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Latest from Udall Shumway Blog

New Mandatory Reporting Requirements for LLC’s and Corporations Udall Shumway represents Limited Liability Companies and Corporations in their formation, as statutory agents, and in tax, business, and litigation matters. We want to let our clients and other businesses know about new federal reporting requirements that take effect on January 1, 2022. In 2020, Congress passed, and President Trump signed the “Corporate Transparency Act” (the “CTA”). The purpose of the Act is to prevent money laundering and other illegal activity by small companies.  Usually, the federal government excludes small businesses from laws because of the burden on them.  The CTA does…
Happy Labor Day and Legal Update for Our Valued Clients: Mandatory Reporting Requirements for Limited Liability Companies and Corporations The attorneys and staff at Udall Shumway PLC wish you a happy and safe Labor Day Holiday. Udall Shumway celebrates the American work ethic in all its forms, keeping our nation and local communities prosperous and growing. In Arizona, that is literally true, with the hard work of laborers, business owners, farmers, engineers, designers, and caregivers of all kinds – the list is as broad as our vibrant economy — making Maricopa County one of the fastest-growing areas in the nation.…
Bike Accidents and Insurance Coverage WILL INSURANCE COVER YOUR BICYCLE ACCIDENT? Most people already know that if a car crashes into you while you’re on your bike, the at-fault driver’s insurance should cover your injuries. But what about when the at-fault driver doesn’t have insurance?  Or the at-fault driver flees the scene of the accident?  Many cyclists don’t realize that their personal auto policies often cover these types of crashes—and may even cover a “miss and run” accident where a driver runs a cyclist off the road.  This article will educate cyclists on what rights they have when the at-fault…
Know Your Rights Regarding Arizona’s Zero-Tolerance Policy The base DUI is a Blood Alcohol Content (BAC) of 0.08 percent. Arizona is a zero-tolerance state that charges any driver who is even “slightly impaired” despite a BAC less than 0.08 (“impaired to the slightest degree”). “Extreme DUI” requires at least a BAC of 0.15 and “Super Extreme” requires a BAC of 0.20. The legislature has sent a message to drivers, imposing class 1 highest misdemeanor status for all DUI charges. For first-time offenders in the Valley, a “Base DUI“ requires one day in jail, but after the check-in, in our experience,…
HOW DO I KNOW IF I’M GETTING A GOOD PERSONAL INJURY ATTORNEY? If you are injured in an auto accident, a product defect, a medical incident or any number of situations that can cause harm, you will need an attorney to bring a claim.  So how are you to find one that you can trust to achieve good results for you? The airways, television, and highway billboards are filled with ads by lawyers, all touting themselves as experienced champions of justice.  But many competent lawyers don’t spend their money or time advertising at all; advertising can deplete the lawyer of…
Managing and Exceeding Clients’ Expectations I received a lot of great advice from wise mentors as a young lawyer. For example, case selection is key, they said, “you do not regret the case you let walk out the door.  You regret the case you took that you should have let walk out the door.”  And perhaps most importantly:  communicate, communicate, communicate with your client.  Communicating with your client is an idea that can be broken down into many subparts. This article will focus on one subpart, using communication to manage and hopefully exceed a client’s expectation. In my experience, managing…
Admission of Evidence of Prior Criminal Convictions Is Very Limited in Arizona Injury/Wrongful Death Claims When an injured person makes a personal injury or wrongful death claim against the at-fault individual or business, the defendants will often try to attack the credibility of the injured person by attempting to admit evidence of the person’s prior criminal convictions.  However, Arizona Rules of Evidence severely limit admission of this type of evidence and, with the right legal help, such evidence can often be excluded or limited. Arizona Evidence Rule 609 – Limited Admission of Prior Criminal Convictions Rule 609 of the Arizona…
There are many types of products that can cause harm to consumers and create liability on the part of a manufacturer.  A “defective product” is a term applied to a product that is designed or manufactured in a way that is unsafe for a particular use.  Motor vehicles and their component parts, such as brakes, tires, etc. may fail.  Or the vehicle may fail to protect the occupants, referred to as  “crashworthiness” defects.  Ever since the iconic Ford Pinto cases, in which the placement of the gas tank led to fire in a collision, the automotive industry has been more…
As we approach hiring season for the 2021-2022 school year, you may consider hiring foreign nationals to teach in your schools. While it’s a common practice, there are potential pitfalls to avoid.   If an applicant states or requests visa sponsorship, we recommend you evaluate their current visa status before making an offer of employment. Evaluating their status requires reviewing their visa history and their current status to determine if the employer can sponsor their visa and whether it is a good business decision. At times, the visa holder may be almost out of H-1B visa time (because there is…
If you are injured in an accident and you are prevented from working, you can get compensation for lost earnings. This usually requires you to present your claim with detailed evidence. When a personal injury includes serious harm and extensive medical treatment, it’s not uncommon for a claimant to temporarily or permanently lose the ability to return to work. When an injured person cannot work either because of physical limitations or emotional trauma, their lost earnings are a component of compensable personal injury damages. The injured person’s earnings must be proven by a preponderance of the evidence if the case…
An owner of a business in Arizona is required to use reasonable care to protect its customers from unreasonably dangerous conditions of which the owner has notice.  (Revised Arizona Jury Instructions (Civil), 6th, Premises Liability 1).  When the business owner fails to take reasonable precautions to avoid dangerous conditions, the business owner can be held responsible for injuries suffered by customers.  These “premises liability” injury cases can arise out of the following common situations: Slippery or wet surfaces Snow and ice on steps Parking lot tripping hazards Uneven surfaces Building code violations during the construction or design of the building…
If you are injured in an accident and you are prevented from working, you can get compensation for lost earnings. This usually requires you to present your claim with detailed evidence. When a personal injury includes serious harm and extensive medical treatment, it’s not uncommon for a claimant to temporarily or permanently lose the ability to return to work. When an injured person cannot work either because of physical limitations or emotional trauma, their lost earnings are a component of compensable personal injury damages. If no personal injury is reached, the injured person’s earnings must be proven by a preponderance…
For many families, the necessity of placing a loved one in a nursing home can be a fraught decision. Feelings of guilt are not uncommon, as well as concern for their well-being – especially now, during the coronavirus pandemic. Visits during the Pandemic There have been many news stories about COVID-19 being spread through nursing and other long-term care facilities. Fortunately, most facilities have gotten such outbreaks under control, and have strict quarantine procedures in place to minimize the chance of infection for residents. Unfortunately, because of the ongoing pandemic there are currently limits on visiting nursing home residents in…
There are many situations in which injury or wrongful deaths occur at work or at home.  This brief article focuses on how a lawyer analyzes fault on the part of the manufacturer or contractor in accident scenarios.  Many consumer or industrial products and settings can be dangerous, not due to fault of the consumer operator, but for lack of accident prevention in the design or planning of the product or operation.  These principles of accident prevention apply where there is potential exposure of the consumer or worker to hazardous conditions or features of a product or operation. A list of…
There are many situations in which injury or wrongful deaths occur at work or at home.  This brief article focuses on how a lawyer analyzes fault on the part of the manufacturer or contractor in accident scenarios.  Many consumer or industrial products and settings can be dangerous, not due to fault of the consumer operator, but for lack of accident prevention in the design or planning of the product or operation.  These principles of accident prevention apply where there is potential exposure of the consumer or worker to hazardous conditions or features of a product or operation. A list of…
That firm must be a good one if they’re on a billboard, right?  That depends.  Billboard attorneys and firms are usually volume-based and are what some legal commentators refer to as “settlement mills.”  This article will give an overview of these volume-based firms. A volume-based firm needs hundreds or thousands of cases to come through their door every month.  They will rarely turn down a case and they settle cases as soon as possible.  Unfortunately, this sometimes means asking their clients to settle for less to speed up the process.  The reason for this is the economics of running a…