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Tempe Arizona Business Law Blog

Should a small business obtain a federal trademark?

You developed a brilliant brand name – something that will distinguish your business from the entire market. Now you have a choice. Do you focus on growing your business first, or do you dedicate time to turn your brand name into a federal trademark?

The answer won’t be the same for every entrepreneur. You have to evaluate the needs of your company and if a trademark is necessary for the business plan. Weighing the advantages and disadvantages of a trademark may save you time and money in the long term.

Is Arizona headed for another real estate bust?

The real estate market in Arizona and in much of the country is still running strong -- but how long can it last?

Experts are generally starting to urge caution because the signs are all there that another real estate bubble is starting -- and, eventually, bubbles always burst.

State lawmakers consider how much training hairstylists need

Most people who aren't in the hairstyling business don't realize how much training and licensing is required to be able to work in an Arizona salon. Currently, a person must have 1,600 hours of training to obtain a cosmetology license.

One state senator who believes that if someone is content to "dry, style, arrange, dress, curl, hot iron or shampoo and condition hair" shouldn't need that level of training. Therefore, she proposed legislation that would ease requirements for those stylists.

Avoiding adverse possession in Arizona

Adverse possession is a process where someone can acquire ownership over another person's property -- like a home or a piece of land -- simply by taking control of it and occupying it or using it for a prescribed period of time.

In Arizona, that can be done in as little as two years.

Construction defects: The warning signs of foundation problems

Could a major construction defect be right beneath your feet?

There are a lot of different types of construction defects that can cause a problem with your property. Leaks may reveal a plumbing problem. Lights or appliances that don't turn on may signal an issue with the building's electric wiring. Doorways and stairs may be incorrectly aligned.

What to do when your business partnership is falling apart

When you started your business with your partner long ago, you probably pictured your partnership going on forever. What happens when "happily ever after" with your business partner isn't in the cards?

If serious cracks in your relationship have occurred, it's time to take action. Here are the things you need to do:

Know when to amend your LLC's articles of organization

If you own and operate a limited liability company, it's important to understand when Arizona law requires you to amend your articles of organization.

Under the law, you have 30 days to amend your articles of organization whenever the following things occur:

  1. Any statement contained in your current articles of organization becomes inaccurate (with the exception of a change of address of the company's place of business, a change in the names or addresses of its members or a change in the name or address of its statutory agent).
  2. A member-managed company has a change in members (such as what might happen if, for example, a medical practice adds a new physician-partner or an existing member retires).
  3. A manger-managed company has a change of managers (such as when an old manager retires or moves to another position or a new manager is hired on).
  4. Any individual or entity acquires 20 percent or more of the capital or profits of the company (for example, an owner who previously held 10 percent of the company buys out another owner and acquires a total of 20 percent ownership).
  5. Any individual or entity ceases to own a 20 percent share of the company's capital or profits (such as when an owner decides to sell his or her shares or grants them to his or her heirs).

How to dissolve a business partnership

A business partnership is not unlike a marriage - the partners are emotionally connected and bound together legally. Ending a business partnership is the equivalent of a divorce and can be as easy or difficult as the end of a marriage.

While the steps are similar, there are different paths involved in dissolving a partnership and limited partnership as opposed to dissolving a corporation.

What needs to go into a 'terms of service' agreement?

Most freelancers -- of any profession -- learn the hard way that they have to spell out the limits on any agreement with their clients. A terms of service agreement is the easiest way to set expectations -- and limitations -- with your customers.

However, crafting a good agreement takes considerable care and effort. Here are some essentials you need to have in any terms of service agreement in order for it to be effective:

Arizona State University is sued over real estate projects

Land owned by the Arizona State University, like many other institutions of higher learning, enjoys an exemption from property taxes. That makes landing a spot to develop on university-owned property a prime deal for investors.

The attorney general of Arizona would like to change that. In fact, he says that what the University is doing is actually illegal. Allowing it to continue is like allowing the University to "rent" its tax-exempt status to whatever businesses it favors.

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