BHG Law http://bhglaw.com Buntrock, Harrison, and Gardner Wed, 27 Jun 2018 15:32:16 +0000 en-US hourly 1 https://wordpress.org/?v=5.1.1 Civil Litigation http://bhglaw.com/civil-litigation/ Wed, 13 Sep 2017 21:23:05 +0000 http://bhglaw.wpengine.com/?p=220 Coming….

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Business Law http://bhglaw.com/business-law/ Wed, 13 Sep 2017 18:00:09 +0000 http://bhglaw.wpengine.com/?p=201 Business Law Running a business is a complex and involved matter. There is so much to consider in your day to day operations that is is a relief to be able to hand the legal side of your business over to a business lawyer from Buntrock Harrison Gardner Law Group. Our business lawyers have extensive experience in commercial legal matters and will represent your business as if it was their own.

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Shane D. Buntrock http://bhglaw.com/shane-buntrock/ Wed, 13 Sep 2017 05:46:01 +0000 http://bhglaw.wpengine.com/?p=158 Shane D. Buntrock Shane D. Buntrock, received Martindale-Hubbell’s highest AV® Preeminent rating. He is the Managing Member of Buntrock & Gardner Law, PLLC. Shane launched his own law firm in 2013 as part of his dream and with the support of his clients, family and friends. Prior to starting his own firm, Shane was a shareholder in a successful Phoenix law firm and a shareholder in a East...

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Steven E. Harrison http://bhglaw.com/steven-e-harrison/ Wed, 13 Sep 2017 02:00:23 +0000 http://bhglaw.wpengine.com/?p=189 Steven E. Harrison Mr. Harrison has nearly 34 years of experience as a trial lawyer. He has successfully represented both plaintiffs and defendants in a variety of legal matters in the State of Arizona and in the State of Washington. He has been honored to represent many outstanding individuals and prominent businesses, insurance companies, and financial institutions throughout Arizona and the...

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Wayne Gardner http://bhglaw.com/wayne-gardner/ Fri, 08 Sep 2017 01:15:06 +0000 http://bhglaw.wpengine.com/?p=169 Wayne Gardner Mr. Gardner has an “AV Preeminent” rating by the Martindale-Hubbell Peer Review Ratings system, which is the highest rating possible in both legal abilities and ethical standards. In addition, Mr. Gardner has been recognized as one of the top 100 attorneys in the Phoenix area and is one of a very select few attorneys to be admitted to the U.S. Supreme Court. Wayne loves Arizona.

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http://bhglaw.com/111/ http://bhglaw.com/111/#respond Thu, 31 Aug 2017 17:24:04 +0000 http://bhglaw.wpengine.com/?p=111 I couldn’t have found a better attorney to represent my Company and me personally. I have complete confidence in Shane Buntrock. He is very professional in every way and I recommend him highly. –.

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http://bhglaw.com/109/ http://bhglaw.com/109/#respond Thu, 31 Aug 2017 17:23:35 +0000 http://bhglaw.wpengine.com/?p=109 Buntrock Law is great. I have used them for years. They are very responsive, aggressive when needed and provide good counsel. –.

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http://bhglaw.com/107/ http://bhglaw.com/107/#respond Thu, 31 Aug 2017 17:22:56 +0000 http://bhglaw.wpengine.com/?p=107 Has done all my legal work for over 15 years. he is a top lawyer in his field and i will use him again an again. –.

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http://bhglaw.com/105/ http://bhglaw.com/105/#respond Thu, 31 Aug 2017 17:22:19 +0000 http://bhglaw.wpengine.com/?p=105 Mr. Buntrock has taken care of all of our business needs in a professional and timely matter. We will continue to use and recommend Shane Buntrock of Buntrock Law Group. – Partner of What’.

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http://bhglaw.com/103/ http://bhglaw.com/103/#respond Thu, 31 Aug 2017 17:21:33 +0000 http://bhglaw.wpengine.com/?p=103 We have been working with Buntrock law since its inception for various legal needs. The service we have received has been top notch and I feel fortunate to have Shane and his team service our legal needs. The Buntrock team quickly addressed and resolved our most recent case with confidence and professionalism. The staff is knowledgeable, courteous and easy to work with. A top tier law firm by all...

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http://bhglaw.com/101/ http://bhglaw.com/101/#respond Thu, 31 Aug 2017 17:20:40 +0000 http://bhglaw.wpengine.com/?p=101 Shane was great. Loved his service and his staff!

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Devon Miller http://bhglaw.com/devon-miller/ Sun, 13 Aug 2017 15:28:26 +0000 http://bhglaw.wpengine.com/?p=184 Devon Miller Devon Miller is a contract attorney. Devon’s areas of practice include estate planning, probate, real estate, business and corporate law. Devon focuses primarily on contracts and other agreements, seeking to help clients plan ahead to minimize the risk of potential future litigation. Mr. Miller is experienced in counseling clients in many types of matters...

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M. Brent Peugnet http://bhglaw.com/brent-peugnet/ Sun, 13 Aug 2017 15:21:46 +0000 http://bhglaw.wpengine.com/?p=178 M. Brent Peugnet M. Brent Peugnet is a skilled personal injury attorney. He has been practicing since 1999. Before attending law school he spent 10 years practicing chiropractic in the Phoenix area. This gives him particular expertise in handling cases involving serious bodily injury and wrongful death and those with complex medical issues. He attended Palmer College of Chiropractic...

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BUY SELL AGREEMENTS http://bhglaw.com/buy-sell-agreements/ http://bhglaw.com/buy-sell-agreements/#respond Tue, 10 Jan 2017 17:50:07 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=444 A Buy-Sell Agreement is important for all Arizona partnerships, corporate entities, and other business organizations. It is in the best interest of each co-owner to determine the best course of action upon the situation of an owner’s departure. To find the best terms for your Mesa buy sell agreement, you may be seeking legal assistance from an experienced AZ business lawyer. At Buntrock Law Group...

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DOES A MEMBER OF AN LLC OWE FIDUCIARY DUTIES TO THE OTHER MEMBERS? http://bhglaw.com/does-a-member-of-an-llc-owe-fiduciary-duties-to-the-other-members/ http://bhglaw.com/does-a-member-of-an-llc-owe-fiduciary-duties-to-the-other-members/#respond Tue, 10 Jan 2017 17:49:13 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=442 Recently, the Arizona Court of Appeals said no, that members of a LLC do not owe other members common law fiduciary duties. The duties owed or not owed by members are determined by the operating agreement entered into by the members. Some have argued that due to the nature of a closely held LLC, the fiduciary duties owed by a director to the shareholders of a corporation apply to the managers or...

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WHEN DOES A JOINT VENTURE FORM? http://bhglaw.com/when-does-a-joint-venture-form/ http://bhglaw.com/when-does-a-joint-venture-form/#respond Tue, 10 Jan 2017 17:48:31 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=440 Many times, individuals start a new business without documenting who owns what. Later a disagreement arises and the parties are in a gray area over who owns the company assets. Under Arizona law, a joint venture is formed when two or more parties agree to pursue a particular enterprise in the hope of sharing a profit. There are 5 required characteristics to form a joint venture including: (1) An...

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5 KEY TRAITS FOR AN EFFECTIVE NON-COMPETE AGREEMENT http://bhglaw.com/5-key-traits-for-an-effective-non-compete-agreement/ http://bhglaw.com/5-key-traits-for-an-effective-non-compete-agreement/#respond Tue, 10 Jan 2017 17:47:33 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=438 Make sure that the restrictions do not overreach. Reasonable restrictions of time and geographic territory are required in most states including Arizona. Decide on what you truly want to protect. Focus on legitimate business interest such as confidential and proprietary data and restrictions on soliciting key customers rather than competition per se. Have different restrictions for owners or...

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FORECLOSING ON TAX LIEN CERTIFICATES http://bhglaw.com/foreclosing-on-tax-lien-certificates/ http://bhglaw.com/foreclosing-on-tax-lien-certificates/#respond Tue, 10 Jan 2017 17:46:21 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=436 If you pay your property taxes through your monthly mortgage payment, you probably are not concerned about delinquent property taxes. Your mortgage lender pays those taxes directly when they come due. However, some property owners pay their property taxes directly to the county assessor. Have you ever wondered what happens if a person stops paying their property taxes? In Arizona...

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UNDUE INFLUENCE IN THE FORMATION OF A WILL OR TRUST: VALID OR NOT? http://bhglaw.com/undue-influence-in-the-formation-of-a-will-or-trust-valid-or-not/ http://bhglaw.com/undue-influence-in-the-formation-of-a-will-or-trust-valid-or-not/#respond Tue, 10 Jan 2017 17:45:15 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=434 A will or trust created just before a person dies that favors one or more children but excludes the other children may be subject to a challenge and would be found invalid if obtained by undue influence. Undue influence is defined as when one person overcomes the free will of another so that the desires of that person conform to the desires of the “undue influencer.” What makes up undue influence...

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LIFE INSURANCE PROCEEDS PAID TO A TRUST ARE NOT SUBJECT TO CREDITOR CLAIMS http://bhglaw.com/life-insurance-proceeds-paid-to-a-trust-are-not-subject-to-creditor-claims/ http://bhglaw.com/life-insurance-proceeds-paid-to-a-trust-are-not-subject-to-creditor-claims/#respond Tue, 10 Jan 2017 17:41:21 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=432 The Arizona Court of Appeals recently held in the case In Re King, that even though the debts of the decedent were greater than her assets at death, the life insurance proceeds, payable to her trust created prior to her death, were NOT subject to creditor claims. In the King case, the life insurance proceeds were in the amount of $2 million, and at death, the designated proceeds were to be paid...

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ARBITRATION VS. THE COURTS: IS ONE BETTER THAN THE OTHER FOR RESOLVING BUSINESS DISPUTES? http://bhglaw.com/arbitration-vs-the-courts-is-one-better-than-the-other-for-resolving-business-disputes/ http://bhglaw.com/arbitration-vs-the-courts-is-one-better-than-the-other-for-resolving-business-disputes/#respond Tue, 10 Jan 2017 17:40:34 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=430 Arbitration is the submission of a dispute to one or more persons for a final and binding decision. The arbitrators’ decision is called an “award.” Awards are made in writing and are generally final and binding on the parties in the case. Frequently, business or employment contracts contain clauses that require disputes between the parties to be resolved through Phoenix arbitration.

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BUYING OR SELLING A BUSINESS – SOME KEY ISSUES http://bhglaw.com/buying-or-selling-a-business-some-key-issues/ http://bhglaw.com/buying-or-selling-a-business-some-key-issues/#respond Tue, 10 Jan 2017 17:39:51 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=428 Whether you are buying or selling a business, the following checklist can help to avoid problems. 1. Sale Structure. Is the sale an asset purchase, stock or equity purchase or a merger? If an asset purchase, then the buyer typically chooses which assets or liabilities he/she wants. The price may be higher and the deal more complex however. If a stock or equity purchase, then there may be price...

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CELL PHONES: EXPANDING EMPLOYER LIABILITY http://bhglaw.com/cell-phones-expanding-employer-liability/ Tue, 10 Jan 2017 17:38:26 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=425 According to some scientific journals, drivers who use cell phones have slower reaction times and more accidents than drivers who are legally drunk. Recent court decisions may indicate an emerging trend in the law to impose liability on employers for injuries caused by their employees while using cell phones to conduct business while driving. As a recent example of cell phones and employer...

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ARIZONA’S ANTI-DEFICIENCY STATUTE PROVIDES HELP IF FACED WITH FORECLOSURE http://bhglaw.com/arizonas-anti-deficiency-statute-provides-help-if-faced-with-foreclosure/ http://bhglaw.com/arizonas-anti-deficiency-statute-provides-help-if-faced-with-foreclosure/#respond Tue, 10 Jan 2017 17:37:44 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=423 If you’re facing foreclosure in Arizona of your home or rental property, there is some good news. The Arizona anti-deficiency statute, A.R.S. 33-814 provides some relief with its new anti-deficiency statute. When a real estate loan secured by a deed of trust goes into default, the lender can elect to proceed with a trustee’s sale of the property to enforce its lien rights. The trustee’s sale of...

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AN OUNCE OF PREVENTION IS WORTH A POUND OF CURE: MANAGING DISPUTES WITH WRITTEN CONTRACTS http://bhglaw.com/an-ounce-of-prevention-is-worth-a-pound-of-cure-managing-disputes-with-written-contracts/ http://bhglaw.com/an-ounce-of-prevention-is-worth-a-pound-of-cure-managing-disputes-with-written-contracts/#respond Tue, 10 Jan 2017 17:34:43 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=421 Sooner or later, a legal business dispute may arise whether it is external (customer, contractor or vendor) or internal (employee, partner, or investor). Written contracts are good business even if the contracts are small. Taking the time to get the agreement in writing substantially increases your ability to resolve the dispute favorably. Sometimes litigation or arbitration cannot be avoided.

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ASSET PROTECTION: SINGLE MEMBER LLCS MAY NOT FULLY PROTECT ASSETS FROM CREDITORS http://bhglaw.com/asset-protection-single-member-llcs-may-not-fully-protect-assets-from-creditors/ http://bhglaw.com/asset-protection-single-member-llcs-may-not-fully-protect-assets-from-creditors/#respond Tue, 10 Jan 2017 17:31:43 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=419 Generally, LLCs are the preferred entities over corporations for asset protection. The major advantage is that if an individual member is sued in his or her individual capacity, a judgment creditor may only obtain a “charging order” against the member’s LLC interest. A charging order allows a judgment creditor to get paid only if the other members of the LLC decide to make a cash distribution to...

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WAIVERS OR ASSUMPTIONS OF RISK AGREEMENTS: WILL THEY PROTECT YOU FROM A LAWSUIT? http://bhglaw.com/waivers-or-assumptions-of-risk-agreements-will-they-protect-you-from-a-lawsuit/ http://bhglaw.com/waivers-or-assumptions-of-risk-agreements-will-they-protect-you-from-a-lawsuit/#respond Tue, 10 Jan 2017 17:31:05 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=417 Managing risks is something all people do (or hopefully do) whether in their personal lives or business. Especially so, if you engage in or sponsor activities that present a foreseeable risk of harm, such as giving horse riding lessons, operating a race track or allowing neighborhood kids to jump on the trampoline in the backyard. One tool to manage this risk is the use of “exculpatory contracts”.

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ESTATE AND TRUST LITIGATION: HELPING FAMILIES FIND CLOSURE IN DIFFICULT TIMES http://bhglaw.com/estate-and-trust-litigation-helping-families-find-closure-in-difficult-times/ http://bhglaw.com/estate-and-trust-litigation-helping-families-find-closure-in-difficult-times/#respond Tue, 10 Jan 2017 17:27:54 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=415 At Buntrock Law, our skilled estate litigation lawyer understands the emotional challenges that come with matters of trust and estate litigation. Often times, it may be necessary to go to court to challenge the validity of a Will or Trust. The reason for this is to make sure that the terms of a Will or Trust are properly administered or to recover money or property improperly taken by someone not...

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NONCOMPETE AGREEMENTS: DO YOU NEED ONE? http://bhglaw.com/noncompete-agreements-do-you-need-one/ http://bhglaw.com/noncompete-agreements-do-you-need-one/#respond Tue, 10 Jan 2017 17:22:36 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=412 In order to be enforceable, a non-compete agreement must be reasonable in both its length of time and the geographic territory. What is reasonable is subject to interpretation but the time and territory must be no greater than necessary to protect the employer’s legitimate business interest. Generally, this will be measured in how long it would take an employer to hire and train a replacement...

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HIRING A BUSINESS LITIGATION ATTORNEY http://bhglaw.com/hiring-a-business-litigation-attorney/ http://bhglaw.com/hiring-a-business-litigation-attorney/#respond Tue, 10 Jan 2017 17:20:28 +0000 http://buntrockgardner.buntrockharrisongardner.com/?p=409 Many situations may require the assistance of a skilled and experienced business lawyer, such as; starting a new business, hiring employees, signing a lease, entering manufacturing agreements, limiting your exposure to warranty claims, regulatory matters, protecting intellectual property, a non-compete agreement, buying or selling agreements, corporate or company mergers, acquisitions...

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