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The Next Shoe to Drop

Posted on April 8, 2009 in Arizona Law Regarding Business and Real Estate

In 1988, one of my first legal projects was to get a bank from Colorado off the back of a local developer who had built a shopping center. It turns out the bank was fearful that Arizona was about to enter a bad season in commercial real estate, the only problem was the developer was really not in default. The judge slammed the bank & by the time we cut a settlement deal with them, the market had really corrected. They should have waited and played fair. Declaring bogus defaults hurt them.

Now, the next shoe is about to drop because of commercial loan resets. Commercial landlords continue to lose office & retail tenants at an accelerating pace, indicating that the industry’s troubles are worsening.

The amount of occupied space in U.S. shopping centers and malls declined a net 8.7 million square feet in the first quarter of 2009, according to real-estate-research company Reis Inc. The amount of occupied space lost in that one quarter was more than the total amount of space retailers gave back to landlords in all of 2008 and any other year in recent history, according to Reis. It makes 1988 look like a cake walk. If you need help dealing with the ever changing real estate market give the Scottsdale law firm of William A. Miller a call at 602-319-6899.

Sandals to Sandals in 3 Generations

Posted on March 16, 2009 in Arizona Law Regarding Business Disputes

As a real estate lawyer working in Paradise Valley and Scottsdale for over 20 years, I have seen scores of families ship-wrecked by money. ‘Around the world, inherited wealth is hard to preserve, says an article from Intelligent Life, a quarterly published by one of my favorite journals  The Economist:

Families that preserve their wealth over the generations are rare. The fact that the first generation makes it, the second husbands it and the third blows it is so widespread that it reflects reality. Some say, “clogs to clogs in three generations”—a northern English saying—has its equivalent in many other languages: Erwerben, Vererben, Verderben (earn it, bequeath it, burn it) in Germany; “from the stables to the stars and back in three generations” in Italy; and my favorite “from sandals to sandals in three generations” in China. 

I once had a Trust fund client show up to Court in a $2,500.00 double breasted Italian blazer with white pressed Armani pants and I am not kidding- sandals. I could hear his grandfather roll over in his grave. 

We have significant real world experience at the real estate and commercial law at the Firm of William A. Miller in Scottsdale, Arizona. We also have been helping families set up Estate plans to minimize the above sandals problem for the last 15 years. Give us a call at 480-948-3095 to see if we can help. If nothing else, make your kids work. That will solve 95% of the sandal problem.

Money is Green

Posted on March 2, 2009 in Arizona Law Regarding Business and Real Estate

Why are all the con men now “going green”? Pretty simple. These are the same type of idiots and narcissistic jerks who polluted our rivers in the 1940-50’s. It is where the money is. It is easy money because there are no rules. It is a brand new industry and language and the best B.S. gets the contract and hustles the rest.

Remember money is green. Add that to the fact that our President, who only recently was well versed enough in economics & finance to buy his first home at the age of 43, gave a few hundred billion to going green and you have a perfect storm. My due diligence first question to the potential green investment guru on a client’s behalf is… How long have you been a member of Green Peace or the Sierra Club? Rhetorical indeed. Call the Law Firm of William Miller with further questions about any investment in stocks, real estate or the ‘go green’ tsunami. 602-319-6899.

Confidential Data

Posted on March 1, 2009 in Sub-Prime Mortgages in Arizona

What should a litigant do when confronted with disclosure of confidential metadata? Conversely, what should you do if you learn that confidential metadata has been disclosed? Some recent case law may offer insight: In People v. Gomez, 134 Cal. App. 3d 874, 879 (1982), the court, dealing with privileged material in general, held that failure to…

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I Left my Heart in California

Posted on February 20, 2009 in Arizona Law Regarding Business and Real Estate

I just sent in my annual money for registration of a vintage car I own to the great State of California. I drive it too much, yet I cannot bear to drop the California plates. The car is classic, just like my memories of California. It is where I was born, but I was raised…

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No Ticky, No Laundry

Posted on February 19, 2009 in Arizona Law Regarding Business and Real Estate

At the law firm of William A. Miller in Phoenix Arizona, we take Arizona-granted licenses as a privilege. You cannot build a house without a contractor’s license. You cannot give legal advice without a law degree and license to practice law. Good luck suing in this State if you do not possess one. If you…

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The F-Word

Posted on February 17, 2009 in Arizona Law Regarding Business and Real Estate

No one wants to even think about the F-word — “Foreclosure.” It is so sad to see so many good folks losing their homes in foreclosure. It is also good to see some banks playing “fair” and trying to work with defaulted borrowers. Yet note something curious in Arizona law. Normally after a default and…

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Deep Pockets

Posted on February 4, 2009 in Arizona Law Regarding Business and Real Estate

When I broke the NCFE (http://articles.latimes.com/2008/nov/01/business/fi-poulsen1) fraud back in 2002, the first thing I did was sue the third-party professionals, the lawyers, accountants and financial firms, who helped NCFE commit their crimes. My favorite law school professor Charles Ayers always said, “go for the deep pockets.” Well, it is now time for the Minnesota accounting…

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Death, Taxes and Uncle Sam

Posted on January 13, 2009 in Arizona Law Regarding Business and Real Estate

At the Law Firm of William A. Miller in Phoenix we manage a number of high-profile estates. On Jan. 1, the amount exempted from federal estate taxes rose to $3.5 million from $2 million, which means that estates at or above the new limit would save $675,000 in estate taxes (at the 45% rate) compared…

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There is Nothing New Under the Sun

Posted on January 1, 2009 in Arizona Law Regarding Business and Real Estate

OK, it’s now 2009 and we are all looking for a fresh start. We settled three significant matters at the law firm of William A. Miller in Phoenix, Arizona, over the last 30 days. I like to say, “I am a patriot first and a conservative second” and this quote from Cicero in 55 BC…

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