation.  He began his career at one of the largest law firms in the country before founding his own...

Both federal and state labor authorities are hot on the trail of companies who hire employees and call them "independent contractors."  The United States Department of Labor (DOL) has entered into a Memorandum of Understanding with a number of states, including Arizona, mandating the enforcement of laws pertaining to properly classifying employees as employees...

Some of you may be asking, what does he mean? Some of you may be saying, life/work balance, good luck! What I mean is being on the edge of having fun, vacation, just not working for a day, etc. What I'm really talking about his life/work balance. We all work hard. At least I like to think that we do. One of the things that helps me stay focused at work is the know...

Maintain professionalism at all times. Keep emotions under control. Advocating forcefully for the interest of our clients does not require bullying, condescension, foul language, or temper tantrums. This applies to co-workers, opposing counsel, and vendors. Be a "mensch". This week's JW way really intrigues me. I have often wondered how some people can't see the ef...

You settle your case, and the defendant agrees to pay you a lot of money. All that’s left to do is to sign a “standard” settlement agreement prepared by the defendant’s attorney. You get to page 10 and see a paragraph titled “No Disparagement.” You see that this means neither party will “disparage” the other . . . ever. You call your attorney, who t...

Yes, I know the title is a bit cheesy, but it is April 15, and, of course, I mean something else: Why is it so hard to be successful? Life is hard. Work is hard. Business is hard. Being successful is hard, let alone getting "ahead." And working hard doesn't mean you will be successful or get ahead, but it sure doesn't hurt. You need to put in time and do so smartl...

On March 23, 2015, Arizona Governor, Doug Ducey, signed into law House Bill 2578. This new legislation relates specifically to Arizona's construction defect claims and revises the Purchaser Dwelling Actions statute - ARS § 12-1361, et al. The new law is effective the summer of 2015. The intent of this new law is to limit the number of construction defect lawsuits...