About Best Lawyers
Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 39,000 leading attorneys cast almost 3.1 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."

About Ryley Carlock & Applewhite
Ryley Carlock & Applewhite is a full service law firm of more than 100 lawyers with offices in Phoenix, Arizona, Denver, Colorado and Scottsdale and Sun City, Arizona. The firm has serviced the Southwest for more than 60 years with practices in financial services, litigation, employment law, environmental and water law, bankruptcy and creditors' rights and estate planning services. The firm also boasts one of the leading transportation practices in the region.

Shortly after President Barack Obama took office last January, he signed Executive Order 13496 (the "Order"). The Order requires certain federal contractors and subcontractors to post notices informing employees of their rights under federal labor law. On May 20, 2010, the U.S. Department of Labor ("DOL") Office of Labor-Management Standards ("OLMS") issued a final rule implementing the Order. The rule, which takes effect on June 21, 2010, identifies which federal contractors and subcontractors are required to post the notice, establishes the content of the notice, provides guidance on the manner and location of the posting, and sets forth penalties for noncompliance.

Coverage

The notice must be posted by federal contractors who have at least one covered federal contract of at least $100,000, and by the subcontractors (whether at the first-tier level or below) performing work necessary to the primary covered contract as long as their subcontract is greater than $10,000.

The reach of the Order is not limited to employers whose employees are unionized. There is, however, an exception to the posting requirement. Contractors and subcontractors that do not meet the definition of "employer" under the National Labor Relations Act ("NLRA") have no obligation to post the notice.

Content of the Required Notice

The required notice provides employees with information concerning their rights under the NLRA to join a union and to bargain collectively with their employer. The notice goes on to provide seven examples of illegal conduct by employers, and five examples of illegal union conduct. Importantly, the notice informs employees that they should contact the National Labor Relations Board ("NLRB") if they believe their rights or the rights of others have been violated, and it provides the NLRB's website address and toll-free number for that purpose. Notices and additional information are available on the DOL website at http://www.dol.gov/olms/regs/compliance/EO13496.htm.

Manner and Location of Posting

The notice must be conspicuously displayed in all places where notices to employees are customarily posted, as well as where employees perform activities related to the federal contract or subcontract. If an employer customarily posts notices to employees electronically, it must post the notice about NLRA rights electronically in addition to posting it physically. When posted electronically, the notice must be prominent, include a link to the DOL's website containing the full text of the notice, and must be labeled "Important Notice About Employee Rights to Organize and Bargain Collectively with Their Employers." Additionally, notice must be provided in languages used by "a significant portion" of the contractor or subcontractor's employees.

Enforcement

The regulations provide for compliance evaluations, complaints, complaint investigations, and enforcement procedures by the DOL's Office of Federal Contract Compliance Programs ("OFCCP"). Contractors and subcontractors that violate this notification rule may be subject to sanctions for noncompliance, including suspension or cancellation of an existing contract; debarment from future contracts; and inclusion on a list published and distributed by the Director of OLMS to all executive agencies listing the names of contractors and subcontractors declared ineligible for future contracts as a result of noncompliance with these requirements.

More Change to Come?

The new posting requirement marks the first time that employers have been required to proactively post a notice summarizing employee rights under the NLRA, and may lead to increased organizing activity and an increase in the number of unfair labor practice charges filed by employees with the NLRB.

Notably, with the new composition of the NLRB (See Labor Law Alert: Obama Delivers Change to the NLRB (April 5, 2010) http://bit.ly/bKjcbv) there has been speculation about the possibility that the NLRB will use its substantive rulemaking authority under Section 6 of the Act to issue a workplace rights notice not limited to government contractors, but applicable to all employers covered by the NLRA. A petition for such rulemaking has been pending before the NLRB since 1993. The petition states in part:

Employees . . . are generally unaware of their rights under the Act; indeed, it appears that most are even unaware of the existence of the Board and have no knowledge of what it is supposed to do. This is especially true of unorganized employees, notwithstanding that they are granted important and extensive rights under Section 7 of the Act: to form, join, or assist labor organizations, to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, or to refrain from any such activities. In view of the vast numbers of unorganized employees and the general misperception among unorganized employees that they possess few if any rights of the kind protected by this Act, there is a greater need for a general notice and posting requirement regarding Section 7 and related unfair labor practices . . . .

In 2007, then Board Member Wilma Liebman issued a statement before the Senate's Health, Education, Labor and Pensions ("HELP") Committee expressing her interest in administrative rulemaking. She said, "[r]emarkably, more than 70 years after the [NLRA] was passed, the Board does not require employers to post any notice informing employees of their rights under federal labor law, except three days before a scheduled election and as a remedy in cases where the employer has committed an unfair labor practice. The Board has never acted on long-pending petitions for rulemaking requiring such a notice. It is high time we did." Recently, Liebman, now Chairperson of the Board, has reiterated before the American Bar Association and the U.S. Chamber of Commerce that the NLRB intends to make greater use of rulemaking and remains particularly interested in the 1993 petition asking the Board to adopt a rule requiring employers to post workplace notices informing employers of their rights under the NLRA. The recently revamped NLRB has not yet done so, but that change may be on the near horizon.

Firm Welcomes Christian Beams as a Shareholder in its Phoenix Office

Ryley Carlock and Applewhite, a leading law firm in the West, with more than 100 lawyers, today announced the continued growth of its leading bankruptcy and creditors' rights practice, with the addition of Christian Beams.

Beams has represented debtors and creditors in numerous bankruptcy proceedings. Additionally, he represents various banking institutions in the prosecution and defense of various commercial disputes. With wide ranging litigation experience, Beams also resolves complex disputes for clients in matters such as securities litigation, shareholder issues and environmental and employment matters. He earned his law degree from Indiana University in 1999, and is a 1995 magna cum laude graduate of Arizona State University. He joins the firm from Stinson Morrison Hecker in Phoenix.

"Chris has the qualities of character and breadth of experience that make him a very fitting addition to a practice that is so vital as our economy works its way through to recovery," said Rodolfo (Rudy) Parga, Jr., Managing Shareholder at Ryley Carlock & Applewhite. "Our lawyers are focused on putting the client first, adding strategy and value. It is clear from his career, that is how Chris practices law, which is why we wanted him on the team," said Parga.

"Ryley Carlock is in growth mode," said Scott Jenkins, Jr., a shareholder in the creditor's rights and bankruptcy department and one of the firm's recruiting shareholders. "When we become aware of quality practitioners who are seeking a place where positive movement forward is the focus and where there are many opportunities to make an impact, we enjoy exploring possibilities. Chris is a perfect example of that process," said Jenkins.

The move comes a few months after the firm announced new offices in Scottsdale and the addition of John Lischer as a shareholder.

"I like and respect the people at Ryley Carlock & Applewhite very much, and admire what they are doing moving forward, that is what made this move compelling. This will be not only a great opportunity for me, but for my clients as well, as the firm has a deep bench of talented practitioners. The team is what convinced me this was the right next step for me," said Beams.

Beams new contact information is as follows:

Christian C.M. Beams
Ryley Carlock & Applewhite
One North Central Avenue
Phoenix, Arizona 85004
(602) 440-4818
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Watch the interview here!

The IRS has begun to enact its plan announced last fall to conduct random employment tax examinations of 6,000 U.S. companies over the next three years. The examinations will be conducted by specially-trained employment tax specialists, who will focus on worker classification - whether the person was an employee or technically a contractor.

The consequences of misclassifying workers are significant to the worker, the employer, and governmental agencies. Misclassifying contractors or even temporary laborers that the IRS feels should be treated as employees can cost companies massive amounts of money in terms of payroll taxes, penalties, and interest.

Ryley Carlock and Applewhite, the third largest law firm headquartered in Phoenix and with offices in Colorado, is combining its Chambers-USA ranked employment law expertise with its Chambers-USA corporate and tax expertise to both prepare and protect employers. The firm has formed a special task force practice area featuring leaders of its employment law, corporate and tax law, and employee benefits departments. The group works with companies to help prevent penalties and problems. For more information on the practice group, click here.

INTEGRATING ALL ASPECTS OF E-DISCOVERY INTO ONE SOLUTION
FOR COMPANIES TO REDUCE LEGAL SPEND IN LITIGATION.

2/24/2010

(Phoenix, Arizona) Ryley Carlock & Applewhite, a leading law firm which serves as e-Discovery counsel for clients nationally and for the past six years has operated a fifteen thousand square foot review and litigation unbundling center (see: www.legalonramp.com), serving some of the world's largest companies, today announced a comprehensive new offering for litigation departments faced with ever-mounting litigation fees.

The program, dubbed "I-3" enables litigation departments or outside law firms to have a single source solution and point of contact throughout the collection, processing review and production of the e-Discovery process. Under the umbrella of the firm's e-Discovery counsel, this single point solution provides clarity in pricing, expert project management, SmartReview, and defensible processes. The program provides single price bids for end-to-end discovery projects and single point billing solutions. The firm leverages its six years' experience in the evolving electronic discovery marketplace to match solution providers to projects, optimizing both price and performance.

"Most of us in the industry have realized that an end-to-end solution is the best offering we can make to our clients," said Bill McManus a founder of Ryley Carlock's Document Control Group. "But often attempts at partnerships can lock providers into solutions that may not be the best fit for the client in a particular matter. Our approach gives us the flexibility to bring all of our relationships to bear and to bring a simple, cost-effective solution to the client."

"We work with some of the leading law firms, and many of the largest companies in the country," added Matt Clarke, a founder of Ryley Carlock's Document Control Group. "The two things we have heard are they would like end-to-end project management, and they want clarity and value in price. I-3 does both." Clarke serves as national e-Discovery counsel to companies with operations nationwide.

How I-3 works. Companies in litigation, or law firms contemplating a case, or in search of a better enterprise-wide e-Discovery solution, can contact a shareholder in Ryley Carlock's Document Control Group. The group assesses the matter and makes recommendations or bids on the entire project, end-to-end, based on matching the right providers to the unique aspects of the case (or caseload for master service agreements), while serving as e-Discovery counsel. The firm then puts together an action plan which maximizes the value for the company, and the effectiveness of trial counsel, by making all aspects of the process clearly defined, clearly managed, and consistently communicated.

"The Document Control Group assists clients even further to the left of the EDRM model," said McManus, who has overseen retention and document strategy for multinational companies. "We work on the retention plans and continuous compliance of leading U.S. Companies. What I-3 does is bring all the elements of the process in one place. Clients can better predict costs and see what is occurring with clarity."

"We are often asked to plug in our SmartReview system into existing cases or to work in tandem with our network of solution providers, and we will continue to provide that service," said Clarke (who recently spoke at LegalTech 2010, regarding Project Management in Litigation and Discovery). I-3 combines that offering with our abilities as e-Discovery counsel, and maximizes our national and international network of solutions providers throughout the model. We are a leader at staying abreast of e-Discovery law (see www.rcalaw.com/e-Discovery) and guiding clients in compliance."

Under I-3, Ryley Carlock works in tandem with the litigation team to efficiently find the right documents they need, presents them in a most useful format, and does it in compliance with emerging e-Discovery law in a defensible manner.

Cost savings in discovery could be up to 30 percent in many matters and even more significant savings will come to companies who select the solution over multiple matters or jurisdictions. Clarity on price will strengthen the client and the law firm's side in all matters related to discovery and enable better planning and budgeting.

Why I-3?

Ryley Carlock brings to the e-Discovery marketplace the integrity of a 60-year-old leading regional law firm. The firm embraced e-Discovery as part of the process of solving a key issue for major clients, and has been innovating its approach for six years, contributing the definitive annual report on e-Discovery to Law Technology News in 2008 and 2009; participating significantly in the Sedona Conference for years; and seeking intelligent solutions for companies and law firms. "I-3" represents integrity, innovation and intelligence in e-Discovery.

What is SmartReview?

Our core team consists of licensed lawyers who are employees of the firm, and who have largely been working together on discovery matters for several years. They are hired by the law firm and are vetted just as any law firm associate or shareholder would be. We follow modern project management processes, which enable this qualified team to add value along the way of each review under the direction of the litigation team. The review team can prepare litigation and deposition notebooks or provide whatever support best serves the litigators. We find this "Smart" approach improves the accuracy of time estimates, builds stronger cases, and eliminates waste and excessive spend.

Ryley Carlock & Applewhite associate Julie Maurer has made service the hallmark of her legal practice - to her clients and to the community. Recently the Phoenix Business Journal highlighted that service attitude and her pro-bono legal work. Read the article. (Reprinted by permission)

Firm Welcomes Back Leading Trust and Estates Lawyer John Lischer and Opens Scottsdale and Sun City Offices.

Ryley Carlock and Applewhite, a leading law firm in the West with 120 lawyers, today announced an exciting development for the firm. John Lischer, who was an attorney and became a shareholder at Ryley Carlock & Applewhite from 1970 until 1995 prior to launching his own very successful trust and estates practice, rejoins the firm as of January 4, 2010. With that development comes the opening of two new offices for the firm: one in Scottsdale and one in Sun City, Arizona.

"John has developed a leading reputation in his area of expertise and his practice complements and strengthens our existing trust and estates practice. We now will offer even a broader range of services to our clients," said Rodolfo Parga, Jr., Managing Shareholder at Ryley Carlock & Applewhite.

John is a fellow in the prestigious American College of Trust and Estate Counsel and holds positions on many community boards. John is also a resident of Colorado, so he will be working to maintain and develop relationships in both Arizona and Colorado, the states in which Ryley Carlock has offices.

As of January 4, the  firm will have two additional locations:
 
Scottsdale Office:
Phone: 480 922-4684
8767 East Via De Ventura
Suite 270
Scottsdale, AZ 85258-3383

Sun City Office:
Phone: 623 933-8274
17220 N Boswell Blvd
Suite 102
Sun City, AZ 85373-2000

Email Addresses (as of January 4, 2010):
John Lischer - This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Ryley Carlock & Applewhite, one of the leading law firms in the West, with offices in Colorado and Arizona, today announced the election of three new shareholders at the firm, effective January 1. The 120 - lawyer law firm named W. Scott Jenkins, Jr., James M. Noble, and Melissa Schmucker as shareholders.

"This shareholder class epitomizes everything we try to be at Ryley Carlock & Applewhite," said Rodolfo (Rudy) Parga, Jr., Managing Shareholder. "These new shareholders provide tremendous value to their clients, are heavily involved in their communities, and constantly strive to be at the forefront of understanding the law in ways that provide outstanding client service and value. Most of all they are outstanding people who fit our firm values to the tee," said Parga.

Melissa Schmucker (Phoenix Office) practices primarily in the areas of real estate finance and development, representing institutional and private lenders in real estate and commercial loan transactions, loan restructurings and workouts, including loan syndications, borrowing base transactions and leasehold financing. Melissa's experience includes lender representation in mixed-use, condominium, office, retail, industrial and residential projects. Melissa received her J.D. from Notre Dame Law School, where she served on the Journal of Legislation as Assistant Notes Editor, and her A.B. degree in public policy studies from Duke University. Melissa worked as a policy and budget analyst at the Department of Health and Human Services in Washington, D.C.

James M. Noble (Denver Office) practices in the areas of water, energy, resources and environmental law. He advises firm clients on environmental, water and natural resources issues in New Mexico, Arizona and Colorado. Jim graduated cum laude from the University of New Mexico School of Law in 2002. During law school, Jim served as coordinating/Processing Editor of the Natural Resources Journal. Jim was elected to the Order of the Coif, and he received the Dean's award for significant contribution to the law school community and an award in Legal and Judicial Ethics. Jim received his B.A. in architecture from the University of New Mexico.

W. Scott Jenkins, Jr. (Phoenix Office) represents banks and other financial institutions in real estate and commercial loan restructuring and workouts, loan enforcement, foreclosures, receiverships and bankruptcies. Scott's commercial litigation practice consists of representing clients in general business and real estate disputes. Scott received his J.D. from Gonzaga University School of Law (2002), where he graduated cum laude and his B.A. from The University of Arizona (1999). This year, Scott was named to the Phoenix Business Journal's Top Forty under 40 and also selected to Class 31 of Valley Leadership's Leadership Institute. Scott is also a member of the board of directors for Junior Achievement of Arizona and Saint Mary's High School Scholarship and Benefit Fund.

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The Meritorious Service Medal is immediately superior to the Air Medal, and immediately behind the Defense Meritorious Service Medal, which he was awarded previously, in precedence.

U.S. Third Fleet is the Navy's numbered Fleet Commander responsible for training and certifying deploying five Carrier Strike Groups and four Amphibious Ready Groups, conducting Maritime Homeland Defense missions, including Ballistic Missile Defense of the United States, supporting Defense Support of Civil Authorities when requested by a state and directed by U.S. Northern Command, and acting as a Joint Force Maritime Component Commander in support of operations in the Pacific. Its area of responsibility is from the west coast of the United States to the International Dateline, and from the North Pole to the South Pole.

Chris is now the Commanding Officer of a Ship Support Unit in a LSD and LPD-17 Ship Class Squadron in San Diego, California. He has served in the U.S. Navy since 1990.

Wells Fargo Bank and Habitat for Humanity Partner on Green Build Blitz Legacy Project in Downtown Phoenix - Ryley Carlock lawyers join in on the fun.

Habitat is building a LEED Platinum Certified Net Zero Energy home in downtown Phoenix. A Net Zero Energy home has demonstrated through energy modeling software that it will, on a yearly average, consume the same amount of energy that it produces.

This is achieved through a wide range of design considerations when building including: the insulation and air tightness of the exterior walls and attic, the efficiency of the equipment installed, and the use of solar power.

This project has been selected as a Legacy Project for the 2009 GreenBuild International Conference & Expo, held at the Phoenix Civic Center in November 2009. The annual Greenbuild International Conference & Expo convenes the industry's largest gathering of representatives from all sectors of the Green building movement. 

Below are some photos of some of the RCA participants, Scott Jenkins, Andrea Palmer, Allison Weyer, Alexandra Hicks and Andy Kevsic (on the roof!), who joined the force at 6:30 a.m., on Veterans Day. Not captured on photo was Creditor's Rights and Bankruptcy shareholder John Fries, who was on top of the house applying new roofing in the early hours, before heading off to take a deposition.

Watch the interview here.

Read the latest Client Alert here.

Phoenix, AZ - August 20, 2009 - Valley Leadership is pleased to announce the members of Leadership Institute Class 31. The Leadership Institute is Valley Leadership's legacy program designed to inspire a new generation of local leaders to understand and appreciate community service and diversity, work for the common good, and inspire and empower others. Each year, approximately 50 individuals from diverse fields and backgrounds are selected through a competitive process to participate in the nine month institute beginning in September and ending in June. The program offers increased awareness and understanding of our community, leadership skills development, cultivation and opportunities for engagement, and a broader network of personal and professional relationships. 

Among the members of Class 31 is Ryley Carlock & Applewhite attorney Scott Jenkins.

Ryley Carlock and Applewhite Shareholder and IP Chair Renee L. Mitchell has been selected to Chair the 2009-2010 Executive Council for the Intellectual Property Section of the Arizona State Bar.

Renee counsels clients on trademark and copyright prosecution and litigation and trade name, trade secret and patent litigation issues. She assists corporations, small businesses and individuals with assignments, licensing, branding, opposition and infringement matters. Renee also works with clients on due diligence matters to ensure that proper protection and documentation are in place for intellectual property assets. Renee also handles domain name registration, transfers and dispute resolution. Renee actively works with clients in developing trademark usage guidelines and intellectual property strategies. She counsels large companies and emerging growth companies on a full range of intellectual property matters.

Renee also practices in the area of commercial litigation, specifically focusing on intellectual property issues. She first joined Ryley Carlock in 1998. She earned her law degree at Syracuse University and holds a Bachelor of Arts degree in Communications Studies and Public Relations from the University of Nevada, Las Vegas. In addition to active support and leadership in the Arizona State Bar, Renee is also admitted to practice in Nevada and is a member of the International Trademark Association.

Ryley Carlock & Applewhite is proud to announce that 13 of its attorneys have been named to the 2010 edition of Best Lawyers®.

First published in 1983, Best Lawyers is based on an exhaustive annual peer-review survey. For the new U.S. edition, more than 24,126 leading attorneys cast more than 2.8 million votes on the legal abilities of other lawyers in the same and related specialties.

Because of the rigorous and transparent methodology used by Best Lawyers, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."

Steven Naifeh, Managing Editor of Best Lawyers, says, "We continue to believe - as we have believed for 26 years - that recognition by one's peers is the most meaningful form of recognition in the legal profession."

Those at Ryley Carlock named to the list are:

Denver
Andrew A. Folkerth
Real Estate Law

Phoenix
James E. Brophy
Corporate Law

Cynthia M. Chandley
Water Law

John Fries
Bankruptcy and Creditor-Debtor Rights Law

John Lemaster
Commercial Litigation

Michael D. Moberly
Labor and Employment Law

Nathan R. Niemuth
Labor and Employment Law

Rodolfo Parga, Jr.
Commercial Litigation

Robert J. Pohlman
Mass Tort Litigation

Michael Ripp
Banking Law

Sheryl A. Sweeney
Environmental Law
Natural Resources Law
Water Law

William F. Wilder
Public Finance Law

Jenny J. Winkler
Water Law

Read the latest on Arizona Senate Bill 1271, click here.

Lilly Ledbetter Fair Play Act Receives President's Signature

Read it here: http://www.rcalaw.com/Publications/Labor-and-Employment/President-Signs-Lilly-Ledbetter-Fair-Pay-Act.php

Ryley Carlock and Applewhite Phoenix and Denver Teams with Major Law Firms to Provide Cost Effective, High Quality Document Review

In a high pressure economic environment, for both corporate legal departments and law firms, and in an era of increased scrutiny of legal bills and document review practices, Ryley Carlock and Applewhite announced today its Law Firm Partnering Program.

Under the program, law firms across the country can partner with the Ryley Carlock's nationally recognized Document Control Group (DCG) to offer their clients high quality, cost effective document review and other litigation support services at extremely competitive prices. Under the partnering program, law firms are given full access to DCG's experienced, efficient, and cohesive review teams to help manage document reviews of all sizes. Law firms can manage the reviews at the DCG's facilities in Phoenix, Arizona or allow DCG to manage the projects for them. Either way, the firm has complete access to DCG"s litigator toolkit -- which enables law firm lawyers to optimize review by getting ongoing feedback on document content, case assessment, and theory validation. DCG has provided support for a number of law firms on document review projects, including several members of the American Lawyer "A-List."

"We have an acute appreciation for how difficult it has historically been for law firms to recruit and organize review teams, and manage those teams during large document reviews, in what has become an increasingly complicated and judicially scrutinized e-Discovery process ... we just make this whole process easier for everyone" said Matthew Clarke, shareholder at Ryley Carlock and founding member of the firm's DCG. "The Law Firm Partnering Program simply broadens our umbrella and basically offers to all law firms what many firms have been taking advantage of for years," said Clarke, "the more uniform and cohesive this process becomes, the better it will be for courts, law firms, and corporate legal departments everywhere."

"Many law firms provide review services on cases of a certain scale, or look to large staffing agencies for contract lawyer review on larger cases," said William McManus, shareholder at Ryley Carlock and founding member of the firm's DCG. "What we offer is a value-added alternative for law firms. We are an appendage of their firm without the overhead, but with the level of control and feedback that helps them perform at their absolute best for their clients," he said. "As another law firm assisting, we can stand behind our work and give firms confidence when they make representations to the court," said McManus. "We are also extremely adaptable ...we can start tomorrow with no assembly required," he said.

Under the Law Firm Partnering Program, firms who become partners can receive as much as a 12 percent discount off the DCG's review rates. DCG is available to manage all aspects of e-Discovery projects, including data mapping, custodian interviewing, preservation, collection, filtering, processing, review, and production. Firms wishing to find out more about the program should contact Paul Ward at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , or call (602) 440-4811. More information about the DCG can be found at www.rcalaw.com/e-Discovery

Partnership arrangements will be tailored to individual firm needs and will take into consideration any issues of client conflicts or other related matters.

The University of Arizona James E. Rogers College of the Law Convocation recently featured an address from Law College Association President and Ryley Carlock and Applewhite Shareholder Jeff Simmons. 

Simmons, above at the podium during his address on May 16, noted that the new class joined a network of nearly 7,000 alumni around the world who "serve each other, their communities, their profession, and the College that launched their lives in the law."

Simmons graduated from the University of Arizona College of the law in 1986, and serves as Chair of the Litigation Department at Ryley Carlock & Applewhite.

Conference to Cover Critical Arizona Energy Issues
(Phoenix, Arizona) The Environmental and Natural Resources Law Section ("ENRLS") of the State Bar of Arizona is hosting a one-day Arizona's Energy Future conference on April 22, 2009 at the Sheraton Phoenix Downtown Hotel, 343 N. 3rd Street, Phoenix, Arizona.

The Arizona's Energy Future conference will feature speakers with varied perspectives directly related to energy generation, transmission, development, delivery, and consumption in Arizona. Arizona's energy infrastructure needs will increase a tremendous amount in coming years, and Arizona is poised to provide a great deal of alternative energy generation capacity for use in Arizona and other states. Arizona's rapidly-changing energy environment raises a host of issues that will be discussed at this conference, including:

• How are Arizona businesses planning for sustainability and efficient use of energy?
• What kind of new generation capacity will be constructed in Arizona?
• How will energy boost our state's economic development?
• How and when will we achieve conservation?
• How will energy growth impact the environment?
• Will state government or federal government determine transmission line designs and locations?
• Who will pay for new energy infrastructure?
• How will climate change initiatives affect energy development?

Speakers will include:

• Phil Gordon, Mayor, City of Phoenix
• Gary Pierce, Commissioner, Arizona Corporation Commission
• Edward Fox, Vice President and Chief Sustainability Officer for Arizona Public Service
• Richard Hayslip, Associate General Manager, Environmental, Human Resources, Land, Risk Management and Telecom, Salt River Project
• Philip Dion, Vice President of Legal and Environmental Services, Tucson Electric Power
• Sally Gestautas, Raytheon
• Barry Broome, Greater Phoenix Economic Council (Invited)
• Lucy Mason, District 1 Representative, Arizona House of Representatives
• Laurie Woodall, former ACC Line Siting Commission Chairman
• John Foreman, current ACC Line Siting Commission Chairman
• Dr. Rick Shangraw, Vice President for Research and Economic Affairs, ASU
The Arizona's Energy Future conference is open to the public, but prior registration and payment are required. Please contact Teri Yeates at (602) 340-7312 to register, or contact Michele Van Quathem at (602) 440-4873 for additional information. See the agenda at http://members.cox.net/energyfuture

ENRLS is a non-partisan group of over 400 attorneys and consultants practicing in the environmental, energy, natural resources, and water law practice areas.

The County Assessor has mailed out valuation notices to the owners of real property setting forth the Assessor's proposed real property valuations for the 2010 tax year. The Assessor is required to value all real property in the County by December 15th of each year, and the valuation notices are required to be mailed by March 1st. The notices are usually sent out between January 15th and the end of February, and address to establish the valuation of the real property for the tax year following the year in which the notices are sent. If you were not the owner of the property on that date, then you may not receive a valuation notice. These valuations are available online at www.maricopa.gov/assessor. 

SECURITIES LAW UPDATE:
SEC REQUIRES ELECTRONIC FILING OF FORM D

Starting on March 16, 2009, companies selling securities under Regulation D must electronically file Form D with the Securities and Exchange Commission ("SEC").  Read the full detail here.

Does an Arizona monetary judgment expire?

In Arizona, a monetary judgment expires five years after the date of its entry, unless the judgment is renewed. A judgment may be renewed by instituting an action or filing a renewal affidavit within ninety days of the five year period with the clerk of the proper court. An Arizona judgment lien must also be renewed within the five year period by recording a certified copy of the renewal affidavit with the applicable county recorder's office. As long as the judgment creditor complies with the renewal requirements, there is no limitation on the number of times a judgment or judgment lien may be renewed.

W. Scott Jenkins, Jr.
602.440.4890
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
www.rcalaw.com

Robert Shuler, a shareholder at Ryley Carlock & Applewhite, has been appointed by Governor Janet Napolitano as the agricultural representative on the Water Quality Assurance Revolving Fund Board.

The Water Quality Assurance Revolving Fund (WQARF) was created under the Environmental Quality Act of 1986 to support hazardous substance cleanup efforts in the state. The fund is comprised of legislative appropriations, cost recovery from responsible parties, corporate income tax and special fees, and is applied to sites identified as most in need of cleanup statewide.

Shuler has 30 years of governmental, legal and business experience in Arizona and California and advises a wide array of clients in the West on legal and governmental affairs.

Contribution Will Benefit the Mike Brophy Scholarship -- Beginning in 2009

Background on the Mike Brophy Scholarship:

The Mike Brophy Scholarship is a living tribute to distinguished lawyer, family man and friend. The Mike Brophy Scholarship was established at the Sandra Day O'Connor College of Law at Arizona State University with a matching grant from Phelps Dodge Corporation. The scholarship honors Mike Brophy, a member of the Class of 1977, who spent his entire legal career at Ryley Carlock & Applewhite. Mike was a man of few words who valued honesty, courage and loyalty above all other traits. During his career, Mike became nationally recognized as a water lawyer. He served as the Arizona Representative to the Western States Water Council from 1991-2002 and served as Chairman of the Council from 2000-2002. Mike was also the Chairman of the Water Policy Committee for the Greater Phoenix Chamber of Commerce. Mike was perhaps most proud of his work negotiating and securing the enactment of legislation by the United States Congress involving water rights and settlements with the Gila River, Salt River Pima-Maricopa, Fort McDowell, and Ak-Chin Indian communities, and the San Carlos Apache Tribe.

Mike built the firm's natural resources practice and served as the group's practice leader. He served as the firm's managing partner from 2003 to 2004. In addition to his leadership at the firm, Mike was recognized for his water law expertise by several organizations, including the Chambers USA America's Leading Lawyers for Business: The Clients Guide, The Best Lawyers in America, and the Who's Who Legal USA: Environmental.

Mike's retirement goal, personally unattainable because of his untimely passing, was to work to further the goals of non-profit organizations. By contributing to the Mike Brophy Scholarship, you are helping to fulfill Mike's vision. The proceeds of the scholarship are awarded to students who share Mike's vision and who could not otherwise afford a legal education. If you would like to join the effort to honor Mike and assist a student in fulfilling his or her dream of obtaining a legal education, contribute online at law.asu.edu/give .

Oldest and Highly Respected Peer Review Publication Cites Two New Faces for Firm

(PHOENIX, ARIZONA and DENVER, COLORADO) Ryley Carlock & Applewhite, a leading law firm in the Southwest, today acknowledged that 13 of its lawyers will be listed in The Best Lawyers in America . The Best Lawyers publication is among the oldest and most respected peer-review publications in the legal profession. The primary purpose of the publication is to help lawyers and clients find legal counsel in unfamiliar jurisdictions or unfamiliar specialties. Among the Best Lawyers is Rodolfo Parga, Jr., Managing Partner of Ryley Carlock..

Best Lawyers reports it compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 15th edition of The Best Lawyers in America (), is based on more than two million detailed evaluations of lawyers by other lawyers.

Ryley Carlock & Applewhite lawyers named in the 2009 edition are:

• Andrew A. Folkerth, Denver, Real Estate law
• James E. Brophy, Phoenix, Corporate Law
• Cynthia M. Chandley, Phoenix, Water Law
• Charles L. "Rusty" Chester, Phoenix, Labor and Employment Law
• N. Warner Lee, Phoenix, Commercial Litigation
• John C. Lemaster, Phoenix, Commercial Litigation
• Michael D. Moberly, Phoenix, Labor and Employment Law
• Nathan R. Niemuth, Phoenix, Labor and Employment Law
• Rodolfo Parga, Jr., Commercial Litigation
• Robert J. Pohlman, Phoenix, Commercial Litigation
• L. William Staudenmaier, Phoenix, Water Law
• Sheryl A. Sweeney, Phoenix, Natural Resources Law, Water Law
• William F. Wilder, Phoenix, Public Finance Law

James E. Brophy, III (Business and Corporate Law)

Carolann C. Bullock (Employment Law)

Michael D. Moberly (Employment Law)

Nathan R. Niemuth (Employment Law)

Rodolfo Parga Jr. (Litigation - Firm Managing Shareholder)

L. William Staudenmaier, III (Water and Environmental Law)

Sheryl A. Sweeney (Water and Environmental law)

Ryley Carlock & Applewhite is a firm of more than 100 lawyers, with offices in Phoenix and Denver. Its practices concentrate on areas of law most vital to the region, ranging from business and banking, to employment and bankruptcy, and include one of the leading water, energy, resources and environment practices in the West.

Mr. Kash has also been Appointed Chair of Alternate Dispute Resolution Committee for 2008.

David W. Kash, a shareholder at Ryley Carlock & Applewhite, was recently named to the Foundation Board of Directors of the International Association of Defense Counsel (IADC). This prestigious group of 2,500 peer-reviewed lawyers, who are members by invitation only, was established in 1920 as a way to serve its distinguished membership of international corporate and insurance counsel, and take a leadership role in many areas of legal reform and professional development. Mr. Kash has been a member of the organization since 1998, has been a frequent author and speaker at IADC programs, and just completed his four-year Chairmanship of its Fidelity and Surety Committee.

Morrison School of Management and Agribusiness at Arizona State Honors Ryley Carlock & Applewhite Shareholder Robert L. Shuler

Robert L. Shuler, a 30-year veteran of governmental, legal and business experience in Arizona and California, and a shareholder at the law firm of Ryley Carlock & Applewhite, received Recognition for Outstanding Service to Agribusiness from the Morrison School of Management & Agribusiness at Arizona State University on March 27, 2008. Shuler is known as a strong advocate for agriculture and Rural Arizona. His current clients include Western Growers, the trade association representing the fresh fruit and vegetable industry in Arizona and California, the Arizona Pork Council, Pinal Energy, Caljet, Hickman Family Farms, Roosevelt Water Conservation District, the Town of Chino Valley, the Town of Williams, Arizona Crop Protection Association, Western Plant Health Association, and CropLife America. The award was given as part of the Morrison Luncheon, an annual event to bestow honors on students, alumni and community members who have advanced the causes of agribusiness in the past year.

Rodolfo Parga, Jr., Managing Shareholder of 100-lawyer Ryley Carlock & Applewhite was recently named to the Super Lawyers® Corporate Counsel Edition's list for lawyers in Arizona. Parga is among a select few in the state to be named to the list of business litigators.

Parga is the firm's Managing Shareholder. He also served as the Head of the Ryley Carlock & Applewhite Litigation Practice Group.  Parga's commercial litigation practice includes representing clients in all types of business related disputes, including breach of contract, trade secret litigation, securities industries disputes, lender liability, racketeering, and construction claims.  He also has an active employment law practice, where he handles non-compete, harassment and other related cases.  His clients include companies such as Bank of America, Qwest Communications International, Inc., Morgan Stanley DW Inc. and Chas Roberts Air Conditioning, Inc.

In addition to a robust law practice, Parga is extensively involved in the community. He is a member of the Arizona Industrial Relations Association; is on the Board of Directors, and serves as Secretary to Chicanos Por La Causa; serves on the Board of Directors of Prestamos Small Business Lending; and is an active recruiter in Arizona for Amherst College, where he was a starter on the football team as an undergraduate.  Parga received his law degree from The University of New Mexico School of Law.

Ryley Carlock & Applewhite is a firm of more than 100 lawyers, with offices in Phoenix and Denver.  Its practices concentrate on areas of law most vital to the region, ranging from business and banking, to employment and bankruptcy, and include one of the leading water, energy, resources and environment practices in the West.

At some point during the life of a commercial real estate loan, a lender may need to foreclose upon the project securing the loan.  This Guide, authored by Michael Ripp, describes Arizona commercial real estate foreclosures from the lender's perspective, commencing with the lender's initial decision to demand payment and pursue its remedies.  See the guide here.

Rodolfo Parga, Jr. tells Latino Perspective his views about leadership. Read the profile here.

Ryley, Carlock & Applewhite shareholder Mike Moberly's article, The Disability History Mystery: Assessing the Employer's Reasonable Accommodation Obligation in "Record of Disability" Cases, was published in the December 2007 issue of the Pepperdine Law Review.  In this article, Moberly explores the question of whether an employer's duty to accommodate a disabled applicant or employee's impairments under the Americans With Disabilities Act is broad enough to apply in cases in which the individual is no longer disabled, but instead is protected by the act solely by virtue of having a history, or "record," of a prior disability.  The article discusses the limited, and conflicting, case law addressing this issue to date, and ultimately concludes that the extent to which employers are required to accommodate individuals with a disability history is likely to be resolved by the courts on a fact‑specific, case-by-case basis, just as accommodation claims are presently resolved in the "actual disability" context.

Law Week Colorado has named Jim Sanderson, Chair of the firm's Water, Energy, Resources and Environment Practice Group, as its Environmental Lawyer of the Year for 2007.  Read the article here.

Lorrie Luellig, a shareholder in the firm and a principal in its Document Control Group will present at the 4th annual Compliance, Governance and Oversight Council (CGOC) Summit, to be held on January 23-25, 2008 in Palm Springs, California.

The CGOC is highly regarded as the most substantive corporate executive think tank. It was founded in 2004 by President and CEO of PSS Systems Deidre Paknad as a corporate practitioners' forum focusing on the intersection between retention and preservation. The goal of the organization is to create a high level quality executive level exchange of expertise and information on these issues. CGOC participation is limited to corporate managers and executives with responsibilities for litigation, discovery, and retention and records management and to outside counsel and professionals who have specific expertise in these areas. For more information on the CGOC visit http://www.cgocouncil.com/.

Luellig's session will focus on how to transform legacy paper records schedules to a modern retention program that addresses retention lifecycles for information across electronic data sources. As a subject matter expert, Luellig will explore the false promise of a big bucket approach to retention management and will address the biggest mistakes companies make. She'll share best practices for a modern retention program that's relative across businesses. She will also join executives from Citigroup and First Data Corporation to lead an interactive discussion on the future of records retention practices by the year 2010. Learn more about the Document Control Group.

About CGOC

The CGOC is a community of experts in retention and preservation. Its charter is to create a forum in which legal and compliance executives can get the insight, interaction, and information they need to make good business decisions. It fulfills its charter through an annual CGOC Summit, educational lunch series, executive workshops, and fall working sessions. CGOC Sidebar is a forum for outside counsel assisting corporate clients with preservation and retention programs. The organization was founded by Deidre Paknad, CEO of PSS Systems and a visionary in retention and preservation solutions, to create a continuing, high quality executive level exchange of expertise and information on these fast-changing business issues. For more information visit www.cgocouncil.com

(Phoenix, Arizona and Denver, Colorado) Ryley Carlock & Applewhite, a leading Southwest law firm with offices in Phoenix and Denver, today announced its shareholders have elected Rodolfo (Rudy) Parga, Jr., 39, as the firm's Managing Shareholder. Parga succeeds Michael D. Moberly in the role. Moberly has served in the post since 2004.

"We've always been a team here, and I can't think of a better individual to whom to hand the baton than Rudy Parga," said Moberly, who served as chair of the firm's Labor and Employment Practice Group prior to his term as Managing Shareholder, and will continue his own active practice in that area. "Rudy is not only a terrific lawyer, but an effective leader. He has the vision and tenacity to make things happen," said Moberly.

Parga is a member of the firm's Executive Committee. He also served as the Head of the Ryley Carlock & Applewhite Litigation Practice Group. Parga's commercial litigation practice includes representing clients in all types of business related disputes, including breach of contract, trade secret litigation, securities industries disputes, lender liability, racketeering, and construction claims. He also has an active employment law practice, where he handles non-compete, harassment and other related cases. His clients include companies such as Chas Roberts Air Conditioning, Inc., Transnational Financial Network Inc. ,U-Haul International, Inc. Qwest Communications International, Inc. Morgan Stanley DW Inc. and Building Material Distributors, Inc

In addition to a robust law practice, Parga is extensively involved in the community. He is a member of the Arizona Industrial Relations Association; is on the Board of Directors, and serves as Secretary to Chicanos Por La Causa; serves on the Board of Directors of Prestamos Small Business Lending; and is an active recruiter in Arizona for Amherst College, where he was a starter on the football team as an undergraduate. Parga received his law degree from The University of New Mexico School of Law.

"Ryley Carlock & Applewhite has been an incredible place to practice law," said Parga. "The spirit that permeates the practice is one of enthusiasm and intellect, and of being ready for whatever challenges may come. It's an honor to serve the firm and the communities it serves in this new capacity. It is an honor to follow in the footsteps of people like Mike Brophy and Mike Moberly, and those who came before who built the firm. As we celebrate 60 years in business next year, we'll be moving forward to serve ever more effectively and innovatively," said Parga.

Ryley Carlock & Applewhite is a firm of more than 100 lawyers, with offices in Phoenix and Denver. Its practices concentrate on areas of law most vital to the region, ranging from business and banking, to employment and bankruptcy, and include one of the leading water, energy, resources and environment practices in the West.

Christopher Siegle, a shareholder in the firm’s Business, Employee Benefits and Estate Planning groups, was awarded the Defense Meritorious Service Medal by United States Northern Command in a ceremony at the NORAD and U.S. Northern Command Headquarters on November 13, 2007. The citation on his award reads:

  11 Ryley Carlock & Applewhite Lawyers Named Best Lawyers ® in America 2008
Oldest and Highly Respected Peer Review Publication Cites Three New Faces for Firm

(PHOENIX, ARIZONA and DENVER, COLORADO) Ryley Carlock & Applewhite, a leading law firm in the Southwest, today acknowledged that 11 of its lawyers will be listed in The Best Lawyers in America 2008. The Best Lawyers publication is among the oldest and most respected peer-review publications in the legal profession. The primary purpose of the publication is to help lawyers and clients find legal counsel in unfamiliar jurisdictions or unfamiliar specialties.

Best Lawyers reports it compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 14th edition of The Best Lawyers in America (2008), is based on more than two million detailed evaluations of lawyers by other lawyers.

Ryley Carlock & Applewhite lawyers named in the 2008 edition are:
• Andrew A. Folkerth, Denver, Real Estate law
• James E. Brophy, Phoenix, Corporate Law
• Cynthia M. Chandley, Phoenix, Water Law
• Charles L. “Rusty” Chester, Phoenix, Labor and Employment Law
• N. Warner Lee, Phoenix, Commercial Litigation
• John C. Lemaster, Phoenix, Commercial Litigation
• Michael D. Moberly, Phoenix, Labor and Employment Law
• Nathan R. Niemuth, Phoenix, Labor and Employment Law
• L. William Staudenmaier, Phoenix, Water Law
• Sheryl A. Sweeney, Phoenix, Natural Resources Law, Water Law
• William F. Wilder, Phoenix, Public Finance Law

Ryley Carlock & Applewhite is a firm of more than 100 lawyers in the Southwest with offices in Phoenix and Denver. Its practices concentrate on areas of law most vital to the region, ranging from business and banking to employment and bankruptcy, and include one of the leading water, energy, resources and environment practices in the West.
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