To avoid ROC discipline, contractors that perform restoration work would be wise to ensure that their form contracts comply with Arizona law. The massive hail storm that tore through the Valley in October 2010 not only caused [...]
NLRB Takes Aim at Employee Handbooks
March 23, 2015
Employment Law
Overly broad handbook provisions threaten employee rights to engage in “protected concerted activity,” NLRB report warns. On March 18, 2015, the National Labor Relations Board (NLRB) General Counsel issued a report [...]
Accommodating Pregnant Employees
March 22, 2015
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 [...]
The Last Word: Arizona Supreme Court Confirms that Fair Market Value Protection Cannot Be Waived
March 14, 2015
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 [...]
Contingent Payment Clauses: Enforceable? Negotiable? Worth the Risk?
January 14, 2015
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 [...]
FMLA: Communicating with Employees on Leave
January 3, 2015
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 [...]
The Unexpected “Vendee’s Lien”
October 14, 2014
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 [...]
Arizona Same-Sex Marriage Triggers FMLA Eligibility
October 5, 2014
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 [...]
Equitable Assumption of a Commercial Lease: Tips for Commercial Property Owners
July 14, 2014
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 [...]
Fiduciary Duty in an Arizona LLC
April 12, 2014
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” [...]