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Resources

“Bad Boy” Provisions in Commercial Real Estate Transactions

January 14, 2010 Stephen Aron Benson Real Estate Law
Many long-term commercial loan transactions are essentially non-recourse except for certain carve-outs or “bad boy” provisions – describing events which, if they occur, can create partial (or even total) personal [...]
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The Protecting Tenants at Foreclosure Act: Changing the Rules of the Game

July 14, 2009 Stephen Aron Benson Real Estate Law
For tenants without a written lease, a prudent approach for a lender or purchaser would be to provide the 90-day notice to vacate regardless of whether the tenant meets the “bona fide” requirements In May 2009, as part of [...]
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Arizona Anti-Deficiency Laws: a Guide to Navigating Uncertainty

May 14, 2008 Sacks Tierney Real Estate Law
Given the two statutes and the various considerations that must be taken into account, no strategy works every time The distressed residential real estate market has prompted some lenders to ask us about possible foreclosure [...]
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Some Key Changes in the New 2007 AIA Documents

April 12, 2008 David C. Tierney Construction Law
The latest revision of the form documents (released in December 2007) has altered a few of the numbers in the numbering system by which we all used to refer to the AIA form documents Since 1888, thus for 120 years, The [...]
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“Defeasance”

October 14, 2007 Stephen Aron Benson Real Estate Law
What is a defeasance transaction, and why are we hearing so much about it lately? The concept of “defeasance” originated in the municipal bond market. In the 1990’s, the concept was adapted to the commercial [...]
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Ninth Circuit Issues Decision on Tribal Court Jurisdiction Over Non-Members

March 14, 2006 Patty A. Ferguson-Bohnee Indian Law
A case summary of Smith v. Salish Kootenai College, published in The ARROW, the newsletter of the Indian Law Section of the State Bar of Arizona (In the Ninth Circuit, an en banc panel consists of eleven judges, instead [...]
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Waivers of Sovereign Immunity Key to Contracting with Indian Tribes

September 14, 2005 Judith M. Dworkin Sharon B. Shively Indian Law
Sovereign immunity poses a unique consideration for private companies that contract with a tribal entity, but it need not be a deterrent Sovereignty has varied meanings but can generally be defined as “the power to [...]
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Workers’ Comp Benefits for Injured Impaired Employees

September 14, 2005 Sacks Tierney Employment Law
The Arizona Supreme Court strikes down a law that denied benefits for injured workers who were under the influence of alcohol or illegal drugs The Arizona Supreme Court has settled the confusion over whether employees who are [...]
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Report of Ad Hoc Committee on Standards for Attorneys As Business Associates Under HIPAA (Arizona Association of Health Care Lawyers)

December 1, 2004 Steven M. Goldstein Healthcare Law
Arizona Association of Health Care Lawyers. Read more [...]
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Women-Owned Businesses Key to Economic Growth

November 15, 2004 Sharon B. Shively Business & Corporate Law
Unprecedented success for women business owners reflects atypical philosophies, strengths, and challenges Much has changed since my son was born in 1986, but few developments during the past two decades offer as great a [...]
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