The Deneau Law Firm
Call Today 480-306-5977
Your Business Law Hub | TM

Tempe Arizona Business Law Blog

Business fraud nets former basketball star prison time

A former National Basketball Association All-Star has gone from the ball court to the clink after being sentenced to more than 2 years in jail for fraud.

The Arizona prosecutor accepted the former ball player's guilty plea for running "fraudulent schemes and artifices."

Is there any wisdom in buying a commercial foreclosure?

Figuring out how to buy a commercial property in foreclosure and make money of it seems like one of those mysteries that require a password and a secret handshake in order to solve. You know people do it -- you just don't know how they do it.

In some respects, buying a commercial property in foreclosure is like buying any other piece of property -- it's just that you're dealing with a bank instead of a person on the other side of the negotiation table.

Arizona condo owners win legal fight over assessments

When you own a condo, you expect to pay home owner association fees. It sort of goes with the territory.

However, you don't expect to get a bill in the mail for $18,000 telling you that it's your share for the condo's air conditioning repair and asking you to pay up right away.

Arizona cuts deal to stop mass disability-related lawsuits

Arizona's Attorney General and a disability advocacy group have come to an agreement ending a mass of lawsuit filed lately against businesses for being noncompliant with handicap accommodations.

A lot of small businesses are probably feeling a sense of major relief in the wake of this deal. It puts an end to over 1,700 cases of alleged disability discrimination and failure to accommodate filed by a single advocacy group and prevents the group from filing new ones.

Business law advice: Take employee wage garnishments seriously

Most business owners fear the prospect of employee wage garnishments. For the uninitiated, it seems like a very complicated process that will rob you of the time and energy you need to operate your business. Unfortunately, many employees face wage garnishment, which means that employers do as well.

In our business law practice, we have observed several different perspectives about the prospect of employee wage garnishments. Some employers panic and worry that their business is about to be ruined. Some feel that is it not their problem, so they choose to ignore the order. Others think they can make the issue go away by firing the employee.

Understanding the government's use of eminent domain

Eminent domain is the process by which the government in Arizona and elsewhere can take over a person's real estate. The property must only be taken for public use and the property owner must be compensated accordingly. Eminent domain typically occurs when a government is planning to improve or expand public utilities or roadways and needs parcels of real estate to complete their projects.

After the government has determined how much it thinks a piece of property is worth, it will offer compensation to the landowner. At this point, the owner can either agree to the price or reject the offer. Upon a rejection, the matter will likely become more complicated as it moves into what is called condemnation proceedings.

Prevent Disputes By Creating A Partnership Agreement

Forming a business partnership instead of a sole proprietorship can have many benefits, including sharing the workload and the responsibilities of the business. But sharing a business with someone can also bring challenges, especially if roles, responsibilities and liabilities are not made clear from the start. To prevent such disagreements from derailing your business venture, it's important to create a partnership agreement. These agreements create clarity and provide a framework for the partners in a business, and can help to ward off conflicts before they arise.

Who does what?

What are some pros and cons of forming a joint venture?

As with most endeavors that involve business law, a joint venture comes with an array of risks and rewards. Doing your due diligence in investigating the pros and cons of such an arrangement is definitely a good idea. This is especially important if you are new to the business world or have never entered into a business partnership before.

For those in Arizona who do not know, a joint venture is a business alliance or partnership between two or more entities. Coming together on a business venture allows all involved to pool their abilities and their resources in the hopes of being more successful than they would be on their own.

Will creating an employee handbook protect my business?

Almost all businesses today provide staff members with an employee handbook. This brings many benefits to employees and employers alike, and yes, legal protection is just one of these benefits. However, an employee handbook is only as good as its language and contents. A poorly drafted book or one that does not take business law or proper legal language into consideration will fail to protect you and your business when it really matters.

Giving your employees a handbook offers you an excellent opportunity to explain how your business functions. As for legal protection, it is also the ideal platform to establish the working relationship between you and your staff. Below are a few handbook inclusions that will offer you protection under business law.

  • Clear instructions about what you expect from your employees
  • Detailed information about your staff's employee rights
  • Thorough descriptions of pay periods and work hours
  • Details about workplace policies such as family leave, jury duty, etc
  • Information about how your organization complies with federal and state labor and business law
  • Instructions informing employees where to turn if they require help related to their jobs

Real estate: Dealing with your landlord if a dispute occurs

It is safe to say that most commercial tenants and landlords are professionals who share a mutual interest in fostering a good relationship. Despite this, misunderstandings can arise or one party can make a simple mistake that may or may not violate the rights of the other party. While either party in a commercial real estate contract can be on the negative end of a dispute, this post will focus on the tenant who feels he or she has been wronged in some way.

Unless a tenant has already been involved in a real estate dispute, he or she may not know the best way to deal with the landlord while seeking a resolution. This is where an attorney can be of great value. For example, a lawyer will listen to the tenant's side of the dispute very carefully and use the facts of the case to suggest a course of action. This course of action will also contain advice on how to handle the landlord going forward.

The Deneau Law Firm, PLLC | 401 W. Baseline Rd., Suite 207 | Tempe, Arizona 85283 | Phone: 480-306-5977 | Map & Directions