Featured

RSS Link
gijs-coolen-CRmcBeINxtg-unsplash motorcycle Photo by Gijs Coolen on Unsplash
Photo by Gijs Coolen on Unsplash

If you or somebody you love has been injured or sustained property damage in a motorcycle accident caused by the actions of another individual in Arizona, you will likely be able to recover compensation for your losses. However, every case is unique and the value of your injury damages depends on a variety of factors. Here, our motorcycle accident lawyers want to examine how much a motorcycle accident claim is really worth in Arizona.

Calculating Medical Bills
The absolute most important factor after a motorcycle accident occurs in Arizona is for the crash victim to seek medical care. Unfortunately, motorcycle…
Continue Reading What is my motorcycle injury claim worth?

tingey-injury-law-firm-6sl88x150Xs-unsplash jury gavel Photo by Tingey Injury Law Firm on Unsplash
Photo by Tingey Injury Law Firm on Unsplash

Nearly all lawyers and law students are familiar with the conventional advice regarding how to perform and maximize the persuasiveness of an appellate oral argument. For example, law students are taught to develop a persuasive theme, begin with the strongest argument, know the record, the law, and the standard of review, concede (or reconcile) unfavorable facts and precedent, never attack the adversary or lower court, never misrepresent the facts or law, and craft a compelling narrative.

This is good advice that can certainly enhance the persuasive value of an argument, increase the likelihood of success, and ensure that an advocate…
Continue Reading 6 tips for successful appellate oral argument

Shareholder-Rights

As we have witnessed on the world’s stage, those who have power sometimes oppress the rights of those who do not possess power of equal measure. Forms of oppression can also occur in the corporate arena, specifically between majority and minority shareholders in closely held corporations. A “closely held corporation” has relatively few shareholders, and their shares are not listed on an exchange nor actively traded by securities brokers. Minority shareholder oppression can happen when majority shareholders’ conduct improperly impairs the rights of the minority (non-control group) shareholders.

Shareholder Oppression

Shareholder oppression occurs when the majority shareholders in a corporation…
Continue Reading Colorado law protects the rights of minority shareholders

clark-van-der-beken-CSkriQWeTVs-unsplash car auto crash Photo by Clark Van Der Beken on Unsplash
Photo by Clark Van Der Beken on Unsplash

Unfortunately, fatal collisions occur every day across the United States.  Most commonly, fatal crashes occur when two or more vehicles collide.  But outside of other vehicles, what are drivers most likely to hit in fatal crashes? Poles? Trees? Curbs? Or something else? We examined 20 years of fatal crash data from the National Highway Traffic Safety Administration (NHTSA) to find out.

A fatal crash can involve multiple factors or events, however. Therefore, this analysis focuses on the “most harmful event” for each crash. According to the NHTSA, the most harmful event is defined as “the event that resulted in the…
Continue Reading Data analysis: the most harmful event in fatal vehicle crashes

micaela-parente-YGgKE6aHaUw-unsplash dispute resolution Photo by Micaela Parente on Unsplash
Photo by Micaela Parente on Unsplash

The January 2022 issue of Dispute Resolution Magazine includes results of a survey of past contributors about the dispute resolution field.  One question asked about cases, statutes, regulations, or standards of practice that had the biggest impact on the field, and another question asked about changes in case law, statute, or rule they would like to see.

These questions focus on important issues to consider to lay the groundwork for possible future initiatives.  This post summarizes the responses in the survey and describes how members of our community can develop realistic theories of change to achieve specific goals to improve…
Continue Reading Survey results: How to improve dispute resolution

randy-tarampi-cPVj7QlcKyM-unsplash autonomous vehicle Photo by Randy Tarampi on Unsplash
Photo by Randy Tarampi on Unsplash

Criminal Matter or Product Liability Case?

In January of 2022, a criminal case in California was filed against a driver who was involved in a fatal collision while operating his self-driving autonomous vehicle (AV). A self-driving car, also known as an autonomous vehicle, is defined as a driverless car that can sense its environment and moving safely with little or no human input. In 2019, two people lost their lives when the driver ran a red light while using his Tesla’s autopilot AV system. He has since been charged with vehicular manslaughter, and the criminal charges filed against him are…
Continue Reading If you’re hit by an autonomous vehicle, who’s to blame? 

scott-graham-5fNmWej4tAA-unsplash zoom meeting Photo by Scott Graham on Unsplash
Photo by Scott Graham on Unsplash

As I often mention during the meeting when clients sign their estate plan documents, that an estate plan is “not designed to be set in stone forever.” For the most part, estate plans and their respective documents are designed to evolve as the individual’s life changes. Without the ability to amend or revise the documents, and as the years pass by, an estate plan becomes outdated and practically useless.

Oftentimes an outdated estate plan causes logistical problems for those individuals in areas of responsibility as they attempt to unravel what should occur. Unfortunately, it also leads to the estate ending…
Continue Reading The importance of updating your estate plan

marvin-esteve-4y8A6Ve-3GE-unsplash caution Photo by Marvin Esteve on Unsplash
Photo by Marvin Esteve on Unsplash

Healthcare is a multi-billion dollar industry.  Where there is money, there are fraudsters and scammers.  The healthcare industry has more than its share.  Some of these scammers target Medicare and health insurers but many target individuals.  Don’t be one of their victims.

Healthcare fraud against individuals takes many forms.  One involves calling a patient, often an older patient who is a Medicare beneficiary, and obtaining confidential information, which can be used to file phony health claims or to enroll the victim in a Medicare Advantage plan without their knowledge.

Scammers are very sophisticated these days.  They can manipulate the caller…
Continue Reading Beware – health care fraud ahead

andreas-klassen-gZB-i-dA6ns-unsplash LLC corporation Photo by Andreas Klassen on Unsplash
Photo by Andreas Klassen on Unsplash

If you’ve chosen to organize your business as a limited liability company in Arizona, there are a number of steps you must take to launch your new enterprise. The Articles of Incorporation is one of the first – and most important – legal documents you must prepare and file with the Arizona Corporation Commission for approval.

All states require new corporations to file Articles of Incorporation with the appropriate state authority. Although the requirements vary from state to state, Articles of Incorporation for a limited liability company generally serve the same purpose in all jurisdictions:

  • Create

…
Continue Reading Articles of Incorporation: Starting your new Limited Liability Company

colin-lloyd-SQZtpwXnY1Q-unsplash courthouse Photo by Colin Lloyd on Unsplash
Photo by Colin Lloyd on Unsplash

Some states permit direct appellate review by the state’s highest court in cases where a matter presents a serious opportunity to develop, change, or clarify the law. Where an issue is unresolved, a state or federal statute was declared unconstitutional, or the applicable law is obsolete or unclear, the procedure permits a high court the discretion to take the case, bypassing the intermediate appellate court, and address the question presented. The same may be true for matters of great public significance or where the precedent that will be set will likely govern other cases percolating through the system.

Despite the…
Continue Reading Skipping the intermediate appellate court

ian-schneider-TamMbr4okv4-unsplash (1) passion choices Photo by Ian Schneider on Unsplash
Photo by Ian Schneider on Unsplash

I saw this somewhere in the last few weeks and it rang true to me. The choices we make define us, always. Some may be smaller and some larger, but together they show who you are. Sometimes the choices that seem smaller show more than you think because they are choices you make on a daily basis.

How long do you take to return phone calls or emails? If you’re like me, you receive a large number of calls and emails. It’s easy to tell yourself you will get to them when you get to them. But in my case…
Continue Reading We are our choices. Every. Single. Day.

towfiqu-barbhuiya-M8z2SwSwpbg-unsplash debt Photo by Towfiqu barbhuiya on Unsplash
Photo by Towfiqu barbhuiya on Unsplash

A debt-to-income (DTI) ratio is the percentage of gross monthly income you use to repay debts, such as student loans, credit cards, and auto loans. In general, a debt-to-income ratio is a measure of your financial health. A low DTI ratio might indicate that you can afford to repay loans without experiencing financial hardship. Conversely, a higher debt-to-income ratio may appear that you are over-extended and do not have enough funds to repay your loans.
How Do Lenders Use the Debt-to-Income Ratio?
Lenders prefer borrowers who have a low DTI ratio. In general, college students might have a low ratio…
Continue Reading What should your debt-to-salary ratio look like when taking out student loans?

https-i0-wp-com-usaccidentlawyer-com-wp-content-uploads-2020-10-fountain-valley-personal-injury-lawyer-jpgresize810%2c540ssl1

Legal folks are always disagreeing. But what many people forget is that you have a lot of power in how you frame a disagreement, or dispute, or any point, really. A slight tweak in how you frame things can change audiences’ perspective entirely.

Framing is magic. A word here, a phrase there, and our readers respond differently to the same information. When I say framing, I mean making language choices so that a standard, an issue, a rule, or a situation sounds more favorable to your side (while still accurately relating the details). This is a go-to tool in many…
Continue Reading Framing the crux of your arguments

solen-feyissa-1S1w1c4_VyA-unsplash tiktok Photo by Solen Feyissa on Unsplash
Photo by Solen Feyissa on Unsplash

TikTok’s popularity soared to new heights during the COVID-19 pandemic, and shows no sign of slowing down anytime soon. Teens and other users (including us!) can’t get enough of the platform that mostly features addictive and compelling short clips with user-generated content.

Instagram, YouTube, and Facebook also offer entertaining and insightful content, but have you ever wondered why different rules apply to TikTok? Is TikTok subject to copyright laws? Do you need a TikTok lawyer if you use it as a content creator? Let’s discuss below:
Music
Do TikTokers seem to get away with a lot more than other influencers…
Continue Reading TikTok and the law: Music, copyright and ownership

clay-banks-h4elZPxUXLU-unsplash strength Photo by Clay Banks on Unsplash
Photo by Clay Banks on Unsplash

This post is prompted by an article by Washington Post columnist Paul Waldman, We’re Still Asking the Wrong Question about Biden and Ukraine.  He writes:

For once, can we confront a foreign policy challenge without obsession over whether the president is being “weak” or “strong”? … In any foreign policy challenge, understanding what goes into the decisions other countries will make is absolutely vital.  But if you’ve decided the only thing that matters is whether America and the American president look weak or strong, you’ve become willfully stupid and blind.   And in your desperation to show strength, you inevitably push…
Continue Reading Which is better: To be strong or smart?

ian-hutchinson-U8WfiRpsQ7Y-unsplash (1) Supreme Court SCOTUS Photo by Ian Hutchinson on Unsplash
Photo by Ian Hutchinson on Unsplash

Justice Stephen Breyer’s announced retirement has brought forth retrospectives about his legacy as a pragmatist who cared about the real-life consequences of the Supreme Court’s decisions. Among the tributes was a heartfelt statement from Chief Justice John Roberts that revealed a little-known insider secret about Breyer: Breyer treated his colleagues to a “surprisingly comprehensive collection of riddles and knock-knock jokes.”

To advocates before the Court, Breyer was known for his paragraphs-long questions that worryingly ate into your time and sometimes, as the Chief Justice said upon Breyer’s retirement, contained “fanciful hypotheticals … [that] have befuddled counsel and colleagues alike.” Breyer…
Continue Reading Justice Breyer retires