Publications

09/13/2017
Battle for Bucks-Chapter 7 Trustee Lawsuits Against Noncreditors of Family-Owned Businesses

These issues are not easy to resolve and involve lots of negotiation, interviews, forced mediation, discovery, expert testi¬mony and, sometimes, a trial. “Bucks” are hard to come by in chapter 7, and creditors are facing newer — and more aggressive — forms of fraud­ulent-transfer actions.

09/08/2017
Are websites and apps the new ADA lawsuit frontier?

As businesses have made increasing use of the internet and cell phone apps as an additional means of attracting customers, individuals and advocacy groups have correspondingly filed (and sometimes won) cases claiming that websites and applications should have accessibility features.

09/06/2017
Websites and Apps: the New ADA Lawsuit Frontier?

What are businesses’ obligations to make websites and mobile applications accessible to individuals with disabilities? Business owners and operators may want to pay close attention to these developments to ensure their businesses comply with their obligations and avoid liability.

08/30/2017
Employers Must Use Revised Form I-9 Beginning September 18, 2017

The U.S. Citizenship and Immigration Services has released a revised version of Form I-9. The form is used to verify the identity and employment authorization for each individual hired for employment in the U.S. All U.S. employers must complete a Form I-9 for every individual hired. Employers should be aware that the revised form must be used beginning Sept. 18, 2017.

08/07/2017
Report of the Massachusetts Special Commission on Online Gaming

Section 137 of Chapter 219 of the Acts of 2016 created a special commission to investigate, study, and make recommendations on the issue of online gaming and daily fantasy sports (the “Special Commission”). The nine member Special Commission convened for the first time on October 31, 2016, and held six meetings where they heard testimony from the public and industry experts.  Witnesses read from prepared testimony and answered questions from the commission members.

08/03/2017
Wall Street Main Street: DAO offerings are DOA

It should be noted that The DAO is only tangentially connected to virtual currency such as “Bitcoins” and “Ether.” The DAO (“Decentralized Autonomous Organization”) is an Internet-based “Thing.” To get involved in the Thing, one must transfer to it a bunch of virtual currency Ethers. The trick here is that to obtain these virtual Ethers, one must pay money or money’s worth to someone else who has them to sell.

07/27/2017
September 1st Marks New Era for Developers and Lenders in the Colorado Residential Condominium Market

Over the past several years (and during the last residential real estate boom), certain Colorado laws have proven to favor the position of condominium boards over that of developers in disputes over construction defects. As a result many residential developers have not participated in the condominium market during this time. As of September 1, 2017, however, the balance of power is shifting and lenders and developers should take notice of the new, more favorable environment.

06/30/2017
Leveling the Playing Field for FINRA Rule 12206 Eligibility Motions

The U.S. Supreme Court’s decision in CalPers v. ANZ Securities, Inc. provides compelling new support for a respondent arguing an eligibility motion before a FINRA arbitration panel. With the weight of the Court on their side, broker-dealers may have their own opportunity to level the playing field.

06/26/2017
Supreme Court rulings limit where a corporation may be sued

The concept of “home” has attracted significant attention from the U.S. Supreme Court, limiting the locations where a corporation can be sued. These decisions will be helpful to local corporations finding themselves defending large lawsuits filed far from home, and in jurisdictions hand-picked by plaintiffs that are known to be plaintiff-friendly.

06/24/2017
Employers must comply with paid sick time law by July 1

If you have not yet put a plan in place to comply with Arizona’s new paid sick time law, you only have a few days remaining to do so, and the consequences for not doing so can be steep.

06/21/2017
Ten Days Left to Comply with New Paid Sick Leave Law Affecting All Arizona Employers

If you have not yet put a plan in place to comply with Arizona’s new paid sick leave law, you only have a few days remaining to do so, and the consequences for not doing so can be steep. The potential penalties for failing to comply with the law include:

06/21/2017
Supreme Court Holds "Church Plan" Need Not Be Established by a Church

Generally speaking, employee benefits are subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq. (ERISA). Various types of employee benefit plans, however, are exempt from ERISA. One of ERISA’s exemptions is for “church plans.”

06/20/2017
Nevada Non-Compete Law Changes Again After Passage Of AB 276

Assembly Bill 276 (AB 276) significantly changes Nevada’s law on restrictive covenants of non-competition. 

06/02/2017
"Prevailing Party" Clarified by Arizona Supreme Court

Arizona is one of very few jurisdictions that has a statutory provision that allows a court to award reasonable attorneys’ fees to a party that prevails in an “action arising out of contract.” Until now, however the has been an open issue regarding the "prevailing party" language.

05/16/2017
Why A "Mundane" Online Promotion May Have Not So Mundane Gambling Consequences

Unequivocally, the Internet and social media have become the most efficient mediums operators use in order to disseminate information and sell their products/services, connect with their customers and strengthen their brand. With this availability and convenience, also comes numerous opportunities to run afoul of the law

05/11/2017
Arizona Supreme Court Holds Construction-Related Statute of Repose Applies to Public Entities and Bars Claim

Arizona Revised Statutes (A.R.S.) § 12-552, also known as the Statute of Repose, requires a party to bring a contract action relating to the design, engineering, or construction of improvements to real property within eight years of substantial completion of the work (or nine years if the claim involves latent defects discovered in the eighth year after substantial completion). The statute requires the claim to be brought within this time period even if the claim arose long after project completion. Put more simply, Arizona law imposes a strict deadline of either eight or nine years on the assertion of contract-based claims arising out of construction projects.

05/08/2017
New Paid Sick Leave Law Affecting All Arizona Employers To Take Effect July 1, 2017

If you have not already done so, it is time to start putting a plan in place for compliance with Arizona’s new paid sick leave law.  Among other penalties, an employer who fails to provide paid sick time as required can be found liable for triple damages.  By July 1, 2017, all businesses with employees in the State of Arizona must be in compliance, including augmenting payroll practices to ensure complete and accurate reporting of accrued sick leave on pay stubs, preparation of required notices to employees, and updating policies and procedures. 

04/14/2017
Swiss-U.S. Privacy Shield Framework is Open for Business

On April 12, 2017, U.S. Secretary of Commerce Wilbur Ross announced that the newly launched Swiss-U.S. Privacy Shield Framework (Swiss Privacy Shield) is now accepting self-certifications.

05/23/2016
Public Vs. Private: Advantages and Disadvantages of Raising Capital in the Public Markets

The closing concludes and a company suddenly has $50 million in cash in its bank account from the sale of its stock. Champagne corks are popped and celebration ensues for a brief period. “Going public” is an exciting event for all involved and may provide many advantages to the company’s operations. However, being a public company has certain disadvantages that should also be considered.

04/19/2012
03/10/2011
06/15/2008
05/15/2008
02/15/2008
01/01/2008
01/01/2004