Articles

Beware the digital quicksand: Prep for lawsuits with smart information governance

Does your company use email, text messages, websites or software? If so, when your company is sued and you’re forced to turn over portions of this data in a lawsuit, you’ll pay roughly $18,000 per gigabyte of data eventually produced. This does not include the cost of paying your lawyer to actually litigate the matter. […]

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 […]

What We Know About the New GMO Law? How will it affect Ranchers and Farmers?

In early August, former President Barack Obama signed a new law requiring the labeling of food that contains genetically modified organisms (“GMO”). It is estimated that 75-80% of food sold in the United States contains some type of GMO. We know the law had both bi-partisan support and bi-partisan opposition. We know the law preempts […]

A Reminder via Brexit – Contract Contingencies

Setting aside the various political, social, and economic issues that will continue to arise out of the United Kingdom’s Brexit vote earlier this summer, several sources reported on a curious piece of tangential news with which I at least took comfort. Several news sources reported that many contracts executed in the months leading up to the […]

What is a Consensual Lien?

Creditors (someone who is owed money from a borrower) come in two categories: secured and unsecured. Secured creditors have a claim against one or more specific assets of the debtor. That means that the parties agreed that, if a default occurs, the creditor can take possession of the specific asset to satisfy the debt. This […]

Fiduciary Duty: Are You Held to a Higher Standard?

In certain relationships, one party is held to a higher standard of conduct. In most circumstances one person owes a duty to another to act reasonably and not negligently. But some relationships give rise to a special duty, such that one owes the duty to another to not only act reasonably, but to act with […]

Owner/Partnership Dissolution

Don’t Be Conflicted

Just like anyone else, corporate officers and directors can be sued. But, the law in Arizona does provide officers and directors protection from legal liability if corporate actions are taken with the corporation’s best interests in mind. If you, as an officer or director, act in good faith, with the care of an ordinarily prudent […]

For Profit and Non-Profit Corporations Compared

Incorporation Incorporating a for-profit corporation and a non-profit corporation in Arizona initially entails the same three-step process: (1) file articles of incorporation with the Arizona Corporation Commission (“ACC”); (2) publish the Articles of Incorporation in a newspaper of general circulation; and (3) submit an affidavit of publication to the ACC. Once these three requirements have been […]