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State AG Pulse | Money Is The Mother’s Milk of Politics
There has been a recent surge of privacy class action lawsuits under the Arizona Telephone, Utility, and Communication Service Records Act targeting the use of common email marketing analytics technologies. Defendants are...more
On August 15, 2024, the Federal Trade Commission (“FTC”) and Arizona Attorney General announced a proposed settlement with an Arizona-based vehicle dealership to resolve allegations that the dealership misrepresented prices...more
In Joseph Silence v. Shane T. Betts No. 1 CA-CV 23-0178, the Arizona Court of Appeals affirmed Maricopa County’s Superior Court’s decision and clarified how Proposition 209’s Savings Clause applies to garnished wages before...more
Last week, Arizona Attorney General (AG) Kris Mayes filed a lawsuit against FCA (formerly Fiat Chrysler) and Cummins for alleged violations of the Arizona Consumer Fraud Act by falsely advertising that certain vehicles were...more
Arizona Attorney General Kris Mayes sued FCA US LLC (d/b/a Fiat Chrysler Automobiles) and Cummins, Inc. (Cummins) alleging that the engine and vehicle manufacturers violated Arizona consumer protection laws by installing...more
With the renewable energy boom underway everywhere, Arizona offers an attractive market for renewable energy facilities, with lots of sunshine and even a bit of wind up north. And, despite what you may have heard about our,...more
Providers and payers contracting with Arizona’s Medicaid agency, the Arizona Health Care Cost Containment System (“AHCCCS”), and all such AHCCCS contractors’ subcontracts must reference and require compliance with the AHCCCS...more
To vote in Arizona, an individual must not be “adjudicated an incapacitated person.” This is an addition to other requirements such as being over 18 years old, a U.S. citizen, and an Arizona resident. Capacity to vote arises...more
On June 10, 2024, the Ninth Circuit entered an opinion finding that the Choctaw Nation had expressly waived its sovereign immunity against arbitration, determining that the contractual provision between the Nation and...more
By Craig K. Williams, David W. Wilhelmsen, and Amanda M. Manke Retainage is a practice, standard in the construction industry, of withholding predetermined portions of payments due to the contractor until the project is...more
Sellers and borrowers involved in real estate transactions are customarily asked to sign indemnity agreements in favor of the title insurer. In April 2024, the Arizona legislature amended A.R.S. § 20-1591, which will impact...more
UPDATED 5/30/2024: Prop. 209 became law on December 5, 2022, but was immediately challenged by the Arizona Creditors Bar Association and several other organizations as unconstitutionally vague and internally inconsistent....more
The rapid expansion of artificial intelligence deep fake technology has caused Arizona to take critical steps to help protect the integrity of upcoming elections. Calling it an “emergency measure that is necessary to preserve...more
In the last edition of Under Construction, we offered a basic introduction to Arizona’s mechanics and materialmen’s liens. This time, we discuss the issues related to timing of such liens...more
Co-author: Christian Parker The Court of Appeals in Arizona (“Court”) in a May 14th Opinion addressed a tax issue involving renewable energy requirements. See Agua Caliente Solar, LLC v. Arizona Dept. of Revenue. No....more
Plaintiffs’ counsel have developed a new weapon in their arsenal for privacy litigation involving tracking pixels: Arizona’s “Telephone, Utility and Communication Service Records Law,” A.R.S. § 44-1376 et seq....more
In Arizona, municipalities and special taxing districts, such as community facilities districts, are required to use public procurement procedures in connection with the acquisition and construction of public infrastructure....more
Last summer we wrote about the notable questions of the applicability of Arizona Proposition 209, or the Predatory Debt Collection Act (the Act), due to the Act’s savings clause. On April 30, 2024, in a blow to the debt...more
On April 23, the Federal Trade Commission voted 3-2 to adopt a final rule banning noncompete agreements. The FTC defines a "non-compete clause" broadly as a term or condition of employment that prohibits a worker from, or...more
The U.S. District Court for the District of Arizona recently evaluated the reasonableness of two restrictive covenants—the nonsolicitation of customers and the nonsolicitation of employees—along with claims related to...more
In the aftermath of the Supreme Court’s decision to overturn the federal constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, individual states continue to decide the legality of abortion on a...more
The Arizona Department of Environmental Quality (“ADEQ”) filed suit against a company alleging that it was violating an Administrative Consent Order (“ACO”). What made the lawsuit unusual was that ADEQ also sued 3 individual...more
In a move that could have significant implications for Arizona’s environmental policy and economy, the Arizona Chamber of Commerce and Republican leaders of the Arizona legislature have filed a lawsuit against the...more
Novel psychiatric cannabinoids legalized by the 2018 Farm Bill remain under attack by state regulators. Most recently, the Arizona attorney general opined that “Arizona law does not permit the sale of delta-8 and other...more
On December 7, 2023, the Arizona Court of Appeals held in State of Arizona v. Foothills Reserve Master Owners Association, Inc. that 589 homeowners in an Ahwatukee subdivision were not entitled to “proximity damages” after...more