Jaburg Wilk

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

Contact: Brenda Edwards, Executive Director

  • (602) 248-1000
  • (602) 248-0522

When In Doubt, Disclose, Disclose, Disclose

So Joe, who lives and works in Chicago, has decided that he wasn’t getting enough use out of his second home in Scottsdale, located on the 15th fairway of a very challenging golf course, and has, with some regret, put it up for…more

Disclosure, Information Disclosure Statement, Property Owners

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Are there fiduciary duties between members in an Arizona LLC??

In 1992, the Arizona legislature enacted the Arizona Limited Liability Company Act. Since that time the LLC has become the entity of choice for many individuals, businesses, partners and investors. While there obviously are…more

Articles of Incorporation, Breach of Duty, Fiduciary Duty, LLC

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What is a Qualified Domestic Relation Order ("QDRO") and why does it matter in my divorce case?

As with all community property, retirement assets are subject to division upon dissolution. Therefore, that portion of any and all retirement assets accumulated during the course of the marriage must be divided…more

Divorce, QDRO

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Sexual Materials and Divorce

The world of divorce can be a messy and scary place. One area that is problematic is when a couple, during happier times, engaged in filming or photographing nude or sexual acts, which were done merely to illustrate the couples…more

Divorce, Photographs, Revenge Porn

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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, Liability, 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, Insurers

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Arizona’s Notice Of Claim Statute – Jumping Through Hoops When Suing State Government Or Its Agencies Or Political Subdivisions

For 20 years, the State of Arizona, its agencies and political subdivisions have held a secret weapon to thwart claims made against them for everything from breach of employment contracts to gross negligence in providing public…more

Breach of Contract, Claims Procedures, Employment Contract, Hiring & Firing, Municipalities

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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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How Do I Get Out of this Practice?

For years the goal of many young doctors was to gain ownership in their medical practice entity. For many, when the time came for them to “make partner,” they signed on the dotted line without fully understanding the legal…more

Health Care Providers, LLC, LLC Agreements, LLPs, Operating Agreements

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To SPDS or Not to SPDS: Is the Standard Disclosure Form in the Best Interest of Sellers?

It is a common misconception that a seller’s completion of the Arizona Association of Realtor’s Seller Property Disclosure Statement (“SPDS”) is required by law and will eliminate litigation regarding non-disclosure. The…more

Disclosure Requirements, Real Estate Market, Realtors

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What Are Requests For Admission And How Can They Help My Divorce Case?

Requests for Admission are written statements of fact which are submitted to an adverse party in a divorce proceeding which that party is required to admit or deny. They can be an effective and efficient way to establish facts…more

Divorce, Request for Admissions

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Arizona's Minimum Wage Increases in 2015

As of January 1, 2015, the minimum wage in Arizona increases to $8.05 per hour. In 2006, the Raise the Arizona Minimum Wage for Working Arizonans Act became law. In part it provides for annual increases in the Arizona's minimum…more

Cost-of-Living, DOL, Employer Mandates, Minimum Wage

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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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Three Important Components of the Family Medical Leave Act

In 1993, President Bill Clinton signed the Family and Medical Leave Act (“FMLA”), which allows employees time off from their job to bond with their children, care for ill family members, or recover from their own serious health…more

ADA, Employee Rights, FMLA

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Damron Agreement or Stipulated Judgment Got You in a Bind? Arizona Supreme Court Considers Binding Effect of Fact Stipulations on Insurers in Quihuis v. State Farm

In Quihuis v. State Farm, --- Ariz. ---, 334 P.3d 719 (Ariz. Oct. 1, 2014), the Arizona Supreme Court recently held that a stipulated fact in a Damron Agreement that is both an element of liability and essential to establishing…more

Damron Agreement, Duty to Defend, Insurers, State Farm, Stipulations

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“OPT OUT” – DIVORCE WITHOUT COURT - Arbitration As An Alternative To The Traditional Court System

It is now common for divorcing spouses to seek means of resolving issues in their family law proceeding outside the traditional court system. As in many jurisdictions, the overwhelming numbers of cases and limited judicial…more

Arbitration, Divorce

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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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Three Important Components of the Family Medical Leave Act

In 1993, President Bill Clinton signed the Family and Medical Leave Act (“FMLA”), which allows employees time off from their job to bond with their children, care for ill family members, or recover from their own serious health…more

ADA, Employee Rights, FMLA

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Arizona Court of Appeals Recognizes Right of Publicity While Protecting Free Speech in Precedent Setting Case

For the first time ever, an Arizona state court has recognized that individuals enjoy a right of publicity that protects them from the unauthorized use of their name or likeness for commercial or trade purposes. In its April 24,…more

Estate Planning, First Amendment, Free Speech, Popular, Right of Publicity

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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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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
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Number of Attorneys

25-50 Attorneys

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