Articles

How to Prepare for a Successful Mediation

After 30 years of practicing law, I served as Mayor of Tucson for eight years.  In that time I had many opportunities to use the skills I had learned as an attorney to act as a Mediator to solve what looked like intractable problems for parties that thought their differences were irreconcilable:  Rio Nuevo, Neighborhood […]

Omitted Children in the Kobe Bryant Estate – Have you omitted your own children?

With the recent death of Kobe Bryant, world renown sports star, the Byrant family and the world mourned a terrible loss. And in Kobe’s own family, after the shock of the death, funeral, and then review of his estate, it became very clear that Kobe had left his daughter Capri out of his trust. Now […]

Piercing the Corporate Veil – A Concealed and Extended Liability Period

Almost all lawsuits have a period within which they must be brought known as a statute of limitations. In Arizona, the statute of limitations for most issues regarding personal injury or negligence is two years and six years for contract actions. However, if the party alleging the injury or damage does not bring the claim […]

Distressed Real Estate – What You Need to Know When Negotiating the Terms of a Real Estate Loan

During the Great Recession, the delinquency rate for commercial real estate loans peaked in the second quarter of 2010 at 8.76%.1 Fallout from the current pandemic may dwarf that number. If debt service ratios are reviewed after April 2020, a significant number of loans will be in technical default as tenants request abatement or deferral […]

This is a Perfect Time to Consider Your Estate Plan

Many of us have a little extra time on our hands these days, which allows us to spend more time with family and a unique opportunity to consider what estate planning we need in place to protect ourselves and our loved ones. Maybe you have estate planning in place but much has changed since it […]

COVID-19’s Impact on Agribusiness

Cotton farmers and dairy farmers in Arizona were dealing with commodity price fluctuations that created business issues prior to the pandemic. While the rural communities of Arizona have not been the center of the pandemic, the food supply remains in a good position. However, the rural communities are not immune from the impact of the […]

Faith Based Planning

When planning one’s estate, it may seem that the primary focus is about securing and passing on wealth to the next generation. Although wealth succession planning is integral to every estate plan, there are other types of “non-material wealth” that may include your faith and religious convictions. Indeed, an important question to ask when planning […]

DOL Guidance on Federal Pandemic Unemployment Compensation and Pandemic Unemployment Assistance

The United States Department of Labor (“DOL”) recently published two Unemployment Insurance Program Letters (“UIPL”) to assist states in implementing Federal Pandemic Unemployment Compensation, UIPL 15-20, and Pandemic Unemployment Assistance, UIPL 16-20, which are programs available under the CARES Act. Below is a brief overview. Federal Pandemic Unemployment Compensation (“FPUC”) Under FPUC, individuals receiving regular […]

The Importance of Friendly Secured Creditors in the Time of Uncertainty and Asset Protection

In times of crisis or uncertainty, such as the pandemic, few creditors are eager to litigate. Many creditors will simply be silent and send invoices, while others will be proactive in determining what can be done and understand that your business continuing is in their best interest. Business owners or friends or family members of […]

Administering a Trust after a Trustor Dies

Read the Trust document and the Will and decide whether to accept the Trusteeship A Successor Trustee who accepts their appointment by the terms of the trust or through a court order, should be certain to read the trust document first (and corresponding Will). This will familiarize one with what the trust says about administration […]