Practice Areas

We provide a wide range of services to individuals and businesses in a variety of industries. We strive to meet each client's specific needs in planning for the future and achieving their goals in an ever-changing financial and regulatory environment.

Our professional services include:

Litigation

Antitrust

Antitrust is defined as: "Legislation to protect trade and commerce from unlawful restraints, price discriminations, price fixing and monopolies."

The term "antitrust" derives from the U.S. statutes which were originally formulated to combat a form of business cartelization that became prominent toward the end of the 19th century. Competing corporations would be effectively combined by pooling a controlling share of the stock of each participating company into a single "voting trust." The great anticompetitive combinations that became the target of progressive legislation in the 1880s and 90s were formally structured as voting trusts, and were commonly, and pejoratively, referred to as the "trusts." Most countries of the Western world have antitrust laws of some form, though more commonly referred to as "competition laws" abroad. For example the European Union has its own competition law.

Our firm has significant experience in this area of the law. See Three Phoenix Co. v. Pace Industries, Inc., 135 Ariz. 113, 659 P2d 1258 (1983).

Boundary Disputes

A boundary dispute is a disagreement over the possession/control of land between two or more entities, or more specifically, the defining border of such land. There is a growing number of property owners who experience some kind of property-related problem with their neighbors (locating the true position of the boundary, overcoming an obstructed right of way, what to do about the neighbor's trees). These are examples of various issues that, unresolved, can lead to a boundary dispute.

Contract Disputes

A Contract Dispute is a written request seeking as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract.

Many contracts provide that all contract disputes must be arbitrated by the parties to the contract, rather than litigated in courts. By law, some contracts, including most securities brokerage contracts, must be arbitrated; other contracts are referred by courts as a matter of local law or policy. Arbitrated judgements are generally enforced and appealed in the same manner as ordinary court judgements; a majority of states have adopted the Uniform Arbitration Act to facilitate the enforcement of arbitrated judgements.

Business Breakups

Dissolution is the process of admitting or removing a partner in a partnership. In the process, a revaluation of the company's assets is conducted to prevent overstating or understating the company's current net value. In addition, there may be other stipulations agreed upon in the company's articles of partnership. If the partnership is located in the United States, then dissolution practices must also follow regulations set forth in the Uniform Partnership Act. The term may also refer to the legal termination of an organization's existence.

Real Property

Real property is a legal term encompassing real estate and ownership interests in real estate. Commonly referred to as "immovable property", it is a type of property differentiated from personal property. Within international jurisdictions, such as those states of the United States where common law is applicable (and not all states are common law states), the term refers to both the land owned by the federal government, land owned by the state, land owned by Indian tribes (where applicable), and the land owned by individuals and companies within that state. This is in contrast to all other property (besides property affixed to the land) in such states which is then deemed to be 'personal' property.

Immovable property can refer to the real estate itself, or to various types of ownership interests in real estate such as "Fee Simple" or "Leasehold" types.

Securities

Securities are a type of transferable interest representing financial value. Traditionally, securities have been categorized into debt and equity securities, and between bearer and registered securities.

The uses that are made of securities have changed over time, both for the issuer and for the holder. Though the purpose of capital raising has sometimes been taken to be a defining characteristic of securities, its uses have expanded greatly in modern times. They are often represented by a certificate. They include shares of corporate stock or mutual funds, bonds issued by corporations or governmental agencies, stock options or other options, other derivatives, limited partnership units, and various other formal "investment instruments." Transferable interest in commodities like oil, food grains or metals can also be referred to as securities.

However, banknotes, checks, and some bills of exchange do not fall into this category. One can enter into contracts to buy or sell various quantities of commodities in various commodity exchanges. These become transferable interest in the particular commodity.

Title Disputes

A title dispute occurs when two parties have a conflict involving the transfer of property, both real and personal, between the parties involved in said transfer.

Office Practice

Commercial Contracts

Commercial contracts are mutual agreements between two or more institutions, usually in written form, that the law can enforce if the agreement is breached. The law provides remedies if a promise is breached or recognizes the performance of a promise as a duty.

Contracts arise when a duty does or may come into existence, because of a promise made by one of the parties. To be legally binding as a contract, a promise must be exchanged for adequate consideration. Adequate consideration is a benefit or detriment which a party receives which reasonably and fairly induces them to make the promise/contract.

For example, promises that are purely gifts are not considered enforceable because the personal satisfaction the grantor of the promise may receive from the act of giving is normally not considered adequate consideration. Certain promises that are not considered contracts may, in limited circumstances, be enforced if one party has relied to his detriment on the assurances of the other party.

Formation of Business Organizations

Certain business organizations are created by filing organizational documents. Foreign organizations may need to qualify with the appropriate state prior to transacting business there.

Many states maintain their own regulations that an organization must comply with to be permitted to conduct business within that state. US Federal law sets forth regulations as well.

Our attorneys represent entrepreneurs in all phases of start-up by providing complete business counsel on organizational structures, agreements, partner relationships, compliance with applicable corporate laws, tax planning and dealings with banks and other financial service providers.

Estate Planning

Estate planning is the process by which an individual or family arranges the transfer of assets in anticipation of death. An estate is the total property, real and personal, owned by an individual prior to distribution through a trust or will. Real property is real estate and personal property includes everything else, for example cars, household items, and bank accounts.

Estate planning distributes the real and personal property to an individual's heirs. An estate plan aims to preserve the maximum amount of wealth possible for the intended beneficiaries and flexibility for the individual prior to death. Wills and trusts are common ways in which individuals dispose of their wealth.

Trusts, unlike wills, have the benefit of avoiding probate, a lengthy and costly legal process that oversees the transfer of assets.

Secured Transactions

Secured transactions in the United States are an important part of the law and economy of the country. By allowing lenders to take a security interest in a debtor's asset, secured transactions provide lenders with greater confidence that they will be repaid. This increased assurance, in turn, allows lenders to lend capital to businesses at interest rates that are lower than the rates those businesses would otherwise be able to obtain. In short, secured transactions help to lower the cost of capital, and so encourage the growth of the economy.

In law, secured transactions are an integral part of the Uniform Commercial Code (UCC). Article 9 of that Code governs secured transactions in all fifty American states. The provisions of Article 9 supply a predictable way of creating and enforcing security interests in movable property and fixtures.

Because of the importance of secured transactions, many lawyers have a great familiarity with the provisions of Article 9. Security interests are particularly valuable in bankruptcy, because those creditors who have security interests in a bankrupt debtor's estate have priority i.e., will get paid before creditors who lack such interests ("unsecured" creditors).