Published Articles - Gallagher & Kennedy

Published Articles Archive

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Bankruptcy & Creditors’ Rights

2/1/2022The Post-Discharge Injunction: A Cautionary Lesson for Litigators
1/27/2022Chapter 5: Fiduciary Duties in the Context of the Limited Liability Company
12/17/2018Those Buying a Business or Selling Should Beware in 2019
3/1/2013Beware of Fed. R. Bankr. P. 7008

Business Law & Transactions

4/1/2023Thinking of Starting an LLC in Arizona? Here are Five Duties You'll Need to Follow
4/1/2023What Businesses Need to Know About Arizona’s Sports and Event Betting Law
2/1/2023Top 5 legal pitfalls of “moving too fast” with your startup
3/1/2019Arizona's New Limited Liability Company Act: Fiduciary Duties and Indemnification
3/1/2019Arizona's New Limited Liability Company Act: An Overview
1/18/2017Arizona Takes Steps Toward Embracing Sharing Economy
11/1/2016Negotiation Points of a Commercial Loan
9/1/2016Pros and Cons of Holding Rental Properties Through LLC
8/1/2016Cell Towers on Private Property
7/1/2016Hackers and Pirates: Insuring for Cyber Risk
3/1/2016Picking the Right President and the Right Attorney
3/1/2016Reflecting on a New "AERA" in Arizona Business Law
1/1/2016Being Sued for a Bad Review?
9/1/2015Anti-puppy Mill Law Upheld
8/4/2015FDA to Begin Enforcement of Menu and Menu Board Labeling Rules
8/1/2015Who is Responsible for Traveling Students?
5/1/2015You've Been Served: Divorcing via Facebook
1/1/2015Body Cameras: Not a Cure, but a Step in Right Direction
12/1/2014The Contractual Provisions and What They Mean for You
9/1/2014Arizona Proof-of-Citizenship Voting Requirement Clarified
7/1/2014President Obama Expands Student Loan Repayment
6/4/2014Manure Use in Organic Agriculture – Does FDA or USDA Know Best?
5/1/2014What you Need to Know When Seeking Financing Options
5/1/2014S Corporations Revisited? Choice of Entity in Light of the 2013 Medicare Surtaxes
3/1/2014Starting a Business: Tips for Applying for a Loan
1/7/2014Starting a Business: One Size Doesn't Fit All
11/1/2013New Settlement may Mean Credit Card Surcharges
9/1/2013Recent Agency Bulletins Expand Consumer's Rights Against Debt Harassment
5/1/2013Adventures in Contract Negotiations: Common Pitfalls to Avoid
4/4/2012Legal Review Concerning the Use of Health Impact Assessments in Non-Health Sectors

Cannabis & Hemp Law

5/1/2023Starting a Cannabis Business? Here’s What Entrepreneurs Should Consider First

Criminal Law

4/1/2016Teetotaling Grandma Got a DUI

Employment & Labor Law

2/13/2018Not all Mandatory Employee Arbitration Clauses Benefit Employers
8/1/2017Minimum Wage Touched by Tip Pooling
6/29/2017Arizona Heat Wave Could be Hazardous to Employees’ Health
4/14/2017Has Your Tip Pool Encountered Cross Contamination?
4/4/2017Could Tip Pooling Put Local Restaurants Out of Business?
12/1/2016Scrooge Here, on How to Avoid the Holiday Party Hangover
11/21/2016How to Avoid a Holiday Party Fiasco
3/1/2016Stock Options and the Deferred Compensation Rules
3/5/2014Noncompete Agreements: Court Provides Prescription for Enforceable Restraints

Environmental

1/1/2023How to Respond to an EPA or State Enforcement Action
10/3/2022Environmental Health & Safety Considerations for Business Operations
9/1/2022Revisiting the Fertilizer Industry: A Response to Lopez
2/21/2018How Will Expansion of Chemical Safety Law Impact Arizona Businesses?
7/1/2014The Federal Campaign Against Resource Conservation and Recovery
5/14/2011One-On-One Interview
5/14/2010Electronic Waste Q&A

Franchising & Distribution

Government Affairs

10/1/2014Arizona Passes First Trampoline Park Regulations
5/1/2014Little Known Fact: Fantasy Sports Illegal in Arizona
2/20/2011Good Ideas Exist to Get Arizona Back on Track
5/24/2010Deb Gullett Speaks to the Arizona Republic

Health Care

Insurance

8/3/201510 Potential Pitfalls for Claims Handling in Arizona
6/1/2015Five Surprises for Insurance Companies in Arizona
8/1/2014Lesson Learned From Recent Underinsured Motorist Case
4/1/2014Is Your Business Insured?
10/1/2013Duties Insurance Companies Owe Their Insureds

Intellectual Property

Litigation

2/1/2016Arizona Civil Subpoenas 101
11/1/2015How to Collect Unpaid Money
10/1/2015Lowering the Cost of Litigation
11/1/2014Legal Controversies Raised by New Rideshare Trends
7/1/2013Revisiting McDonald's Coffee Case
3/1/2013Medicare Reporting in Liability and No-Fault Cases
3/1/2013Demonstrative Evidence
2/10/2012Lawyers Contribute to Public Good, Reap Rewards With Pro Bono Work
3/1/2011Expert Discovery
10/1/2010Construction Law: Personal Liability Without Personal Gain
12/1/2005Construction Defects and the Implied Warranty of Fitness and Habitability

Natural Resources

1/5/2021Points to Consider on ADEQ's Legacy Mine Remediation Efforts

Plaintiff’s Personal Injury & Wrongful Death

6/1/2020Maintaining a Consistent Fundraising Stream: Lessons Learned From COVID-19
3/1/2015Informed Consent
3/1/2013False Imprisonment: The Misunderstood Tort

Public Bidding & Procurement

Public Utilities

10/1/2016Arizona Supreme Court Rules on Broad Discretion in Utility Rates
2/1/2015The Fourth Branch of the Arizona Government

Real Estate

2/6/2018Here are the Challenges in Repurposing Commercial Projects
7/1/2017Challenges in Repurposing Commercial Projects
7/1/2015Three Reasons Title Reports are a Must Read for Real Estate Buyers
9/4/2014When Loss of Access to a Public Street Is Compensable: An Arizona Case Study
9/1/2014The Most Common Mixed-Use Issues
6/1/2014AZ Supreme Court Clarifies Damages for Loss of Access
3/1/2014Considering Outdoor Dining? Consider This First.
2/4/2014Condemnation Comp not Just for Landowners
2/4/2014Need 2 Know: Dealing with Condemnation Issues in the Recovering Economy
12/11/2013Court Clarifies Insurance
8/1/2013U.S. Supreme Court Sides With Owners of Property
3/1/2010Appraisal Malpractice - Who Can Sue and What Other Limits Apply

Securities

1/16/2017President-elect Trump Making Capital Great Again?

Sports Law

4/1/2013Sports Scores Big for Business

Tax Law