Sacks Tierney P.A.

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

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ARTICLES

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

 Litigation and Appeals

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 - Sharon Moyer

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

 Banking Law

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

 Business and Corporate Law

Be Careful When Changing Business Insurance Policies
- Gaye Gould

Fiduciary Duty in an Arizona LLC - Steve Benson

Crowdfunding Signals a New Era in Equity Investment - Matt Winter

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

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

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

 Dispute Resolution

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

Arbitration in Arizona: Changes Have Arrived - David Tierney

 Employment Law

Ban on Sexual Orientation Discrimination May Affect Arizona Employers - Sharon Moyer

Minimum Wage and Paid Sick Leave: New Arizona Statutes - Sharon Moyer

New OSHA Rule May Impact Post-Accident Employee Drug Testing - Sharon Moyer

Joint Employment: NLRB Ruling Poses New Risks for Employers - Sharon Moyer

Employee Misclassification and the “Economic Realities” Test - Sharon Moyer

Accommodating Pregnant Employees - Sharon Moyer

NLRB Takes Aim at Employee Handbooks - Sharon Moyer

FMLA: Communicating with Employees on Leave - Sharon Moyer

Minimum Wage: Don't Overlook Arizona's Higher Requirement - Sharon Moyer

Arizona Same-Sex Marriage Triggers FMLA Eligibility - Sharon Moyer

Restrictive Covenants in Employment Agreement Found to Be Too Broad - Sharon Moyer

Supreme Court Decides Cases in Favor of Employers - Sharon Moyer

NLRB Poster Requirement Struck Down by D.C. Court - Sharon Moyer

IRS Program Offers Employers a Break for Misclassifying Workers - Sharon Moyer

Confidentiality in Investigations: A Trap for Unwary Employers? - Sharon Moyer

Unique Legal Issues Affect Employers on Arizona Indian Reservations - Sharon Moyer

A Planning Resource for Your Arizona Employee Handbook - Sharon Moyer

Employee Voting Rights: Arizona Employer Obligations - Sharon Moyer

Social Networking and the Workplace - Sharon Moyer

Reducing the Risk of Wrongful Termination - Sharon Moyer

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

Medical Marijuana in Arizona: Drug Testing and Employer Obligations - Sharon Moyer

Avoiding the Threat of Genetic Discrimination - Sharon Moyer

The Affordable Care Act: Things You Should Know for 2011 - Sharon Moyer

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

Veterinarians Need Not be Paid Overtime - Sharon Moyer

Workers' Comp Benefits for Injured Impaired Employees - Sharon Moyer

 

 

 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 - Sharon Moyer

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

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

 Real Estate Law

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

 Taxation

The “Medicare Tax” - Steve Benson