Business Law
Small Business Financing, To Lease or Not To Lease by Matthew Sloan in the North Central News (November 2012).
In a tough economy, where traditional financing remains elusive for many small businesses, equipment lease financing is a viable, but little understood alternative. However, it is important to enter into a lease for the right reasons and with the right structure. Consider the following to help determine if equipment leasing is right for your business.
Common Pitfalls Business Owners Should Avoid by Matthew Sloan in North Central News (March 2012).
This article reviews and discusses common legal issues that business owners face, which, if not addressed correctly, could significantly impact their success.
Raising Red Flags by Elan Mizrahi and Christopher R. Stovall in Arizona Business Magazine (June 2010).
The authors review the business compliance requirements of the new FTC Red Flags legislation and discuss which businesses will be primarily impacted by the legislation.
Construction Law
Interpretation of Davis-Bacon Act Could Result in Unforeseen Employee Lodging Expenses
by D. Kim Lough for ENR Southwest (May 10, 2012).
The United States Department of Labor has begun to interpret the Davis-Bacon Act to require an employer to reimburse employees' lodging expenses while away from home on prevailing wage jobs. This can create a substantial unanticipated assessment to an employer unaware of this interpretation. In particular, contractors and subcontractors sending skilled workers to federally funded projects may be unaware of this expense.
Getting a Handle on Green by Matthew H Sloan in AZRE Magazine (March-April 2010).
Mr. Sloan highlights the risk management issues for LEED construction projects.
Property Crawlers by James Csontos in AZRE Magazine (November-December 2009).
Mr. Csontos discusses what developers and owners should know about mechanics' liens claims and how they can protect themselves from claims and double payments with some basic precautions.
5 Questions With Matthew Sloan in Phoenix Business Journal (September 25, 2009).
This featured section provides information regarding common questions that the construction industry has about legal issues related to LEED and Green construction.
Construction and Bankruptcy by Matthew H. Sloan, Esq. and Corey R. Foley, Esq. in Legal Notes (May 2009).
A Q&A discussion of common questions that contractors ask relating to bankruptcy in the construction industry.
Intersections of Bankruptcy and Construction: Not Your Average Overview by Chad Schexnayder at 21st Annual Conference of the American College of Construction Lawyers.
The panel will focus on three key bankruptcy issues important for construction lawyers to understand: treatment of executory contracts - including strategies for addressing the uncertainty of the period before the debtor elects to assume or reject and the enforceability of cross-default provisions; the importance of the corporate form of a contract counter-party, and the treatment of mechanic's liens in bankruptcy.
Resolving Problems and Disputes on Construction Projects by Jim Csontos at Resolving Problems and Disputes on Construction Projects (January 13, 2009).
Mr. Csontos was one of the speakers at this seminar in Phoenix, Arizona. The topics covered include differing site condition claims, contract changes and many more construction litigation related topics. For more information, contact Jim Csontos or visit National Business Institute.
Professional Liability in Design and Construction Contracts by Jim Csontos (September 9, 2008).
Mr. Csontos, a partner with the Firm, was one of the speakers at this seminar at the Phoenix Airport Marriott, 1101 N. 44th Street, Phoenix, Arizona. The topics covered include litigating the negligence claim and many more related topics. For more information, contact Jim Csontos or visit National Business Institute.
Arizona Construction Law for Architects, Engineers and Contractors by Mark Barker, Jim Csontos and Ed Rubacha for HalfMoon Seminars (April 3, 2008).
Mr. Barker, Mr. Csontos and Mr. Rubacha, partners with the Firm, were speakers at this seminar at the Embassy Suites Airport Hotel in Phoenix, Arizona. The topics covered include Surety Payment and Performance Bonds, Key Contract Clauses and many more construction related topics. For more information, contact Mark Barker, Jim Csontos or Ed Rubacha or visit HalfMoon Seminars.
Builders, Construction Contractors and Developers in Bankruptcy by Chad Schexnayder for American Bar Association Tort and Insurance Practice Section (February 20, 2008).
Mr. Schexnayder, a partner with the Firm, was one of the speakers at this seminar. The topics covered include Basis Bankruptcy Law, Strategies for Working Out a Contractor's Debt, Subcontractor and Supplier Payment Issues and many more construction/bankruptcy related topics. For more information, contact Chad Schexnayder.
What to Do When Construction Projects Go Bad in Arizona by Ed Rubacha for Lorman Education Services (February 20, 2008).
Mr. Rubacha, a partner with the Firm, was one of the speakers at this seminar in Tucson, Arizona. The topics covered include Mechanics Lien Claims, Surety Bonds, Construction Insurance and many more construction related topics. For more information, contact Ed Rubacha or visit Lorman Education Services.
Construction Law Fundamentals: Managing Project Risk by Jim Csontos for National Business Institute (December 12, 2007).
Mr. Csontos, a partner with the Firm, was one of the speakers at this seminar in Phoenix, Arizona. The topics covered include Reducing Project Risk, Project Management Tips and Techniques, Overcoming Common Construction Problems and many more construction related topics. For more information, contact Jim Csontos or visit National Business Institute.
Builders, Construction Contractors and Developers in Bankruptcy by Chad Schexnayder for American Bar Association Tort and Insurance Practice Section (February 20, 2007).
Mr. Schexnayder, a partner with the Firm, was one of the speakers at this seminar. The topics covered include Basis Bankruptcy Law, Strategies for Working Out a Contractor's Debt, Subcontractor and Supplier Payment Issues and many more construction/bankruptcy related topics. For more information, contact Chad Schexnayder.
Managing Complex Construction Law Issues by Jim Csontos for National Business Institute (September 8, 2006).
Mr. Csontos, a partner with the Firm, was one of the speakers at this seminar at the Hyatt Regency Phoenix, 122 North Second Street, Phoenix, Arizona. The topics covered include Project Delivery Methods, Contract Drafting Issues, Scheduling Issues and Resolving Disputes. For more information, contact Jim Csontos or visit National Business Institute.
Managing Complex Construction Law Issues by James L. Csontos in National Business Institute, Inc. (2006).
No License? No Problem... by James L. Csontos at the Construction Section of the Arizona State Bar Association meeting (September 5, 2006).
Using a Mechanics' Lien to Get Your Money by Jim Csontos for National Business Institute (June 5, 2006).
Mr. Csontos, a partner with the Firm, was one of the speakers at this seminar at the Wells Fargo Conference Center, 100 W. Washington, Phoenix, Arizona. The topics covered included Contract Documents, Payment Problems, Preparing and Recording Mechanics' Liens; Litigating Lien Foreclosures and Payment Bond Claims, and Releases. For more information, contact Jim Csontos or visit National Business Institute.
Using a Mechanics Lien to Get Your Money by James L. Csontos in National Business Institute, Inc. (2006).
State by State Guide to Construction Contracts and Claims (Arizona chapter) by Edward Rubacha and James L. Csontos (2006-present).
Environmental Law
Environmental Law Alert: ADEQ Issues New AZPDES General Permit by Janis Bladine
(October 2012)
ADEQ issued a new AZPDES general permit for certain wastewater discharges, making application for such permits easier, more expeditious, and less costly. This alert offers insight into the new process and guidelines.
Groundwater Faces New Risks as In-Situ Leach Mining Comes to the West by Ronnie Hawks and Janis Bladine for the AZ Water Association publication (Fall 2012)
In many parts of the country, fracking has become a hot issue, spurring public debate, novel legal issues, and cries for additional regulatory oversight. Here in the desert southwest, where water scarcity makes groundwater a precious and coveted resource, a related concept poses many of the same issues and challenges. In-situ leach (ISL) mining has ignited significant and often-times heated debate between mining proponents, regulators, residents and environmentalists. Although used in other parts of the country for uranium mining, ISL mining for copper has recently been proposed at sites in Arizona as a way to revitalize old mines and to extract virgin mineral resources.
White Paper: Hexavalent Chromium Standards for Drinking Water Being Evaluated as Health Effects are Reviewed by Ronnie Hawks (Summer 2012)
In response to a toxicity study by the National Toxicology Program in 2008, USEPA began a review of the health effects of hexavalent chromium. USEPA released a draft assessment of hexavalent chromium in 2010. An independent peer review panel urged USEPA to consider additional research then being completed before the agency finalized its assessment. The agency expects to make a new draft available to the public in the third quarter of 2013, with a final assessment in 2014. The health assessment could form the basis for stricter total chromium limits in drinking water, or a separate drinking water standard for hexavalent chromium. That would in turn trigger stricter cleanup standards at Superfund and other sites where chromium is present. Stricter drinking water standards also could significantly increase treatment costs for water providers.
WQARF and CERCLA Contaminated Property Cleanup and Liability, The Most Commonly Asked Questions in Environmental Law (2011) by Ronnie P. Hawks, Janis L. Bladine, and Karen S. Gaylord. A publication by the Maricopa County Bar Association's Environmental Law Section, chapter 6 of the second edition.
Real Estate Transactions, The Most Commonly Asked Questions in Environmental Law (2011) by Ronnie P. Hawks and Janis L. Bladine. A publication by the Maricopa County Bar Association's Environmental Law Section, chapter 7 of the second edition.
Estate Planning, Trusts & Probate
Importance of a Revocable Living Trust as Part of Your Estate Plan by Hillary Gagnon
The Revocable Living Trust is often the primary legal document in an Estate Plan and controls the management and transfer of your assets. This article discusses several important things that a Revocable Living Trust is designed to accomplish.
Long-term Planing for Families with a Special Needs Child by Hillary Gagnon in North Central News (September 2012).
Parents of grandparents of a special needs child (such as autism, cerebral palsy, Downs Syndrome or mental impairment) understand the important role they play caring for their children. Ms. Gagnon helps outline how to plan for the time when you will no longer be able to care for your special needs child to ensure their long-term care.
Guardianships and Conservatorships by Hillary Gagnon (Fall 2011).
When a loved one becomes incapacitated and is no longer able to manage his or her affairs, it may be necessary to seek the appointment of a guardian and/or conservator in order to protect your loved one and his or her assets. A guardian and conservator is essentially a surrogate decision maker appointed by the court for an adult with mental or physical disabilities.
Caring for Aging Parents by Hillary Gagnon
Many of us have undertaken or anticipate undertaking the care of our aging parents. Although it may be difficult to discuss end of life issues with our parents, such discussions and pre-planning are essential.
Changes to Federal Estate & Gift Tax Laws by Hillary Gagnon (January 2011)
The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 made several significant changes to wealth transfer taxes, effective January 1, 2011.
Inexpensive Estate Planning Strategies by Hillary Gagnon (June 2010).
Estate planning can feel a little overwhelming. This guide provides an overview of the key elements and benefits of having your estate plan in place so you know what to expect, and to facilitate the process.
Understanding the Revocable Living Trust by Hillary Gagnon (May 2010).
The Revocable Living Trust is the primary legal document in a typical estate plan. It controls the management and transfer of assets. This article discusses the benefits of a Revocable Living Trust and keys to preparing the document.
8 Life Stages of Estate Planning by G.M. Filisko on Bankrate.com (October 13, 2009).
Hillary Gagnon was included in this article discussing key stages of life when individual and families should evaluate and consider their estate planning and what important factors contribute to changes to an estate plan.
Estate Planning and the Special Needs Trust: Protect the Future of Your Special Needs Child by Hillary Gagnon (August 2009).
This article explains the importance of proper estate planning and serves to aid parents of children with special needs in protecting the child's personal and financial future and increase his quality of life, in the event of a parent's death or incapacity.
Litigation
New Risks To Defaulting Homeowners by Corey R. Foley in the North Central News (May 2012).
Many believe Arizona laws protect all defaulting homeowners from liability to their mortgage lenders. Last month, Arizona's Court of Appeals ruled that lenders have the right under Arizona law to sue "cash-out" borrowers on refinanced home loans in default. Many affected are homeowners who refinanced and "cashed out" during the appreciation boom of the mid 2000's.
How to Deal with the 'Rambo' Litigator and Avoid Dirty Litigation Tactics by Jim Csontos for National Business Institute (June 25, 2008).
Mr. Csontos , a partner with the Firm, was one of the speakers at this seminar in Phoenix, Arizona. The topics covered include Effective Remedies and many more litigation related topics. For more information, contact Jim Csontos or visit National Business Institute.
Litigating the Uninsured & Underinsured Motorist Claim by Jack Cunningham for National Business Institute (December 7, 2007).
Mr. Cunningham, a partner with the Firm, was one of the speakers at this seminar at the Hilton Scottsdale Resort & Villas in Scottsdale, Arizona. The topics covered include Recent Legal Developments, Effective Settlement and Mediation, Prosecution and Defense of UM/UIM Claims. For more information, contact Jack Cunningham or visit National Business Institute.
Surety Law
Enforcement of Collateral Security Clauses in the Ninth Circuit by Matthew Sloan for the Surety and Fidelity Claims Institute Newsletter, pages 11 - 14. (May 2012).
There are many rights afforded to a surety under a General Agreement of Indemnity. One of those rights is the right to demand and obtain collateral from the principal and any indemnitors once the surety receives a claim. This article discusses collateral security clauses as historically viewed by the Ninth Circuit.
Pearlman 2008 by Chad Schexnayder and Edward Rubacha (September 11-12, 2008).
Mr. Schexnayder and Mr. Rubacha spoke at this annual surety seminar held in Seattle, Washington. The main topic at this year's seminar dealt with complex bankruptcy matters. Mr. Schexnayder is a recognized national speaker in this area. Mr. Rubacha spoke on tribes and tribal entities from the surety's and the tribe's perspective. Mr. Rubacha is a nationally-known resource in the area of construction in Indian Country with tribes and tribal entities from the contractors' and sureties' side.
The Surety's Indemnity Agreement - Law & Practice by Chad Schexnayder for American Bar Association Tort Trial & Insurance Practice Section (May 9, 2008).
Mr. Schexnayder, a partner with the Firm, was one of the speakers at this seminar held on May 8 and 9, 2008 in Kansas City, Missouri. The topics covered include Underwriting Risks, Tribal Principals, Bankruptcy and many more surety related topics. For more information, contact Chad Schexnayder.
National Bond Claims Association's Annual Seminar by Jim Csontos (October 11, 2007).
Mr. Csontos, a partner with the Firm, was one of the speakers at this seminar, held October 11-12, 2007 at the Scottsdale Resort and Conference Center in Scottsdale, Arizona. For more information, contact Jim Csontos or visit National Bond Claims Association.
Creditors' Rights
Lessor More Protected: UCC Article 2A Analysis Strengthens Resistance to Common Lessee Collection Defenses By John Sinodis and Chris Stovall for The Monitor, January/February 2012 issue.
In late July 2011, the U.S. District Court for the Eastern District of Pennsylvania published a decision granting summary judgment for an equipment lessor on various defenses and counterclaims raised by multiple business lessees of telephone equipment. De Lange Landed Fin Services v Rasa Floors stands as a thorough and recent analysis of the maturing law on the general enforceability of finance leases, as promoted by UCC Article 2A.
The UCC's Public Policy Favors the Lessor, Come Hell or High Water By: John Sinodis and Chris Stovall for the Lease Enforcement Attorney Network, January 2012
De Lage Landen Fin. Services, Inc. v. Rasa Floors is well worth study and application by lessors and their counsel involved in leasing litigation. It stands as a thorough and recent analysis of the maturing law on the general enforceability of finance leases, as promoted by U.C.C. Article 2A, recognized by the courts, and reinforced by standard protections for the unique and limited role of lessors (such as hell or high water clauses and waiver of defense clauses).
Leasing in Indian Country - Understanding Important Issues by Edward Rubacha and John Sinodis for the Monitor, 2011 Conference Issue .
