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Old School vs. New School

Posted on December 30, 2008 in Arizona Law Regarding Business Disputes

At the law firm of William A. Miller in Scottsdale, Arizona, we use technology to its fullest.

In one of my first trials, I had 10 yellow note pads, nothing else. That is old school.

Now, high stakes litigation requires movie-like demonstrations. When movie producer, J. Katzenberg and Goodyear went to court last year in a dispute over replacing defective Goodyear heating hoses at Katzenberg’s vacation home, they both turned to visual technology to support their positions. The battle provides a glimpse into how trial technology can be used to show jurors not just the structure and mechanics of a multimillion dollar home, but also the craftsmanship and rare wood that went into it — an important issue when the two sides couldn’t agree on how to repair leaking pipes in A.E., Inc. v. Goodyear Tire and Rubber Co., Inc., No. 05-CV-01317 (D. Colo. 2007).

There is no way ‘old school’ trial presentation is going to cut it, so use the law firm of William A. Miller in Phoenix if you want a jury to see your position from all sides.

Playing Hard Ball in S.F.

Posted on December 25, 2008 in Arizona Loan Workout

A San Francisco landlord for defunct white shirt law firm Heller Ehrman won a key court ruling earlier this month that means bankruptcy is now possible. What this means is the landlord accelerated all future rent due and has tied the Heller Ehrman partner hands from a midnight move or fire sale of its assets.

A Superior Court granted the landlord, 333 Bush Associates, a writ of attachment for $48 million on Dec. 19. The move makes the landlord a secured creditor, freezes a portion of Heller’s assets for the landlord, and leaves other unsecured creditors at a disadvantage, essentially waiting in line behind the landlord for dibs on leftover assets. This is ultimate hardball and is a tactic available in Maricopa County Superior Court under certain circumstances.

“The fact that they have reached the point where the landlord has gotten a writ, has obtained legal process to take their money on this scale, means that it is very likely they will file bankruptcy or be forced into bankruptcy,” said William McGrane, of McGrane Greenfield, who represented the three landlords that forced Brobeck, Phleger & Harrison into bankruptcy in 2003. Who would ever hire a law firm who cannot even pay its rent? This is a shame. At the law firm of William A. Miller in Scottsdale, Arizona, we applaud the landlord for playing hard ball against a powerful law firm. We handle all landlord tenant matters and can be reached at 602-319-6899.

So, Luck Only Happens Once

Posted on December 22, 2008 in Arizona Trials

My dad always used to tell me that ‘luck only happens once.’ What he meant was if someone is truly successful, it is not because of luck, it is because of hard work, street smarts and good planning. Not simply luck! Well, by Madoff standards I ain’t done much, but for a boy who grew up on 40th street in Phoenix, I have been lucky blessed indeed.

Anyway, I think this advice is the only time my dad was wrong. I got lucky twice. First, I married Andra.

The next stroke of luck was working for Tom Stoops, Esq. He is and has always been a top real estate lawyer in Phoenix. He is a true gentleman lawyer and faithful Arizonan committed to our cowboy roots. He taught me to prepare cases beyond what was expected. He told me to trust my instincts, not the books that would tell me how to think. He told me to be honest and faithful to the concept of justice. He told me to stay faithful to my Christian faith and defend the poor.

He taught me how to cowboy up when the white shirt law firms and their big money attack the little guy. We put real estate con or two out of business back in those days. One crook sold bogus lots in Northern Arizona at The “Grand Canyon Estates” to European visitors. A thousand bucks down & hundred bucks a month. The problem was, the lots had no water, roads, sewer or nor could they even be found. One German who looked like Otto in Malcom in the Middle bought the same lot about 15 times. Tom taught me how to stand up to these type of cons.

I just went to Tom’s Christmas party. It was full of his long time friends and business associates. There was a ton of good cheer. I was kind of surprised that I knew some of his folks after so many years of not seeing Tom. His staff still worked with him. 

So, I now will tell my kids that luck can happen twice.

I also tell them that every successful guy I know sticks with his friends and business partners. Jerry C. who owned the Phoenix Suns still has his secretary Ruth. Bob Russell has the same accountant for 40 years. Mike Dorn still works with his accountant and lawyer after 30 plus years. The Van Arsdale brothers do not quit on their partners or contractors, nor does Bob Fraley, Skip Hancock, Howie Basuk, The Tangs, The Gongs, Andrew Cohn, Bob Alpert, Chris Peacock, Tim Louis, Mark Stein, Jim Harrison, Ezri Namvar or a whole host of multi-bill/mill-ionaires I know and work with.

Mom told me you know a person by who their friends are. I’ll amend that too mom, you know a business guy based on who still hangs around him after 25 plus years. To Lou P., Erv S., John H., Steve S., etc. thanks for sticking in there with the Law Firm of William A. Miller and God Bless you Tom.

 

 

 

A Fraud is a Fraud by any Other Name

Posted on December 15, 2008 in Arizona Law Regarding Business and Real Estate

An affinity fraud is one in which a member of a religious or ethnic group, works over members of that same group. It can be a church or high school booster club. At the Scottsdale, Arizona based real estate and litigation law firm of William A. Miller we have seen this happen over and over…

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Lies, Damned Lies, and Statistics

Posted on December 12, 2008 in Arizona Law Regarding Business and Real Estate

The Valley’s median resale price for detached single-family homes fell by more than 7 percent from October to November, bringing the year-over-year median-price decline to about 35 percent, according to Arizona State University. November’s 3,370 resale transactions represent a 31 percent increase from the 2,580 transactions in November 2007. In addition, there were 3,095 foreclosures,…

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Brother Can You Spare a ‘Crime’?

Posted on in Arizona Law Regarding Business and Real Estate

A judge denied bail on Thursday for a New York lawyer accused of selling sham investments to hedge funds. Hmmm… a shyster lawyer selling worthless real estate to a ‘hedge fund’. Can you say ironic? Things like this happen in Phoenix too and since the Charlie Keating days we have been involved in fighting a number of…

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NEW PHONE & FAX

Posted on December 10, 2008 in Arizona Trials

Greetings: My new phone and fax numbers are: 480-948-3095- phone 480-948-3137- fax The cell is the same. 602-319-6899 Thanks and Merry Christmas!

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New Phoenix Case Filed, Arizona in Litigation Against Self

Posted on December 6, 2008 in Arizona Law Regarding Business and Real Estate

Despite being a defendant in the case, state Treasurer Dean Martin is backing a new Arizona lawsuit challenging the state’s decision to raid nearly $30 million from local municipalities to help fix Arizona’s budget mess. This is in spite of already being challenged by my fellow farmers for ‘stealing’ some Arizona County farm set-asides.  WOW!…

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Another Arizona Meltdown

Posted on December 4, 2008 in Arizona Law Regarding Business and Real Estate

The meltdown of title-insurance company LandAmerica Financial Group Inc. has left scores of real-estate investors and entrepreneurs scrambling to recover money in what were supposed to be a short-term and no-risk arrangement. The investors, from Arizona retirees to a public company, had $400 million on deposit with the LandAmerica subsidiary to take advantage of a…

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A Real Arizona Trial Lawyer

Posted on in Arizona Law Regarding Business and Real Estate

I have a buddy who is going through a huge legal battle. He is into the case for over $100,000.00 and there is not even a trial date. He is using one of the biggest law firms in Arizona. So what is the problem? The two lawyers who are billing him for every thought they…

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