Your employer just filed for bankruptcy? Now what happens? You have been assured that your job is safe, but what will happen to your health and pension benefits? These are all substantial issues that can dramatically change a family’s financial security, and significantly impact plans for retirement. As more and more businesses approach and enter […]
In the commercial arena, bankruptcy has become a tool not infrequently used by business people. Be it an asset sale, a device to negotiate with the taxing authorities or a precursor to a recapitalization, the financial professional should be familiar with the options available under the Bankruptcy Code. Also, being aware of what may occur […]
Reorganization under the Bankruptcy Code is designed to rehabilitate a business, thus preserving its value which might otherwise be lost in a liquidation. Chapter 11 of the Code offers various benefits to the business considering reorganization, which does include certain costs. First, certain popular misconceptions should be clarified: There is no requirement of “insolvency” for […]
A client causes serious injury to another. That client’s insurance is insufficient to cover the damages that may be awarded against him. What may counsel for the under-insured client do without exposing himself to civil liability, violating criminal statutes or betraying the rules of professional responsibility? ARIZONA EXEMPTION LAW The initial issue is whether the […]
The Court of Appeals for the Ninth Circuit has ruled that employees may be required to consent to arbitration of all Title VII claims as a condition on employment in Equal Employment Opportunity Comm’n v. Luce, Forward, Hamilton & Scripps, aligning the Ninth Circuit with the rest of the country on this issue. Now, employers […]
Whether you are a plaintiff or defendant engaged in litigation, or are someone faced with litigation which has not yet been filed, you will probably be counseled by your attorney to consider mediating your dispute. Many people confuse “mediation” with “arbitration.” Mediation is defined in the American Heritage Dictionary as “an attempt to bring about […]
Most folks who sue someone angrily, in an effort to redress a wrong that was done to them, say “I only want my day in court.” But having your “day in court” these days is not a sure thing. The court systems in Arizona’s two most populous counties are struggling to deal with a mountain of […]
The Appeal: “We’ve Only Just Begun . . .” The civil lawsuit (a lawsuit between people or corporate entities for money) is filed. Months later, during which the lawyers have made countless tactical and legal decisions, the long and complicated trial has been completed. The jury, after reviewing all the evidence and listening to the […]
TUCSON, Ariz. (September 2015) – Seven lawyers from Mesch Clark Rothschild have been recognized as Best Lawyers In America for 2016: Emery Barker, Douglas H. Clark, Jr., Mel Cohen, Richard Davis, Michael McGrath, Fred Petersen, and Lowell Rothschild. Emery Barker is a Best Lawyer in Arbitration, Commercial Litigation, Litigation – Real Estate, Litigation – Trusts and Estates, and […]
Serving Our Clients and Our Community
