Resources

A vendee’s lien is an equitable lien created by the courts as a remedy to protect purchasers of real property when the seller cannot perform under the contract. The bank decides to fund construction and records a deed of [...]

Arizona’s FMLA-covered employers must now provide leave to employees for the purpose of caring for a same-sex spouse. Last week, same-sex marriages were made legal in Arizona. The lifting of the state’s [...]

If a subtenant who has not signed a sublease fails to pay rent, the landlord may be able to enforce the original lease terms against the subtenant. Nonetheless, that “detail” has slipped through the cracks for too [...]

In a recent ruling, the Arizona Court of Appeals declined to “mechanically apply” to LLCs the same fiduciary duty principles that apply to corporations and partnerships. n recent years, the “limited liability company” [...]

A cautionary note – we spend too much time trying to make sense out of arbitration agreements precisely because litigants spend too little time in drafting them. Read More [...]

Restrictive Covenants in Employment Agreement Found to Be Too Broad The Orca decision reaffirms that any restrictive covenants in an employer’s agreement with an employee must be narrowly tailored to protect only the [...]

The Orca decision reaffirms that any restrictive covenants in an employer’s agreement with an employee must be narrowly tailored to protect only the company’s legitimate business interests. Under Arizona law, [...]

During the last couple of years, Arizona courts have handed down a number of decisions that affirmed or strengthened certain protections in the mortgage and deed of trust statutes. The Arizona Court of Appeals’ [...]

Failure to cross-appeal may result in waiver of certain arguments and, on occasion, have a preclusive effect in further litigation You have obtained a judgment in federal district court, but celebration is short lived: the [...]

A Michigan case in which a solvency covenant within the “bad boy” provisions of a non-recourse loan was ruled unenforceable could affect lender lawsuits in other states Many commercial real estate loans made in the past [...]