Ryley Carlock & Applewhite

Colorado Medical Marijuana Case is Not as Far-Reaching as Expected

On June 15, 2015, the Colorado Supreme Court issued its highly anticipated decision in Coats v. Dish Network. In a unanimous decision, the court in Coats upheld the termination of an employee who failed a random drug test after…more
| Conflict of Laws, Labor & Employment Law

2015 Arizona Legislative Amendments Affecting Real Estate Lending

The following information accompany a presentation Mike gave to members of the Arizona Commercial Mortgage Lenders Association (ACMLA) on May 12, 2015. A summary of legislative amendments enacted during the most recent session…more
| Civil Procedure, Civil Remedies, Construction Law, Finance & Banking, Real Estate - Commercial

New Restrictions on Arizona State Agency Rulemaking

The Arizona Legislature this year passed House Bill 2297, adding new A.R.S. section 41-1038. Effective July 3, 2015, Arizona state agencies will be prohibited from adopting new rules unless the rules comply with the…more
| Administrative Law, Elections & Politics

2015 Update of Arizona's Anti-Deficiency Laws

Deadline for seeking deficiency. Section 33-814(A) of the Arizona Revised Statutes allows a foreclosing creditor (the "beneficiary"), within 90 days after the date of a trustee's sale, to commence an action to recover a…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Crowdfunding Gets Local: What Entrepreneurs and Start-Ups Need to Know to Capitalize on Exemptions for Intrastate Crowdfunding in Arizona and Colorado

Many entrepreneurs and start-up companies are looking for innovative ways to raise money without the red tape of the securities laws. Crowdfunding is often touted as the solution to this dilemma. In its simplest terms,…more
| Business Organizations, Communications & Media Law, Finance & Banking, Securities Law

Arizona Enacts New Asbestos Trust Claim Disclosure and Evidence Statute

The Arizona legislature recently enacted A.R.S. § 12-782 to prohibit claimants from obtaining duplicative or excessive recoveries in asbestos personal injury lawsuits. Section 12-782 impacts personal injury plaintiffs that also…more
| Bankruptcy, Civil Procedure, Civil Remedies, Products Liability, Toxic Torts

Source Aggregation: Recent Court Decision Addresses Whether Certain Facilities are "Adjacent"

On February 23, 2015, the U.S. District Court for the Middle District of Pennsylvania issued a decision finding eight compressor stations to be "separate sources" under the Clean Air Act and State of Pennsylvania regulations…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Land Subsidence Damage Caused by Groundwater Withdrawals in Arizona: Who Pays?

Land subsidence is a problem that affects many areas of the world, with well-publicized case studies in Mexico City, Tokyo, and certain areas within California and Arizona…more
| Construction Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Real Estate - Residential

EPA Proposes Eliminating State Regulations as to Startup, Shutdown, and Malfunction Emissions

Operating conditions during periods of startup, shutdown, and malfunction (SSM) are not normal and often result in unrepresentative emissions that exceed permitted limitations. Originally published in The Natural Gas &…more
| Energy & Utilities, Environmental Law

3 (of Many) Shortcomings of the EPA and Army Corps' Proposed Rule to Define "Waters of the U.S."

On April 21, 2014, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly released a new Proposed Rule – Definition of Waters of the U.S. Under the Clean Water Act – that would amend…more
| Administrative Law, Constitutional Law, Environmental Law

Overcoming Barriers to Sustainable Development

As a real estate attorney who's had the privilege to work on several projects that attempted, sometimes successfully, sometimes not, to implement new sustainability initiatives, I've come to learn that it's not so simple to…more
| Environmental Law, Real Estate - Commercial

Client Alert: EPA Issues Changes to Due Diligence Requirements for AAI Under CERLCA

On October 6, 2014, EPA issued a final rule mandating the use of the 2013 standard, ASTM E1527-13, for conducting Phase I Environmental Site Assessments for satisfaction of All Appropriate Inquiries ("AAI") under CERCLA. …more
| Environmental Law

Protect Your Estate from Beneficiary Bankruptcy: Lessons from Clark v. Rameker

In the preparation of a comprehensive estate plan for a client, an attorney must consider the size of the estate, the manner in which assets are titled, transfer and income tax issues, and family dynamics. In light of the…more
| Bankruptcy, Wills, Trusts, & Estate Planning

EPA Reinforces Standards to Use "Representative Data" After Sierra Club

On January 22, 2013, in Sierra Club v. EPA, the US Court of Appeals for the District of Columbia issued an opinion that addressed some Prevention of Significant Deterioration (PSD) permitting program issues. Following this case,…more
| Civil Procedure, Construction Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Legal Updates for Government Entities Covering May and June 2014

Arizona Court of Appeals (heading) Immunity under A.R.S. § 12-820.03 Glazer v. State of Arizona, --P.3d--, 2014 WL949114 (Ariz.App. 2014) This case arises out of a cross-over crash on I-10 south of Phoenix…more
| Civil Procedure, Constitutional Law, Criminal Law, Personal Injury, Privacy
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One North Central Avenue Suite 1200
Phoenix, AZ 85004-4417, United States

  • (602) 258-7701
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Areas of Practice
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Other U.S. Locations
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100+ Attorneys

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