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 [...]
Medical Marijuana Dispensary Update
April 14, 2012
Marijuana Business
With the legal challenges largely resolved, the dispensary application process will move forward. Competition to obtain one of the approximately 125 dispensary registration certificates is expected to be very intense. In [...]
Social Networking and the Workplace
April 14, 2012
Employment Law
Well-intended employment policies designed to protect the company from employees’ misuse of Facebook and other social media services can have grave legal and regulatory consequences. As the use of social media and [...]
Reducing the Risk of Wrongful Termination
March 14, 2012
Employment Law
Before firing an employee, employers should analyze the potential for a lawsuit or administrative claim A common belief among many employers is that, because Arizona is an at-will employment state (i.e., in the absence of a [...]
Compare and Contrast: The AIA A-401 and the ConsensusDOCS 750 Forms of Subcontract
March 12, 2012
Construction Law
ASA Subcontract Addendum 2011 • ASA Short Form Subcontract Addendum 2011 In 2011-2012, the ASA of Arizona Contract Study Group undertook an in-depth look at the AIA A401-2007 Subcontract. The AIA provisions are compared and [...]
Indian Water Rights: Relevant Case Law
October 14, 2011
Indian Law
As jurisdictions seek to develop sustainable water supplies, disputes between non-Indians and Indian tribes will continue, joined by disputes that position one Indian tribe against another. New challenges include issues of a [...]
Medical Marijuana in Arizona: The Dispensary Application Process
September 14, 2011
Marijuana Business
For would-be operators of an Arizona medical marijuana dispensary, the application process and eligibility requirements are generally straightforward, with one glaring exception: operating the dispensary on a non-profit basis [...]
Strict application of the common law merger rule may no longer be viable; in Arizona, courts may look instead to the intentions of the parties Unless you spent the summer reading Ken Follett’s World Without End, you [...]