Resources

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 [...]

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 [...]

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 [...]

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, [...]