Ryley Carlock & Applewhite Publications

Latest from Ryley Carlock & Applewhite Publications

Ryley Carlock & Applewhite Shareholder Mike Moberly’s article, “Must a Friend Indeed Reveal a Friend’s Misdeed? Exploring the Merits of a Friendship Privilege,” was published in the Fall 2020 issue of St. Mary’s Law Journal. The article, which can be accessed here, discusses the potential recognition of a testimonial privilege protecting confidential communications between friends. Although there has been no legislative or judicial recognition of such a privilege to date, Mike draws on prior scholarly authority to conclude that recognition of a friendship privilege analogous to the marital communications privilege and other gradually emerging family privileges may be warranted,…
By Michael Ripp, Kevin Heaphy and Daniel Herder, Attorneys for Ryley Carlock & Applewhite In the fifth appeal of Helvetica Servicing Inc. v. Michael S. Pasquan, the Arizona Supreme Court was asked to determine whether a loan used to pay off a purchase money loan and “renovate/expand the Property” qualifies as a purchase money obligation. Generally under Arizona’s anti-deficiency statutes (A.R.S. § 33-814; §33-729(A)), a creditor cannot recover a judgment for the deficiency balance of purchase money loans (i.e. loans used to purchase a home), which include loans for the construction of new homes. By contrast, “home improvement loans” are…
Phoenix – Ryley Carlock & Applewhite is pleased to announce that 10 attorneys have been ‎recognized in the 2021 edition of Best Lawyers. Additionally, Shareholders James E. Brophy and William F. Wilder received the “Lawyer of the Year” distinction in the areas of Banking and Finance Law and Public Finance Law, respectively. The attorneys recognized in Phoenix include: James E. Brophy (Banking and Finance Law; Corporate Law; Employee Benefits (ERISA) Law; Litigation – Labor and Employment) John J. Fries (Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation – Bankruptcy) Clarke H. Greger (Commercial Litigation) John C. Lemaster (Commercial Litigation)…
On May 7, the EEOC issued guidance to help employers deal with employees with medical conditions that could put them at increased risk of Covid-19. The guidance clarifies that employers may not exclude an employee from the workplace solely because the employee has a disability that puts the employee at higher risk for severe illness if the employee gets Covid-19, but should instead be prepared to analyze potential reasonable accommodations. If an employer is aware that an employee has a condition that may jeopardize the employee’s health upon returning to the workplace, an employer may analyze whether the individual’s disability…
By Susan D. Brienza. Ph.D., Esq., Ryley Carlock & Applewhite Introduction While many Americans have used the COVID-19 pandemic as an opportunity to come together, some unscrupulous businesses have sought to turn pandemonium into profit. As of today, no prevention, remedy, or vaccine is known to exist for COVID-19. Therefore, any coronavirus-related “treatment” or other medical products and claims are not substantiated by competent and reliable scientific evidence. Moreover, any future COVID-19 drugs must be first approved by the Food and Drug Administration (FDA). In an attempt to prevent deception and fraud during these confusing and stressful times, the FDA,…
On April 23, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued guidance on testing employees for COVID-19. The pandemic is ongoing and no one knows exactly when it will end, but the EEOC guidance will help employers navigate some challenges as employees return to work during the COVID-19 pandemic. Previously issued guidance by EEOC stated that Covid-19 was a “direct threat” to the health of others under the Americans with Disabilities Act (“ADA”). In light of that, the new EEOC guidance allows an employer to administer a COVID-19 test before permitting employees to enter the workplace if that test…
Phoenix – Ryley Carlock & Applewhite is pleased to announce that three practices and five attorneys have been ‎recognized in the 2020 edition of Chambers USA. The recognized practice areas in Arizona are:‎ Environment (including water rights)‎‎ Labor & Employment Real Estate The five attorneys in Arizona named as Leaders in their Field are: Jessica Benford Powell (Corporate/M&A) Michael D. Moberly (Labor & Employment) Nathan R. Niemuth (Labor & Employment) Michael P. Ripp (Real Estate) Sheryl A. Sweeney (Environment: Water Rights) About Chambers and Partners Chambers and Partners, based in London, began as general book publishers in 1969. Since 1990,…
The recently passed Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. On April 1, 2020, the U.S. Department of Labor (“DOL”) provided further guidance for employers subject to the FFCRA with new temporary regulations. The regulations provided much-needed clarity concerning the emergency paid sick leave and expanded FMLA leave provisions of the FFCRA. Under the FFCRA, employees are eligible to take two weeks of paid leave if they: (1) are subject to a Federal, State, or local quarantine…
Ryley Carlock & Applewhite is pleased to announce that five of the firm’s Phoenix-based attorneys have been listed in the 2020 edition of Southwest Super Lawyers. The Phoenix attorneys named in the 2020 edition of Southwest Super Lawyers include: John J. Fries John C. Lemaster Michael D. Moberly Michael P. Ripp About Super Lawyers Only up to 5 percent of attorneys in a state are named as Super Lawyers. Selecting these attorneys involves an in-depth, measurable process. Peer nominations by seasoned attorneys followed by detailed evaluations are matched against third-party research. Each candidate is evaluated on 12 indicators of peer…
By Jessica Benford Powell and Daniel S. Herder, Attorneys with Ryley Carlock & Applewhite The SEC Division of Corporation Finance (the “Division”) recently issued guidance to highlight some of the COVID-19 pandemic-related considerations companies need to bear in mind as they prepare their corporate disclosures. The guidance included three main topics: (1) disclosing the ways COVID-19 may affect the company, both now and in the future; (2) refraining from trading on material, non-public information about the company until that information is publicly disclosed; and (3) reporting company financial information when GAAP financial measures are unavailable. The guidance emphasizes that health…
PHOENIX – We are pleased to announce that Ryley Carlock & Applewhite attorney Michael D. Moberly has been named to the 2020 AzBusiness Magazine’s “Top 100 Lawyers in Arizona.” Mike has been an attorney with Ryley Carlock & Applewhite since graduating from law school in 1983 and was elected a shareholder in 1989. He currently serves as Practice Group Leader for the firm’s Labor and Employment practice group and has previously served as Chairman of the firm’s Executive Committee. Mike exclusively represents management in civil rights and employment-related litigation at both the trial and appellate levels, in the arbitration of…
By Jason L. Cassidy and Daniel S. Herder, Attorneys at Ryley Carlock & Applewhite Businesses and people alike each have recurring routine tasks they need to perform to stay in good shape. Every year we prepare corporate filings, undergo our necessary medical examinations, and file our taxes.1 And starting in December 2019, companies began adding a new task to this checklist: renewing their DMCA Agent registration. Is your company prepared? The DMCA can protect your website from its users’ copyright infringement. Anyone with a website that allows users to post content to the site, even in a simple comment section,…
By Kevin Heaphy, Shareholder at Ryley Carlock & Applewhite Last week, the Arizona House of Representatives proposed HB 2729, a new privacy law. HB 2729 is more narrow than the California Consumer Privacy Act (CCPA) in several ways, and has a few kinks to be ironed out. However, it shows that Arizona, like many states, has an interest in passing privacy legislation in 2020. Let’s take a closer look at HB 2729. Who would HB 2729 apply to? HB 2729 primarily regulates “controllers” and “processors” of personal data. “Controllers” are defined as entities that individually, or with others, “determines the…
Denver Shareholder Jim Sanderson is the incoming Chairman of the Colorado Mining Association. In that capacity, he was interviewed by a reporter with Scripps Television Station ABC Channel 7 in Denver for a story focused on the Trump Administration’s proposed revisions to regulations to simplify the President’s Council on Environmental Quality requirements for preparation of Environmental Impact Statements under the National Environmental Policy Act (NEPA). Jim worked in the U.S. Senate staff as a Legislative Assistant and at the EPA during the early days of implementation of NEPA and is viewed as an expert in the field. Jim has served…