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Publications
Home
/ Publications
2021
February 23, 2021
Small Businesses Are About To Get An Exclusive Window In Which To File PPP Applications
Business
;
Corporate and Securities
;
Emerging Companies
2020
September 9, 2020
Arizona Supreme Court Establishes Factors to Distinguish Home Improvement Loans from Construction Loans When Considering Anti-Deficiency Protection
Banking & Finance
;
Bankruptcy and Creditors' Rights
May 11, 2020
EEOC Helps Employers Navigate Employing Persons With Underlying Health Conditions During The COVID-19 Pandemic
Labor and Employment
April 28, 2020
EEOC Issues Guidance On Testing Employees For COVID-19
Labor and Employment
April 14, 2020
Department of Labor Clarifies Families First Coronavirus Response Act Leave Requirements for Employers
Labor and Employment
April 3, 2020
The COVID-19 Pandemic and Your Company's Corporate Disclosures: Key Takeaways from the SEC's Recently Issued Guidance
Corporate and Securities
February 18, 2020
Healthy Habits for You and Your Company: File Your Annual Reports, Replace Your Air Filters, and Renew Your DMCA Agent Registration
Business
;
Corporate and Securities
;
Cybersecurity & Data Privacy
;
Litigation
February 11, 2020
Arizona House of Representatives Proposes New Privacy Law
Business
;
Corporate and Securities
;
Cybersecurity & Data Privacy
;
Litigation
January 16, 2020
My Business Is In Arizona, Why Do I Care About California Privacy Laws? How the CCPA Impacts Arizona Businesses
Business
;
Corporate and Securities
;
Cybersecurity & Data Privacy
;
Litigation
January 3, 2020
Legal Alert: State Minimum Wage Rates Rise in Arizona and Colorado
Labor and Employment
2019
December 20, 2019
Legal Alert: National Labor Relations Board Modifies Obama-Era Quickie Election Rules for Fairer Process
Labor and Employment
December 10, 2019
Fall 2019 Arizona Case Law Affecting Commercial Real Estate and Lending (December 2019)
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
November 19, 2019
Are Your Influencers Doing Enough to #Disclose Their #Endorsements? Here's What You Should Know About the FTC's New Disclosure Guide for Social Media Influencers
Advertising Law
October 1, 2019
Legal Alert: Not So Fast: National Labor Relations Board Rejects Boeing S.C. Micro Unit
Labor and Employment
October 1, 2019
Legal Alert: Employer Win: National Labor Relations Board Adopts Contract Coverage Standard for Determining Whether an Employer May Take Unilateral Action
Labor and Employment
September 27, 2019
Legal Alert: At Long Last – The Department of Labor's Final Overtime Exemption Rule
Labor and Employment
September 27, 2019
Five Key Considerations to Developing Defensible AI
Litigation
September 24, 2019
2019 Arizona Case Law Affecting Commercial Real Estate and Lending (September 2019)
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
June 28, 2019
Judgment Day: Arizona Identifies Judgments With Ten-Year Validity and Renewal Deadlines
Banking & Finance
June 25, 2019
In Form Contracts, Don't Silence Consumers with Gag Clauses: FTC's Consumer Review Fairness Act
Advertising Law
June 25, 2019
LEGAL ALERT: The Arizona Supreme Court Declares That LLC Members and Managers Have a Common Law Fiduciary Duty to Their LLC
Litigation
June 13, 2019
2019 Arizona Legislative Updates Affecting Commercial Real Estate and Lending (June 2019)
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
May 23, 2019
State Court, Federal Court, and the Court of Public Opinion—the New Developments That Are Causing Some Companies to Reconsider Mandatory Arbitration Provisions
Labor and Employment
;
Litigation
April 9, 2019
2019 [Part 2] Arizona Case Law Affecting Commercial Real Estate and Lending
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
April 9, 2019
Protect Your Assets Through Charitable Giving And Advanced Wealth Planning
Estate Planning
March 14, 2019
Seller Beware? 4 Key Features of Business Sale Transactions that Sellers Should be Familiar with Before Negotiating
Business
;
Mergers & Acquisitions
March 13, 2019
Legal Alert: If at First You Don't Succeed, Try, Try Again: The Department of Labor's New Proposed Overtime Exemption Rule
Labor and Employment
March 12, 2019
2019 Arizona Case Law Affecting Commercial Real Estate and Lending
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
February 22, 2019
A New Player Joins the Battle – The AFL-CIO Throws Its Support Behind Game Development Employees And Urges Them To Form A Union
Labor and Employment
;
Litigation
February 15, 2019
California Holds That Internet Service Providers, Such As Yelp, Can Disobey Orders To Remove Defamatory Posts – So How Can Companies Remove False Reviews From The Internet?
Business
;
Litigation
February 12, 2019
2018-19 Arizona Case Law Affecting Commercial Real Estate and Lending
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
February 4, 2019
Nearly Half of the Videogame Industry Wants to Form A Union—Can Game Development Companies Avoid This Boss Fight?
Labor and Employment
January 16, 2019
A Cautionary Fairy-Tale – If Only Cinderella's Father Had An Estate Plan
Estate Planning
2018
November 16, 2018
Are You Ready To Sell Your Business? How To Keep The Dream Of Selling Your Business From Becoming A Nightmare
Business
;
Mergers & Acquisitions
October 11, 2018
Crafting "Bring Your Own Device" ("BYOD") Policies to Protect Your Company Data and Ensure Compliance with the Law
Litigation
October 9, 2018
2018 Arizona Case Law Affecting Commercial Real Estate and Lending
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
October 4, 2018
Clean Water Act Groundwater Pollution Liability in Limbo
Water, Energy, Resources and Environmental Law
August 27, 2018
Briefing Paper on BLM's July 24, 2018 Instruction Memorandum Related to Compensatory Mitigation (IM 2018-093)
Water, Energy, Resources and Environmental Law
August 23, 2018
Briefing Article on Deputy Secretary of the Interior's August 6, 2018, Instructional Memorandum for Implementing Secretary's Order 3355
Water, Energy, Resources and Environmental Law
July 13, 2018
Arizona Extends Judgment Validity and Renewal Deadline from Five to Ten Years
Banking & Finance
July 2, 2018
2018 Arizona Legislative Updates Affecting Commercial Real Estate and Lending (June 2018)
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
June 6, 2018
Cybersecurity Legal Compliance Update: Spring 2018 Brings Sea Change to Data Breach Notification Laws
Cybersecurity & Data Privacy
May 3, 2018
The FTC Shines the Light on Hidden Fees and Hidden Disclosures: A Cautionary Tale for Advertisers
Advertising Law
April 27, 2018
Learn from the Orcs: Lessons that Cryptocurrency Should Take from the Recent European Rulings that Video Game Lootboxes Can Constitute Illegal Gambling
Cybersecurity & Data Privacy
;
Litigation
April 16, 2018
What the Washington Post Article Missed on the United States Fish and Wildlife Service's "Guidance on the recent M-Opinion affecting the Migratory Bird Treaty Act"
Water, Energy, Resources and Environmental Law
April 13, 2018
Summary and Analysis of the United States Fish and Wildlife Service's "Guidance on the recent M-Opinion affecting the Migratory Bird Treaty Act" Memorandum
Water, Energy, Resources and Environmental Law
April 13, 2018
Breaking A Sticker Doesn't Break Your Warranty: How The FTC Is Taking Aim At Manufacturers of Game Consoles, Electronics and Automobiles
Litigation
March 13, 2018
2017-18 Arizona Case Law Affecting Commercial Real Estate and Lending
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
February 15, 2018
Put It To Final – The Official Trump Administration Changes To Environmental Permitting
Environmental Permitting and Compliance
;
Water, Energy, Resources and Environmental Law
February 2, 2018
Scalpel or Machete? A Look at How the White House Wants to Cut Back the Environmental Permitting Process
Environmental Permitting and Compliance
;
Water, Energy, Resources and Environmental Law
January 29, 2018
Bye, Bye Birdie: Summary and Analysis of the Trump Administration's Recent Policy Change of the Migratory Bird Treaty Act
2017
October 10, 2017
2017 Arizona Case Law Affecting Commercial Real Estate and Lending
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
September 26, 2017
Three Critical Legal Documents Every Parent of a College Student Should Get in Place As Soon As Possible
Estate Planning
September 12, 2017
2017 Arizona Legislative Amendments Affecting Commercial Real Estate and Lending
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
August 17, 2017
Troll Hunting: Practical Strategies for Businesses to Combat Anonymous Online Trolls
June 15, 2017
The Best Housewarming Gift for the Unmarried Couple: An Estate Plan
Estate Planning
June 8, 2017
A Picture of a Chipmunk is Worth a Thousand Words—and about $2,000. Did You Know Your Choice of Emoji Can Have Legal Consequences?
Litigation
April 11, 2017
What Employers Need to Know About Arizona's New Paid Sick Time Requirements
Advertising Law
;
Cybersecurity & Data Privacy
;
Labor and Employment
;
Litigation
;
Mining
;
Restrictive Covenants and Trade Secrets
March 14, 2017
2016-2017 Arizona Case Law and Legislative Developments Affecting Commercial Real Estate and Lending
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
March 1, 2017
Briefing Paper on President Trump's Executive Order and the Definition of "Waters of the United States"
Water, Energy, Resources and Environmental Law
February 23, 2017
5 Important Estate Planning Lessons for Parents in Manchester by the Sea
Estate Planning
2016
September 28, 2016
Arizona Court of Appeals Deals Fatal Blow to "Take-Home" Asbestos Exposure Lawsuits
Litigation
June 10, 2016
13 Questions to Ask Yourself About Marketing Claims to Help Avoid an FTC Enforcement Action
Advertising Law
;
Business
;
Litigation
May 27, 2016
Charitable Remainder Trusts: A Viable Strategy for Building Wealth, Maximizing Tax Deductions, and Supporting a Beloved Charity
Business
;
Corporate and Securities
;
Estate Planning
;
Litigation
;
Taxation
April 22, 2016
A New Decision Under the False Claims Act Could be of Great Help to the Healthcare Industry
Litigation
;
Real Estate
April 12, 2016
Recent Arizona Case Law and Other Developments Affecting Real Estate Lending
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
March 8, 2016
Recent Arizona Case Law and Legislative Developments Affecting Real Estate Lending
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
2015
November 1, 2015
Clean Power Plan's Needs May Increase Wetland Banking
Environmental Permitting and Compliance
;
Natural Resources
;
Water
;
Water, Energy, Resources and Environmental Law
September 18, 2015
Should Colorado Methane Regulations Serve as Model for Federal Rules
Environmental Permitting and Compliance
;
Natural Resources
;
Water
;
Water, Energy, Resources and Environmental Law
August 24, 2015
Potential Limitations on Gift Tax Strategies Coming Soon
Business
;
Corporate and Securities
;
Estate Planning
;
Litigation
;
Real Estate
;
Taxation
June 25, 2015
Colorado Medical Marijuana Case is Not as Far-Reaching as Expected
Labor and Employment
June 1, 2015
Wide Reach Migratory Bird Treaty Act for Energy Projects
Environmental Permitting and Compliance
;
Natural Resources
;
Water
;
Water, Energy, Resources and Environmental Law
May 28, 2015
Clean Water Act Final Rule: Definition of 'Waters of the United States,' Worse than Expected
Energy
;
Environmental Litigation
;
Environmental Permitting and Compliance
;
Natural Resources
;
Water
;
Water, Energy, Resources and Environmental Law
May 12, 2015
2015 Arizona Legislative Amendments Affecting Real Estate Lending
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
April 20, 2015
Crowdfunding Gets Local: What Entrepreneurs and Start-Ups Need to Know to Capitalize on Exemptions for Intrastate Crowdfunding in Arizona and Colorado
Business
;
Corporate and Securities
April 14, 2015
2015 Update of Arizona's Anti-Deficiency Laws
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
April 14, 2015
Arizona Enacts New Asbestos Trust Claim Disclosure and Evidence Statute
Litigation
April 1, 2015
Source Aggregation: When Are Multiple Facilities Considered One by EPA?
Environmental Permitting and Compliance
;
Natural Resources
;
Water
;
Water, Energy, Resources and Environmental Law
March 16, 2015
Source Aggregation: Recent Court Decision Addresses Whether Certain Facilities are 'Adjacent'
Environmental Permitting and Compliance
;
Natural Resources
;
Water
;
Water, Energy, Resources and Environmental Law
February 1, 2015
EPA Proposes Eliminating State Regulations as to Startup, Shutdown, and Malfunction Emissions
Energy
;
Environmental Litigation
;
Environmental Permitting and Compliance
;
Natural Resources
;
Water
;
Water, Energy, Resources and Environmental Law
January 13, 2015
3 (of Many) Shortcomings of the EPA and Army Corps' Proposed Rule to Define 'Waters of the U.S.'
Energy
;
Environmental Litigation
;
Environmental Permitting and Compliance
;
Litigation
;
Natural Resources
;
Water
;
Water, Energy, Resources and Environmental Law
2014
October 15, 2014
Overcoming Barriers to Sustainable Development
Real Estate
October 13, 2014
Net Zero Energy Buildings: The New Standard?
Real Estate
October 6, 2014
EPA Issues Changes to Due Diligence Requirements for AAI Under CERCLA
Energy
;
Environmental Permitting and Compliance
;
Natural Resources
;
Water
;
Water, Energy, Resources and Environmental Law
September 30, 2014
Mixing Things Up
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Real Estate
September 16, 2014
Protect Your Estate from Beneficiary Bankruptcy: Lessons from
Clark v. Rameker
Business
;
Estate Planning
;
Real Estate
;
Taxation
July 7, 2014
Five Estate Planning Documents Every Young Professional Should Have
Business
;
Estate Planning
June 25, 2014
Supreme Court Unanimously Rules That Police Officers Cannot Search the Contents of Cell Phones Incident to Arrest Without Obtaining a Search Warrant
eDiscovery & Managed Review
;
Litigation
June 9, 2014
The 'Inadvertent' Investment Company Trap: Identifying Operating Companies Subject to the Investment Company Act
Banking & Finance
;
Business
June 2, 2014
Inside the Mining Industry: An Arizona Mining Lawyer Discusses Key Challenges, Opportunities & Trends for 2014 and Beyond
Energy
;
Water, Energy, Resources and Environmental Law
May 22, 2014
Non-Parties and Electronic Discovery: Limiting the Scope and Cost of Responding to Invasive Rule 45 Subpoenas
eDiscovery & Managed Review
;
Litigation
May 21, 2014
Five Things Every Arizona Employer Should Know About Medical Marijuana
Labor and Employment
;
Litigation
May 21, 2014
Evaluating Environmental Risks in Real Estate Transactions
Energy
;
Water, Energy, Resources and Environmental Law
May 15, 2014
Lenders Beware – the
Steinberger
Decision Leaves Lenders Vulnerable to a Defaulting Homeowner's Delay Tactics
Bankruptcy and Creditors' Rights
May 2, 2014
The Limits to a Receiver's Liability –
Mashni v. Foster
, No. 1 CA-SA 13-0250 (4-29-2014)
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Lender Liability Defense Group
;
Litigation
;
Real Estate
February 24, 2014
Certain Residential Developers are Unprotected by the Anti-Deficiency Statute after Foreclosure of a Deed of Trust on Vacant Property
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Lender Liability Defense Group
;
Litigation
;
Real Estate
2013
September 26, 2013
The Arizona Court of Appeals Holds the Right to a Fair Market Value Hearing Cannot be Waived in a Deficiency Action
Banking & Finance
;
Bankruptcy and Creditors' Rights
;
Lender Liability Defense Group
;
Litigation
;
Real Estate
August 16, 2013
Updated Standard for Phase I Environmental Site Assessments
Water, Energy, Resources and Environmental Law
August 5, 2013
Arbitration Agreements are Not Enforceable if a Party Cannot Bear the Costs of Arbitration
Litigation
July 2, 2013
New Amendments To UCC Article 9
Banking & Finance
;
Bankruptcy and Creditors' Rights
June 28, 2013
Arizona Anti-Deficiency Protection Cannot Be Waived
Litigation
June 28, 2013
The United States Supreme Court Extends Unconstitutional Exactions for Land-Use Permit Applicants
Litigation
February 20, 2013
Sage Advice for Real Estate Investors
Real Estate
January 1, 2013
State Minimum Wage Rates Have Risen in Arizona and Colorado
Labor and Employment
2012
September 21, 2012
NLRB Rules that Employers Must Prohibit All Interior Access by Off-Duty Employees in Order to Prohibit Any
Labor and Employment
September 4, 2012
Estate Planning Considerations
August 21, 2012
Blanket Confidentiality Requests Banned by NLRB
Labor and Employment
August 13, 2012
Recent U.S. Supreme Court Decision Favorable to Employers Has Arizona Origins
Labor and Employment
June 11, 2012
A Pot Hole for Employers? Medical Marijuana in Arizona
Labor and Employment
May 8, 2012
EEOC Provides Guidance on High School Diploma Requirements and the Americans with Disabilities Act
Labor and Employment
April 26, 2012
NLRB Notice Posting Rule Meets Further Roadblocks
Labor and Employment
2011
October 27, 2011
Arizona's Minimum Wage Increases
Labor and Employment
September 20, 2011
Estate and Gift Tax Law Changes and Opportunities
Estate Planning
July 20, 2011
Obama Board Rushes In Where Lawmakers Fear to Tread
Labor and Employment
July 7, 2011
The Mitigated FONSI
Litigation
July 7, 2011
Wilderness Society V. United States Forest Service
Litigation
July 7, 2011
Navigating the Waters of Settling with Indian Tribes
Litigation
;
Water, Energy, Resources and Environmental Law
June 28, 2011
EEOC Implements Final Regulations for ADA Amendments Act:
Labor and Employment
April 6, 2011
Medical Marijuana: Arizona Joins the Pack
Labor and Employment
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Benford Powell, Jessica
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