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Apple, Google, Intel & Adobe?

Posted on September 11, 2014 in UCC AND CONTRACT LAW

A California judge has extended, yet again, the start of a class-action, antitrust claim involving 64,000 current and former Silicon Valley tech workers. U.S. District Court Judge Lucy Koh set an April 9 start date for the trial and if it goes, it will be huge news.

Apple, Google, Intel & Adobe are accused of conspiring not to recruit each other’s tech employees, therefore, suppressing wages in the mid 2000’s. The implications to this are monumental. I cannot imagine that the claims will ever see the light of the courtroom.

The four companies have appealed Koh’s rejection of a $324.5 million settlement proposed by both sides. The Ninth U.S. Circuit Court of Appeals, based in San Francisco, could reject the appeal or overrule Koh by ordering her to approve the settlement.

At the law firm of William A. Miller in Scottsdale Arizona we handle many types of commercial and employment cases. Over the 27 we have been in business, we have referred a number of class action claims to prominent lawyers. We have also had the occasion to argue before the Ninth Circuit Court of Appeals. Please call Bill direct at 602-319-6899 if you have a business, real estate or antitrust claim.

The firm has been actively representing litigants for over 27 years. We are located in Scottsdale, Arizona at 8170 North 86th Place, Suite 208. 85258 or can be reached with questions at bmiller@williamamillerpllc.com or call 602-319-6899.

We also handle, Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title & escrow.

The Fox (Snake) Watched the Hen house

Posted on August 19, 2014 in Arizona Law Regarding Business and Real Estate

A lawyer (snake) has been sentenced to two years in prison for his role in taking a disabled client of money she was entitled to receive from a $500,000 insurance settlement. He should have received ten years! It’s like the fable of old where the Fox watched the hen house. A sorry joke indeed.

Ed Callow, must also pay $167,500 in restitution, representing his client’s share of the portion of the settlement he didn’t tell her about, as well as attorney fees the victim has paid. Now disbarred, Callow pleaded guilty in July to five felony charges in the King County Superior Court case, including theft and money laundering.

His co-defendant, former claims adjuster Fariborz “Romeo” Rahrovi, is accused of aiding the theft and taking $135,000 for himself and faces much the same charges that Callow did. Rahrovi is awaiting trial after pleading not guilty at the beginning of the year. Prosecutors said Callow told his client the settlement had been only $250,000, not $500,000, and paid her only some $165,000 of it, representing about one-third of the total amount.

He was disbarred earlier and has been in jail since March. Be careful who you hire as a lawyer. Check the State bar records. Ask around. At the law firm of William A. Miller in Scottsdale Arizona we have filed suits against dishonest lawyer and a few have been disbarred. Call us at 602-319-6899 for more help with Arizona related legal questions.

Saint Thomas More

Posted on August 17, 2014 in Arizona Law Regarding Business and Real Estate

If you ever saw the movie My Big Fat Greek Wedding you would remember that the bride’s father thought that Windex could cure all ills and that the Greeks’ were responsible for all of western civilization’s great accomplishments. That was hilarious. I still love that movie.

As I approach 27 years as a trial lawyer in Arizona, I must confess that I see St. Thomas More like the bride’s dad. I sometimes think, he invented all great concepts of modern law. This Saint gave us so many concepts that are still viable & vital: no self incrimination, free speech, due process, no king rule, etc. So, I try very hard in my real estate, business, securities, fraud & malpractice cases to look to More’s genius when times get tough.

The 20th-century agnostic playwright Robert Bolt portrayed St. Thomas More as the tragic hero of his 1960 play A Man for All Seasons. The title is drawn from what Robert Whittington in 1520 wrote of More:

More is a man of an angel’s wit and singular learning. I know not his fellow. For where is the man of that gentleness, lowliness and affability? And, as time requireth, a man of marvelous mirth and pastimes, and sometime of as sad gravity. A man for all seasons.

As a modern day lawyer practicing in Phoenix, a beautiful yet sometimes vicious City, I try very hard to emulate St. Thomas More. Feel free to call me with questions or comments about real estate, business, securities, fraud & malpractice. I promise to do my best under the rule of law thanks to Saint Thomas More. Call me at 602.319.6899 or visit me at 8170 North 86th Place Suite 208 Scottsdale, Az. 85258

9th Circuit “Stern” when it comes to Fraudulent Conveyance

Posted on August 4, 2014 in Arizona Law Regarding Business Disputes

Since the U.S. Supreme Court’s opinion in Stern v. Marshall (all cites omitted) federal courts have issued differing opinions regarding the range of a bankruptcy court’s jurisdiction to enter final judgments in adversary proceedings. In Executive Benefits Insurance Agency v. Arkison, looking at Stern, the Ninth Circuit Court of Appeals held that a bankruptcy court…

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Crappy neighbors crappy home life

Posted on July 21, 2014 in Arizona Law Regarding Business and Real Estate

If you practice law in New York, you better know finance. Texas, it’s oil law. Hollywood, the savvy lawyers get into entertainment law. If it’s Arizona you better know real estate. By hook or crook, it always shows up in Arizona. That’s because we are a fast growing State. In my early years, I represented…

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Builder be Aware

Posted on July 11, 2014 in Arizona Law Regarding Business and Real Estate

Home Builder be Aware! On April 22nd, 2014, HB 2018 was signed into law by Arizona Governor, Jan Brewer. The bill will amend two key anti-deficiency statutes, A.R.S. §§ 33-729 and 33-814, the former relating to judicial foreclosures and the latter to non-judicial foreclosures. Borrowers have relied upon both of these statutes in order to…

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Title Insurance in Arizona

Posted on July 6, 2014 in UCC AND CONTRACT LAW

I often get calls from home buyers from other States that require lawyers to close real estate transactions. In Arizona we do not necessarily need lawyers to close real estate deals as long as a licensed broker and title/escrow company is used. A title commitment is issued shortly after opening of escrow. Then, the fun…

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Securities Fraud + Class Action = Alive and well.

Posted on in Arizona Law Regarding Business and Real Estate

The Supreme Court made it harder for investors to band together to pursue class action claims that they were misled when they bought or sold securities. But the justices did not accept a broader challenge, one that could have put an end to most class actions for securities fraud. So, as we say, class actions…

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The Confidentiality Agreement

Posted on June 15, 2014 in Arizona Real Estate

Confidentiality agreements are common in real estate & business. Sometimes they are used to get an investor to get his ‘eye off the ball’. Or they are often viewed as routinized documents unworthy of close reading. WRONG! When drafting and negotiating confidentiality agreements you should be aware of broad restrictions on your actions. For example,…

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EEOC- Whistleblower’s Get Ready to Blow!

Posted on June 14, 2014 in Arizona Trials

In the last few years, whistleblower claims are on the rise.  These claims now comprise 41% of the more than 93,000 discrimination charges filed in 2013, according to a February report from the U.S. Equal Employment Opportunity Commission (EEOC).  This is an increase of 28% over 10 years.  At the same time, particularly since the…

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