Jaburg Wilk

Supreme Court Rules on Cheerleader Uniform Case

On March 22, 2017, the Supreme Court rendered its decision in what many refer to as the cheerleader uniform case. Star Athletica, LLC v. Varsity Brands, Inc…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Auto Dealership Liability for Accidents Occurring During Test Drives: How to Protect Your Dealership

Prospective car buyers are no different than the drivers we encounter daily on the road: some are skilled, some are not so skilled. Add to that the prospective buyer’s unfamiliarity with the vehicle they are test-driving,…more
| Commercial Law & Contracts, Insurance, Personal Injury, Transportation

Be Yourself

If we all were the same, the world would be a boring place. This is a favorite saying of mine. And it's true. There always are "in" jobs and professions. I am sure most of us think of the tech space as in and seem impressed when…more
| Law Firm Marketing, Law Practice Products & Services

Arizona Court of Appeals Confirms “Subcontractor Exception” to “Your Work” Exclusion Does Not Apply to Additional Insured General Contractor Seeking Coverage For Defective Work of Named Insured Subcontractor

In Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC, --- P.3d ----, 2016 WL 7508079, *1 (Ariz. Ct. App. Dec. 30, 2016), the Arizona Court of Appeals reversed the trial court’s grant of summary judgment…more
| Commercial Law & Contracts, Construction Law, Insurance, Personal Injury

Sanctions and the Terrible, Horrible, No Good, Very Bad Appeal

This may not be a book my new grandson Felix will soon be reading, but it does raise a legitimate question: When you really, truly, believe a federal appeal is frivolous, and not just garden variety, I know you’re going to…more
| Civil Procedure, Civil Remedies

How to Avoid the Implied Waiver of the Attorney-Client Privilege In Arizona Insurance Bad Faith Cases

In State Farm v. Lee, 199 Ariz. 52, 13 P.3d 1169 (2000) (En Banc), the Arizona Supreme Court first held that an Insurer can impliedly waive the attorney-client privilege (the “Privilege”) in a bad faith case, despite not…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Insurance

Guidelines to Assist an Insurer’s Analysis of Whether a Court Will Find an Implied Waiver of the Attorney Client Privilege in Arizona Bad Faith Cases

Because Arizona cases touching on this issue are copious, confusing, and complex, we note the following guidelines—though sometimes conflicting—have emerged from Lee and its progeny and will assist an Insurer’s analysis of…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Insurance

Tips to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases

Although Arizona law regarding the implied waiver of the attorney-client privilege (the “Privilege”) is far from certain, an Insurer may avoid a waiver by following these tips..…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Insurance

Federal Appellate Rule Changes

The amendments to the Federal Rules of Appellate Procedure, effective December 1, 2016, arise, for the most part, out of changes in technology. Some of the amendments refine prior Rules that, while taking into account…more
| Civil Procedure

What Does “At-Will” Employment Mean?

Most Arizona employers are aware that Arizona is an “at-will” employment state. However, many do not understand what that means. In short, it means that an employee can be terminated for any reason or no reason, except a list…more
| Labor & Employment Law

Do You Have Inspiration?

Isn't the real answer to that question "Yes, sometimes." That's because the source of inspiration is mostly unknown. That is why it can hit you at times that seem unlikely, such as the middle of the night or when you are in the…more
| Law Practice Products & Services

Separate Property and Arizona Marital Community Equitable Lien Rights

In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not precedential;…more
| Civil Procedure, Civil Remedies, Family Law, Real Estate - Residential

Joint Legal Decision Making Must Parental Addresses be Disclosed?

A recent Arizona Court of Appeals Division Two case - Jorgenson and Giannecchini - addressed whether a wife was required to disclose her residential address to her former husband. The opinion is a memorandum decision…more
| Civil Procedure, Civil Remedies, Family Law

Why is it Time for an Annual Checkup for Both You and Your Company 2016 Version

Over the past few years many of you probably read my blog regarding having a checkup for you and your business. This does not involve the doctor, but it does involve all the other professionals in your personal and business…more
| Business Organizations, Commercial Law & Contracts

The Implied Covenant of Good Faith and Fair Dealing

Anybody who has ever had a child has heard the refrain “but that’s NOT FAIR.” While the concept of “fairness” plays a big role in how the world should operate in the minds of children, there is sometimes a disconnect between…more
| Commercial Law & Contracts, Real Estate - Commercial, Real Estate - Residential
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3200 N. Central Ave.
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Phoenix, AZ 85012, United States

Contact: Brenda Edwards, Executive Director

  • (602) 248-1000
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