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Resources

Indian Water Rights: Relevant Case Law

October 14, 2011 Judith M. Dworkin 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 [...]
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Medical Marijuana in Arizona: The Dispensary Application Process

September 14, 2011 Stephen Aron Benson Michael R. Rooney 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 [...]
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Arizona Court Ruling Could Weaken the Centuries-Old Merger Doctrine

August 14, 2011 Stephen Aron Benson Real Estate Law
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 [...]
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U.S. Supreme Court Upholds Arizona’s Employee Sanctions Law

July 10, 2011 Sacks Tierney Business & Corporate Law
In June 2011, the U.S. Supreme Court upheld the Legal Arizona Workers Act that the Arizona legislature passed in 2007. The Act, which went into effect January 1, 2008, requires employers to use E-Verify to ensure that workers [...]
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Medical Marijuana Act Raises Thorny Challenges for Commercial Landlords

June 14, 2011 Stephen Aron Benson Michael R. Rooney Marijuana Business
Landlords and tenants should be prepared to address issues that include security, lender and insurance concerns, objections from other tenants, lease termination, tenant improvements, payment, and impacts on CAM In November [...]
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A New Source of Concern for Foreclosing Lenders?

May 14, 2011 Stephen Aron Benson Real Estate Law
A recent ruling in a New Jersey case could add credibility to the argument that, in order to commence a foreclosure, the lender must possess the underlying promissory note Not long after the business phenomenon known as the [...]
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Arizona Prompt Payment Law: A Review of Recent Changes

May 14, 2011 Sharon B. Shively Construction Law
All contractors, subcontractors and suppliers that work on private construction projects in Arizona should become familiar with the changes to the statute and ensure that all construction and supply contracts comply as well [...]
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Medical Marijuana in Arizona: Drug Testing and Employer Obligations

April 14, 2011 Sacks Tierney Employment Law
Arizona’s new medical marijuana regulations go into effect April 13; are you (and your drug-testing policies) ready? In the November 2010 general election, Arizona voters approved the Arizona Medical Marijuana Act (A.R.S. [...]
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The Fair Labor Standards Act and Exempt/Non-Exempt Employees

March 14, 2011 Sacks Tierney Employment Law
Classifying an employee as exempt or non-exempt can be a tricky analysis, and failure to properly classify an employee can result in a loss of the exemption The Fair Labor Standards Act (FLSA) sets forth, among other things, [...]
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The “Medicare Tax”

February 14, 2011 Stephen Aron Benson Taxation
A new tax on unearned income, to help pay for the Medicare Hospital Insurance Program, goes into effect in 2013 Whatever your politics or position on the new health insurance law, you may wish to take note of a provision that [...]
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