Resources

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 [...]

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On December 6, 2012, the Arizona Supreme Court rescinded its November 21 order that prohibited a lien service company from signing notices and liens as an agent of its customer.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