Law Blog

On July 24, 2018, the Ninth Circuit issued a decision that can be an important tool to help copyright owners enforce their rights.  It’s not unusual for copyright owners to believe that it’s just not worth going after some infringers because the cost of attorney fees can quickly exceed the amount of the damages caused by the infringement. ...

This is simple and there are no exceptions. Tell a lie once and all of your truths become questionable. Early in my career I heard a very experienced attorney say “a half-truth equals a whole lie.”  He was correct because anything not 100% true is a lie. Another benefit of telling the truth was summed up to me long ago by a friend who once sai...

PHOENIX, Ariz. (07/23/2018) – The Phoenix law firm of Jaburg Wilk has again supported relief efforts for Catholic Charities Community Services Bless Refugees program. This program was started in 1975 in response to the Vietnam refugees fleeing violence and continues to support thousands of refugees each year. In Arizona there are more than 62,000 refugees w...

We are all good at telling a story, especially our own story. We are not as good at actively listening to others tell a story. This is true even when we are being paid to listen. This is why it is important to remember how important it is to listen, which also means asking questions, especially the right questions. What the right questions are depends on the situat...

I always hope to learn from my mistakes. Similarly, anything I count as a failure in my career has been a great learning experience. There have been moments where I have received constructive criticism, which helped me, because I was open to hearing it. I feel lucky that the people who provided this type of feedback to me, did it in a professional and meaningful wa...

While in the process of divorcing, your attorney will remind you that you cannot change beneficiary designations on your accounts until the divorce is finalized.  It is not uncommon to want to put the divorce out of your mind, especially if your divorce has lasted a long time. However, while you may want to not think about it, remember that you need to change you...

The Holding In Teufel v. Am. Family Mut. Ins. Co., 244 Ariz. 383, 419 P.3d 546 (2018), the Arizona Supreme Court recently held that a Contractual Liability Exclusion in homeowner policies did not apply to a claim for negligent excavation against the Insured, an alleged builder-vendor, because the claim arose from the Insured’s alleged breach of a common law d...

In Arizona, parents who are no longer married or not living together share parenting of their minor children.  Sometimes they share equally and sometimes disproportionately with one of the parents possibly due to work schedules or maybe, because one parent is not as involved with the minor children as the other parent. Typically, each parent makes day-to-...

Taxes and the internet are not two things typically lumped together. However, last week, the Supreme Court addressed those two issues in the case of South Dakota v. Wayfair, when it re-evaluated the question from a 1992 Supreme Court case as to whether state taxes must be collected if the seller isn’t physically located within the state. Twenty-six years...

Residential Construction Defect (“CD”) litigation begins when unsatisfied homeowners file claims against the developer/general contractor (“GC”) for alleged construction defects. A common misconception amongst subcontractors is that CD claims and lawsuits are matters to be dealt with by the subcontractor’s insurer, and are not the concern of the individua...