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 [...]
Arbitration in Arizona: Changes Have Arrived
March 14, 2013
Dispute Resolution
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 [...]
Court Rescinds Order Barring Document Signing by Lien Service Companies
December 10, 2012
Construction Law
On December 6, 2012, the Arizona Supreme Court rescinded its November 21 order that prohibited a lien service company from signing notices and liens as an agent of its customer.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, [...]
Signature Requirements in Arizona Real Estate Commission Agreements
October 14, 2012
Real Estate Law
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 [...]
Confidentiality in Investigations: A Trap for Unwary Employers?
September 14, 2012
Employment Law
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 [...]
IRS Program Offers Employers a Break for Misclassifying Workers
September 14, 2012
Employment Law
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 [...]
Tribal and private entities seeking to hire workers on or near a reservation should be aware of confusing and conflicting statutes and case law that can affect the employment relationship. Generally, tribes and tribally owned [...]
The Arizona Court of Appeals provides limited clarification on anti-deficiency protection when the foreclosed loan has replaced the purchase money loan It is a sobering sign of the times that, in the past several months, [...]
When property value is less than the face amounts of multiple liens, leading to fights over who gets paid first, the concept of equitable subrogation can come into play. In the past few years, we have seen a significant [...]