Prop 208

January 27, 2021

Written by: Ryan Beachum Jeffrey M. Manley May Potenza, Baran & Gillespie, P.C.; Phoenix On November 3, 2020, Arizona voters narrowly approved (51.75% voting “Yes”) Arizona Proposition 208, also known as the Tax on Incomes Exceeding $250,000 for Teacher Salaries and Schools Initiative (“Prop 208”). Prop 208 enacted a 3.50% income tax, in addition to…read more

With Blixseth, the Ninth Circuit Relaxes Its Grip on Third-Party Releases

August 17, 2020

Written by: Grant L. Cartwright Andrew A. Harnisch[1] May Potenza, Baran & Gillespie, P.C.; Phoenix For the last 25 years, third-party releases in chapter 11 plans were thought to be categorically prohibited in the Ninth Circuit. With its recent decision in Blixseth v. Credit Suisse, however, the Ninth Circuit Court of Appeals walked that prohibition…read more

SECURE Act and Your Estate Planning

August 5, 2020

Jeffrey M. Manley Thomas W. Dietrich Ryan Beachum One area you may want to re-visit at this time is your retirement accounts, such as a 401(k) or an IRA. During the final weeks of 2019, Congress and the President signed into law an update to the federal tax code known as the “SECURE Act”. The…read more

Trustee Notice to Creditors Protects Beneficiaries

April 9, 2020

Jeffrey M. Manley  Ryan Beachum  Trusts can be a useful tool in estate planning. Trusts provide the settlor (the “creator” of the trust) with added control over the distribution of his or her life’s work. They also allow for the protection of beneficiaries against creditors. Finally, trusts provide for the avoidance of Arizona’s probate requirements…read more

Recent Government Actions in Response to the Coronavirus and their Impact on Lenders and Landlords

April 7, 2020

Andrew Lishko Federal, state, and local governments are increasingly taking steps to ease the public health and economic problems caused by the COVID-19 pandemic. Some of these orders and announcements directly affect the businesses of landlords, property owners, and lending institutions. On March 17, 2020, Arizona Attorney General Mark Brnovich issued a letter to lending…read more

Force Majeure Clauses: Does The Coronavirus Pandemic Provide A Party Grounds To Get Out of A Contract?

March 27, 2020

Devin Sreecharana  Taylor Gustafson Force Majeure Clauses: Does the Coronavirus Pandemic provide a party grounds to get out of a contract? As businesses across the United States measure the economic impact of the Coronavirus Pandemic on their day-to-day operations, those facing a combination of high overhead expenses (or previously scheduled, pricey corporate events) and dwindling…read more

Summer Associate Program

May 14, 2018

May Potenza Baran & Gillespie would like to welcome Kathleen Shaffer and Alexander Daniel to our Summer Associate Program. The Firms Program introduces accomplished third year law students to the practice of law. Over the course of the summer, Kathleen and Alexander will gain practical hands on experience working with our attorneys and staff on…read more

Phoenix real estate lawyer

Keeping Your Vacation House in the Family

January 17, 2018

Jeffrey M. Manley 10 Reasons You May Want to Consider Talking to an Attorney If you own a vacation house long enough, eventually you may watch a family saga of some sort – Mom and Dad pass away, leaving the vacation house outright to four siblings who have never gotten along.  The four siblings, their…read more

Special Needs Trust

June 28, 2017

Jeffrey M. Manley Sometimes parents or grandparents set up trusts to benefit children or grandchildren, but when beneficiaries have special needs, a standard trust may not fill the bill. Generally, trusts are appropriate for transfers to minors since they protect the assets until the minor can handle the funds independently.  However, if a loved one…read more

Summer Associate Program, May 2017

May 24, 2017

The Firm recently welcomed Elizabeth May and Ryan Beachum to its Summer Associate Program. The Firm uses the Program as an opportunity to introduce accomplished third year law students to the practice by assigning challenging projects and allowing for direct participation in client meetings; observation of depositions, hearings, and mediations; and drafting of memos, briefs…read more