Sacks Tierney P.A.

Member of Meritas: 173 full-service law firms serving more than 200 markets worldwide

Scottsdale-Phoenix | 480.425.2600

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Banking LawBusiness and Corporate LawConstruction LawDispute ResolutionEmployment Law Estate PlanningFamily LawHealthcare LawIndian Law and Tribal RelationsMarijuana BusinessReal Estate LawTaxation

 Litigation and Appeals

Effective August 3, 2018, Arizona Judgments Are Good for 10 Years - Greg Gillis

New Arizona Supreme Court Opinion Significantly Impacts Contracts Providing for the Recovery of Attorneys’ Fees - Jim Armstrong

Arizona’s Implied Covenant of Good Faith and Fair Dealing May Apply to Workers in Multiple States

Analyzing Cross-Appeals in Federal Court - Jim Armstrong and Gaye Gould

 Banking Law

Marijuana Legalization Trends Provide New Business Opportunities for Banks - Matt Winter

Priority Breaks: New Title Guidelines on Construction Projects - Steve Benson and Roxann Gallagher

 Business and Corporate Law

Arizona's LLC Law Undergoes Complete Overhaul - Steve Benson and Jim Samuelson

Be Careful When Changing Business Insurance Policies
- Gaye Gould

Fiduciary Duty in an Arizona LLC - Steve Benson

U.S. Supreme Court Upholds Arizona's Employee Sanctions Law

Unsolicited Fax Ads Put Your Business at Risk - Jim Armstrong

Women-Owned Businesses Key to Economic Growth - Sharon Shively

Doing Business With Our Neighbor: The Salt River Pima-Maricopa Indian Community - Judy Dworkin

 Construction Law

The Intersection of Bankruptcy Preferences and Mechanic’s Lien Waivers: A Wrong Turn Can Be Costly - Greg Gillis and Michael Galen

Prompt Pay Act: Arizona Legislature Overrules S.K. Builders Decision - Greg Gillis

‘Proportional Indemnity’ Is Now the Law of the Land in Arizona - Greg Gillis

Payment and Performance Bonds Are Incorporated into Federal Construction Project Contracts, Even If Not Expressly Stated - Greg Gillis

Case Law Update: Two Recent Arizona Cases Regarding Judgments - Greg Gillis

A Homeowner's Insurer Has a Duty to Defend a Builder Vendor Against a Claim for Negligent Excavation Brought by the Homebuyer - Greg Gillis

Cures for Common Contractor Headaches: 10 ‘Health Tips’ - Greg Gillis

Arizona's Prompt Pay Act Does Not Apply to Federal Construction Projects - Greg Gillis

Attorney Fees Are Now Recoverable in a Breach of Warranty Claim Against a Contractor by Subsequent Homeowners - Greg Gillis

Arbitrator Alert: Awarding of Attorney’s Fees in Implied Warranty Cases - David Tierney

Construction Risk Management Through Insurance - Brian Flaherty

Spoliation - Brian Flaherty

Are Liquidated Damage Clauses in Construction Contracts at Risk of Being Declared an Unenforceable Penalty? - Greg Gillis

Priority Breaks: New Title Guidelines on Construction Projects - Steve Benson and Roxann Gallagher

Should Res Judicata or Collateral Estoppel Bar Civil Actions or Issues after a Final ROC Decision and Order? - Sharon Shively

Arizona Construction Law 2016: Reported Cases and Statutory Developments - David Tierney

Restoration Contractors Face Strict Contract Requirements

Contingent Payment Clauses: Enforceable? Negotiable? Worth the Risk?

Drafting an Effective ADR Clause @ 11/5/13 (presentation) - David Tierney

Court Rescinds Order Barring Document Signing by Lien Service Companies - Sharon Shively

Compare and Contrast: The AIA A-401 and the ConsensusDOCS 750 Forms of Subcontract - Sharon Shively

Arizona Prompt Payment Law: A Review of Recent Changes - Sharon Shively

Some Key Changes in the New 2007 AIA Documents - David Tierney

Construction Defect Litigation - David Tierney

Amendments to Laws Governing Mechanics' Liens and Stop Orders - David Tierney

 Employment Law

Minimum Wage, Overtime Exemption: Labor Department Imposes Salary Threshold Hike - Shar Bahmani and Joe Keene

Federal Court Rules that Walmart Firing Violated the Arizona Medical Marijuana Act - Janet Jackim and Joe Keene

NLRB: Uber Drivers Are Independent Contractors - Shar Bahmani

U.S. Supreme Court Upholds Enforceability of Agreements that Prevent Employee Class and Collective Action Lawsuits - Shar Bahmani

Ban on Sexual Orientation Discrimination May Affect Arizona Employers

Judge: Title VII Prohibits Discrimination Based on Sexual Orientation - Shar Bahmani

Minimum Wage and Paid Sick Leave: New Arizona Statutes

The Rising Pressure Against the Labor Department's “Persuader Rule” - Shar Bahmani

New OSHA Rule May Impact Post-Accident Employee Drug Testing

Obama Announces Further Efforts to Combat Gender Pay Inequality - Shar Bahmani

Ninth Circuit Widens Circuit Split on Enforceability of Class and Collective Action Waivers - Shar Bahmani

Seventh Circuit: Class and Collections Waivers Violate NLRA - Shar Bahmani

Joint Employment: NLRB Ruling Poses New Risks for Employers

Failure to Timely and Thoroughly Investigate Sexual Harassment Claims May Cost You - Shar Bahmani

Employee Misclassification and the “Economic Realities” Test

Congress to Consider Raising the Federal Minimum Wage to $15 by 2020 - Shar Bahmani

In Sickness and in Health: Paid Sick Leave Comes to California July 1, 2015 - Shar Bahmani

Employee or Independent Contractor? U.S. Department of Labor Provides New Guidance - Shar Bahmani

Accommodating Pregnant Employees

NLRB Takes Aim at Employee Handbooks

FMLA: Communicating with Employees on Leave

Arizona Same-Sex Marriage Triggers FMLA Eligibility

Restrictive Covenants in Employment Agreement Found to Be Too Broad

Supreme Court Decides Cases in Favor of Employers

NLRB Poster Requirement Struck Down by D.C. Court

IRS Program Offers Employers a Break for Misclassifying Workers

Confidentiality in Investigations: A Trap for Unwary Employers?

Unique Legal Issues Affect Employers on Arizona Indian Reservations

Social Networking and the Workplace

Reducing the Risk of Wrongful Termination

U.S. Supreme Court Upholds Arizona's Employee Sanctions Law

Medical Marijuana in Arizona: Drug Testing and Employer Obligations

Avoiding the Threat of Genetic Discrimination

The Fair Labor Standards Act and Exempt/Non-Exempt Employees

Workers' Comp Benefits for Injured Impaired Employees



 Estate Planning

5 High-Priority Estate Planning Situations - Phoebe Moffatt

Frequently Asked Questions about Estate Planning, Probate, Estate and Trust Administration - Phoebe Moffatt

Unclaimed Death Benefits: What Life Insurance Companies Know (But You Might Not) - Janet Jackim

 HealthCare Law

Five Things Physicians Should Know - Steve Goldstein

Report of Ad Hoc Committee on Standards for Attorneys As Business Associates Under HIPAA (Arizona Association of Health Care Lawyers) - Steve Goldstein

 Indian Law

Tribes and Cannabis - Judy Dworkin

The Impacts of Coastal Erosion on Tribal Cultural Heritage - Patty Ferguson-Bohnee

Unique Legal Issues Affect Employers on Arizona Indian Reservations

Indian Water Rights: Relevant Case Law - Judy Dworkin

Waivers of Sovereign Immunity Key to Contracting with Indian Tribes - Judy Dworkin and Sharon Shively

Ninth Circuit Issues Decision on Tribal Court Jurisdiction Over Non-Members - Patty Ferguson-Bohnee

Doing Business with Our Neighbor: The Salt River Pima-Maricopa Indian Community - Judy Dworkin and Sharon Shively

 marijuana business

Commercial Leasing to an Arizona Cannabis Business - Janet Jackim

Acquiring an Arizona Medical Marijuana Dispensary License Now May Be the Ticket to Obtaining an Adult-Use Dispensary License in 2020 - Janet Jackim

Marijuana Legalization Trends Provide New Business Opportunities for Banks - Matt Winter

Arizona Supreme Court: Arizona Medical Marijuana Act (AMMA) Protects Possession of Marijuana Extracts - Janet Jackim

Decriminalization of Hemp Raises New Opportunities in Agriculture, Medicine, Fibers/Textiles and Biofuels - Janet Jackim

Cannabis Developments Keep Coming - Janet Jackim

Trump Agreement with Colorado Senator a Positive Sign for the Cannabis Industry - Janet Jackim

Tribes and Cannabis: The Enforcement of Marijuana Laws in Indian Country - Judy workin

Medical Marijuana Dispensary Update - Steve Benson

Medical Marijuana in Arizona: The Dispensary Application Process - Steve Benson and Mike Rooney

Medical Marijuana Act Raises Thorny Challenges for Commercial Landlords - Steve Benson and Mike Rooney

 Dispute Resolution

Trends in Arbitration and Mediation Case Law, Local and National - David Tierney

Arbitration in Arizona: Changes Have Arrived - David Tierney

 Real Estate Law

Short-Term Rentals: A Thorny Issue for HOAs and Members - Steve Benson and Michael Harris

Strategies and Practices in Lease Renegotiations: Learning to Leverage - Janet Jackim

Adverse Possession: Can My Neighbor Take a Portion of My Property? - Greg Gillis

Guarantor Waivers of Arizona Anti-Deficiency Protection - Steve Benson

Equitable Subrogation and Lender Options - Steve Benson and Jim Samuelson

HOA Boards: Don’t Write Off Delinquent Assessments of Owners or Their Foreclosing Lenders! - Janet Jackim

New Law Limits HOA Power to Restrict Renting - Steve Benson and Michael Harris

The Last Word: Arizona Supreme Court Confirms that Fair Market Value Protection Cannot Be Waived - Steve Benson and Jim Samuelson

Due Diligence in Buying Commercial Real Estate: Acreage, Apartments or a Building - Janet Jackim

The Unexpected "Vendee's Lien" - Steve Benson and Jim Samuelson

10 Commonly Overlooked Clauses in Commercial Real Estate Transactions - Janet Jackim

Equitable Assumption of a Commercial Lease: Tips for Commercial Property Owners - Bryan Gottfredson

Arizona Anti-Deficiency Protection Is Not Available for Vacant Land - Steve Benson

Borrowers Cannot Waive Fair Market Value Protections, Court Rules - Steve Benson

Solvency Covenants in Non-Recourse Loans on Shaky Ground? - Steve Benson

Signature Requirements in Arizona Real Estate Commission Agreements - Steve Benson

Refinancing, Construction and Arizona's Anti-Deficiency Laws - Steve Benson

Equitable Subrogation in a Down Real Estate Market - Steve Benson

Arizona Court Ruling Could Weaken the Centuries-Old Merger Doctrine - Steve Benson

Medical Marijuana Act Raises Thorny Challenges for Commercial Landlords - Steve Benson and Mike Rooney

A New Source of Concern for Foreclosing Lenders? - Steve Benson

“Bad Boy” Provisions in Commercial Real Estate Transactions - Steve Benson

Due Diligence Periods and the Enforceability of Purchase Contracts - Steve Benson

Supreme Court Resolves Key Issue in CityNorth Controversy - Steve Benson

The Protecting Tenants at Foreclosure Act: Changing the Rules of the Game - Steve Benson

Arizona Anti-Deficiency Laws: a Guide to Navigating Uncertainty

“Defeasance” - Steve Benson

Potential Pitfall in Non-Recourse Loans - Steve Benson

Effect of “As Is” Clauses in Real Property Purchase and Sale Agreements - Steve Benson


The “Medicare Tax” - Steve Benson