FCLAW 07/28/14


July 28, 2014 An overview of Fennemore Craig's marketing and business development initiatives in 2014 to date. This profile incorporates news highlights, firm and attorney recognitions as well as successful representation of matters addressing the firm's diverse legal landscape.
In the News
Glass Action: Google Glass Chronicles Personal Injury Struggles The Wall Street Journal reports how the attorneys Mark Lamber and James Goodnow at the law firm Fennemore Craig is having clients wearing Google Glass to chronicle their personal injury struggles, generating evidence that can bolster their legal claims. Learn More
John Balitis co-authored an article in "Ask The Experts" for the Arizona Business Gazette on March 13, 2014 regarding an employer's responsibility to provide a safe working environment. Learn More
Cathy Reece and Anthony Austin from the Phoenix office of Fennemore Craig write in the Journal of Corporate Renewal about how important it is to file early in Chapter 9 Bankruptcy cases. Learn More
The Las Vegas Review Journal reported on Fennemore Craig Jones Vargas launching a new practice focusing on legal issues related to the development and commercial use of drones. Learn More
Nevada Lawyer Magazine has Fennemore Craig Jones Vargas attorneys discuss how smart phones have changed the way business is done. That companies need to be smart about smart phones to protect trade secrets. Learn More
Cases
Fennemore Craig won a significant appeal victory recently with a published opinion that is likely to be widely cited on the extent of the attorney client privilege for trustees. The Court of Appeals reversed a trial court order requiring our client to produce attorney-client communications. The standard the Court adopted is nuanced, but given the Trust Code, the Restatement, and the case law from other jurisdictions, this is a good, workable result and the client is very happy with it. Anyone who has a trustee for a client should take a look at the opinion and think carefully about how communications should be structured. I'm happy to discuss it with anyone who has questions. This case concerns the scope of a trustee's attorney-client privilege as against a beneficiary and a successor trustee. The trial court concluded that because the trustee had sought legal advice from trust counsel using trust funds, the trustee could not withhold any of its attorney-client communications from the beneficiary or the successor trustee. We adopt the fiduciary exception to the attorney-client privilege and hold that disclosure to the beneficiary and successor trustee of otherwise privileged communications is required insofar as the trustee seeks legal advice in its fiduciary capacity on matters of trust administration. We further hold that the attorney-client privilege extends to legal advice sought in the trustee's personal capacity on matters not of trust administration. For the reasons stated below, we reverse and remand for further proceedings consistent with this opinion. Learn More
John Balitis and Carrie Pixler-Ryerson represented their client in connection with a breach of contract dispute. Our client was owed a significant amount of trailing commissions following his transition to a new position. They refused to pay our client the commissions and, in fact, had rarely paid trailing commissions to any financial advisor in the past.
In Arizona, government condemnation begins with an "immediate possession hearing", where the property is awarded to the government, pending a jury trial over the damages. At the immediate possession hearing in our client's case, the Flood Control District argued our client's damages were at most $270,000. Our client testified the damages were $2,247,000. When the Court sided with our client and ordered the District to post cash bond in the full amount of $2,247,000. The Board of Supervisors approved settlement of the action, reducing the original condemnation from the full fee interest in the property being taken to an easement (which helps the rest of the client's property to develop) and awarding $2,737,000 in damages.
Legal Recognition
Super Lawyers Fennemore Craig Jones Vargas Las Vegas Attorneys Recognized as 2014 Mountain States Super Lawyers and Rising Stars: Learn More Fennemore Craig Jones Vargas Reno Attorneys Recognized as 2014 Mountain States Super Lawyers and Rising Stars: Learn More Fennemore Craig Attorneys Recognized as 2014 Colorado Super Lawyers® and Colorado Rising Stars: Learn More Fennemore Craig announced forty-two attorneys have been named as 2014 Southwest Super Lawyers for Arizona. In addition, eighteen attorneys have been recognized as 2014 Southwest Rising Stars. This reflects a 13% increase from 2013. Super Lawyers recognized Fennemore Craig 2014 Colorado Super Lawyers in March and will recognize Fennemore Craig Mountain State Super Lawyers for Nevada in June. Learn More
Chambers Fennemore Craig Receives Top Recognition from Chambers USA 2014: Learn More Fennemore Craig Jones Vargas Receives Top Recognition from Chambers USA 2014: Learn More
Press Releases
Lori Higuera has been appointed by The Supreme Court of Arizona as an At-Large Member of the Board of Governors of the State Bar of Arizona. She will serve a three-year term beginning July 1, 2014. Learn More
Todd S. Kartchner, a Director in the firm's Phoenix office, has been appointed to the Arizona Commission on Appellate Court Appointments by Arizona Governor Jan Brewer. Kartchner is one of five attorney members appointed to the Commission on Appellate Court Appointments. Learn More
Sherry J. Downer, a Director in the firm's Tucson office, has been appointed to the Pima County Commission on Trial Court Appointments by Arizona Governor Jan Brewer. Downer is one of five attorney members who serve on the Pima County Trial Court Appointments Commission.
Seth Schuknecht, has been appointed to the Aerospace and Defense Commission by Arizona Governor Jan Brewer. Schuknecht is one of 9 Commission members from the private sector appointed to the commission. Learn More
Cathy Reece has been elected to the Board of Trustees for the International Turnaround Management Association, the only international nonprofit association dedicated to corporate renewal and turnaround management. Learn More
Cathy Reece Selected as The M&A Advisor's 2014 Legal Advisor of the Year: Cathy Reece has been selected as The M&A Advisor's 2014 Legal Advisor of the Year. She will be presented with the award at the Annual M&A Advisor Turnaround and Distressed Investing Summit on March 11, 2014. Learn More
Barbara H. Glogiewicz, named a Denver 2014 "Lawyer of the Year" for Medical Malpractice Law – Defendant by Best Lawyers®. This award was announced in the Best Lawyers' March 28, 2014 3rd annual edition, which was distributed as an insert to the Denver subscribers of The Denver Post and The Wall Street Journal. The "Lawyer of the Year" award is presented annually to a single outstanding lawyer in each practice area and designated metropolitan area. Learn More
Ann Morgan, a director in the firm's Reno office, has been elected for a second term to the Nevada Bar Association's Board of Governors. The State Bar of Nevada Board of Governors is comprised of 15 member representing the four state districts, governors are selected by the members of their districts to serve two-year terms. Learn More
Neal Kurn, a shareholder in the Phoenix office, is the recipient of the 2014 Walter E. Craig Distinguished Service Award for his commitment and dedication to the field of law and service to the public presented by the Arizona Foundation for Legal Services and Education. He was honored at the State Bar of Arizona annual convention and awards luncheon on June 12, 2014 in Tucson, Arizona. Learn More
Susan Wissink, a shareholder in the firm's Phoenix office, has been elected as a Fellow of the American Bar Foundation. Learn More
Seminars/Events
Nonprofit Seminar on the Protection of Information On May 20th Laura Lo Bianco and Sherry Downer presented a program to assist nonprofits in determining what information must be made public, or disclosed to members and directors, or kept confidential. They also provided information to assist protecting confidential information and intellectual property, including through the use of restrictive covenants and confidentiality agreements and new Arizona Court of Appeals guidance on this topic. They also will present the following seminars September 17, 2014 Activities that Jeopardize Tax-Exemption The challenge for many organizations is remaining compliant with the many rules and regulations impacting tax-exempt organizations. This program will provide leaders with guidelines regarding lobbying, political campaign intervention activities, and unrelated business activities. We will also guide you through disciplining employees for social media conduct and drafting workplace policies without running afoul of the protected concerted activity provisions in the National Labor Relations Act. October 7, 2014 Executive Compensation and Employee Matters A challenge for many organizations in today's competitive world is attracting and retaining qualified employees with compensation and benefit packages comparable to the private sector or governmental employers. This seminar will provide helpful information, so you can secure the right talent while following guidelines applicable to tax exempt entities. We will also guide you through current employment law compliance issues, including worker misclassification (employee vs. independent contractor and exempt vs. non-exempt), GINA claims, and the EEOC's new publication on religious garb and grooming in the workplace.
Clean Water Act Jurisdiction Roundtable On April 11th and May 20th our Environmental and Natural Resources Practices held a roundtable to discuss the proposed rule on Clean Water Act Jurisdiction and understanding its implications. On April 21, the EPA and the Army Corps of Engineers proposed a rule that will dramatically expand jurisdiction under the Clean Water Act. The ramifications of the proposed rule, if adopted, are enormous for business. The presentation will explain the proposal and its implications for Clean Water Act permitting.
The Immigration and Labor and Employment practices presented a seminar entitled "Preparing fo H-1B Season: Are you Ready to File?" Jared Leung and Matt Martinez explained the H-1B petition process and visa lottery; who can pay the fees; tips to avoid common mistakes; OPT CapGap eligibility and does the potential hire and the job qualify for H-1B status.
Nonprofit Disclosures Ms. Muscheid provided information about the disclosures required by Assembly Bill 60 to be included in the nonprofits' solicitations beginning January 1, 2014. Nonprofits will need to update their websites, Facebook pages, and other electronic solicitation sites, as well as incorporate changes to their written solicitation materials. Additionally, nonprofits will need to provide their staff and volunteers with the required disclosure information for all verbal solicitations. AB 60 also requires specific reporting to the Secretary of State, which authorizes penalties for noncompliance regarding disclosure and reporting obligations, and permits the Secretary of State to promote information provided by nonprofit corporations soliciting funds in Nevada. Regulations and Nevada Secretary of State forms implementing AB 60 are in the process of final adoption, so all materials will be compliant.