Full-Service Law Firm in Phoenix, Arizona - Arizona's Business Law Firm

Jaburg Wilk

3200 N. Central Ave.
Ste. 2000

Phoenix, Arizona 85012

Phone(602) 248-1000
Fax (602) 248-0522

Articles Published by Jaburg Wilk

 Top 10 Bad Questions to Avoid When Interviewing a Job Applicant

When interviewing job applicants, there are good questions and bad questions. A good question seeks relevant and helpful information about the person applying for the job and about the applicant’s job qualifications consistent with a business necessity for asking the question.

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

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 mailing—was invalidated by the Arizona Court of Appeals in Cemex Construction Materials South, LLC v. Falcone Brothers & Associates, Inc.

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 Arizona Reduces Punitive Damages in Insurance Bad Faith Case Again

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 award from $1,117,572 to $328,000—a 4:1 ratio to bad faith compensatory damages of $82,000.

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 Because it's the Rules

There are seemingly two types of people who live in houses or condominiums that are subject to rules and regulations, known as Codes, Covenants and Restrictions, or “CC&R’s.” There are those who live there because there are CC&R’s, and there are those who live there despite the fact that there are CC&R’s.

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 5 Easy Steps to Derail Your Attorney/Client Relationship

When clients come to me for legal advice, I assume they will consider my advice, if not follow it. However, for sake of argument, let’s say you are different and you want to know the best ways to negatively impact the attorney/client relationship.

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 Arizona Upholds $54 Million Reduction of Punitive Damages in Insurance Bad Faith Case

The Arizona Court of Appeals recently upheld a trial court's reduction of a $55 million punitive damages award to only $620,000 and further reduced the punitive damages to $155,000-a 1:1 ratio to compensatory damages.

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 Five Steps to Avoid and Minimize Probate and Trust Disputes

Litigators can be beneficial when there are disputes over probate and trust litigation. Probate and trust litigation can turn families into enemies and convert inheritances into attorneys’ fees. These disputes can fueled by sibling rivalry, blended families, family grudges, financial need, entitlement, revenge, greed, or spite.

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 Contractual Attorney Fee Awards May be Contested

The Court of Appeals has held that even where there is a contractual fee shifting provision, that the court retains discretion to limit any award to a reasonable level. Successful parties will have to be ready and able to prove that requested fees are reasonable, even where the other party has expressly agreed by contract to pay all fees.

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 Obesity in the Workplace

Is being overweight a protected disability under the Americans with Disabilities Act of 1992? According to a recent decision of the Montana Supreme Court and similar decisions in the federal courts, it is, or at least can be. Whether you are an employee or employer, there is no easy or safe shortcut to managing your legal rights and liabilities without the advice of competent employment law counsel.

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 Dovetailing Disabled Adult Child Benefits with Supplemental Security Income Benefits

A short window exists for a special needs child who is near age 18 to qualify for SSI by meeting the definition of disability. There is a distinction between SSI and DAC benefits. It is important to consult with an attorney who has expertise in both public benefits and special needs planning as both benefit rates and qualifications can and do change.

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 Judicial Foreclosure Creates Conflict for Redemption Rights and Fair Market Valuation

Arizona borrowers have two foreclosure options: non-disclosure (aka trustee sale) and judicial foreclosures. Arizona borrowers are not accustomed to judicial foreclosures, as the vast majority of foreclosures in Arizona are non-judicial. However, there are both legal and strategic reasons why a lender might choose judicial foreclosure over a trustee sale.

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 Arizona Court of Appeals Upholds Damron Agreement and Declares Facts in Stipulated Judgments

The Arizona Court of Appeals recently upheld as valid and enforceable a Damron Agreement in which an insured and its excess insurer assigned their rights against a primary insurer. In so holding, the Court of Appeals made the significant declaration that an insurer who refuses to defend is bound for purposes of coverage by any issues determined in a stipulated judgment that underlies a Damron Agreement.

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 Understanding Intellectual Property is Critical to Proper Due Diligence

Technology invades almost every aspect of our life and as a result intellectual property rights are valuable and complex. While traditional assets are usually easy to identify, IP assets are not. As an IP litigation attorney, Maria Crimi Speth has seen the problem from all perspectives.

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 Why Every Employer Needs a Social Media Policy

Social media sites can be a cost effective way to generate new business, but it is not without its pitfalls. There are an increasing number of cases where an employees' use of social media has created problems at the workplace, including ownership disputes of account and the outcome of YouTube video postings.

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 Top Tips About Binding Arbitration Clauses

The traditional method to handle a contract dispute has been to use the court system which has a long process and can be very expensive. Another alternative is binding arbitration which uses an outside third-party known as an arbitrator to hear, consider and decide the dispute. When faced with a contract dispute, parties frequently hire attorneys and use the court system to resolve their dispute.

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 Eight Warning Signs of Potential Employment Termination and Eight Ways to Respond

Being laid off or terminated from your employment is never easy. But did you by chance miss potential valuable warning signs? If you can look for and recognize the warning signs, you may be able to avoid termination, look for another job while still employed or take other preemptive corrective measures.

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 Estate Planning in 2012 - What Changes Should Be Made to Your Estate Plan?

What is the best approach for your estate plan and tax savings strategies in 2012? There are plenty of planning opportunities in 2012, regardless of actions that may be taken by Congress. With the uncertainty in the Estate Tax and Gift Tax Laws, coupled with an election cycle, many people are faced with the decision of what approach is best for both their estate plan and tax savings strategies in 2012.

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 What is an Appeal and Why Do I Need an Appeals Lawyer?

What is an Appeal and Why do I need an Appeals Lawyer? An appeal is a request for a higher court to review a lower court’s decision. An appeal is a request for a higher court to review a lower court’s decision. An appeals lawyer handles cases on appeal when a party loses or is unhappy with some part of the decision made by the lower court. The appeals court reviews the record made in the trial court.

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 ICE Storm Predicted - Arizona Employers Beware, I-9 Audits are on the Rise!

ICE has stated that they intend to conduct 3,000 Form I-9 audits. Unsuspecting Arizona employers will receive a Notice of Inspection, giving them “at least three days” to produce the requested I-9 documents. Since 2008, I-9 audits have increased by more than 375%. Employers should not be fooled into thinking that the I-9 auditor is harmless.

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 Be Bold During Commercial Lease Negotiations

A depressed commercial marketplace has resulted in a tenant’s market. Frequently, the lease terms for "Mom and Pop" shops are spelled out in the lease’s boilerplate provisions. Consider various scenarios and determine who – the landlord or tenant – is in the best position. By: Valerie Marciano, Esq.

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 Business Valuation in Divorce Proceedings: Understanding of the Basic Approaches to Value

Determining the valuation in divorce proceedings can often be contentious and difficult. There are three approaches to value any asset, business or business interest: 1) the asset approach, 2) the income approach and 3) the market approach. By: Mitchell Reichman

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 Where Did My Wikipedia Go? Just the Facts on SOPA and PIPA

Here are the facts on SOPA and PIPA and why Wikipedia went black on January 18th, 2012. The arguments for and against SOPA/PIPA are discussed as well as what the effect could be on you, your website and your ultimately your business. By: Maria Crimi Speth and Ashley A. Marton

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 New Arizona Court of Appeals Decision Adds Confusion to the Interpretation of the Anti-Deficiency Statutes

Anti-deficiency protection in Arizona has been extended to unfinished residences in which debtors intend to reside and applies to debtors who purchase vacant land with the intent to reside on the property upon completion of construction of a home even if they do not complete construction or actually occupy the property. This seemingly is a change in Arizona law.

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 Seven Steps to Set Your Pest Control Company Apart from Your Competitors

The appearance of your pest control technician matters. How something or someone looks impacts customers and their experience with your company. Study after study shows that consumers purchase with their eyes. Presentation matters. There is no doubt that how something or someone looks impacts customers and their experience with your company. Study after study shows that consumers purchase with their eyes.

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 Arizona's Minimum Wage Increased in 2012

January 1, 2012, the minimum wage in Arizona became $7.65 per hour. Arizona’s rate is .40 cents per hour higher than the federal minimum wage and you are required to pay the higher of the two. Arizona's minimum wage law ("AMWA") has some important variations from the federal minimum wage law. By: Gary J. Jaburg, Esq.

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 Do You Know and Understand Your Insurance Coverage or...

Business owners and individuals know they need insurance. But often they buy insurance products without a full understanding of what they are getting – or much worse, not getting! Many times a business owners claims to have "great insurance" and doesn't have any idea of what is covered and what is excluded.

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 ABLE – “Achieve a Better Life Experience”– Federal Legislation - What You Need to Know About the Proposed Law

“ABLE,” has been proposed again in both houses of Congress. The purpose is to encourage and assist individuals and families in saving private funds and to provide secure funding for disability-related expenses. At the urging of a number of national disability advocacy groups, federal legislation to "Achieve a Better Life Experience", more commonly known as "ABLE," has been proposed once again in both houses of Congress (HR 3423 and SB 1872) in November 2011.

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 The Reluctant Franchisor

A client may believe that they only want to do a license instead of a franchise due to the the heavily-regulated nature of franchising, but they are most likely drawing a conclusion that disregards the facts and/or the law. What is a franchise? What must franchisors disclose? By Susan E. Wells, Esq., Jaburg & Wilk, P.C.

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 Something New on the Arizona Anti-Deficiency Front For Construction Loan Foreclosures

Arizona homeowners, for the most part, are protected from their home mortgage lenders attaching other assets such as the cash in the bank, vehicles and jewelry following a foreclosure or trustee sale of their home. By: Valerie Marciano

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 Don’t Fire that Employee for a Facebook Posting Just Yet

Social media and social networking sites are everywhere. But what can employees post regarding their employer on these sites? Before your take disciplinary action know that depending on the nature of the posting, the employee may be engaging in what the National Labor Relations Board (“NLRB”) considers “protected activity.”

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 The Internet is About to Change – Are You Ready for New gTLDs?

Generic top level domains known as “gTLDs” are about to change. If you are thinking that this may be interesting but has no effect on you or your business, think again. Brand owners have several options for protecting their trademarks in this new unlimited gTLD system. By: Maria Crimi Speth

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 Warning! Co-Creation Hazard Ahead

Brainstorming and collaborating frequently produces superior work. Unfortunately it is common for disputes to arise over co-created materials. It is essential that the collaborators agree upon the terms of the arrangement. It is suggested that they enter into a written assignment of the copyright to avoid joint ownership of the copyright.

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 Protecting One's Reputation-How to Clear a Name in a World Where Name Calling is So Easy

Our reputations are dear to us. As long as humans have walked the earth, we have cared deeply about what others say and think about us. Whether a hunter in ancient times or the CEO of a major company, everyone cares about their reputation.

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 Managers Can be Manipulated and Subsequently Burned, Be Wary of the Monkey and the Cat's Paw Fable

A recent case from the United States Supreme Court stands as a warning: know why the employee is being fired. If the company fires an employee based on a supervisor's recommendation, and the supervisor was motivated by an illegal reason, the company may be liable for illegal discrimination.

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 Easy Steps to Protect Your Website from Being Copied

Website copying is common because of the popular myth that if something is on the Internet; it is in the "public domain" and therefore can be used by anyone.

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 Doing Your Homework Now Will Yield Future Rewards in Franchising

If you're in the restaurant business, you may have considered franchising your business. There may be visions of your brand name spread across the world, dollar signs and piña coladas on the beach gently floating through your mind.

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 Is My Domain Name a Trademark?

Is My Domain Name a Trademark? This is not only a common legal question but also a great question as the answer is - it depends! A domain name simply is an address on the Internet.

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 What About that Fine Print? Website "Terms of Use" and "Privacy Policy"

Whether your business has always been Internet based or your traditional brick and mortar business has evolved to a click and mortar business, you have a website. It's likely that you know that you need the fine print - "terms of use" and a "privacy policy."

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 Have You Ever Been Greenwashed?

Stating that you have a 'green' product or service may bring you business, but be careful that you can back them up with verifiable data.

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 Should I Register the Copyright on My Website?

In today's global market place, virtually every business has a website, and many of those sites are content-rich. Websites are often filled with original writings and pictures. Much of that original content is marketing, while other content consists of informative articles, tips and guides to grab and keep the attention of visitors to the site. A great deal of time and effort is spent creating a content-rich website that will position your business as a leader in the market place.

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 Trademark Owners Beware of Domain Name Marketing Ploys

Let's face it, some marketing ploys are pretty clever and some spam is brilliantly disguised as valid e-mail.

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 Trademark Monitoring Made Easy

As a business owner who is not only concerned with managing your costs, but also concerned with protecting your brand identity, you may have contemplated whether or not trademark monitoring is worth the fees charged by monitoring companies.

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 How To Discover The Identity of An Anonymous Internet Author

Suppose you discover that someone has anonymously posted a statement about you online that's not just harshly critical opinion, it's blatantly false. You are considering filing a defamation lawsuit against the author, but there's a problem-the statement was made anonymously and you have no idea who could have posted it. How can you discover the author's true identity? Is that even possible?

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 Protecting Your Business Name on the Internet

People either find your business on the Internet or they find your competition. Your business likely has some presence on the web. Usually it is a website that uses your business name as its "domain name" such as ABCcompany.com. The term domain name simply describes the characters that identify your website.

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 Protect Your Image

The first step toward success for most businesses is customer recognition. As business people, we work toward creating an image for our company which our customers and potential customers identify with our products or services. We strive to provide quality products or services and gain name recognition at the same time. The long-term goal is that our business name or logo is not only recognized but also equated with quality.

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 What Every Business Owner Should Know about Intellectual Property

Your business keeps track of all of its assets, inventorying what it owns and the value of what it owns. Or does it? It is not unusual for businesses to focus only on their tangible assets in considering that issue. Business owners sometimes forget that every company owns intellectual property, property that is not tangible but is sometimes more valuable than its tangible assets.

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 Protect Your Artwork

This article will arm you with the knowledge you need to protect your artwork or photographs, and put to rest some common myths.

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Videos Provided by Jaburg Wilk

What Damages Can I Recover If My Copyright Is Infringed Upon?

What is Spousal Maintenence and how is it determined?

How long will my divorce take and how much will it cost?

What should my company be aware of when launching a new website?

What is an appeal and how do I know if I should appeal?

What is a petition for dissolution of marriage and what does it mean to serve the petition?

How can business owners manage legal risks?

What is at will employment law?

Can I appeal a dissolution?

What is a Resolution Management Conference?

Can I complete my divorce without a trial?

Can a website copy terms of use or a privacy policy from a similar website?

Which types of employers are more susceptible to get sued?

What do we do with the children once the divorce action is filed?

Can business partner disputes be defused? Can a client avoid expensive litigation?

What do creditors need to know about litigation in state court and bankruptcy court?

Are there going to be new generic top level domains available in the future?

What is a whistleblower?

If I was not happy with my lawyer, can I appeal and show evidence I wanted to present?

Can my ex-spouse see our children if he/she does not pay the court ordered child support?

Should I Get a Job While Going Through My Divorce? Can I Quit My Job?

Are websites legally responsible for content posted by their users?

Do I need permission to use images from Google on my website?

What are vanilla collection lawsuits and secured remedies?

What is Wrongful Termination in Arizona?

What is alternative dispute resolution?

What Makes Jaburg Wilk Different?

Who pays attorney fees in a divorce proceeding?

How is Child Support Calculated?

What Remedies Are Available Through the Registrar of Contractors?

The JW Way

What is a Morris Agreement?

Understanding Based Mediation vs. Traditional Mediation

Has the Affordable Care Act influenced COBRA? What if my employer fails to offer COBRA?

Warning Signs to Watch for that Signal You Might be Terminated

Do all cases need to go to trial?

What is a Damron Agreement?

Is a trial my only option during a divorce?

What is a Stop Notice?

What are field sobriety tests? Do I have to take them?

How is litigation involving spouses handled in Arizona?

Do Employers Have to Pay For All Time Worked?

Do I need an attorney if I am buying or selling a business?

Do same sex couples have the same legal rights as other couples?

What are the steps of an appeal?

What is Opting Out?

How much will I receive in spousal maintenance?

What do insurance companies need to know about punitive damages in Arizona?

What is a PBT? Do I have to cooperate?

What is arbitration?

Are there drawbacks to positive thinking in legal transactions?

Are website terms of use enforceable?

What are the advantages of mediation?

Insurance Companies and the Attorney-Client Privilege in Arizona

What is a Parenting Coordinator and Why Do We Need One?

What if I am pulled over and suspected of driving under the influence?

If I won my case, why do I need to worry about an appeal?

How Can I Develop a Neutral Approach When Entering Into A Deal?

Why does my spouse have an interest in my separate business?

Do healthcare professionals have to report legal trouble to their licensing board?

Should I include a Social Media Clause in my Prenuptial Agreement?

Can an employer require drug testing in the workplace?

What is Mediation?

How can someone prepare for the first meeting with an attorney?

Can I collect my judgment if the other side is appealing?

The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and c

Kathi Sandweiss of the Arizona law firm Jaburg Wilk discusses the apellate process and explains how only the court record is reviewed for an appeal.

The stakes run high in an appeal. That is when strength matters most and when laymen and lawyers alike turn to Jaburg Wilk's appellate attorneys. Our depth of experience and our strong presence inspire confidence in both co-counsel and clients.

Our Arizona appeals attorneys are knowledgeable advocates who have successfully argued key cases before the Arizona Court of Appeals, Arizona Supreme Court, the federal appeals courts , and other appellate venues.

Jaburg Wilk's versatile appeal attorneys tackle diverse cases that frequently fall within Arizona state or federal appellate court jurisdiction, with special emphasis in labor and employment law, domestic relations, bankruptcy law, commercial litigation, constitutional law, and civil rights litigation. We strive to succeed where others have failed.

Whether as independent counsel or in an advisory capacity, we bring to your case the strategic planning, thorough research, superior writing and strong advocacy that are unique and essential in this area of law.

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