Tag Archives: real estate

Knight Management

Robert F. Knight & Associates rebrands as Knight Management

The longest tenured commercial real estate management firm specializing in third-party owned real estate portfolios in Maricopa County has a new brand identity: Knight Management. Established in 1977 and formerly known as Robert F. Knight & Associates, LLC, the firm’s property management portfolio totals more than 2 million square feet of commercial office space in Greater Phoenix, making it one of the largest in the market.

“This is a new era for Knight Management. With over 14 million square feet of commercial property under our management over a span of 36-plus years, the foundation of our firm is built upon high standards of excellence and an unyielding commitment to customer satisfaction,” said Robert F. Knight, CPM, President of Knight Management. “Through investments in client-focused initiatives including technology-based efficiency enhancements, environmental sustainability initiatives and the expansion of our expert staff of management professionals, we are focused on enhancing our services for our clients for years to come.”

Knight Management will continue to provide comprehensive property management, facility management and value-added real estate services to its portfolio of properties throughout the Valley, including commercial office buildings, retail centers, industrial/warehouses, medical building and real estate land holdings.

Michael Bill, CEO of MJ Insurance.

MJ Insurance Named One of the Largest Brokers in U.S.

MJ Insurance, one of the nation’s leading property-casualty and employee benefits agencies, is one of the “100 Largest Broker of U.S. Business” according to Business Insurance magazine. MJ ranked No. 97 in the publication’s 2014 list. This is the second consecutive year that MJ Insurance has received the honor.

Companies are ranked by 2013 brokerage revenue generated by U.S.-based clients. MJ Insurance was recognized by the publication in 2013 as well. The agency increased revenue by more than 11 percent from 2012 to 2013.

“We are proud to be recognized for our growth, but that is only one small measure of our success,” said MJ Insurance CEO Michael H. Bill. “Over the past couple of months we have added new services and employees to better meet the needs of our clients.”

MJ Insurance, with offices in Indiana and Arizona, is a property-casualty and employee benefit agency that, since 1964, has grown from a two-person start-up to an agency with more than 125 employees. In 2014, MJ celebrates its 50th ‘golden’ anniversary.

MJ Insurance specializes in a diverse selection of unique service lines including construction, energy, transportation, real estate, manufacturing, sororities and mining. MJ also offers complete employee benefit programs including major medical, group disability, group life and onsite employer clinics. MJ Insurance currently has clients in 16 countries and in every U.S. state.

criminal

Sellers Not Required to Disclose Sex Offender

In some cultures it’s customary to meet the neighbors before purchasing a home. In the recent case of Lerner v. DMB Realty, LLC, the plaintiffs wish they would have done just that. Unfortunately, they didn’t discover until after they closed on their purchase and moved in that their next-door neighbor is a class 1 sex offender.

As discussed in this column’s November 2013 edition, Avoiding Real Estate Malpractice, Arizona REALTORS’® Duty to Disclose and the November 2012 edition, Caveat Venditor!, the law imposes strict disclosure requirements on property sellers – namely, sellers must disclose any information that materially or adversely affects the value of the property. Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (App. 1986).

Most families, especially families with young children, prefer not to live near criminals and sex offenders. As a result, buyers want to know if a home is situated immediately next door to a sex offender.

Arizona law, however, exempts certain conditions from disclosure. For example, pursuant to A.R.S. § 32‑2156, sellers and their agents are not required to disclose:

> that the property is or has been the site of a natural death, suicide, or homicide;
> that the property has been occupied by someone with HIV or a similar disease; or
> that the property is located in the vicinity of a sex offender.

The Arizona Court of Appeals recently upheld the constitutionality of this statute in Lerner v. DMB Realty, LLC, et al., 231 Ariz. 297, 294 P.3d 135 (2014).

Notwithstanding A.R.S. § 32-2156, the plaintiffs sued the sellers and their REALTORS® after they closed on the purchase of their residence which is located next door to a sex offender.

Six months after closing on the purchase of their home, the plaintiffs discovered that the home is situated next door to a “level-one” sex offender.[1] This was particularly troublesome to the plaintiffs because they have small children. As a result, the plaintiffs sued the sellers and the REALTORS® for damages due to the non‑disclosure. The plaintiffs argued that the sellers and the REALTORS® were liable

for fraud and non‑disclosure. They urged that their claim wasn’t precluded by the statute because the statute is unconstitutional.

The plaintiffs knew that the sellers and their agents weren’t required to disclose whether the property was near a sex offender. Pursuant to the dual agency agreement[2], the plaintiffs signed the Consent to Limited Representation which reminded the plaintiffs that pursuant to A.R.S. § 32-2156, the sellers and the agents are not obligated to disclose that the property is or has been located in the vicinity of a sex offender.

Further, the sellers provided the plaintiffs with the standard Seller’s Property Disclosure Statement which expressly provided that “buyer acknowledges that by law, sellers, lessors and brokers are not obligated to disclose that the property is or has been … located in the vicinity of a sex offender.”

In addition, the sellers and their REALTORS® provided the plaintiffs with the Residential Seller Advisory which further explained that by law the sellers are not obligated to disclose that the property is located in the vicinity of a sex offender.

And finally, the standard AAR Residential Resale Purchase Agreement provided that “if the presence of sex offenders in the vicinity is a material matter to the buyer, it must be investigated by the buyer during the inspection period.”

Notwithstanding the above disclosures, the plaintiffs sued the sellers because they felt deceived. Prior to close of escrow, the plaintiffs asked the sellers why they were selling and the sellers said they were moving to be closer to friends. After discovering that the property was located next to a sex offender, the plaintiffs inferred that the real reason the sellers were moving was because they didn’t want to live next door to a sex offender and that the sellers’ explanation of wanting to be closer to friends was pretext.

After discovering the sex offender status of the neighbor, the plaintiffs sued the REALTORS® and the sellers for non‑disclosure, breach of fiduciary duty, and fraud.

The sellers and the REALTORS® moved to dismiss the Complaint based on A.R.S. § 32-2156. The trial court agreed that the statute precluded the plaintiffs’ claims and dismissed the Complaint. The plaintiffs then promptly appealed the dismissal to the Arizona Court of Appeals.

On Appeal, the plaintiffs argued that the statute was unconstitutional and that the sellers should have told the plaintiffs about the presence of a sex offender in the neighborhood. They further argued that the sellers committed fraud when they told the plaintiffs that the reason they were moving was to be closer to friends when the real reason was that they didn’t want to live next to a sex offender.

The Court of Appeals generally affirmed the trial court’s ruling and upheld the constitutionality of A.R.S. § 32-2156 and affirmed that the sellers and the REALTORS® were not obligated to disclose the sex offender status of the next door neighbor.

The Court of Appeals found, however, that the plaintiffs may have a claim for fraud against the sellers if the sellers did in fact misrepresent the real reason for moving. Thus, the Court of Appeals remanded the case to trial court for a finding of whether the sellers misrepresented the reason for moving and whether the plaintiffs reasonably relied on their statement.

The Court of Appeals also dismissed the plaintiffs’ breach of fiduciary duty claim against the REALTORS® because pursuant to the statute, the REALTORS® were not obligated to disclose the vicinity of the sex offender. And unlike their claims against the sellers, the plaintiffs did not allege that the REALTORS® made any specific misrepresentations.

The two take aways from the case are: (1) A.R.S. § 32-2156 is constitutional; and (2) the statute does not prevent the claim for outright fraud.

When confronted with these difficult disclosure issues, sellers and REALTORS® must always be truthful in their comments to buyers. When asked whether one of the exempted categories above applies, sellers and REALTORS® should simply respond “by law we are not obligated to respond to your question but if that condition is important to you, you should research your question and possibly hire a professional to help you with your research.”

Christopher Charles is a partner with the law firm Davis Miles McGuire Gardner, PLLC, where he serves as the chair of the Real Estate Practice Group. He is an experienced real estate lawyer and a former “Broker Hotline Attorney” for the Arizona Association of REALTORS® (the “AAR”).

Sandra Wilken Luxury Properties

Phoenix-area Housing Market Officially in Slowdown

Expect those big price increases we’ve seen for Phoenix-area homes to slow down, possibly even stop or reverse a little this year. A new report from the W. P. Carey School of Business at Arizona State University predicts two-plus years of large gains to come to an end in 2014. The latest data for Maricopa and Pinal counties, as of December, reveals:

The median single-family-home sale price was still up 25 percent from December 2012.

However, demand was already falling sharply, with home and condo sales activity down 16 percent from the previous December.
Investors are showing less interest in the market, and construction-permit numbers remain small by historic standards.

Phoenix-area home prices have been going up since they hit a low point in September 2011, but the increases have been slowing down in recent months. The median single-family-home sales price was up 25 percent – $164,000 to $205,000 – from December 2012 to December 2013. Realtors will note the average price per square foot went up about 20 percent. The median townhouse/condo price rose 20 percent, to $120,000. However, those annual gains don’t accurately reflect the cooling pattern that started in July.

“We are seeing a big drop in demand compared with the last two years, and there are ominous indications of a softening market when we dig deep into the numbers,” says the report’s author, Mike Orr, director of the Center for Real Estate Theory and Practice at the W. P. Carey School of Business. “Sales of single-family homes were down 17 percent from December 2012 to this December. Townhome/condo sales were down 11 percent.”

The supply of homes available for sale also fell in a normal seasonal pattern in December. However, the number of active listings was still up 36 percent from Jan. 1, 2013 to Jan. 1, 2014.

Orr says one other bright spot is the luxury market – homes priced over $500,000. That end of the market is doing well, with activity up 21 percent from December 2012 to this December, as jumbo loans are readily available and the stock market is still near historic highs. At the low end of the spectrum, sales activity for homes priced under $150,000 is down an incredible 47 percent.

“Overall, buyers are enjoying less competition in bids for homes, but sellers should be prepared for possible cuts in asking price,” says Orr. “A larger portion of the population is simply choosing to rent, instead of buy. That includes much of the Millennial generation and those who lost their homes to foreclosure or short sale. They either prefer the rental lifestyle, don’t feel that secure in their jobs, or don’t have the credit history or down payment needed for a purchase.”

Orr says there’s more competition to get rental homes than homes for sale. He also says this could lead to rent increases over the next two years, especially since more owners are now institutional investors who will have less hesitation in raising rents than traditional mom-and-pop landlords.

Investors continue to lose interest in buying more in the Phoenix area, as better bargains can be found in other areas of the country. The percentage of residential properties purchased by investors was just 19.3 percent in December, down from the peak of 39.7 in July 2012.

Foreclosed homes aren’t plentiful anymore. Orr says Maricopa county was 19 percent below its normal, historic foreclosure-notice level in December. Foreclosure starts – owners receiving notice their lenders may foreclose in 90 days – were down 43 percent from December 2012 to December 2013. Completed foreclosures dropped 53 percent.

New-home sales had an excellent month, increasing their market share to 16 percent this December from 13 percent in December 2012. However, Orr says this was a normal seasonal bump. Construction-permit numbers remain low by historic standards.

Orr adds, “We’re seeing growing evidence the housing slowdown is also being experienced in other parts of the country, including southern California. If current conditions persist in the Phoenix area for several months, downward pressure on pricing will become hard to resist.”

Orr’s full report, including statistics, charts and a breakdown by different areas of the Valley, can be viewed and downloaded at www.wpcarey.asu.edu/realtyreports. A podcast with more analysis from Orr is also available from knowWPCarey, the business school’s online resource and newsletter, at http://knowwpcarey.com/index.cfm?cid=13.

Winn

Winnresidential Adds Apartment Portfolio in Arizona

WinnResidential, the property management arm of WinnCompanies, announced today that it has assumed management responsibilities for Highridge Costa Investors, a leading developer and asset manager, at six of their multifamily communities in the state of Arizona.

As a part of this partnership, WinnResidential will take over the property management, maintenance and leasing for all six communities. The portfolio includes Casa Bonita, a 60-unit community in Tucson; Florence Park Apartments, an 88-unit community in Florence; Quail Run Apartments, a 156-unit community in Peoria; Sonora Vista Apartments, a 65-unit community in Douglas; Valle del Sur Condominiums, a 60-unit community in Tucson; and Village Square Apartments, a 116-unit community in Phoenix.

The Arizona properties are a welcome addition to the Winn portfolio,” said Deirdre Kuring, Chief Operating Officer of WinnResidential. “We look forward to providing superior service to our new residents and our client.”

The portfolio consists of a very diverse group of properties spread throughout Arizona. The furthest West is in Peoria, Ariz. and extends all the way to the Mexican border in Douglas, Ariz. These six properties are very well-maintained assets that offer senior housing, affordable housing, market-rate housing, and some properties were designed specifically for special needs residents. Each one provides community programs and activities to create a real sense of community.

WinnResidential is a well-known and highly respected property manager across the country, and we are excited to partner with them on our Arizona portfolio,” said Michael M. Snowdon, Vice President of Asset Management at Highridge Costa Investors. “We are confident that through their quality operations practices, they will provide the best possible service to residents.”

87699472

MJ Insurance reports record revenue

MJ Insurance, one of the nation’s largest privately-held insurance agencies, has reported double digit year-over-year growth with an 11 percent increase across all business lines. The agency also reported record all-time high revenues of $25 million.

MJ’s fiscal year runs from September to September and for fiscal 2013, MJ saw solid growth in both employee benefits and in property and casualty revenues. Even as the economy has struggled, MJ has recorded strong revenue gains over the past five years.

Michael H. Bill, CEO of MJ Insurance, attributes the growth and record revenue to continued investment through the economic downturn in both employees and value-added services for clients.

“Our approach is to align our efforts with clients that emphasize value and this has proven beneficial as the economy has improved,” said Bill. “Challenges brought forth with health care reform have also allowed us to help guide businesses through this historic change.”

MJ Insurance, with offices in Indiana and Arizona, is a property-casualty and employee benefits agency that, since 1964, has grown from a two-person start-up to an agency with more than 125 employees. In 2014, MJ will celebrate its 50th ‘golden’ anniversary.

MJ Insurance specializes in a diverse selection of unique service lines including construction, energy, transportation, real estate, manufacturing, sororities and mining. MJ also offers complete employee benefits programs including major medical, group disability, group life and onsite employer clinics. MJ Insurance currently has clients in 16 countries and in every U.S. state.

law

Arizona attorneys open new Phoenix firm

A new law firm, Bergin, Frakes, Smalley & Oberholtzer (BFSO), recently opened its offices in the heart of Phoenix’s Camelback Corridor, with a focus on real estate, litigation and government relations services.

Although the law firm itself is new, BFSO’s partners are longtime Arizona lawyers and colleagues who have handled cases for a wide spectrum of development, business, financial and government clients in their respective careers.

“We decided to open our own firm to put our 50-plus years of experience in real estate and development, commercial transactions, and civil litigation to work for our clients,” said BFSO partner Carolyn Oberholtzer. “We are dedicated to providing trusted, reliable counsel to help our clients accomplish their goals and protect their interests.”

Focusing on civil and commercial litigation, both Brian Bergin and Kenneth Frakes are native Arizonans with long tenures as litigators and a wide range of experience spanning several decades. With a legal master’s degree in taxation, Michael Smalley concentrates on tax planning, corporate structure and governance, real estate and banking, as well as handling all transactional and finance matters for BFSO’s clients. Oberholtzer is a land use and municipal relations attorney who has been handling zoning, entitlement and municipal cases across Arizona for the last decade – from master-planned community and large-scale retail zoning cases, to annexations, special use permits and variances, and development agreements.

For more information about Bergin, Frakes, Smalley & Oberholtzer, located at 4455 East Camelback Road, Suite A-205, Phoenix, Arizona 85018, contact the law firm at (602) 888-7855, email them at info@bfsolaw.com, or view their website at www.bfsolaw.com.

Dayton, Matt

Tiffany & Bosco Expands Financial Services Practice

The law firm of Tiffany & Bosco P.A. announced that Matthew D. Dayton has joined the firm’s Las Vegas Office as an associate in the firm’s national financial services practice. His practice focuses primarily on real estate, foreclosure mediation/arbitration, unlawful detainer, and bankruptcy and creditor’s rights.

Matthew is admitted to practice before the United States District Court for the Districts of Nevada and Utah.  Matthew is a member of the Southern Nevada Association of Bankruptcy Attorneys and is a committee co-chair of the newly formed Nevada Creditor Association. He received his J.D.in 2009 from the William S. Boyd School of Law – University of Nevada, Las Vegas, and his B.A. from Brigham Young University.

Mark S. Bosco, Shareholder and head of the firm’s financial services practice stated, “Matthew is a very talented and hardworking attorney, and we are pleased he has joined our firm’s national financial services practice. He will join our team in serving many of our banking and real estate clients throughout Las Vegas and Utah.

Dayton, Matt

Tiffany & Bosco Expands Financial Services Practice

The law firm of Tiffany & Bosco P.A. announced that Matthew D. Dayton has joined the firm’s Las Vegas Office as an associate in the firm’s national financial services practice. His practice focuses primarily on real estate, foreclosure mediation/arbitration, unlawful detainer, and bankruptcy and creditor’s rights.

Matthew is admitted to practice before the United States District Court for the Districts of Nevada and Utah.  Matthew is a member of the Southern Nevada Association of Bankruptcy Attorneys and is a committee co-chair of the newly formed Nevada Creditor Association. He received his J.D.in 2009 from the William S. Boyd School of Law – University of Nevada, Las Vegas, and his B.A. from Brigham Young University.

Mark S. Bosco, Shareholder and head of the firm’s financial services practice stated, “Matthew is a very talented and hardworking attorney, and we are pleased he has joined our firm’s national financial services practice. He will join our team in serving many of our banking and real estate clients throughout Las Vegas and Utah.

Beth Jo Zeitzer

Beth Jo Zeitzer – 50 Most Influential Women in Arizona Business

Beth Jo Zeitzer – Founder and president, R.O.I. Properties

Zeitzer, an attorney by training, has more than 20 years of experience in the legal and real estate industries. She has a strong background in the turnaround, repositioning and disposition of real estate assets, from single family residential to income producing properties of all types, including multi-family, retail, office and industrial properties.

Surprising fact: “I was a ‘survivor’ before the show. Through my high school Challenge Club, I survived a two-day desert survival trip: no food, water or shelter and only a compass in hand.”

Biggest challenge: “Succeeding as a woman in the male-dominant commercial brokerage world. With keen perseverance, I have closed 114 commercial listings/sales over the last three years alone.”

Fifty Most Influential Women in Arizona Business – Every year in its July/August issue Arizona Business Magazine features 50 women who make an impact on Arizona business. To see the full list, read the digital issue >>

97995886

17 Fennemore Craig Attorneys Recognized for Excellence

Fennemore Craig, one of the largest law firms in the Southwest, announces 17 of its attorneys were named to the prominent Chambers USA 2013: America’s Leading Lawyers for Business for 2013.

“The firm’s reputation has been built on our attorney’s continued commitment to excellence,” states Tim Berg, managing partner of Fennemore Craig. “We are honored to be recognized by the prestigious Chambers USA, an esteemed legal resource.”

Chambers USA is an annual ranking of law firms and attorneys comprising multiple practice areas. Fennemore Craig was also was recognized in band one, the highest ranking possible, for both Environment (including water rights) and Real Estate practice areas.

Fennemore Craig attorneys recognized by Chambers USA include:

Robert Anderson, Environment: Water Rights, Arizona
Lauren James Caster, Environment (including water rights), Arizona
Phillip F. Fargotstein, Environment (including water rights), Arizona
Andrew M. Federhar, Litigation: General Commercial, Arizona
Maggie Gallogly, Environment: Water Rights, Arizona
Donald R. Gilbert, Labor & Employment, Arizona
Gregg Hanks, Real Estate, Arizona
Norman D. James, Environment (including water rights), Arizona
Charles M. King, Real Estate, Arizona
Jay S. Kramer, Real Estate, Arizona
Erwin D. Kratz, Labor & Employment, Arizona
Douglas C. Northup, Litigation: General Commercial, Arizona
Michael Phalen, Real Estate: Zoning/Land Use, Arizona
Robert P. Robinson, Real Estate, Arizona
Ronald J. Stolkin, Labor & Employment, Arizona
Sarah A. Strunk, Corporate/M&A, Arizona
Susan M. Wissink, Corporate/M&A, Arizona

97995886

Polsinelli Receives Top Rankings in Chambers USA

Chambers USA, the world’s leading guide to the legal profession, released its 2013 rankings for lawyers and practice groups. Polsinelli received high rankings for 53 attorneys and nine practice areas in four states. The Phoenix office of Polsinelli received high rankings for eight attorneys and three practice areas.

Chambers rankings are based on submissions put forward by law firms, client and industry interviews during the course of research and Chambers’ own database resources. Law firms and individual lawyers are ranked in bands from 1-6, with 1 being the best.

“Thank you to our clients who provided Chambers with valuable insight into our strategic partnerships,” said Chairman Russ Welsh. “It’s a strong reflection of our dedication to understanding the challenges our clients face as general counsel and business leaders. We are proud to have this acknowledgement of so many of our lawyers in Phoenix and across the country.”

New in 2013
Six Polsinelli attorneys improved band rankings, including two new Band 1 rankings for Arizona attorneys Lucas J. Narducci in Environmental (including water rights) and Edward F. Novak in Litigation: White-Collar Crime & Government Investigations.

The Phoenix office 2013 Chambers rankings include:

Polsinelli Practice Area Rankings – Phoenix office
Ranked 1 in Environmental (including water rights) – Arizona
Ranked 4 in Corporate M&A – Arizona
Ranked 4 in Litigation: General Commercial – Arizona
Individual Attorney Rankings – Phoenix office
Ranked 1 for Lucas J. Narducci in Environment (including water rights) – Arizona
Ranked 1 for Edward F. Novak in Litigation: White-Collar Crime & Government Investigations – Arizona
Ranked 3 for Barton D. Day in Environment (including water rights) – Arizona
Ranked 3 for Marty Harper in Litigation: General Commercial (Arizona) – Arizona
Ranked 4 for Phillip P. Guttilla in Corporate/M&A – Arizona
Ranked 4 for Thomas Irvine in Real Estate (Arizona) – Arizona
Ranked 4 for Brian K. Moll in Corporate/M&A (Arizona) – Arizona
Ranked U (Associates to Watch) for Margaret B. LaBianca in Environmental (including water rights) – Arizona

Two attorneys become shareholders

25 Squire Sanders attorneys earn distinction

Squire Sanders announced that 25 of its lawyers were recognized in the 2013 edition of Southwest Super Lawyers, among them are:

* George Brandon, Business Litigation
* Brian Cabianca, Business Litigation, Intellectual Property Litigation, Class Action/Mass Torts
* D. Lewis Clark, Jr., Employment & Labor, Employment Litigation: Defense
* Joseph M. Crabb, Securities & Corporate Finance, Mergers & Acquisitions, Business/Corporate
* Peter W. Culp, Environmental, Energy & Natural Resources
* Craig D. Hansen, Bankruptcy & Creditor/Debtor Rights
* Charles E. James, Jr., Bonds/Government Finance
* Christopher D. Johnson, Mergers & Acquisitions, Securities & Corporate Finance, Bankruptcy & Creditor/Debtor Rights
* DavidW. Kreutzberg, Real Estate, Business/Corporate, Land Use/Zoning
* Jordan A. Kroop, Bankruptcy & Creditor/Debtor Rights
* Steven L. Lisker, Real Estate
* Daniel Pasternak, Employment & Labor
* Timothy E. Pickrell, Mergers & Acquisitions
* Frank M Placenti, Securities & Corporate Finance, Mergers & Acquisitions, Corporate Governance & Compliance
* Lawrence J. Rosenfeld, Employment & Labor, Health Care
* Thomas J. Salerno, Bankruptcy & Creditor/Debtor Rights, International, Alternative Dispute Resolution
* Christopher D. Thomas, Environmental, Environmental Litigation

Rising Stars Include:

* Jamie Daddona Brennan, Business/Corporate, Securities & Corporate Finance
* Jennifer R. Cosper, Bonds/Government Finance
* Gregory A. Davis, General Litigation
* Matthew M. Holman, Securities & Corporate Finance, Mergers & Acquisitions, Business/Corporate
* Laura Lawless Robertson, Employment & Labor
* Matthew Ohre, Business Litigation
* Sara K. Regan, Business Litigation
* Jacob B. Smith, Tax, Business/Corporate

Test

Tiffany & Bosco Names Fischbach as Shareholder

The law firm of Tiffany & Bosco P.A. announced that attorney William M. Fischbach III has been named as a Shareholder.  Fischbach concentrates his practice in commercial and civil litigation with an emphasis in real estate, banking, contract disputes, and personal injury. He brings over 13 years of leadership experience at the local, state, federal, and international levels, and in both the private and public sectors.  Will serves as Board Chairman for the Greater Phoenix Chamber of Commerce Valley Young Professionals and as a Member of the Board of Directors of the Phoenix Children’s Hospital Emerging Leaders Group.

Prior to joining Tiffany & Bosco, Fischbach gained invaluable courtroom and leadership experience in the United States Army Judge Advocate General’s (JAG) Corps.  He served as the chief prosecutor for the 101st Airborne Division, a criminal defense attorney in the 82nd Airborne Division, and an appeals attorney at U.S. Army Headquarters in Washington, D.C.  Fischbach completed tours of duty in Iraq, Afghanistan, Uzbekistan, and the Republic of Korea, and was awarded the Bronze Star Medal and Combat Action Badge for his service in Iraq. He was honorably discharged in 2008 at the rank of Major.

He received his JD and MBA in 1999 from Tulane University, New Orleans, LA and a BS in Political Science from Arizona State University in 1994.

Test

Tiffany & Bosco Names Fischbach as Shareholder

The law firm of Tiffany & Bosco P.A. announced that attorney William M. Fischbach III has been named as a Shareholder.  Fischbach concentrates his practice in commercial and civil litigation with an emphasis in real estate, banking, contract disputes, and personal injury. He brings over 13 years of leadership experience at the local, state, federal, and international levels, and in both the private and public sectors.  Will serves as Board Chairman for the Greater Phoenix Chamber of Commerce Valley Young Professionals and as a Member of the Board of Directors of the Phoenix Children’s Hospital Emerging Leaders Group.

Prior to joining Tiffany & Bosco, Fischbach gained invaluable courtroom and leadership experience in the United States Army Judge Advocate General’s (JAG) Corps.  He served as the chief prosecutor for the 101st Airborne Division, a criminal defense attorney in the 82nd Airborne Division, and an appeals attorney at U.S. Army Headquarters in Washington, D.C.  Fischbach completed tours of duty in Iraq, Afghanistan, Uzbekistan, and the Republic of Korea, and was awarded the Bronze Star Medal and Combat Action Badge for his service in Iraq. He was honorably discharged in 2008 at the rank of Major.

He received his JD and MBA in 1999 from Tulane University, New Orleans, LA and a BS in Political Science from Arizona State University in 1994.

Dangerfield - color

Dangerfield Rejoins Gallagher & Kennedy

Gallagher & Kennedy, P.A., a full service business law firm, announced that Mark C. Dangerfield has rejoined the firm as shareholder in the Litigation Department. Mr. Dangerfield practices in the areas of commercial and appellate litigation, including business torts and contracts, professional malpractice, securities and real estate.

Dangerfield left Gallagher & Kennedy in 2010 to assist Brigham Young University, his undergraduate alma mater, in high-stakes litigation against Pfizer Pharmaceuticals involving the blockbuster arthritis drug Celebrex. The case received national attention and was amicably settled in 2012.

In addition to his experience handling trials and pre-trial litigation, Dangerfield has managed Arizona appeals on many issues resulting in reported decisions and favorable settlements.  Dangerfield is a member of the State Bar of Arizona, the U.S. Supreme Court and the U.S. Court of Appeals in the Fourth, Fifth, Eighth, Ninth and Tenth Circuit Courts.  He is listed in the Martindale-Hubbell® AV Peer Review Rating and in Best Lawyers, commercial litigation.

Dangerfield earned his J.D. in 1986 from Harvard University and his B.A., magna cum laude, in 1975 from Brigham Young University.  In his free time, he enjoys running marathons and ultra-marathons and has completed more than 60 marathons in 37 states and on all of the seven continents.

Dangerfield - color

Dangerfield Rejoins Gallagher & Kennedy

Gallagher & Kennedy, P.A., a full service business law firm, announced that Mark C. Dangerfield has rejoined the firm as shareholder in the Litigation Department. Mr. Dangerfield practices in the areas of commercial and appellate litigation, including business torts and contracts, professional malpractice, securities and real estate.

Dangerfield left Gallagher & Kennedy in 2010 to assist Brigham Young University, his undergraduate alma mater, in high-stakes litigation against Pfizer Pharmaceuticals involving the blockbuster arthritis drug Celebrex. The case received national attention and was amicably settled in 2012.

In addition to his experience handling trials and pre-trial litigation, Dangerfield has managed Arizona appeals on many issues resulting in reported decisions and favorable settlements.  Dangerfield is a member of the State Bar of Arizona, the U.S. Supreme Court and the U.S. Court of Appeals in the Fourth, Fifth, Eighth, Ninth and Tenth Circuit Courts.  He is listed in the Martindale-Hubbell® AV Peer Review Rating and in Best Lawyers, commercial litigation.

Dangerfield earned his J.D. in 1986 from Harvard University and his B.A., magna cum laude, in 1975 from Brigham Young University.  In his free time, he enjoys running marathons and ultra-marathons and has completed more than 60 marathons in 37 states and on all of the seven continents.

122375084

Phoenix among top markets in Price Performance

Homes.com, a leading online real estate destination and complete lifestyle resource, released the Homes.com Local Market Index, a new summary of price performance on repeat sales properties in the U.S. Utilizing home pricing data for the period ending March 2013, the index showed 96 out of 100 markets for single-family properties advancing on a monthly basis.

“We’re pleased to provide such a comprehensive pricing index for our dedicated consumers, real estate professionals and partners,” said Brock MacLean, executive vice president of Homes.com. “The new Homes.com Local Market Index provides an exceptionally detailed review of local market pricing trends, performance and growth indicators, leading the way for healthy conversation about America’s real estate markets and—in many of these local areas—their imminent recovery.”

Unlike other existing housing indices, the Homes.com Local Market Index provides:
* Expanded Coverage – Goes beyond the typical 20 markets by covering the top 100 markets or CBSA’s in the U.S. as measured by the U.S. Census Bureau.
* Localized Information– Index values are compiled at the census track level and consolidated into a zip code or neighborhood area. Local index values are compiled into a consolidated index for each CBSA.
* Local Market Variance – Provides a highly detailed view of neighborhood or zip code performance, with many local index values often varying 25% within the same market.
* National Overview – Includes an overview of national statistics, providing a comprehensive picture of the overall health of the economy and the contributing factors to the housing market.

The most recent Local Market Index shows monthly increases in 96 out of the top 100 markets, a sizable improvement from the 75 out of 100 that gained in February and a significant indicator of a nationwide rebound. The Honolulu, Hawaii market again posted the largest monthly increase in March, climbing 2.40 index points from February. The second fastest growing market in March was Virginia Beach-Norfolk-Newport News, Va.-N.C. with a gain of 2.23 points. On a year-to-year basis, Honolulu, Hawaii had the largest gain at 22.55 index points; the next closest market was Phoenix-Mesa-Glendale with a gain of 18.18.

Those two markets also had the largest year-to-year gain last month. Monthly declines in markets were very nominal, with the largest decrease being a -0.45 index point in the Scranton-Wilkes-Barre, Pa. local market. Year to year, Jackson, Miss. fell the farthest at -1.35, followed by Memphis, Tenn.-Miss.-Ark. at -1.21.

Overall, the top gaining markets this month were evenly spread across all regions except the Midwest. By contrast, a majority of the worst performing markets were concentrated in the Northeast, with only one in the Midwest.

Matt.Widdows

HomeSmart International Expands Network into Texas

Real estate firm HomeSmart International continues its nationwide growth with the opening of its newest franchise in Cedar Hill, Texas. Based in Phoenix, HomeSmart began franchising two years ago, offering one of the most attractive business models in the real estate industry.

HomeSmart CEO and President Chuck Lemire believes this new partnership will continue the international growth of HomeSmart and provide great brokerage services through the franchise owners leadership and experience in the Dallas Forth Worth region. Dallas Fort Worth is one of the top five economic markets in the United States and HomeSmart is the number one independent brokerage firm in the Southwest.

Since opening in January 2000, HomeSmart has had tremendous success by growing to over 7,500 agents nationwide. HomeSmart provides their Franchise Partners with specific systems and technology that create efficiency in operations and keep costs down while allowing exponential growth.

Cedar Hill franchise owners Jonathan Cochran and John Gerhardt bring a unique mix of experience to HomeSmart. Cochran served in the US Navy as a Naval Flight Officer before entering the civilian work force as a real estate agent, while Gerhardt worked as a real estate agent for seven years before partnering with Cochran.

“After learning about HomeSmart and gathering an understanding of what the franchise offers for our clients and for our agents, my business partner [Gerhardt] and I chose to purchase a HomeSmart franchise and begin our new direction in real estate as HomeSmart franchise owners. It was an excellent choice,” said Cochran.

Gerhardt adds, “I have always had a passion to help others and real estate offers that opportunity in unique ways. My family and I are very excited about the opportunities that lie ahead as we embark on this new endeavor with HomeSmart.”

HomeSmart emphasizes the importance of being aware of client needs and exceeding their expectations, which in turn builds strong relationships with the buyers and sellers in every market. HomeSmart’s proprietary software also positions its franchise partners ahead of the curve. Created by Founder and Chairman Matt Widdows and his development team, the reputable systems are proven to save business owners huge costs attributed to web hosting, lead generation and back office systems. This allows the franchise owners to provide the technology to their agents for free while allowing the agents to keep 100 percent of their commissions. Other advantages to HomeSmart’s franchise program include a virtual receptionist, generous fee structure, and a full suite of branding and marketing products.

HomeSmart continues to open new offices and add jobs across the United States, with offices throughout ten states and international operations in Shanghai, China. They added approximately 3,500 new jobs in 2012, and their goal is to continue to grow nationally and internationally in 2013.

For more information on HomeSmart and its franchise opportunities, visit www.homesmartinternational.com. Follow HomeSmart on Facebook at www.facebook.com/homesmart.

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Greenberg Traurig among ‘Best Corporate Law Firms’

The international law firm Greenberg Traurig, LLP, with more than 50 Arizona-based attorneys, has been named one of America’s Best Corporate Law Firms by Corporate Board Member, an NYSE Euronext company, and global business advisory firm FTI Consulting, Inc. in their annual survey of directors and general counsel of publicly-traded companies. The award was presented Tuesday as part of Corporate Board Member’s 6th Annual Legal Recognition Dinner in New York.

“We are very grateful for this honor,” said John Cummerford, a co-managing shareholder in Greenberg Traurig’s Phoenix office. “This is especially noteworthy since this recognition comes from our peers in the industry – general counsel of public companies – and reflects the respect our firm has earned worldwide.”

Each year, Corporate Board Member and FTI Consulting team up to conduct research to reveal those law firms that directors and general counsels believe to be the most respected legal counsel nationwide. This year, Greenberg Traurig is included on the 2013 Top 25 National Law Firm General Counsel’s Rankings list.

Greenberg Traurig attorneys represent both public and privately-held clients in a wide range of industries and in transactions including mergers and acquisitions, private equity transactions, public and private offerings of securities, as well as litigation, real estate, intellectual property, tax and other matters.

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Greenberg Traurig among 'Best Corporate Law Firms’

The international law firm Greenberg Traurig, LLP, with more than 50 Arizona-based attorneys, has been named one of America’s Best Corporate Law Firms by Corporate Board Member, an NYSE Euronext company, and global business advisory firm FTI Consulting, Inc. in their annual survey of directors and general counsel of publicly-traded companies. The award was presented Tuesday as part of Corporate Board Member’s 6th Annual Legal Recognition Dinner in New York.

“We are very grateful for this honor,” said John Cummerford, a co-managing shareholder in Greenberg Traurig’s Phoenix office. “This is especially noteworthy since this recognition comes from our peers in the industry – general counsel of public companies – and reflects the respect our firm has earned worldwide.”

Each year, Corporate Board Member and FTI Consulting team up to conduct research to reveal those law firms that directors and general counsels believe to be the most respected legal counsel nationwide. This year, Greenberg Traurig is included on the 2013 Top 25 National Law Firm General Counsel’s Rankings list.

Greenberg Traurig attorneys represent both public and privately-held clients in a wide range of industries and in transactions including mergers and acquisitions, private equity transactions, public and private offerings of securities, as well as litigation, real estate, intellectual property, tax and other matters.

Pamela Overton Risoleo

31 Phoenix Greenberg Traurig attorneys earn honors

The international law firm Greenberg Traurig, LLP with 50 Arizona-based attorneys, has 22 attorneys on the 2013 Southwest Super Lawyers list, an independent rating service of outstanding lawyers from more than 70 practice areas. In addition, the publication also named nine Greenberg Traurig attorneys as Southwest Rising Stars.

“We are extremely proud of this independent recognition by Super Lawyers,” said John E. Cummerford, a co-managing shareholder in Greenberg Traurig’s Phoenix office. “The professionals included on this list are exceptional and truly deserving of this honor. I’m proud of the strength and local roots of our Phoenix office which is supported by our firm’s national resources and global reach.”

Super Lawyers, a Thomson Reuters organization, is a research-driven, peer-influenced rating service of lawyers who have attained a high degree of peer recognition and professional achievement. The mission of Super Lawyers is to bring visibility to those attorneys who exhibit excellence in practice.

Six Greenberg Traurig attorneys were also recognized on the “Top 50 Southwest Super Lawyers” list. They are: Brian H. Blaney, Rebecca L. Burnham, Robert S. Kant, Jeffrey H. Verbin, E. Jeffrey Walsh and Quinn P. Williams.

Three Greenberg Traurig attorneys were included in the Super Lawyers “Top 25 Arizona Women” list. They are: Rebecca Lynne Burnham, Stacey F. Gottlieb and Pamela Overton Risoleo.

More than 60 percent of the attorneys in Greenberg Traurig’s Phoenix office are included in the 2013 ranking. The attorneys named Southwest Super Lawyers include: Gil Rudolph, Jeffrey H. Verbin (Banking), David D. Cleary (Bankruptcy), Brian H. Blaney, Robert S. Kant, Bruce E. Macdonough, Quinn Williams (Corporate/Securities), Michelle De Blasi (Environmental), John E. Cummerford, Jerry Fellows, Frank G. Long (Intellectual Property), Laurent R. G. Badoux (Labor and Employment), Nicole M. Goodwin, Stacey F. Gottlieb, Pamela Overton Risoleo, Brian J. Schulman, Peter W. Sorensen, E. Jeffrey Walsh (Litigation), Rebecca Lynne Burnham, Kevin J. Morris, David M. Paltzik and Lesa J. Storey (Real Estate). Southwest Rising Stars include: Greenberg Traurig attorneys Michael L. Aguirre, Logan V. Miller, Katherine A. Swenson and Jeremy D. Zangara (Corporate/Securities), Kimberly A. Warshawsky (Intellectual Property), Dana L. Hooper, Nathan T. Mitchler, Laura Sixkiller and Tracy L. Weiss (Litigation.)

The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. Super Lawyers Magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country. In the United States, Super Lawyers Magazine is published in all 50 states and Washington, D.C., reaching more than 13 million readers.

Matt.Widdows

HomeSmart International Continues Market Share Growth

Real estate firm HomeSmart International recently opened its newest franchise in Seattle, Washington. The nationwide company based in Phoenix, Arizona began franchising in 2011, offering one of the most attractive business models in the real estate industry. HomeSmart provides their Franchise Partners with specific systems and technology that create efficiency in operations and keep costs down while allowing exponential growth.

Since opening in January 2000, HomeSmart has had tremendous success by growing to over 7,500 agents nationwide. Recently ranked as the number one real estate company in the Southwest, HomeSmart continues to open new offices and add jobs across the United States.

Seattle franchise owner Teri Jones has more than 22 years of experience in the real estate business. Jones felt that affiliating with HomeSmart International was the best way to take her business to the next level. The franchise operates as HomeSmart Real Estate Associates.

“I am excited to be a part of HomeSmart and very encouraged with the company’s tools and commitment to their agents and clients,” said Jones. “I feel confident with the company’s reputation for advanced technologies and that we will continue to grow and assist brokers with the tools needed to grow the business in a more efficient and professional way.”

HomeSmart emphasizes the importance of being aware of client needs and exceeding their expectations, which in turn builds strong relationships with the buyers and sellers in every market. HomeSmart’s proprietary software also puts its franchise partners ahead of the curve. Created by Founder and Chairman Matt Widdows and his development team, the reputable systems are proven to save business owners huge costs attributed to web hosting, lead generation and back office systems. This allows the franchise owners to provide the technology to their agents for free while allowing them to keep 100 percent of their commissions. Other advantages to HomeSmart’s franchise program include a virtual receptionist, generous fee structure, and a full suite of branding and marketing products.

“Some of the world’s best companies are based in Seattle; Amazon.com, Nordstrom’s and Starbucks to name three. Each is known for their innovation, operational excellence and customer service,” said HomeSmart International CEO and President Chuck Lemire. “We are proud to now be among those successful businesses. Teri brings decades of experience along with a youthful, innovative team. Armed with the technology and systems HomeSmart provides, she will bring a tremendous environment to all agents in Seattle and the surrounding communities.”

HomeSmart currently has offices throughout eight states and international operations in Shanghai, China. They added approximately 3,500 new jobs in 2012, and their goal is to continue to grow nationally and internationally in 2013.

For more information on HomeSmart and its franchise opportunities, visit www.homesmartinternational.com. Follow HomeSmart on Facebook at www.facebook.com/homesmart.

Madeleine_Wanslee

Wanslee Elected to Gust Rosenfeld Executive Committee

Gust Rosenfeld announced that Madeleine C. Wanslee has been elected to its Executive Committee, the governing body of the firm.

Wanslee is Co-Chair of the firm’s Bankruptcy, Restructuring and Creditors’ Rights Practice Group.  Her practice focuses on creditors’ rights and related state and federal court litigation, including commercial and consumer bankruptcy, loan workouts, foreclosure, deficiency and guarantor actions.  She has handled numerous appeals and has argued a case before the United States Supreme Court.  Wanslee is recognized in the Bankruptcy and Creditor-Debtor Rights Law category of The Best Lawyers in Americaâ and in the Bankruptcy and Creditor-Debtor Rights category of Southwest Super Lawyersâ.  She earned her law degree from Gonzaga University School of Law.

Founded in 1921, Gust Rosenfeld provides legal counsel to individuals, businesses, and governments. Our firm’s attorneys enjoy thriving practices in public law, litigation, finance, real estate, corporate, environmental, employment, creditors’ rights, franchise law, estate planning, and tax. Gust Rosenfeld maintains offices in Phoenix and Tucson.