Ryley Carlock & Applewhite

13 Questions to Ask Yourself About Marketing Claims to Help Avoid an FTC Enforcement Action

In the U.S., the promotion of nearly all consumer products and services is regulated by the Federal Trade Commission (FTC). In addition to the FTC regulations on advertising, in Title 16 of the Code of Federal Regulations, the…more
| Antitrust & Trade Regulation, Communications & Media Law

Charitable Remainder Trusts: A Viable Strategy for Building Wealth, Maximizing Tax Deductions, and Supporting a Beloved Charity

While most of us think of charitable giving around the holidays (or around tax time!), for many it is prudent to plan your giving to receive all of the benefits that are available to you. Planned giving comes in many forms…more
| Finance & Banking, Taxation, Wills, Trusts, & Estate Planning

A New Decision Under the False Claims Act Could be of Great Help to the Healthcare Industry

When it comes to the False Claims Act, the government usually wins, but a recent decision should provide the healthcare industry with a rare sigh of relief. The opinion in United States v. AseraCare Inc.1 acknowledges the…more
| Civil Procedure, Government Contracting, Health

Recent Arizona Case Law and Other Developments Affecting Real Estate Lending

Recent Arizona Case Law - Dobson Bay Club II DD, LLC v. La Sonrisa De Siena, LLC (AZ Court of Appeals 2016). The borrowers signed a $28.6 million note and DOT to CIBC. The note required interest-only payments with a…more
| Civil Procedure, Finance & Banking, Real Estate - Commercial

Recent Arizona Case Law and Legislative Developments Affecting Real Estate Lending

The following information accompany a presentation Mike gave to members of the Arizona Commercial Mortgage Lenders Association (ACMLA) on March 8, 2016. A summary of legislative amendments enacted during the most recent session…more
| Commercial Law & Contracts, Construction Law, Finance & Banking, Real Estate - Residential, Real Estate - Commercial

Potential Limitations on Gift Tax Strategies Coming Soon

Valuation discounts have been a significant component of estate planning for many years. By contributing assets to a family entity and gifting or selling an interest in the entity to family members, you can effectively remove…more
| Business Organizations, Taxation, Wills, Trusts, & Estate Planning

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
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Phoenix, AZ 85004-4417, United States

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Areas of Practice
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