NEWSLETTERS
DATE
The Secret is Out - The Defend Trade Secrets Act of 2016
In 2016 Congress created a federal private cause of action for trade secret misappropriation which provides remedies not previously available in our expanded and digitized environment.
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'Public Use', Eminent Domain and Redevelopment
The power of eminent domain is well-established black letter law created under the U.S. Constitution’s Fifth Amendment. The original intention of the power was to provide a mechanism for the government to acquire land for public use so long as the property owner was justly compensated. The U.S. Supreme Court’s 1875 case of Kohl v. United States1 was the first time a U.S. court recognized the existence of eminent domain power. Over time, a main controversy surrounding this power has been determining what constitutes actual “public use.”
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Dangers in the Digital World
Navigating your remedies when the Web attacks. What can you do when you have been defamed on the internet?
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Community Property 101: A primer on property rights conferred by wedding vows
It is common knowledge that Arizona is a community property state.  What does that mean? It means a lot.
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Are Your Salaried Employees Exempt? Are You Sure?
It's not just the NLRB you need to fear as employees increasingly turn to courts to collect wages.  "Low hanging fruit."  That is what local attorneys are calling their pickings when their clients have not been paid in strict accordance with the Fair Labor Standards Act.  If you think your company is safe, think again.
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Ready for Business with Uncle Sam
For years, Tiffany & Bosco, P.A. has assisted clients regarding various federal, state, and local governmental resources for businesses, but for the first time the firm has identified the following legal services as falling under its newly created practice area of “Government Programs for Business.”
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Protecting Real Property in a Recovering Market
In a recent opinion, the U.S. Supreme Court invoked the "unconstitutional conditions doctrine" in the context of land-use regulation and sided with a property owner who had challenged powerful government regulators. Koontz v. St. Johns River Water Mgmt. Dist., 133 S. Ct. 2586, 2603 (2013). This case highlights the David and Goliath battles that often characterize negotiations between government land planners and property owners...
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Business Spotlight
Most government contracts of any size are awarded through a public bidding process.1 The first step in pursuing a government contract, therefore, is to sign up to receive e-mails from specific agencies so that you will know when a solicitation is out for bid...
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Dying to Pay
Winter 2012
Dying to Pay
Arizona law protects creditors of decedents' estates, but numerous traps lie in wait for the unwary. This article offers a short introduction to creditors' claims in probate. As a threshold matter, secured creditors do not have to deal with probate and may proceed to a trustee's sale or foreclosure just as if the debtor were still alive.
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Solving conflict without a trial
ALTERNATIVE DISPUTE RESOLUTION ("ADR") is a process that exists  outside of the traditional governmentally-sponsored judicial system. Although the purpose of ADR is the same - to resolve the controversy that exists between the parties - the methods employed to achieve this purpose differ. The two most commonly recognized and utilized ADR techniques are mediation and arbitration.
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Expanding the Firm's Footprint into Nevada
With doors now open in both the Grand Canyon and Silver States, Tiffany & Bosco welcomes five new attorneys. By opening a branch in Las Vegas the law firm is better able to serve its Nevada-based clients. Tiffany & Bosco has grown to a team of over 40 lawyers and a support staff of over 170 people. The new office primarily provides services in the area of foreclosure mediation, creditor bankruptcy representation, eviction, and related litigation, in both state and federal courts.
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It Pays to Plan
Summer 2011
It Pays to Plan
Last December, the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the "Act") was signed into law. In addition to extending the "Bush Income Tax Cuts" of 2001, a part of this law contains new wealth transfer tax rules for 2010, 2011, and 2012. This article provides a brief overview of the wealth transfer tax portion of the Act.
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Dealing with Debtors
When a debtor in receivership turns to bankruptcy, a secured creditor should turn to the Bankruptcy Code. The appointment of a receiver over a borrower's assets is a powerful tool for the secured creditor when included as a default provision in a well-crafted loan document.
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Are Investors Back? Raising Capital innew economy
Are investors back?As the economy begins its slow recover, many businesses are dusting off their plans to raise capital. The capital markets have been virtually frozen for 20 months. Anecdotally, there is a lot of money sitting on the sidelines, but people are afraid to get back in the game. Still, as investors regain confidence, money should begin to flow again.
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In Trusts we Trust. The new Arizona trust code offers better protections for beneficiaries
Supplemental legislation, effective September 30, 2009, has made technical corrections to and clarified the Arizona Trust Code (ATC), and made other additions not in the original bill. Now the new ATC offers better protection for beneficiaries.
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The Parties Over. Cinderella cities cope with a
The Phoenix real estate development market from 2003-2006 was truly the most festive "Developers Ball" in the country. Now cities that once benefitted from the market are trying to figure out how to deal with the real estate bubble that has gone "bust."
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Ideas. Trademark Selection and Protections: A Practical Guide
Successful businesses should protect their trademark rights. A trademark (or service mark) is typically one or more terms or symbols used to identify or brand a product or service. Businesses should be aware of and consider various aspects of trademark protection and some practice tips in selecting a trademark and applying for registration.
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Doing Business on Tribal Land. Some Important Concerns
Tiffany and Bosco address some important issues that arise when businesses and individuals do business with Indian Tribes or Tribal Entities on Tribal Lands.
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Personal and Personal Break ups.Minimizing the consequences
Like marital partners, business partners can have irreconcilable differences that require their separation. Business divorce is an area of the law that assists clients in the splitting of assets of the company or the business itself. Business divorce involves separating the conflicting owners and concluding the dispute-usually through negotiation, agreement, or if necessary, litigation.
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Words to Keep. Assessing when and when not to purge saved Documents
Whether, and how long, to retain documents is a question plaguing businesses and individuals alike. The question of whether to keep original documents and letters (either sent or received), drafts, working copies, notes, memos, minutes of meetings, and now e-mails and all sorts of other digital/electronic documents (records" or "documents") is constantly in conflict with the desire to clean out files and storage areas."
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Speculative Builders Tax Sellers, Purchasers and Title Companies Beware
Municipalities are charging sellers of real property, and in some cases unsuspecting purchasers and successive purchasers, what is commonly called a speculative builders tax upon the sale of improved real property. Sellers, purchasers and title companies beware of the HIDDEN real estate tax.
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