Mesch Clark Rothschild PC

Website: https://www.mcrazlaw.com/
Follow:

Mesch Clark Rothschild PC Blogs

Mesch Clark Rothschild Blog

Blog Authors

Gina
Mesch Clark Rothschild

Latest from Mesch Clark Rothschild PC

https-mcrazlaw-com-wp-content-uploads-2022-06-deb-elkins-article-2-1024x541-jpg

Mesch Clark Rothschild could not be more thrilled with the PCBF announcement of the new Deb Elkins Volunteer of the Year Award. This is the perfect tribute to a leader in the Tucson Legal Community and a passionate literacy volunteer. Deb spent 34 years working with Michael McGrath and 25 years with Mesch Clark Rothschild when they both joined the firm. She earned her well-deserved retirement in 2016.Her legacy remains as the committed, dedicated Paralegal that often became friends and confidants to those she served and worked with.

The post Pima County Bar Foundation Announces New Deb Elkins Volunteer of the Year …
Continue Reading Pima County Bar Foundation Announces New Deb Elkins Volunteer of the Year Award

https-www-mcrazlaw-com-wp-content-uploads-2020-09-rmw-1-630-x-12000-jpg

Joint Tenancy is truly the “hypocrite” of all estate planning techniques because it appears deceptively simple and predictable, yet problematic upon closer inspection.  All too often, one who uses joint tenancy buys into the lie that because property will eventually transfer to the survivor of two joint tenants upon the death of the first, that Joint Tenancy is truly the “Holy Grail” in estate planning.  But this is far from the truth.

What is a Joint Tenancy?

A joint tenancy is a concurrent property interest that permits two or more individuals or legal entities to hold title to real, personal, and intellectual property.  Fundamentally, it…
Continue Reading Joint Tenancy is not the Estate Planning Holy Grail

https-www-mcrazlaw-com-wp-content-uploads-2019-12-image-3-png

Thom K. Cope and Sandra Jones

There is a movement among young adults in China referred to as “Lying Flat,” which means rejecting a traditional lifestyle of careers, marriage, parenthood, and homeownership. Instead, those lying flat pursue a restful, minimalist lifestyle that prioritizes experience over possessions.

Initially, the concept of lying flat may seem alluring: escaping the stress of a demanding career in exchange for quality time with oneself sounds like a much deserved break after decades of sacrifice, hard work, and discipline. Yet, for a type A person who has been driven to achieve, lying flat would probably get…
Continue Reading Work/Life Balance Point/Counterpoint

https-www-mcrazlaw-com-wp-content-uploads-2019-05-jfw-1-8may19-819x1024-jpg

Obergefell v. Hodges, 576 U.S. 644, is a landmark civil rights case in which the United States Supreme Court ruled (5-4) that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The Supreme Court held that state bans on same-sex marriage and on recognizing same-sex marriages duly performed in other jurisdictions are unconstitutional.

For the majority, Justice Anthony Kennedy asserted that the right to marry is a fundamental right “inherent in the liberty of the person” and is…
Continue Reading The Supreme Court Might Limit LGBTQ+ Families’ Rights and How Estate Planning Lawyers Can Help

https-www-mcrazlaw-com-wp-content-uploads-2019-05-bmh-3-7may19-819x1024-jpg

As we previously wrote, there did not appear to be any legal barrier to employers requiring its employees to be vaccinated against COVID-19 in order to continue working. As anticipated, the EEOC issued guidance in late-May stating employer-mandated vaccination policies for employees physically entering the workplace do not violate federal employment non-discrimination laws, subject to reasonable accommodations for employees disabilities and/or sincerely held religious beliefs.

In one of the first cases to challenge an employer-mandated vaccination policy, a Texas federal court wasted no time dismissing a case claiming such policies violate Texas law against wrongful termination. Houston Methodist Hospital…
Continue Reading Court Upholds Employer-Mandated Vaccination Policy

https-www-mcrazlaw-com-wp-content-uploads-2021-05-alex-winkleman-2-240x300-jpg

On January 15, 2021, the news leaked that Governor Doug Ducey would appoint to the bench of the Superior Court Mesch Clark Rothschild’s very own Gary J. Cohen—the original Tri-Pellate lawyer!  With his elevation, Gary has passed his mantle to a new generation of tri-pellate lawyers, Alex Winkleman and Bern Velasco.  Stepping into the Hon. Cohen’s gargantuan shoes is no task for the faint of heart! Gary, we thank you for your mentorship and look forward to reversing you on appeal! 

It is a question we often hear (and one we ask ourselves):  what is the tri-pellate lawyer?  As the…
Continue Reading The New Generation of Tri-Pellate Lawyer

https-www-mcrazlaw-com-wp-content-uploads-2020-09-rmw-1-630-x-12000-jpg

This is a tale of two estates.

The Estate of Lisa:  Lisa was a well-respected estate planning attorney who knew the benefit of a trust-based estate plan, which includes a Revocable Living Trust “Trust.” Lisa left behind a very simple and very old Last Will and Testament because she thought revising her estate plan to adequately address her multiple properties in various states would upset her second husband. Her out-of-state and grieving family now must wrestle with the cost, hassle, time and uncertainty of multiple probates in various states, and her second husband is understandably upset.

The Estate of Susan:…
Continue Reading Oh, but I Don’t Have Enough Money to Create a Trust

https-www-mcrazlaw-com-wp-content-uploads-2015-12-attorney-at-law-thom-k-cope-jpg

This is a follow-up to my article about mandating vaccines.

The threshold question employers must ask is, “Do I really want to mandate vaccines?” My previous article discussed the few exceptions and cautions when an employer does mandate vaccinations. So, let us assume an employer wants to mandate the vaccine but does not want to appear Draconian.  Should employers incentivize employees; and if so, what are the pitfalls? If employers offer cash bonuses or days off, is it truly a “voluntary” program? Does an incentive create pressure on those who do not want to be vaccinated? A recent survey…
Continue Reading The Pitfalls of Incentivizing Employees to Get Vaccinated

https-www-mcrazlaw-com-wp-content-uploads-2019-12-mayortiemecklerphoto-143_f-1-711x1024-jpg

Events of recent weeks brought into focus this issue:  How do we cultivate leadership that understands how to gather relevant, vetted evidence and utilize unbiased critical thinking to make decisions in the interest of the greater good. 

Politics has gone from a place where people complained you could not tell the difference between the political parties to a point where the aisle between the parties is an ocean that a member of either party swims alone at their peril. In a time when our capacity to concentrate, engage in critical thinking, respectfully disagree, solve complex societal challenges, or even have…
Continue Reading Cultivating Leadership: The Speaker Series

https-www-mcrazlaw-com-wp-content-uploads-2015-12-attorney-at-law-patrick-j-lopez-jpg

Arizona statutory law, enforced by the Arizona Registrar of Contractors, requires specific information in every residential construction contract with a property owner where the amount of the contract exceeds $1,000. Every such contract requires:

  • The name of the contractor, the contractor’s business address and license number.
  • The name and mailing address of the owner and the jobsite address or legal description.
  • The date the parties entered into the contract.
  • The estimated date of completion of all work to be performed under the contract.
  • A description of the work to be performed under the contract.
  • The total dollar amount to

    • …
    Continue Reading Arizona Contractors: Does Your Residential Contract Meet Legal Requirements?

    pierre-bamin-8we5qwdjWk8-unsplash late tardy Photo by Pierre Bamin on Unsplash
    Photo by Pierre Bamin on Unsplash

    Bidder beware.  Interpreting federal law can sometimes feel like solving a riddle.  For example, when is an early bid late?

    In the case, In re Sea Box, Inc., the Government Accountability Office (GAO) determined that a bid received by government servers eight minutes before the deadline was late because it did not arrive in the Contract Officer’s inbox until shortly after the deadline.  B-291056 (GAO Oct. 31, 2002).  To be clear, it did not matter when the bid was received by government servers, nor did it matter that the bid was fully in the control of the government…
    Continue Reading When is an early bid on a federal project deemed late?

    https-28243c0dbf-nxcli-net-wp-content-uploads-2020-04-bmv-full-shot-2-png

    Bidder beware. Interpreting federal law can sometimes feel like solving a riddle. For example, when is an early bid late?
    In the case, In re Sea Box, Inc., the Government Accountability Office (GAO) determined that a bid received by government servers eight minutes before the deadline was late because it did not arrive in the Contract Officer’s inbox until shortly after the deadline.  B-291056 (GAO Oct. 31, 2002). To be clear, it did not matter when the bid was received by government servers, nor did it matter that the bid was fully in the control of the government…
    Continue Reading Caveat Solicitor? Avoid Having Your Early Bid Deemed Late on Federal Projects

    https-www-mcrazlaw-com-wp-content-uploads-2019-05-jfw-1-8may19-819x1024-jpg

    A trust is a fiduciary relationship among the grantor that is the party transferring a property upon the trustee for the benefit of the beneficiary. In some instances, it may be that one person fulfills these various roles but often a trust will list multiple people in each capacity.

    A revocable trust can be amended at any time and offers flexibility during the lifetime of the grantor. An irrevocable trust cannot be modified, amended or terminated; however, certain necessary changes can be made through court proceedings or a process known as decanting.

    Key Differences in Structure

    The grantor of an…
    Continue Reading Key Differences Between Revocable and Irrevocable Trusts

    https-www-mcrazlaw-com-wp-content-uploads-2019-12-image-3-png

    As I write this, COVID-19 vaccines are being distributed nationwide on a limited basis. Once the vaccine is widely available, are you able to force employees to get the vaccine as a condition to keeping their job? The short answer is yes, but.

    The EEOC has ruled that employers may mandate that employees must take the flu vaccine. It is expected to rule the same way for the COVID-19 vaccines. But the caveat is that some employees may not be required to take the vaccine because of sincerely held religious beliefs or because they suffer from a disability.

    Once an…
    Continue Reading May You Require Your Employees to Take the Covid-19 Vaccine?

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

    Family-owned businesses are the backbone of the American economy.  Family-owned businesses account for 64 percent of U.S. gross domestic product, generate 62 percent of the country’s employment, comprise 90 percent of all business enterprises in North America and account for 78 percent of all new job creation.1 Your family-owned business supports your family and is an integral part of the United States economy so, how will you plan for the succession of your business?

    Have you considered which of the following might trigger your retirement: age, an interested and involved younger generation, personal financial benchmark or perhaps a company financial…
    Continue Reading A succession plan for your family-owned business

    https-www-mcrazlaw-com-wp-content-uploads-2019-12-rmw-1-819x1024-jpg
      “Is anyone among you suffering? He should pray…Is anyone among you sick? He should summon the presbyters [priests] of the Church, and they should pray over him and anoint him with oil in the name of the Lord, and the prayer of faith will save the sick person, and the Lord will raise him up.  If he has committed any sins, he will be forgiven.”  (Jas. 5:14-15)

    Often, Catholics forget that one important aspect of an estate plan is to order their affairs according to the mysteries of faith.  Although most people have a Will or Trust, and Powers of…
    Continue Reading Catholic Estate Planning: Directives in Health Care Powers of Attorney