June 2018

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At its regular annual meeting at the State Bar Convention this afternoon, the State Bar of Arizona Board of Governors confirmed its slate of officers for the coming year. The new roster includes the newest officer, Secretary/Treasurer Denis Fitzgibbons, elected today:

  • President: Jeff Willis
  • President-Elect: Brian Y. Furuya
  • Vice President: Lori Higuera
  • Secretary/Treasurer: Denis Fitzgibbons

This event included a rare contested election for two positions. The candidates for Vice President were board members Lori Higuera and Hector Figueroa. Candidates for Secretary/Treasurer were board members Tyler Carrell, Jessica Sanchez, Sam Saks and Denis Fitzgibbons.
Follow more news via this Convention Daily…
Continue Reading Executive leadership of @AZStateBar named at #azbarcon 2018

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by Otto S. Shill, III, Member, Jennings, Strouss& Salmon, P.L.C.

Yesterday morning, the United States Supreme Court announced its highly anticipated decision in South Dakota v. Wayfair, __ U.S. __ (No. 17-494, 2018) in which it revisited the Court’s long-standing precedent that a state may only tax businesses that establish “nexus” with a state by having a sufficient physical presence in that state. (See Quill Corp v. North Dakota, 504 U.S. 298 (1992)). Now the Court, in a 5-4 split decision, has concluded that physical presence is not required to establish sufficient constitutional nexus with a state because that view…
Continue Reading The U.S. Supreme Court Nexus Required for State Taxation of Online Sales: But Questions Still Remain

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By: John Fay Published On: June 21, 2018
Once upon a time, I-9 compliance was a relatively simple topic for HR and hiring managers. There was a one-page I-9 form, a pamphlet-sized handbook, and a very slim chance of getting into trouble with the government. Back in the 90s and early 2000s, you had a higher likelihood of winning the lottery than receiving a Form I-9 Notice of Inspection. And the closest thing we had to electronic verification was the Basic Pilot program (a precursor to E-Verify) which was only available in a few states and required installation of software

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Continue Reading Everything you always wanted to know about the Form I-9 (at the second annual I-9 Palooza)

An Arizona Supreme Court’s ruling in January 2018 upheld a decision affirming the finality of trustee’s sales. Zubia v. Shapiro et al., CV-16-0255-PR (2018). A primary purpose of a deed of trust, instead of a mortgage, is to expedite the lender’s recovery when the borrower defaults. Under the statutes for deeds of trust (A.R.S. §33-801 et seq.), rather than litigation for the borrower’s failure to make timely mortgage payments, the lender can take possession of the real property without going to court.  When the borrower is in default, notice of a sale of the property is recorded at least 90…
Continue Reading The Finality of Trustee’s Sales

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On June 5, a panel of four corporate counsel addressed the challenges of diversity and inclusion that are faced by the legal profession.
The event, hosted at Snell & Wilmer in Phoenix, was sponsored by the Arizona Collaborative Bar, the South Asian Bar Association of Arizona, the Iranian American Bar Association, and the State Bar of Arizona.


Attendees gather at Collaborative Bar Association event, Snell & Wilmer, June 5, 2018.
At Collaborative Bar June 5, 2018, event, L to R: Ashley Kasarjian, Sharad Desai, Maacah Scott, and Art Lee

At Collaborative Bar June 5, 2018, event, L to R: Ashley Kasarjian, Sharad Desai, Maacah Scott, and Art Lee

The attorney–panelists were:

  • Sharad Desai, Litigation Counsel, Honeywell International Inc.
  • Maacah Scott, Staff Counsel Arizona Diamondbacks
  • Art Lee, Deputy General Counsel, University of Arizona
  • Ashley Kasarjian, Senior Corporate Counsel – Employment, Republic Services

Greg Gautam, a partner in Snell’s Phoenix office, moderated the…
Continue Reading Arizona Collaborative Bar addresses diversity issues at corporate counsel event

Here are some recent cases that have come down dealing with Copyright Law.

  • Virginia Fair Use Case:  (reversing a decision finding fair use in a photo copyright case involving a picture of Washington D.C.).  The Court noted:

    • “The fair use affirmative defense exists to advance copyright’s purpose of “promot[ing] the Progress of Science and useful Arts.” U.S. Const. art. I, § 8, cl. 8 ; see also Campbell v. Acuff-Rose Music, Inc. , 510 U.S. 569, 575, 114 S.Ct. 1164, 127 L.Ed.2d 500 (1994).
    The defense does so by allowing “others to build freely upon the ideas and information conveyed…
    Continue Reading Recent Copyright Caselaw

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    Be Prepared for ICE, They May be at Your Door

    By: Bruce E. Buchanan Published On: June 6, 2018
    As Immigration and Customs Enforcement (ICE) branches out from their concentration of ICE audits of California employers to the heartland of the United States, such as Tennessee, Arkansas, Mississippi, and Georgia, employers need to be ready to respond to ICE’s delivery of a Notice of Inspection (NOI)/subpoena or a raid by ICE. Yes, I said raid as ICE performed its largest worksite raid in over 10 years in Bean Station, Tennessee in early April 2018.
    Continue Reading: Be Prepared for ICE,

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    Continue Reading Be Prepared for ICE, They May be at Your Door

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    By: restaurant.org Published On: June 6, 2018
    E-Verify, the federally operated online system employers can use to check whether the people they’ve hired are legally eligible to work in the United States, is used by about 500,000 employers across the United States, the Department of Homeland Security reports.
    The system is voluntary for most private-sector employers, though 23 states require some or all employers to use E-Verify. Any employer may sign up for the system, which is administered by the U.S. Citizenship and Immigration Services, part of DHS. Congress is weighing whether to make it mandatory.
    Continue reading: 6

    Continue Reading 6 things to know about E-Verify