Jaburg Wilk

Equitable Subrogation and the Replacement Doctrine

All real estate professionals and investors are familiar with the concept of the priority of liens. As a general rule, when there are multiple liens recorded against a property, the one that is recorded first is “superior” to…more

Equitable Subrogation, Foreclosure, Lien Priority, Mortgage Lenders, Mortgages

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Strategies for Defending ADA Accessibility “Tester” Lawsuits

In the last 15 months, over 200 complaints alleging ADA accessibility violations have been filed by three individual plaintiffs against Arizona retailers, restaurants, and hospitality entities. These "tester" cases assert nearly…more

Accessibility Rules, ADA, Corporate Counsel, Counterclaims, Defense Strategies

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Significant Changes to AAA's Construction Arbitration Rules Effective July 1, 2015

The American Arbitration Association (AAA) recently issued several significant revisions to its Construction Industry Arbitration Rules, which became effective July 1, 2015. The revised rules apply to construction arbitration…more

American Arbitration Association, Arbitration, Arbitration Agreements, Construction Contracts, Construction Industry

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What Are Fiduciary Duties Between Members In An Arizona LLC?

A few years 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…more

Appeals, Breach of Duty, Commercial Bankruptcy, Fiduciary Duty, Limited Liability Company (LLC)

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Joint Custody and Legal Decision Making

In Hull v. Wesley the Division One of the Arizona Court of Appeals addressed legal decision-making for children in the context of pain medication. These medications were taken during the pregnancy. The child was born addicted…more

Appeals, Child Custody, Parental Rights, Parenting Plans, Rebuttable Presumptions

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Are You Really Divorced? Lamar Odom’s Life Placed in Khloe Kardashian’s Hands

Lamar Odom, an NBA basketball star was recently discovered in a Nevada brothel unconscious and in critical condition. He was rushed to the hospital whereby a number of drugs were discovered in his system and he was being held in…more

Divorce, Lamar Odom, Medical Directives, NBA, Power of Attorney

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Forced Buyouts in a Business Divorce – Valuable Weapon or Trap for the Unwary?

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…more

Buyouts, Divorce, Shareholders

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How Much Do I Know About Insurance and Arizona Business?

Is there one insurance policy to cover all of my risks? No. Insurance is the sale of certain risks in exchange for a premium. No policy buys all the risks a business faces. How many policies do I…more

Auto Insurance, Commercial General Liability Policies, Commercial Insurance Policies, Insurance Industry

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Arizona’s New Construction Defect Law is Effective the Summer of 2015

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 §…more

Attorney's Fees, Construction Contracts, Construction Defects, Contractors, Homeowners

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Does Pokémon GO Lure You in With A Dangerous Privacy Policy and Terms of Use?

For years, we have been lamenting that our young people spend too much time indoors playing computer games and not enough time outside or connecting with others. Yet, those same critics now condemn young Pokémon Go players who…more

iGaming, Mobile Apps, Personally Identifiable Information, Pokemon, Popular

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The Department of Labor Takes a Stance in Employee Misclassification Cases

In a recent article, I warned all employers that government agencies are out to bust them for misclassifying their employees as independent contractors. The prior article discussed the efforts made by the United States…more

Control Test, Corporate Counsel, DOL, Economic Realities Test, FLSA

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Special Commercial Lease Considerations for Franchisees

Engaging in preliminary discussions and negotiations with prospective landlords for your new franchised business can be overwhelming. There are a multitude of business and legal issues to consider. It may also be intimidating,…more

Commercial Leases, Commercial Real Estate Contracts, Commercial Real Estate Market, Commercial Tenants, Franchises

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Behavioral Health Billing Alert

Providers of behavioral health services should be aware that the fifth edition of the American Psychiatric Association’s Diagnostic and Statistical Manual (DSM-5), released in May 2013 after more than ten years in preparation,…more

Billing, DSM, Health Care Providers, Healthcare, ICD Codes

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Monkeying with Copyrights: Who Owns the Monkey Selfies? A Lesson in Copyright Ownership

People for the Ethical Treatment of Animals (PETA) recently filed a copyright infringement lawsuit on behalf of a crested macaque monkey, who famously snapped a smiling selfie of himself using wildlife photographer David…more

Authorship, Copyright, Copyright Infringement, Copyright Ownership, PETA

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Frequently Asked Questions: Attorneys’ Fees and Costs in Divorce Cases

I don’t want the divorce; why should I have to pay for it? We all have expenses for things that we do not anticipate. We do not intend to get sick or hurt; however, if we need medical attention, we are required to pay the…more

Attorney's Fees, Divorce, Litigation Fees & Costs

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Impact of Young V. UPS and Steps for Employers

Since 1978, pregnancy and pregnancy related health conditions have been protected conditions under the Pregnancy Discrimination Act (“PDA”). A recent Supreme Court case, Young v. UPS may increase the ability of pregnant workers…more

ADA, Disability Discrimination, EEOC, Enforcement Guidance, FMLA

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So I loaned my friend $25,000 and just found out he is going to file bankruptcy. Now what???

1. Because he is my friend, he offered to settle and pay me outside of the bankruptcy and he agreed to not include my debt in the bankruptcy case. Can I do this? No. Once a bankruptcy case is filed an automatic stay…more

Consumer Bankruptcy, Loans

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Who Will Care For Your Children If Something Unexpected Happens To You?

Parents, if you do not want someone else deciding who will care for your minor and/or disabled children if something unexpectedly happens to you, it is crucial that you execute a Will designating a guardian for your children…more

Estate Planning

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What Damages Can an Employee Recover in a Lawsuit from an Arizona Employer?

If an employee or former employee sues, they may be entitled to many different types of damages which could amount to a substantial amount. However, that is not always the case. The different kinds of damages an employee can win…more

Attorney's Fees, Back Pay, Damages, DOL, Double Damages

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Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad Faith”

In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona Court…more

Appeals, Arbitration, Auto Insurance, Bad Faith, Breach of Contract

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What have you done to improve yourself?

JW Way #17 - Be relentless about continuous improvement. Be a “lifetime learner.” Continually invest in your own education, both formally and informally. Never stop improving your legal, technical and personal skills. …more

Career Development

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Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad Faith”

In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona Court…more

Appeals, Arbitration, Auto Insurance, Bad Faith, Breach of Contract

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Issues in Gray Divorces

The divorce rate in the United States has been dropping during the past 20 years. However, divorce among spouses over 50 years old has doubled since 1990! The surge has spawned the term “gray divorce” for these older divorcing…more

Defined Contribution Plans, Division of Assets, Divorce, Grey Divorce, Marital Assets

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BYOD Can Be A Four-Letter Word

So your employee wants to use his new iPhone5S to respond to work emails while on vacation. As an employer, you’re thrilled. You don’t have to pay for the technology (or the data plan), but your employee is now accessible to…more

Bring Your Own Device, Cybersecurity, Data Protection, Mobile Device Management, Mobile Devices

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Don’t Bogart That Medical Marijuana, My Caregiver.

On October 21, 2014, the Court of Appeals concluded that Arizona’s Medical Marijuana Act (AMMA) does not give an authorized medical marijuana user immunity from prosecution when he drives under the influence. A.R.S. §…more

DUI, Marijuana, Medical Marijuana

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What Damages Can an Employee Recover in a Lawsuit from an Arizona Employer?

If an employee or former employee sues, they may be entitled to many different types of damages which could amount to a substantial amount. However, that is not always the case. The different kinds of damages an employee can win…more

Attorney's Fees, Back Pay, Damages, DOL, Double Damages

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Does Pokémon GO Lure You in With A Dangerous Privacy Policy and Terms of Use?

For years, we have been lamenting that our young people spend too much time indoors playing computer games and not enough time outside or connecting with others. Yet, those same critics now condemn young Pokémon Go players who…more

iGaming, Mobile Apps, Personally Identifiable Information, Pokemon, Popular

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Are Franchise Agreements Negotiable?

In theory, yes, franchise agreements are negotiable. In practice, they may not be negotiable – particularly in ways that are meaningful. Every franchisor has a form of franchise agreement that defines the rights and…more

Contract Negotiations, Department of Business Oversight, Franchise Agreements, Franchise Disclosure Document, Franchises

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Contact

3200 N. Central Ave.
Suite 2000
Phoenix, AZ 85012, United States

Contact: Brenda Edwards, Executive Director

  • (602) 248-1000
  • (602) 248-0522

Areas of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Commercial Law & Contracts
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Family Law
  • Finance & Banking
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Professional Malpractice
  • Real Estate
  • Taxation
  • Wills, Trusts, & Estate Planning
See more
Number of Attorneys

25-50 Attorneys

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