Articles

Lowell Rothschild — In Memoriam

In memory of Lowell Rothschild, honored attorney and founder of Mesch Clark & Rothschild, this tribute was written by his loving grandchildren, Isaac and Nathan Rothschild. The tribute can be found in Pima County Bar Association’s newsletter, The Writ.  

Vulnerable Adult Claims

Arizona’s legislature created a cause of action against people who abuse or harm vulnerable adults. The statute appears in the Adult Protective Services Act or APSA, under which a Plaintiff must establish the following: a) the patient was a vulnerable adult; b) the medical facility was an enterprise that was hired to provide care; c) […]

MCR’s Tri-Pellate Lawyers

“Let’s just get the verdict we want, and worry about the appeal later.” This statement – supposedly from legendary Arizona trial lawyer and politician Mo Udall – has been repeatedly made by “trial lawyers”. This approach makes “appellate lawyers” shudder. The appellate lawyer is always on the lookout for timely, accurately stated objections on any […]

Politics Around the Water Cooler

Basketball, football, and baseball seasons come and go, but one spectator sport that is always in play is politics. It used to be that in polite society, no one spoke about religion or politics. This is no longer the case. In November and December of 2011, Harris Interactive on behalf of CareerBuilder conducted a survey […]

What is Happening to Community Banks and Agricultural Lenders?

Agricultural Lending Institutions are Consolidating Consolidation has been a trend in financial institutions for years, but no sector has experienced a greater amount of consolidation than banks in rural America. In the 1980’s there were approximately 15,000 community banks serving local communities – currently there are less than 5,000. Since 2010, mergers increased from 173 […]

Responding to Medical Board Complaints

Painful though it may be, imagine going through your mail one morning and finding a letter from the Arizona Medical Board. You open the letter and your eyes become fixated on the first paragraph that reads: Pursuant to A.R.S. §32-1451(A), you are being notified that the Arizona Medical Board received a complaint and an investigation has […]

Preliminary Notice Update

A contractor or subcontractor typically will have (after breach) a claim for recovery against the party who agreed to pay for the work the contractor performs. For several years, we have recommended that contractors protect themselves by preserving their rights either to go against the property on which improvements are built (in public projects) or […]

Some Thoughts On Collections & Personal Guarantees

During a period of economic volatility, it is essential for businesses to implement and maintain a collection program for accounts receivable and monies due, and maintain and adhere to a policy relative to personal guarantees. This article seeks to raise various issues for consideration by a business person on the topic of collections and guarantees. […]

Spendthrift Clauses In Bankruptcy

An Overview of the Bankruptcy Ramifications for Debtors who are Beneficiaries or Trustees of a Trust with a Spendthrift Clause Prepared for the Tucson Tax Study Group – October 21 2016 By Isaac D. Rothschild1 and Elissa Harshman2 Spendthrift Clauses in Bankruptcy Federal law creates a bankruptcy estate, but it is state law that defines the […]

A Synopsis of Arizona’s Medical Marijuana Law

The latest statistics from the Arizona Department of Health show that, as of May 1, 2016 (latest numbers), 99,938 Arizonans have medical marijuana cards. Cardholders range in age from under 18 to over 80 years old. However, the majority of cardholders are working in business today. Chances are that many employees have cards. What rights […]