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April 1, 2013
It seems everyone has an opinion on Obamacare, officially the Patient Protection Affordable Care Act. The good, the bad and the ugly have been exposed at the individual patient level. But as the January 1, 2014 implementation date approaches, how will the law affect hospitals, and what ramifications will it have on their patients and communities?
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January 2013
Commercial landlords in California will have two new and unusual mandatory disclosures in 2013. The first disclosure goes into effect on July 1, 2013, and addresses whether a property has been inspected for disability access by a Certified Access Specialist (CASp) — and whether the premises passed. The second disclosure concerns historic energy usage at a leased property, and goes into effect on July 1, 2013 (though this is phased in over 18 months, depending on property size).
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November 29, 2012
It is no secret that over the past several years both commercial and residential property values in Clark County, Nevada have plummeted, and in some places, continue to fall. Recently, values have increased in certain areas of the state and foreclosures have slowed.
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August 20, 2012
In our digital age, more and more business transactions are being conducted electronically. Generally speaking, this makes doing business much easier and more convenient; but in some cases, the very ease with which people can communicate contains hidden—and potentially costly—pitfalls.
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August 17, 2012
Read This Before You Hit Send on that Business Email. Not long ago, it was easier to understand when you had entered into a legally binding contract. The parties negotiated and agreed to terms that were spelled out in a document. The buyer and seller signed the papers and the deal was done.
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July 16, 2012
California has instituted a new and unusual requirement that obligates virtually all commercial landowners to disclose a property’s past energy use to potential buyers, tenants and lenders. Any person or company owning property in California, other than single-family residences and other small-scale properties, will be affected by these new regulations.
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June 2012
Those who are committed to the notable insights of Milton Friedman and the obvious tenets of dining out know there is no such thing as a free lunch. But on April 5, 2012, economists and aphorisms alike were suddenly confronted by a complimentary new law that many entrepreneurs and commentators are calling a “game changer” for raising capital and investing online.
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May 31, 2012
Recent judicial decisions could result in a big increase in guarantor exposure under “bad boy” or “non-recourse carveout” guaranties.
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April 6, 2012
In a rare showing of election year bipartisanship, President Obama recently signed into law the Jumpstart Our Business Startups Act (the JOBS Act). The JOBS Act, which originated in the House and passed by an overwhelming 390-23 vote, also passed the Senate by a 73-26 vote with only one amendment–the Capital Raising Online While Deterring Fraud and Unethical Non-Disclosure Act of 2012 (the CROWDFUND Act)–which strengthened investor protections for crowdfunding offerings and was swiftly adopted by the House.
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January 12, 2012
The deadline to contest property taxes in Washoe County for the 2012-2013 fiscal year is January 17, 2012.
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December 2011
After an historic housing crisis, the Fronteras Desk asked: is it time to reconsider the way we’ve built the Southwest? Now AZPM concludes Beyond Sprawl with a look at the lessons of Tucson's own housing bust.
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October 27, 2011
It is no secret that over the past several years both commercial and residential property values in Clark County, Nevada have plummeted; in some areas, values continue to fall. Despite these decreased property values, property taxes have stayed the same--or in some cases--have increased.
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July 2011
The California legislature has enacted a sweeping overhaul on the filing and enforcement of mechanics’ liens. This change, embodied in SB 189, is meant to simplify statutory provisions surrounding mechanics’ liens -- replacing the complex, sometimes Byzantine rules that currently exist with a simpler set of rules that all professionals and attorneys can understand.
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April 8, 2011
Clean up of 220 acres of land contaminated with chemicals at the Black Mountain Industrial Complex in Henderson will be made easier, thanks to an $81 million settlement connected with the bankruptcy of chemical maker Tronox.
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April 6, 2011
In the 2010 general election, Arizona voters narrowly approved the Arizona Medical Marijuana Act (the “Act”). The Act legalized medical marijuana use by patients suffering from certain “chronic or debilitating” diseases and provided for the sale of marijuana to qualifying patients and caregivers through a limited network of registered nonprofit medical marijuana dispensaries (“dispensaries”).
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January 2011
Lewis and Roca attorney Linda McNulty was a presenter for the State Bar of Arizona, Southern Arizona Real Property Section luncheon on January 20, 2011. She explains and outlines the Construction and Interpretation of Leases in Arizona.
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December 2010
Effective July 29, 2010, Arizona law effectively prohibits charging transfer fees in connection with the sale of real property in the state. Section 33-442 of the Arizona Revised Statutes provides that any provision in “a declaration, covenant or any other document relating to real property” in Arizona is “not binding or enforceable” if it purports to both (a) bind successors in title to the property, and (b) obligate either the transferor or transferee to pay any fee or other charge to a declarant or a third person in connection with the transfer of an interest in the property. The statute goes on to say that a transfer fee provision prohibited by the statute is unenforceable whether or not it is included in a recorded document.
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Fall 2010
Mary Beth Savel explains that a recent decision by the highest court in Arizona has implications for the use of tax revenue sharing as an economic development tool.
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August 2010
The "New Normal" is the latest catch phrase in economic circles. In Arizona's development market, the New Normal manifests itself in the inability or unwillingness of lenders to finance debt in the amounts, at the interest rates, within the time frames, and with the security and other conditions that previously fueled the development boom in the Southwest. The July 2010 ULI program examined how the New Normal has and will affect our ability to pay for public infrastructure.
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August 2010
In February 2010, Lewis and Roca issued a Client Alert discussing the Arizona Court of Appeals' decision Kadlec v. Dorsey, 223 Ariz. 330, 223 P.3d 674 (App. 2009). In Kadlec, neighboring landowners filed an action against Daniel and Sherri Dorsey to enforce an easement burdening the Dorseys’ property after the Dorseys placed a gate across the easement. A deed in the Dorseys’ chain of title stated that the property was “subject to an undefined easement as shown” on a 1994 survey map. The survey map was attached to and recorded with the deed and described the easement as an “Existing Graded Road.” No language in the deed or the survey map suggested the road was open to the public.
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