Entries by damg

Summary Judgment in Retaliation Claim Against Town of Quartzsite

U.S. District Court Judge Mark Aspey granted the motion, which imposes liability on all defendants for the wrongful termination action. In 2011, police officers filed complaints against Gilbert with the Town Council, the Department of Public Safety and the Arizona Peace Officer Standards and Training Board, the state’s law-enforcement certification agency. Among other things, the […]

Court of Appeals Vacates Punitive Damage Award Against Insurance Company

This lawsuit involved a claim by the insured that the insurance company engaged in bad-faith claim-handling by underpaying on a theft loss claim. The jury awarded the plaintiff $750,000 in punitive damages, more than seven times the amount awarded for the underlying damages. The argument which prevailed was that the evidence fell short of proving, […]

A Long-Standing Commitment to Diversity

Since our founding in 1999, Schneider & Onofry has consistently demonstrated a commitment to recruiting and fostering the development of lawyers and staff with diverse backgrounds and experiences, and to achieving a collegial, supportive work environment in which they are encouraged to pursue their full potential. At Schneider & Onofry, diversity and inclusiveness are core […]

Division of Fees with Referring Attorneys

When attorneys refer cases to Schneider & Onofry, we never increase the contingency fee to cover the fee division. We regularly accept referrals in compliance with ER 1.5(e), and we strive to serve the client’s needs and justify the referring attorney’s confidence in us. The Arizona Rules of Professional Conduct allow attorneys to refer contingency […]

Part IV: Contracts and Insurance

Business Contracts Virtually every business is involved to one extent or another with contracts, whether it be a contract with an employee, independent contractor, vendor, or customer. The idea behind a contract is simple: it is simply an understanding of “the deal” that exists between two parties. Most contracts can be just a verbal discussion […]

Part III: Intellectual Property Rights

Intellectual property rights include patents, copyrights, tradenames, trademarks, and trade secrets. How are they different from each other? Patents A patent is a property right granted by the United States Patent and Trademark Office, which protects the creator of an invention, process, or machine by preventing others from making or selling that invention or idea […]

Part II: Basic Labor and Employment Laws

Employment Laws Which Apply to All Businesses of Any Size Fair Labor Standards Act requires that you pay employees a corresponding minimum wage as well as overtime. Immigration & Reform Control Act requires that you hire only those who can work legally in the U.S. and maintain up-to-date I-9 forms for all employees. ERISA applies if you have […]

Part I: Starting Your Business and Avoiding Litigation

You will see that this manual covers a lot of different topics (see major topics at left). Each topic has its own immense body of law with many details. As a result, today’s business requires access to a number of different professionals. Legal consultants Accountants and bookkeepers IT professionals Banking and investment professionals Benefits specialists […]

Intellectual Property of Professional Athletes

Professional Athlete’s Survival Guide – 2018 Intellectual property is a form of intangible assets that, for many athletes, has great financial value. Sports business transactions involving sponsorship, merchandising, broadcasting, and media deals generally include intellectual property rights. In the sports industry, intellectual property rights are rampant because they apply to teams, sponsors, athletes, and even […]

Negotiating Contracts for the Young Athlete

As professional sports become more lucrative, more athletes are signing contracts with teams, agents and sponsors at an early age. Of course, teams have negotiated hundreds, if not thousands, of contracts, and the prospect of dealing with them may be intimidating. This is one reason why many athletes turn to sports agents and lawyers to […]