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Resources

Accommodating Pregnant Employees

March 22, 2015 Sacks Tierney Employment Law
The Supreme Court’s decision in Young v. UPS makes clear that employers should carefully review their policies and practices to ensure they do not unduly burden pregnant workers. On Wednesday, March 25, the U.S. Supreme [...]
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The Last Word: Arizona Supreme Court Confirms that Fair Market Value Protection Cannot Be Waived

March 14, 2015 Stephen Aron Benson James S. Samuelson Real Estate Law
Arizona’s anti-deficiency laws exist to prevent artificial deficiencies resulting from forced sales and to protect borrowers and guarantors from losing other assets to foreclosure. In a September 2013 article, we reported [...]
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Contingent Payment Clauses: Enforceable? Negotiable? Worth the Risk?

January 14, 2015 Sacks Tierney Construction Law
There is no easy answer to the question of whether contingent payment clauses are worth the risk, but understanding the nature of the law and the factors that should be considered can help you make an informed decision. By [...]
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FMLA: Communicating with Employees on Leave

January 3, 2015 Sacks Tierney Employment Law
Don’t end up in expensive litigation over something that could have been cured by spending a few dollars. A difficult issue is created for employers when they need to communicate with employees on leave. What is the best [...]
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The Unexpected “Vendee’s Lien”

October 14, 2014 Stephen Aron Benson James S. Samuelson Real Estate Law
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 [...]
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Arizona Same-Sex Marriage Triggers FMLA Eligibility

October 5, 2014 Sacks Tierney Employment Law
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 [...]
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Equitable Assumption of a Commercial Lease: Tips for Commercial Property Owners

July 14, 2014 Bryan J. Gottfredson Real Estate Law
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 [...]
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Fiduciary Duty in an Arizona LLC

April 12, 2014 Stephen Aron Benson Business & Corporate Law
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” [...]
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Drafting an Effective ADR Clause @ 11/5/13 (presentation)

November 5, 2013 David C. Tierney Construction Law
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 [...]
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Supreme Court Decides Cases in Favor of Employers

October 17, 2013 Sacks Tierney Employment Law
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 [...]
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