Tag Archives: Strouss and Salmon

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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.

SkySong

Innovation unites Arizona’s economic engines

When Arizona became a state 100 years ago, it was easy to identify its economic engines, those industries, innovators and locations that drove the state’s economy and employment.

They all started with C — copper, cotton, citrus, cattle and climate.
A decade later, it’s not so easy.

“We must find ways to diversify our economy, including investing in bioscience and technology, health science and innovation,” Phoenix Mayor Greg Stanton says. “We are coming out of the recession, and we need to move forward in a strategic way.”

Today’s economic engines are doing just that. They innovate, they collaborate, and the only one that starts with C is CityScape, and the only copper you’ll find there is Copper Blues Rock Pub and Kitchen and the cotton is at Urban Outfitters.

But today’s economic engines have to clear vision and direction for driving Arizona’s economy during its second century.

The Biodesign Institute at ASU
What it is: The Biodesign Institute at ASU addresses today’s critical global challenges in healthcare, sustainability and security by developing solutions inspired from natural systems and translating those solutions into commercially viable products and clinical practices.
Economic impact: The Biodesign Institute has met or exceeded all of the business goals set in mid-2003 by attracting more than $300 million in external funding since inception, and generating more than $200 million in proposals advanced in 2011 alone.
Companies it has helped grow: Licensed next-generation respiratory sensor technology to a European medical device developer; executed an exclusive license agreement for DNA sequencing technology to Roche, which includes a sponsored research agreement to develop devices in collaboration with Roche and IBM; and launched two Biodesign Commercial Translation companies.
Latest news: Led by electrical engineer, Nongjian Tao, ASU researchers have formulated a new sensor technology that will allow them to design and create a handheld sensor that can contribute to better diagnosis of asthma.
Michael Birt, director of the Center for Sustainable Health at the Biodesign Institute at ASU: “By establishing biosignatures centers, we hope to build a global network that will provide the scale necessary to overcome scientific limitations while creating a global platform to share methods, results and experiences.”

CityScape
What it is: A highrise mixed-use development in Downtown Phoenix consisting of residential, retail, office, and hotel components. The project covers three downtown Phoenix city blocks and is located between First Avenue and First Street, and between Washington and Jefferson streets.
Economic impact: Officials credit the evolution of Downtown Phoenix — led by CityScape — with helping the Valley land the 2015 Super Bowl, which will bring an economic impact of an estimated $500 million.
Companies it has helped grow: In addition to entertainment venues and top-notch restaurants, business leaders calling CityScape home include Alliance Bank, Cantor Law Group,  Fidelity Title, Gordon Silver, Gust Rosenfeld, Jennings, Strouss and Salmon, PLC, Polsinelli Shughart, RED Development, Squire Sanders and UnitedHealthcare.
Latest news: The 250-room boutique hotel, Hotel Palomar Phoenix by Kimpton, opened in June.
Jeff Moloznik, general manager, CityScape:  “The most progressive and entrepreneurial talent in the Valley have convened at CityScape. The impact our tenants’ businesses have brought to Downtown Phoenix is noticeable and significant. In an area that once lacked a central core, there is now energy, creativity, enterprise and excitement all day, every day in once central location.”

Intel

What it is: Intel is a world leader in computing innovation. The company designs and builds the essential technologies that serve as the foundation for the world’s computing devices.
Economic impact: Since 1996, Intel has invested more than $12 billion in high-tech manufacturing capability in Arizona and spent more than $450 million each year in research and development. Intel is investing another $5 billion in its Chandler site to manufacture its industry-leading, next-generation 14 nanometer technology.
Companies it has helped grow: Intel has been a catalyst for helping to create Chandler’s “tech corridor,” which includes Freescale, Microchip Technology, Orbital Sciences, Avnet, Amkor, and Marvell Technologies.
Latest news: Intel and ASU’s College of Technology and Innovation (CTI) are developing a customized engineering degree for some of the chip maker’s Arizona-based employees. The program is based on CTI’s modular, project-based curriculum and upon completion will provide a Bachelor’s of Science in Engineering degree from ASU, with a focus in materials science.
Chandler Mayor Jay Tibshraeny: Intel likes the partnership it has with Chandler, likes doing business in Arizona, and they’re a very good corporate citizen.”

Phoenix Mesa-Gateway Airport

What it is: Formerly Williams Gateway Airport (1994–2008) and Williams Air Force Base (1941–1993), it is a commercial airport located in the southeastern area of Mesa.
Economic impact: The airport helped generate $685 million in economic benefits last year, and the airport supports more than 4,000 jobs in the region.
Companies it has helped grow: Able Engineering & Component Services, Cessna, Hawker Beechcraft, Embraer, CMC Steel, TRW Vehicle Safety Systems Inc..
Latest news: The Airport Authority’s Board of Directors announced Monday the airport will undergo a $1.4 billion expansion. There is also an effort to privately raise $385 million to build two hotels and office and retail space near the airport.
Mesa Mayor Scott Smith: “Phoenix-Mesa Gateway Airport has gone through tremendous growth and expansion and has truly arrived as a major transportation center in the Valley.”

SkySong

What it is: A 1.2-million-square-feet mixed use space that gives entrepreneurs and innovators the resources they need  to grow and thrive, and provide them an exceptional home for when their businesses begin to take off.
Economic impact: Projected to generate more than $9.3 billion in economic growth over the next 30 years, according to an updated study by the Greater Phoenix Economic Council.
Companies it has helped grow: Emerge.MD, Channel Intelligence, Adaptive Curriculum, Alaris, Jobing.com/Blogic, webFilings.
Latest news: Jobing, an online company that connects employers and job seekers nationally, relocated its corporate headquarters from Phoenix to SkySong.
Scottsdale Mayor Jim Lane: “It is hard to think of a business attraction initiative the city has recently used that has not mentioned SkySong as a major attribute. SkySong has a national reputation and as it grows it will continue to elevate Scottsdale’s standing.”

Talking Stick

What it is: This economic engine encompasses a complex that includes the 497-room Talking Stick Resort, Courtyard Marriott Scottsdale Salt River, Casino Arizona at Talking Stick Resort, Talking Stick Golf Club, and Salt River Fields at Talking Stick, the spring training home of the Colorado Rockies and Arizona Diamondbacks.
Economic impact: Salt Rivers Fields аt Talking Stick accounted fоr 22 percent оf the the attendance for Cactus League baseball, which generates more thаn $300 million а yeаr іn economic impact tо the greater Phoenix metropolitan area economy.
Companies it has helped grow: In 2011, nearby Scottsdale Pavilions — which features 1.1 million square feet of select retail and mixed-use properties — became The Pavilions at Talking Stick. Pavilions has added Hobby Lobby, Mountainside Fitness, Buffalo Wild Wings and Hooters.
Latest news: Salt River Fields at Talking Stick will be one of the ballparks selected to host the first round of the 2013 World Baseball Classic in the spring.
David Hielscher, advertising manager, Casino Arizona and Talking Stick Resort: “Our property’s diverse, entertainment-driven culture and convenient locations allow us limitless opportunities for future expansion and development.”

Translational Genomics Research Institute

What it is: TGen is a non-profit genomics research institute that seeks to employ genetic discoveries to improve disease outcomes by developing smarter diagnostics and targeted therapeutics.
Economic impact: TGen provides Arizona with a total annual economic impact of $137.7 million, according to the results of an independent analysis done by Tripp Umbach, a national leader in economic forecasting.
Companies it has helped grow: TGen researchers have collaborated with Scottsdale Healthcare, Virginia G. Piper Cancer Center, Mayo Clinic, Ascalon International Inc., MCS Biotech Resources LLC, Semafore Pharmaceuticals Inc., Silamed Inc., Stromaceutics Inc., SynDevRx Inc., and Translational Accelerator LLC (TRAC). and many others.
Latest news: When TGen-generated business spin-offs and commercialization are included,  Tripp Umbach predicts that in 2012 TGen will produce $47.06 for every $1 of state investment, support 3,723 jobs, result in $21.1 million in state tax revenues, and have a total annual economic impact of $258.8 million.
Michael Bidwill, president of the Arizona Cardinals: “TGen is one of this state’s premier medical research and economic assets, and is a standard-bearer for promoting everything that is positive and forward-looking about Arizona.”

University of Arizona’s Tech Park

What it is: The University of Arizona Science and Technology Park (UA Tech Park) sits on 1,345 acres in Southeast Tucson. Almost 2 million square feet of space has been developed featuring high tech office, R&D and laboratory facilities.
Economic impact: In 2009, the businesses that call Tech Park home had an economic impact of $2.67 billion in Pima County. This included $1.81 billion in direct economic impacts such as wages paid and supplies and services purchased and $861 million in indirect and induced dollar impacts. In total, the Tech Park and its companies generated 14,322 jobs (direct, indirect, and induced).
Companies it has helped grow: IBM, Raytheon, Canon USA, Citigroup, NP Photonics, and DILAS Diode Laser.
Latest news: A 38.5-acre photovoltaic array is the latest addition to the Solar Zone technology demonstration area at Tech Park. Power generated from the facility will be sold to Tucson Electric Power Co., providing power for  about 1,000 homes.
Bruce Wright, associate vice president for University Research Parks:  “By 2011, the park had recaptured this lost employment (resulting from the recession) with total employment increasing to 6,944. In addition, the number of tenants had expanded from 50 to 52 reflecting the addition of new companies in the Arizona Center for Innovation and the development of the Solar Zone at the Tech Park.”