Resources

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 [...]

Proposed requirement to post notice of employee rights violates employer’s First Amendment rights, court rules A ruling viewed by employer groups as a big victory was issued by the U.S. Court of Appeals for the District of [...]

An update of David Tierney’s September 2010 article, “Arbitration in Arizona: Changes Are Coming” I. ANCIENT HISTORY In 1962, just before the Vietnam War began to escalate, the State of Arizona (which was [...]

Brief is filed on behalf of the Navajo Nation and Native American voters in defense of the Act’s pre-clearance provision Sacks Tierney has filed an amicus (“friend of the court”) brief with the U.S. Supreme Court to [...]

On December 6, 2012, the Arizona Supreme Court rescinded its November 21 order that prohibited a lien service company from signing notices and liens as an agent of its customer. For the sake of convenience and organization, [...]

A September 2012 court opinion reaffirms the necessity for both parties to sign, and it raises new questions about what constitutes an “electronic signature” The Arizona Court of Appeals’ recent decision [...]

A recent NLRB decision requires employers to assess the need for, and extent of, investigative confidentiality on a case-by-case basis. Investigations in the workplace may be conducted in response to a wide variety of [...]

Under the Voluntary Classification Settlement Program, qualifying employers can reclassify independent contractors as employees, and gain significant relief from liability for past federal employment taxes. Workers are either [...]