• Damien Meyer, Clean Elections Commission;
• Ernie Calderon, Board of Behavioral Health Examiners;
• Meaghan Kramer, Board of Behavioral Health Examiners Credentialing Committee;
• Jerry Worsham, Mining Advisory Council;
• April Hamilton, Board of Chiropractic Examiners

Robert Erven Brown and

Robert J. Hackett

While employers are expected to use the revised Form I-9 immediately for all new hires and reverifications, USCIS recognizes that certain employers will need time to update their business policies and procedures. Accordingly, employers may continue to use previously accepted versions of Form I-9 until May 7, 2013. After the expiration of this grace period on May 7, 2013, all employers will be required to use the new Form I-9. Please note, employers should not complete a new Form I-9 for employees who already have a Form I-9 on file. Additionally, while a Spanish version of the revised Form I-9 is available on the USCIS website, such is only allowed to be used by employers in Puerto Rico. Spanish speaking employers and employees in the United States may, however, use this form for reference in completing the English version of the revised Form I-9.

Ernest Calderón, a six generation native of the New Mexico Territory, represents individuals, businesses, cities, counties and school districts. As a decorated 30 year veteran of practicing law in Arizona courts, Mr. Calderón celebrates the diversity of his clients and cases. Growing up in the mining town of Morenci, Arizona, Mr. Calderón quickly realized he wasn’t cut out for the repetitive work of a copper miner and has devoted his legal career to helping people who have no other place to turn.

To read the full article in Attorney At Law Magazine, click here.

The Arizona Court of Appeals recently upheld $5.9 million judgment against Central Christian Church, located in Mesa and Gilbert, Arizona, and Amor Ministries, of California.  The verdict arose out of an accident on a mission trip to build a church in Mexico, coordinated by Central Christian and Amor.  While constructing the roof of the building, a trip participant stepped on an unsheathed rafter, fell through the unfinished roof and sustained multiple injuries.

The case demonstrates why churches should consider the risks presented by a mission trip and confirm that appropriate means are in place to fairly deal with an injury claim from a church member that may arise out of such a trip.  Several procedures should be considered.

First, the church should obtain a certificate of insurance from the mission agency to confirm that a valid insurance policy is in place and effective during the period of the trip.  The church should request that it be named as an additional insured on the mission agency’s policy, and if the trip is in another country, confirm that the policy covers events outside of the US.  The church should also consider obtaining a specific endorsement to its own insurance policy, or a separate policy, for out-of-country trips.

Second, the church should be sure that the mission agency provides adequate training, materials and supervision of the activities on the trip.  The church and the mission agency should document in advance what the agency will provide, and what the church is expected to provide.

Churches and mission agencies often require trip participants to sign liability waivers to participate in trips.  Any such waivers should provide that the participant is only waiving damages that exceed the amount of applicable church and agency insurance coverage.  This will allow the participant to benefit from any insurance coverage of the church or agency that applies to his or her loss.

Churches and mission agencies should also consider including in any waivers mandatory arbitration and mediation provisions, to prevent the dispute from being resolved by a secular jury.   Such terms can require that disputes be resolved in a process administered by a faith-based organization that assists parties that share common religious values that may impact their views on how a dispute between members of the same faith should be addressed.

If you would like assistance in developing an appropriate set of policies to fairly deal with injury claims that may arise out of mission trips, contact Scott Wakefield at swakefield@rhlfirm.com, or 602-254-9900.

Click Here to Download the Case Summary (pdf)

The purpose of this case summary and presentation is to explore the scope of the attorney-client and work-product privileges in Arizona, to study the procedures by which they are asserted in Arizona practice, and to identify certain differences and similarities between them. This presentation does not address experts or the privileges protecting their work.

The best place to begin in determining whether another company may be an “affiliate” for SBA purposes is to look at your corporate structure and the individuals or entities that hold an ownership interest in the company. For example, if an individual or entity owns a controlling interest in your company (Company A) and also owns a controlling interest in a second company (Company B), then Company B is an affiliate of Company A, even if the companies are in completely different industries. The effect of affiliation requires Company A to include all employees or gross receipts of Company B in its size calculations. Other examples of areas that need to be examined regarding shared control that could lead to “affiliation” include stock ownership, merger agreements, stock options, common management (officers and directors), economic dependency and family members

Does your business qualify as a “small business” under the Small Business Administration guidelines?

The U.S. Small Business Administration (SBA) was created in 1953 to assist “small businesses” in obtaining financial assistance and procuring contracts to work with the federal government. Many government agencies are required to set aside a certain percentage of their contracting opportunities for “small businesses.” Contracting with the federal government could be a lucrative opportunity for your company and is often underutilized by businesses. Many times companies are intimidated by the “red tape” associated with becoming certified as a small business. While some “red tape” must be cut, your company may be eligible to “self certify” as a small business and become eligible for these contracting/financial assistance opportunities with little administrative legwork.

The critical question for small business self-certification is the following: is my company a small business under SBA guidelines? The answer can be both simple and complex, depending on the nature, structure and ownership of your business.

The Federal Acquisition Regulations (FAR) set forth the guidelines for determining whether your company qualifies as a “small business.” The size determinations are industry specific. Industries are divided into specific groups under the North American Industry Classification System (NAICS) code. Each industry is given an NAICS code. The SBA established specific size benchmarks for each NAICS code. These size benchmarks include parameters such as the number of employees and the average aggregate amount of gross receipts for the past three years.

While the foregoing calculation seems simple, it is unfortunately complicated by several other factors. One of which is the requirement that each business must include its “affiliates” – as that term is defined by FAR § 121.103 – within the size calculations for its NAICS code. The term “affiliate” is both broadly and specifically hip issues.

If you would like assistance in determining whether your company may be eligible for SBA small business certification, please contact us.

“Both sides of my family came to Arizona in the late 1800s”, explains Bill.  “I grew up in Northern Arizona and was always fascinated by the Native American culture and art.  I began collecting over 30 years ago and initially centered on the Hopi and Navajo cultures.  That interest lead me to expand to other areas such as Pre-Columbian and Plains Indian art and artifacts.  I also became interested in collecting western art, sculptures and historical artifacts such as pieces made and owned by Geronimo, and other historical figures as Wyatt Earp, Doc Holiday, Billy the Kid, Custer and Sitting Bull.”

Bill continues, “I think it is important, especially with regard to certain western art and historical pieces, to retain those items within the State of Arizona because of their historical connection to Arizona.  I represent a number of artists and galleries centering around western art and sculpture.  I have always had a fascination with Arizona history and collecting allows me the opportunity to continue my “education” in Arizona history.”

LAW member firms are able to service the legal needs of clients expanding operations and relationships into new domestic and foreign markets due to the increasing globalization of the business world.