Tag Archives: Burch & Cracchiolo

Stevens joins Burch & Cracchiolo

Ann Marie Stevens, Burch & Cracchiolo

Ann Marie Stevens, Burch & Cracchiolo

The law firm of Burch & Cracchiolo, P.A., announced that Ann Marie Stevens has joined the firm as an Associate. Stevens joins Burch & Cracchiolo after serving as a law clerk for the Honorable Kent E. Cattani of the Arizona Court of Appeals, Division One. Stevens will focus her practice on commercial litigation, labor and employment, and real estate law.

Stevens received her J.D. from Arizona Summit Law School (formerly known as Phoenix School of Law) in 2012 where she was a Governor Raul Castro Merit Scholar. She ranked number one in her class of 112. While in law school, Stevens served as managing editor of Phoenix Law Review, Volume V. Stevens received her B.A. in political science, magna cum laude, from University of Southern California in 1990.

AZ Big Media honors Most Influential Women

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They are the best business minds in Arizona. They are innovators, trailblazers and leaders of men.

They are Az Business magazine’s Most Influential Women in Arizona Business for 2014, as selected by the editorial team at Az Business magazine and a panel of industry experts. The Most Influential Women were honored Thursday at a reception at The Venue in Scottsdale.

“While their resumes and career paths may differ, the women we selected have all procured influence in their respective fields through hard-earned track records of profitability, business ethics and leadership,” said AZ Big Media Publisher Cheryl Green. “Az Business magazine is proud to congratulate the women who earned the right to call themselves one of the Most Influential Women in Arizona Business. They are changing the face of Arizona business.”

The women selected to this prestigious list for 2014 are:

Nazneen Aziz, Ph.D, senior vice president and chief research officer, Phoenix Children’s Hospital
Trish Bear, president and CEO, I-ology
Dr. Amy Beiter, president and CEO, Carondelet St. Mary’s Hospital and Carondelet Heart & Vascular Institute
Janet G. Betts, member, Sherman & Howard
Kristin Bloomquist, executive vice president and general manager, Cramer-Krasselt
Delia Carlyle, councilwoman, Ak-Chin Indian Community
Luci Chen, partner, Arizona Center for Cancer Care
Mary Collum, senior vice president, National Bank of Arizona
Kathy Coover, co-founder, Isagenix International
Janna Day, managing partner, Brownstein Hyatt Farber Schreck
Karen Dickinson, shareholder, Polsinelli
Michele Finney, CEO, Abrazo Health
Susan Frank, CEO, Desert Schools Federal Credit Union
Leah Freed, managing shareholder, Ogletree Deakins
Deborah Griffin, president of the board of directors, Gila River Casinos
Mary Ann Guerra, CEO, BioAccel
Deb Gullett, senior specialist, Gallagher & Kennedy
Diane Haller, partner, Quarles & Brady
Maria Harper-Marinick, executive vice chancellor and provost, Maricopa Community Colleges
Catherine Hayes, principal, hayes architecture/interiors inc.
Camille Hill, president, Merestone
Chevy Humphrey, president and CEO, Arizona Science Center
Heidi Jannenga, founder, WebPT
Kara Kalkbrenner, acting fire chief, City of Phoenix
Lynne King Smith, CEO, TicketForce
Joan Koerber Walker, CEO, Arizona Bioindustry Association
Karen Kravitz, president and head of conceptology, Commotion Promotions
Deb Krmpotic, CEO, Banner Estrella Medical Center
Jessica Langbaum, PhD, principal scientist, Banner Alzheimer’s Institute
Georgia Lord, mayor, City of Goodyear
Sherry Lund, founder, Celebration Stem Cell Centre
Teresa Mandelin, CEO, Southwestern Business Financing Corporation
Shirley Mays, dean, Arizona Summit Law School
Ann Meyers-Drysdale, vice president, Phoenix Mercury and Phoenix Suns
Marcia L. Mintz, president, John C. Lincoln Health Foundation
Martha C. Patrick, shareholder, Burch & Cracchiolo, P.A.
Stephanie J. Quincy, partner, Steptoe & Johnson
Barb Rechterman, chief marketing officer, GoDaddy
Marian Rhodes, senior vice president, Arizona Diamondbacks
Joyce Santis, chief operating officer, Sonora Quest Laboratories
Gena Sluga, partner, Christian Dichter & Sluga
Beth Soberg, CEO, UnitedHealthcare of Arizona
Scarlett Spring, president, VisionGate
Patrice Strong-Register, managing partner, JatroBiofuels
Sarah A. Strunk, director, Fennemore Craig, P.C.
Marie Sullivan, president and CEO, Arizona Women’s Education & Employment
Nancy K. Sweitzer, MD, director, UA’s Sarver Heart Center
Dana Vela, president, Sunrise Schools and Tots Unlimited
Alicia Wadas, COO, The Lavidge Company
Ginger Ward, CEO, Southwest Human Development

In addition to the Most Influential Women in Arizona Business, Az Business also selects five “Generation Next” women who are making an impact on Arizona, even though they are less than 40 years old. Those women selected for 2014 are:

Anca Bec, 36, business development officer, Alliance Bank of Arizona
Alison R. Christian, 32, shareholder, Christian Dichter & Sluga, P.C.
Jaime Daddona, 38, senior associate, Squire Patton Boggs
Nancy Kim, 36, owner, Spectrum Dermatology
Jami Reagan, 35, owner, Shine Factory Public Relations

To select the best and brightest women to recognize each year, the editor and publisher of Az Business magazine compile a list of almost 1,000 women from every facet of Arizona’s business landscape — banking, law, healthcare, bioscience, real estate, technology, manufacturing, retail, tourism, energy, accounting and nonprofits. Once that list is compiled, we vet the list, narrow it down to about 150 women who we feel are most deserving, and then submit the list to 20 of their peers — female leaders from a variety or industries — and ask them to vote. If they want to vote for someone whose name is not on the list of those submitted for consideration, voters are invited to write in the names of women who they think deserve to members of this exclusive club.

Az Business also does not allow a woman to appear on the list most than once.

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Social Media Prenups Trending In Valley

First comes love, then comes marriage, the baby carriage, and, for many Americans, divorce. Even if a couple doesn’t have an estate to divvy, family matter lawyers are reporting emerging trends that may have couples wishing they had signed prenup.

As the director of family law at Rose Law Group, Kaine Fisher has prepared many high-profile pre- and post-nuptial agreements. Some have had unusual provisions, such as what happens if a spouse transmits a sexually transmitted disease or a clause that liquidates damages for infidelity. However, there’s a new trend he and other local lawyers are touting — social media clauses.

Facebook, Twitter and Instagram are the first places millions of people turn to share their thoughts, photos and lives. It’s where professional and personal relationships grow, thrive and, sometimes, end. And, when the inevitable happens, there’s a chance the scorned and burned feelings will turn up on social media platforms in the form of private or unflattering information or photos about the other person. This is where the expertise and intervention of attorneys is rapidly required.

“Over the past couple of years, I have noticed an explosion of requests by clients wanting to include what is more affectionately known as a ‘social media clause’ in their pre- and post-nuptial agreements,” Fisher says. “At the onset of a marriage, such provisions are effective in setting relationship boundaries. However, at the end of one, these provisions are are typically used as swords to achieve greater financial gain.” 

The American Academy of Matrimonial Lawyers reported more than 80 percent of U.S. divorce attorneys say social networking is a rising topic in divorce proceedings. Social media has been a staple in divorce proceedings since MySpace was introduced in 2003, but Norma Izzo Milner, a litigator focusing in the areas of alternative dispute resolution, family law and domestic relations with Jennings, Strouss and Salmon Law Firm in Phoenix, is still surprised by how few clients still aren’t considering social media prenups.

“Once I provide some basic legal information about how social media can play a part in or impact either a relationship or the ending of one, they tend to take precautions and limit their social media activity,” she says.

People just can’t seem to help themselves, Fisher says, adding that they also don’t always have control over what hits the web.

“A jaded ex-girlfriend or a careless spouse can expose, either intentionally or intentionally, private photographs or videos of you that you  never wanted anyone to see,” he says.

“The reality is, most people connect through cyber space and report daily activities from what they are eating to how they are feeling. This can be a dangerous outlet for people facing the emotional challenges of a divorce or legal separation,” Milner says.

The amount of couples who enter into prenuptial agreements, despite a divorce rate of 3.6 per 1,000 people, is surprisingly low, says Milner. The two leading causes of getting a prenup, she says, is to protect an estate or to prevent the difficulty and costs of a divorce, based on previous experience.
“I find it surprising that the majority of people spend a large percentage of their daily time engaged in some form of social media, but do not think about how it might impact their lives long-term,” she says. “I generally have to bring the topic up for discussion with my clients.”

Social media prenups can be drafted as inclusive of existing and future platforms. In the event of being blocked from an ex’s social media pages, Milner says couples can include an term that enables access to personalized web content for a period of time after separation.

The family law group at Burch & Cracchiolo hasn’t used a social media clause in any of the prenups it has drafted, but recognizes it as something that’s on the horizon, says Marketing and Client Development Manager Chris Long.

Chris Ingle, an attorney at Rose Law Group who specializes in online defamation and protection of intellectual property, has not encountered a social media prenuptial case outside of the new articles and online buzz.

“I have to say that if somebody approached me with that idea, I’d recommend against that very strongly,” he says.

It’s a matter of a dispute escalating into a court battle that becomes public record and costs “a small fortune,” he says, adding, “It takes what started out as a disagreement and turns it into a full-fledged litigation war. I don’t think that’s in everyone’s best interest.”

Ingle recommends couples who are going their separate ways to write a non-disparagement clause, which promises couples won’t go out of their way to say anything bad about the other person or have anyone do that on their behalf.

It’s not necessarily the words that have many people preoccupied — there are images and the revenge porn industry to consider.

“If you’re going to let somebody take those photos and videos, you have to trust them implicitly,” says Ingle. “Once it gets out there (online), it’s difficult (to reverse).”

Some options, particularly for people whose images or videos are posted on a website by a third party (presumably an ex), include filing for copyright of the footage. It’s “cheap and easy,” says Ingle, to get a copyright. Unless your significant other challenges the claim, someone can generally submit a Digital Millennium Copyright Act (DMCA) request to the hosting website and get the photo or video removed.

For couples who drafted their prenups pre-Zuckerberg, who, by the way, had a relationship agreement drafted up before his marriage to Priscilla Chan that required 100 minutes of alone time away from Facebook’s headquarters, Milner still suggests considering a dialog about social media in the relationship and, potentially, a post-nuptial agreement.

“It’s never too late to have the discussion and spell out expectations and healthy boundaries to avoid future problems,” she says.

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Martha C. Patrick – Most Influential Women in Arizona Business

Martha C. PatrickShareholder, Burch & Cracchiolo
Certified as a tax specialist, Best Lawyers in America has named Patrick the 2014 Phoenix tax “Lawyer of the Year.” Patrick represents clients in tax controversies.

Greatest accomplishment: “Successfully resolving my clients’ issues with the IRS. Nothing could be greater or provide more satisfaction.”

Surprising fact: “When I was 18, I wanted to be a long-haul truck driver.”

Most Influential Women in Arizona Business – Every year in its July/August issue, Az Business Magazine celebrates the amazing women who make an impact on Arizona business.

Click here to see all of the 2014 Most Influential Women.

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Blais heads Bar's Young Lawyers Division

Burch & Cracchiolo associate attorney, Casey S. Blais, has begun serving his year-long term as president of the Maricopa County Bar Association Young Lawyers Division.  The term runs through December 31, 2014.  The mission of the MCBA Young Lawyers Division is to involve young and new lawyers in serving the community and enriching the profession while focusing on the specific needs of young and new lawyers

Blais practices in the areas of commercial litigation, real estate law, landlord/tenant disputes, and insurance defense / personal injury litigation. He regularly represents individuals, lenders, developers, and other private and public entities. Casey received his J.D. from the Arizona State University Sandra Day O’Connor College of Law in 2008. Prior to law school, Casey attended Brigham Young University where he double majored in Linguistics and Economics. He is admitted to practice in Arizona and the United States District Court for the District of Arizona.

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Ingold elected to Humane Society board

Burch & Cracchiolo partner Susanne E. “Susie” Ingold has been elected to the board of directors of The Arizona Humane Society. She has been committed to AHS since 2005 and been a member of the “Compassion with Fashion” annual fundraising luncheon committee since 2010.

Ingold has practiced at Burch & Cracchiolo for fifteen years concentrating her practice in labor and employment, commercial and general liability litigation and construction.  She also serves as co-chair of the firm’s Construction Defect and General Liability section.

Ingold received her J.D. from the University of Arizona and her B.A. with honors from Stephens College in Columbia, Missouri.  Ingold also currently serves on the University of Arizona Law College Association board of directors. Recently, she was a member of Valley Leadership’s Class XXXIV which concluded in June 2013.

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Top Lawyers list: Government relations

Az Business magazine’s 2013 top lawyer list was created after the editorial department asked Arizona law firms to nominate their two best attorneys from 16 different categories for consideration. Those nominees were put on a ballot and were voted on by their peers in the legal community and the readers of Az Business magazine to determine the exclusive 2013 Az Business Magazine Top Lawyers list.

Clare Abel
Burch & Cracchiolo, P.A.
602-234-9920
bcattorneys.com
Abel concentrates her practice primarily in the areas of real estate, zoning and condemnation Law. She is listed in Southwest Super Lawyers, Best Lawyers in America and Arizona’s Finest Lawyers.

S. David Childers
Kutak Rock LLP
480-429-4880
kutakrock.com
Childers served on the U.S. Secretary of Health & Human Services’ Task Force on Long-Term Health Care Policies, and the Governor’s Private Sector Task Force on Long Term Care and the University of Arizona College of Business & Public Administration National Board of Advisors.

Robert D. Dalager
Gallagher & Kennedy, P.A.
602-530-8540
gknet.com
Dalager practices governmental affairs and land use law.  Prior to joining Gallagher & Kennedy, Dalager was with the Arizona State Senate for nearly 10 years.

Gregory Y. Harris
Lewis and Roca LLP
602-262-0218
lrlaw.com
Harris has extensive experience appearing before state and federal agencies and in state and federal court, and appears regularly before the Arizona Legislature.

Yvonne R. Hunter
Fennemore Craig, P.C.
602-916-5386
fclaw.com
Hunter’s practice focuses primarily on government affairs. Hunter formerly served as an Assistant Arizona Attorney General in the Arizona Attorney General’s Office.

Joseph A. Kanefield
Ballard Spahr LLP
602-798-5468
ballardspahr.com
Kanefield’s practice is focused on government relations, civil and appellate litigation, public-private partnerships, administrative law, state and local tax matters, gaming, and election and campaign-finance law.

Timothy A. La Sota
Tiffany & Bosco, P.A.
602-452-2712
tblaw.com
La Sota practices in the areas of government relations, regulatory and administrative law, election law, land use and procurement.

Paige A. Martin
Kutak Rock LLP
480-429-4827
kutakrock.com
Martin, an AV Preeminent Peer Review Rated partner in the firm’s Scottsdale office, and primarily represents governmental entities and private employers.

Mary R. O’Grady
Osborn Maledon, P.A.
602-640-9352
omlaw.com
As a former solicitor general for the State of Arizona, O’Grady has a unique breadth of experience with public law issues. Her areas of expertise include election and campaign finance law and state constitutional law.

Jordan Rose
Rose Law Group
480-505-3939
roselawgroup.com
Rose practices in the areas of government relations, municipal issues, land use, zoning, administrative law, renewable energy, and lobbying.

John B. Shadegg
Steptoe & Johnson LLP
602-257-5204
steptoe.com
Shadegg, former U.S. Congressman, was elected to the U.S. House of Representatives in1994 and served eight terms before retiring from Congress in 2010.  He practices in Steptoe’s Government Affairs and Public Policy group.

David K. Udall
Udall Shumway PLC
480-969-3043
udallshumway.com
Udall has successfully represented a variety of clients with zoning and development issues before the City of Mesa, Maricopa County, Town of Gilbert, City of Chandler, and Casa Grande.

technology

Technology and the law

We all know how quickly technology is changing.

But how will changes in technology affect changes in the law?

As Arizona enters its second century, three Arizona attorneys weigh in on the legal changes they see coming as technology continues to rock our world.

Cheryl Walsh, shareholder, Burch & Cracchiolo, P.A.: Just 107 years ago, the Wright Brothers flew a plane for the first time.  Who could have imagined then that we would have the technologically-rich world we have today?  With that in mind, we do have technological advancements in our midst today that are ripe for challenge and examination. For instance, access to information and data as a result of technology can increase safety and efficiency of  law enforcement substantially; however, privacy and personal rights must be balanced in the process. The Supreme Court will be tackling this issue in the current session by considering the admissibility of GPS tracking device information obtained without a warrant. Cameras are everywhere and soon we will enter our homes and businesses with eye recognition technology that will make the individuality of fingerprinting more obsolete than ever.  Protecting our rights while advancing our civilization is a delicate balance.

Yu Cai, associate in Polsinelli Shughart’s science and technology practice group: Intellectual property development and protection will become an essential part of any business plan. Particular attention must be paid to the recent change in patent law from “first to invent” to “first to file,” requiring earlier interaction and involvement between inventors and their legal representatives.

John E. Cummerford, co-managing shareholder, Greenberg Traurig: Until fairly recently, “privacy” — as we think of it today — was a rare commodity. The word “privacy” doesn’t even appear the Constitution, no doubt because it was so uncommon when the Constitution was drafted. Technology has sharply reduced — and in my view, will soon eliminate — the whole notion of personal privacy.  Naturally, this will cause a lot of worry and fear.  But, when nobody’s privacy is safe, how will that affect our own inclination to invade the privacy of others?  I think it will cause people to actually become more respectful of others, and will — for lack of a better term — cause them to avert their eyes.

That is, will the muck-raking reporter who makes a living ferreting out scandals and embarrassing others really want someone to find out, say, his own bank balance, or what websites he has visited, or with whom he has been keeping company and put that information on the web?  Probably not, although that information may be readily available.  And so, I think that recognition that we are all vulnerable to invasions of privacy will foster more civility and I dare say more kindness among people.  And that will be a good thing indeed.