Jaburg Wilk

Options and the Right of First Refusal in Commercial Leases

In commercial leases, it is common for the tenant to be given the “option” to continue to lease their premises for a new term commencing immediately upon the expiration of the existing term. Although the option only favors the…more

Commercial Leases, Commercial Tenants, Renewal Options, Right of FIrst Refusal, Tenants

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Critical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects

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…more

Construction Industry, Construction Project, General Contractors, Mail, Notice Requirements

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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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Frequently Forgotten Divorce Asset: Loss Carry-Forwards

Loss carry-forward is a frequently forgotten asset in divorces. Whether the loss arises from the operation of a business (Net Operating Loss) or sale of stocks (capital loss), it is a valuable asset which may be used to offset…more

Capital Losses, Carry Forward, Community Property, Divorce, IRC

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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 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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Employers Beware! Government Agencies Are Out To Bust You For Misclassifying Your Employees As Independent Contractors

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…more

Common Law Agency Test, DOL, FLSA, Government Agencies, Independent Contractors

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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, Healthcare, Healthcare Providers, ICD Codes

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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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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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Why it is Crucial to Designate a HSA Beneficiary?

As high deductible health insurance plans are becoming more popular, an important component is health savings accounts (HSA). In addition to having current tax advantages, there is specific tax treatment of HSA accounts upon…more

Beneficiaries, Beneficiary Designations, Health Savings Accounts, HSA, Human Resources Professionals

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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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Arizona's "Whistleblower" Laws: Tread Carefully

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…more

Adverse Employment Action, Hiring & Firing, Retaliation, Sarbanes-Oxley, Termination

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Arizona Reduces Punitive Damages in Insurance Bad Faith Case Again: Arellano v. Primerica Life Insurance

In Arellano v. Primerica Life Insurance Company, 235 Ariz. 371, 332 P.3d 597 (App. 2014), despite finding an insurer’s conduct moderately to highly reprehensible, the Arizona Court of Appeals recently reduced a punitive damages…more

Appeals, Bad Faith, Breach of Contract, Compensatory Damages, Due Process

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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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Arizona's "Whistleblower" Laws: Tread Carefully

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…more

Adverse Employment Action, Hiring & Firing, Retaliation, Sarbanes-Oxley, Termination

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Dot Sucks: A Battle Between Trademark Rights and Free speech

When the organization responsible for assigning domain names announced several years ago that it would expand the generic top level domain name system from the previous 21 to an unlimited number, brand owners knew their legal…more

Cybersquatting, Domain Names, Free Speech, gTLD, ICANN

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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

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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