Ryley Carlock & Applewhite, a leading regional law firm serving the West from offices in Arizona and Colorado, today announced it has appointed L. Shannon Bryant as the Executive Director of the Firm. Bryant, who has served at Ryley Carlock for 17 years overseeing HR and other administrative functions, will oversee all administrative and support operations of the firm, including IT, human resources, office support and finance.

"Shannon has been an invaluable asset to Ryley Carlock and Applewhite throughout her career here, and never more than in recent years as the firm has grown substantially," said Rodolfo (Rudy) Parga, Jr., Managing Shareholder of the firm.

"We are grateful that 2011 turned out to be a very strong year for the firm, and that we were an important part of helping our clients meet their business goals and objectives," said Parga. "Shannon's leadership and the performance of the entire administrative team played a critical role, in that success and will do so in the future," he said.

Ryley Carlock & Applewhite has approximately 120 lawyers in Arizona and Colorado, and operates a nationally recognized practice area known as "DCG," or Document Control Group, which assists companies and other law firms in the management and review of electronically stored information (ESI) and hard copy information. DCG has review centers in Phoenix and Michigan, and 2012 may bring further expansion to that effort. The firm is also actively recruiting and hiring lateral attorneys. In 2011, the firm added 11 lawyers in Denver from the former Isaacson Rosenbaum law firm, and also recently added a corporate and securities associate to its growing corporate practice in Phoenix. The firm and many of its lawyers are listed in Chambers and Partners, Super Lawyers and in Best Lawyers, and the firm is rated as a Top Tier law firm in banking and finance by U.S News and World Report.

"As we continue to grow, we are focused on creating a dynamic environment where professionals can develop a very successful career -- among our lawyer ranks, and, as in Shannon's case, among our outstanding administrative support," said Parga.

Arizona Court of Appeals Holds that Anti-Deficiency Statues Protect a Borrower Who Intends to Construct Qualifying Residential Property

On December 27, 2011, the Arizona Court of Appeals (Div. 1) ruled that the Arizona anti-deficiency statute prohibits a lender from pursuing a deficiency judgment after conducting a trustee's sale on an unoccupied, partially completed residence.  M&I Marshall v. Mueller, 624 Ariz. Adv. Rep. 23 will have a sweeping impact on a lender's right to obtain a deficiency judgment in Arizona. 

A.R.S. § 33-814(G) - known as the anti-deficiency statute - prohibits an action for a deficiency judgment on trust property that is (i) less than two and one-half acres;  (ii) limited to and utilized for either a single one-family or a single two-family dwelling; and (iii) sold pursuant to the trustee's power of sale.  Before Mueller, it was generally understood that the anti-deficiency statute only applies when the lender conducts a trustee's sale on property actually utilized as a dwelling.

In Mueller, the borrower obtained a construction loan from M&I Bank to build a single family residence on their vacant lot.  Subsequently, the borrowers defaulted under its loan and M&I Bank conducted a non-judicial trustee's sale under A.R.S. § 33-814.  After the trustee's sale, M&I Bank timely filed a lawsuit seeking a deficiency judgment.  The borrowers moved to dismiss the lawsuit based on the protections afforded by the anti-deficiency statute.  M&I Bank asserted that the borrowers were not entitled to the anti-deficiency protection because the home was never completed and, therefore, never utilized as a dwelling.  The trial court judge ruled in favor of the borrowers and M&I Bank appealed. 

On Appeal, the Court upheld the trial court's decision.  The Court opined that the primary purpose of the Arizona anti-deficiency statutes is to protect "homeowners" from deficiency judgments, and that such protections should apply universally to homeowners who actually reside at their property as well as those who intend to take up residence upon completion of a newly constructed home.       

Mueller is a disturbing opinion that ignores the express language of the anti-deficiency statute and past case law interpreting it, and suggests that the controlling factor in deficiency litigation is the borrower's intended future use of the property.  We question the logic in the opinion, and believe that it may be the subject of further review by the Arizona Supreme Court.  Nevertheless, the Mueller opinion is now judicial precedent in the State of Arizona, and lenders should be aware of the limitations it now places on lenders seeking to pursue a deficiency judgment. 

For more information on the effect of Mueller on pending deficiency litigation and outstanding loans secured by real property, please contact a member of the Bankruptcy, Creditors' Rights and Lending Group.

Read the Phoenix Zoo press release here

Ryley Carlock & Applewhite Shareholder, Susan D. Brienza,  helped file a 45-page comment to the Agency. Those comments were recently mentioned in two different publications.  Read the accounts below.

Natural Products Insider 

New Hope 360

Palmer, who joined Ryley Carlock in 2007, has multi-faceted practice.

Ryley Carlock and Applewhite, a leading regional law firm practicing in the Southwest and Rocky Mountain region, today announced that Andrea M. Palmer has been elected a shareholder in the firm, effective January 1, 2012. Andrea practices in the areas of bankruptcy, creditor's rights and lending.

"Andrea represents what Ryley Carlock is all about," said Rodolfo (Rudy) Parga, Jr., managing shareholder of Ryley Carlock & Applewhite.  "Her combination of terrific skills and talents, combined with her people skills makes her the epitome of what it takes to be a law firm partner in today's world," he said.

Andrea has extensive experience representing lenders with respect to the enforcement of their loan and credit agreements, including representation in judicial and non-judicial foreclosures, deficiency litigation, and receivership actions.  Andrea also represents lenders in real estate and commercial loan transactions, loan restructurings, and workouts.

In the bankruptcy context, Andrea has experience protecting the interests of creditors in Chapter 7, 11 and 13 bankruptcy proceedings, and has represented bankruptcy trustees and creditors in connection with preference and fraudulent conveyance claims.

"Ryley Carlock is the kind of place you can build a career, and Andrea is doing just that," said Melissa Schmucker, chair of RCA's Real Estate Bankruptcy and Lending practice at the firm, which ranks in the top Tier in Arizona, according to U.S News and World Report and Best Lawyers 2012 rankings.

Andrea received her J.D. from Northern Kentucky University, Salmon P. Chase College of Law, where she graduated summa cum laude and served on the Northern Kentucky Law Review as Kentucky Survey Issue editor.  Andrea also received her bachelor's degree from Northern Kentucky University, working in Citigroup's credit services division for four years while obtaining her degree.  Andrea practiced law in Ohio and Kentucky for three years prior to moving to Phoenix and joining Ryley Carlock in October 2007.

Ryley Carlock has more than 100 lawyers operating in offices in Arizona and Colorado, with national data review centers in Phoenix, Arizona and Grand Rapids Michigan.

This article was originally published in the
Denver Business Journal, November 2011
Copyright 2011 - Posted by Permission

By Heather Draper
Phoenix-based law firm Ryley Carlock & Applewhite just put an exclamation point on its commitment to the Denver market.

The firm signed a lease on Nov. 5 for the entire 35th floor - about 26,000 square feet - of the 52-story Wells Fargo Center at 1700 Lincoln St.

The Denver office of Ryley is now on the 18th floor of the 1999 Broadway building. The firm plans to make the move to the "cash register building" sometime in January 2012.

"It's important for us to be in that particular building," said Rodolfo (Rudy) Parga Jr., Ryley Carlock managing partner. "It's an iconic building. When people see pictures of the Denver skyline, it's right in the middle and people recognize it."

Ryley wants to expand its footprint in the Rocky Mountain region, so "Denver is an incredibly important part of our overall strategy," Parga said. "We want Denver to be a full-service firm, similar to our Phoenix office."

Ryley nearly doubled the number of attorneys in its Denver office in June, when a dozen attorneys from the storied Denver law firm Isaacson Rosenbaum, 10 of them shareholders, joined Ryley. It brought the number of Ryley attorneys in Denver to 26 and the total staff here to 41.

Isaacson shareholders voted to close the firm on June 30, after 50 years in business. Isaacson, which specialized in large construction projects, was hurt by the downturn in the commercial real estate market.

"The addition of the former Isaacson attorneys has gone extremely well and has been a great fit from a business and a cultural perspective," said Brian Nazarenus, managing shareholder for the Denver office. "That was the springboard for this move [to the Wells Fargo Center]. Everyone enjoys each other, and it's a great fit."

Ryley shareholder Matthew Pluss came over from Isaacson and was instrumental in securing the lease for the firm.

"We wanted to have a space where everyone felt welcome, whether they came from Isaacson or with Ryley," Pluss said. "And we wanted a space where we had room to grow."

The space, formerly occupied by Newmont Mining Corp. (NYSE: NEM), will go through a major remodel, including getting rid of cubicles, moving some walls and generally making it "more lawyer friendly," he said.

The remodel will leave the office with a more open feel, he said, including more conference or gathering areas and several glass or frosted glass walls.
Parga said the firm is well-positioned to take on a large lease in a high-profile downtown building, despite the economic woes that are hurting some law firms.

"We've always run our firm in a very fiscally conservative manner," he said. "When we approach growth, we've always done it in a strategic manner. We've never expanded too fast."

Some of the areas where Ryley sees growth potential for its Denver office are environmental, water resources, litigation and intellectual property practices.

"Our goal in 2012 is to continue the growth and get exceptional, quality people on our team in Denver," Parga said. "The way we look at growth as a firm - we look at opportunities. If it means bringing one or two individuals over at a time, that's what we'll do. Or it could be a practice group or an entire firm."

Read More>>>

As a sign of the times, the City and County of Denver, the State of Colorado and our Federal government are offering taxpayers an opportunity to minimize or avoid interest and penalties on certain unpaid taxes if they make payment in the very near future.

City & County of Denver
Recently, the City and County of Denver in Ordinance 11-403 has offered Denver taxpayers the opportunity for a tax amnesty on unpaid sales tax, retailer's use tax, consumer's use tax and occupational privilege taxes incurred on or before June 30, 2011. These taxes must be paid by December 30, 2011, and all penalties and any potential criminal prosecution will be avoided. Moreover, interest charges on delinquent taxes will be reduced by half. There are certain eligibility requirements. If you wish more information on how to take advantage of this amnesty, please feel free to contact Ryley Carlock & Applewhite attorneys. 

State of Colorado
In the Spring of 2011, the State of Colorado created a tax amnesty for the first time since 2003. It applies to individuals and businesses who owe taxes due on or before December 31, 2010. The tax amnesty applies to most Colorado taxes, but has a very short application period: Amnesty returns must be filed before November 15, 2011. Amnesty tax returns must be filed on a paper form and not by electronic filing. You can find the appropriate tax form on the Department of Revenue website. If a taxpayer pays the full taxes owed by November 15, there will be no civil or criminal penalties; however, the taxpayer must also pay one-half of the interest that has accrued. Even if a taxpayer cannot afford to make the entire payment by November 15, the State Department of Revenue will accept a partial payment by November 15 so long as the full amount due and one-half of the interest is paid by December 31, 2011.

Federal Payroll Taxes
On September 21, 2011, the Internal Revenue Service initiated a new program to give employers an opportunity to achieve a low-cost solution to the misclassification of employees as independent contractors. Under the Voluntary Classification Settlement Program ("VCSP"), eligible employers can obtain substantial relief from Federal payroll taxes; that they may have owed if they prospectively treat workers as employees. There are certain eligibility requirements and an application procedure on Form 8952. If an employer is accepted into the program, interest and penalties will be waived on unpaid payroll taxes; the IRS pledges not to audit payroll taxes on these particular workers for prior years and a very small payroll tax will be due on those workers who have been reclassified as employees. If you would like additional information on this program, please contact us.
___________________
Our tax practitioners continue to monitor the latest developments in many areas of tax law, and in particular in the estate and gift taxation area. A very recent decision, Estate of Paul H. Liljestrand v. Commissioner, TC Memo 2011-259, is an example of the use of a family limited partnership to try to avoid estate tax that went awry. In that case the Tax Court noted a number of factors in the establishment and the use of a family limited partnership that led to all of the partnership's assets being part of the decedent's estate. Factors such as a failure to obtain a federal employer tax identification number for the partnership upon its formation; a lengthy delay in opening up a bank account for the partnership; payment of the decedent's personal expenses from the partnership; and the decedent's lack of sufficient assets outside of the partnership's assets to pay his living expenses led the Tax Court to determine that the decedent retained enjoyment of the property contributed to the partnership and those assets continued to belong to him at his death.

Proper drafting and implementation of family limited partnerships is absolutely crucial to using these vehicles as effective estate planning tools. If you currently have a family limited partnership or family limited liability company or are interested in forming one, we would be pleased to assist you with guidance in this area.

Gary A. Kleiman
303-813-6724
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Mark H. Boscoe
303-813-6744
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Stanton D. Rosenbaum
303-813-6712
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

John Lischer
303-863-7500
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

This article was originally published in
Law Week Colorado, October 2011

Copyright 2011 - Posted by Permission

By Matt Masich
Denver- There's plenty of sun and wind in the western half of the country that's just waiting to be converted into electricity. You can build solar arrays and wind turbines to harness sun and wind power, but then what? Without high-voltage transmission lines, there's no way for the renewable energy to reach consumers.

There are a lot of regulatory hurdles to clear before the U.S. Department of the Interior will approve construction of transmission lines across the broad swaths of federal land that cover much of the west. The Obama administration recently fast-tracked the process for seven power transmission projects seeking government approval.

Navigating the regulatory process to get electricity from renewable sources to its end users is the job of a dedicated teams of professionals, including lawyers like Jim Sanderson, a partner in Ryley Carlock & Applewhite's Denver office.

Ryley Carlock is National Environmental Policy Act, or NEPA, counsel to SunZia, one of the fast-tracked transmission projects. Colorado lawyer Van Wilgus is SunZia's general counsel.

SunZia would stretch 460 miles of "extra-high voltage" power lines from New Mexico to Arizona. "There's a vast area of  east-central New Mexico that has a lot of high, steady wind potential," Sanderson said. "But if you build wind turbines, there's no way to get the energy out." Those regions of New Mexico haven't seen major power-grid improvements in decades, he said.

Meanwhile, California and Arizona have laws requiring certain percentages of their energy to come from renewable sources. Those states don't produce enough on their own to meet those requirements and would benefit from using power from New Mexico wind farms.

SunZia began the application process three years ago. Sanderson said he hopes the fast-track designation will help "cut through some of the regulatory red tape." The fast-tracking doesn't guarantee approval, but it does mean a decision will come sooner rather than later.

Even if you know the proposed starting and ending points of the transmission lines, it's a challenge to figure out which route the lines should take, he said. For one thing, there are no existing roads along most of the proposed routes. The Bureau of Land Management also has to issue an Environmental Impact Statement.

"There needs to be an environmental study to identify what the effects of build¬ing new, large power lines through the Southwest would be," Sanderson said. The power lines could affect endangered species, recreational areas or otherwise impact the socioeconomic health of a community.

"You end up with a handful of lines on the map," he said. "Then you have to analyze the effects of one line versus another to find which would be the least environmentally impactful."

A host of issues will arise during the planning process. It's part of Sanderson's role to look at those issues through the prism of legal precedent and figure out which need can become a reality, a number of government agencies will have to sign off on it.

"It's like a puzzle," Sanderson said. "You have to put together a piece at a time to figure out how to address legitimate impacts that need to be resolved."

Another of the fast-tracked transmis¬sion projects is the TransWest Express, whose parent company is the Denver-based Anschutz Corp. TransWest would stretch 725 miles from a proposed 1,000-turbine wind farm in southern Wyoming, through the northwest corner of Colorado into Utah, and then to Nevada.

TransWest's general counsel is Denver attorney Roxane Perruso. In-house counsel from both TransWest and Anschutz, as well as unspecified outside counsel, work on regulatory, contract, policy and environmental matters.

"This overall legal team, together with our colleagues from other project disciplines, are focused on continuing to advance the TWE Project and its progress, and we look forward to the day when construction and operations can begin," Per¬ruso said by email.

Both SunZia and TransWest hope to begin construction in the next several years and become operational well before the end of the decade.

U.S. News and Best Lawyers® Announce 2011-2012 "Best Law Firms" Rankings

Phoenix, Arizona and Denver, Colo. - U. S News and Best Lawyers® today announced the 2011-2012 "Best Law Firms" rankings, giving 18 of Ryley Carlock & Applewhite's practice areas a "Best Law Firm" score.  The rankings are achieved by combining quantitative and qualitative research including client assessments and peer reviews, and are presented in tiers in major legal practice areas by metropolitan area.
Tier 1
   Phoenix

Banking and Finance Law
Employment Law - Management
Environmental Law
Labor Law - Management
Litigation - Labor & Employment
Natural Resources Law
Water Law

Tier 2
   Colorado

Real Estate Law
Water Law

Phoenix

Bankruptcy and Creditor Debtor Rights 
Insolvency and Reorganization Law
Commercial Litigation
Corporate Law
Information Technology Law
Litigation - Bankruptcy
Public Finance Law
Trusts & Estates Law

In addition, Ryley Carlock achieved an important Tier 2 national ranking in Transportation Law.

According to U.S. News and Best Lawyers®, achieving a high ranking is a "special distinction that signals a unique combination of excellence and breadth of expertise."  In the extensive survey, lawyers evaluated their peers on expertise, responsiveness, integrity, cost-effectiveness, whether they would refer a matter to a firm, and whether they would consider a firm a worthy competitor. Clients were asked to address expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, whether they would refer a matter to a firm, and whether they would refer a another client to the firm.

In addition to information from these surveys, the rankings incorporated the 3.9 million evaluations of 41,284 individual leading lawyers collected by Best Lawyers® in its most recent annual survey. All of the quantitative and qualitative data were combined into an overall "Best Law Firms" score for each firm. This data was then compared to other firms within the same metropolitan area and at the national level.

Best Lawyers in America®, one of the oldest and most respected peer review publications in the legal profession. Earlier this year, 18 attorneys from Ryley Carlock were chosen for inclusion in Best Lawyers in America® 2012.  U.S News & World Report has more than two decades of experience in providing the public with the most accurate and in-depth rankings of a wide range of institutions.

Ryley Carlock & Applewhite is a full service law firm of more than 120 lawyers with offices in Phoenix, Scottsdale and Sun City, Arizona; and Denver, Colorado. The firm has provided legal services to the Southwest for more than 60 years with practices in the areas of corporate and business; real estate; lending, tax and finance; bankruptcy; litigation; environmental and water law; employment law; estate planning; and intellectual property.

Lonny Donovan, real estate shareholder in the Denver office of Ryley Carlock,
was named as a power broker finalist at the annual Denver Business Journal "Powerbook"
luncheon held today.  The Business Journal named the city's most influential leaders in
each major industry. Lonny was among top ten finalists in law.  The most influential lawyer,
according to the DBJ, was newly appointed Denver City Attorney Doug Friednash.

Congratulations to Lonny for the excellent recognition!

Obama Administration Announces Job-Creating Grid Modernization Pilot Projects - SunZia Among Them

Seven Transmission Projects Across 12 States Will Increase
 Grid Reliability and Integrate Renewable Energies

(October 5, 2011) Today, it was announced that the SunZia transmission project, a Ryley Carlock client, is one of the Obama Administration's seven electric transmission projects designated for accelerated permitting and construction in what the Administration called a job-creating grid modernization project. 

The $1.5 billion project would generate over 3,000 construction jobs and bring renewable (wind, solar, and geothermal) energy to Arizona and points west. Read the new release here:

More about Sunzia here: 

Contact:  Ryley Carlock Shareholder Jim Sanderson

This article was originally published in the
Phoenix Business Journal, September 2011

Copywright 2011 - Posted by Permission

By Mike Sunnucks
   Law firms are in a technology race to set themselves apart from the
competition, outfitting attorneys with smartphones, high-tech gadgets
and applications to help them work better on the fly and communicate
with clients.
   Still, they are cognizant of hacking and other security issues, and
they're having to curb their tech spending during these times of economic
uncertainty. The goal now isboost attorneys' productivity and efficiency,
helping them do more work off-site.
   "All of our shareholders (i.e., partners) have iPads with a variety of
applications to make the practice of law more simply," said Paul Ward,
policy adviser for the Phoenix law office of Ryley Carlock &; Applewhite PC.
"These are paid for by the firm."
   Ward said Ryley also Is creating mobile applications aimed at helping
counsel and clients access information remotely.
   "We are in the final development of a couple of mobile applications, one
of which calculates the review of electronically stored information," he said.
   "The user puts in the number of gigabytes of raw data. The app asks a
few questions and, depending on the answers, it provides an estimated cost
to review."
   Such information would be of particular interest to corporate clients taking
advantage of Ryley's national document review and retention practice.
   Gary Berger, director of Information technology for employment law firm
Ogletree, Deakins, Nash, Smoak & Stewart PC, said his firm provides its
attorneys with "laptops, Mobile devices (Including smartphones and tablets),
desktops and remote access capabilities."
   Ogletree is based In Atlanta and has an office in Phoenix, where it has
handled some work related to cases involving the Maricopa County Sheriff's
Office.
   "In most cases, devices are provided free, with the exception of some
mobile devices," Berger said.
   Like a number of other firms, Ogletree is adding technical support
and software enabling attorneys to access internal systems with Apple iPads
and Android devices.
   "We are currently In the process of working to make mobile computing
even more attractive to our attorneys," said Berger.
   Law was one of the last white-collar sectors to adopt high-tech systems
and gadgets as part of everyday business practices. Now, more attorneys
are able to work from home or other remote locations because their firms
are embracing technology.
   Law firms are sensitive to security issues, including possible exposure
involving wireless access to confidential and privileged information.
   Gary Peet, chief Information officer or Lewis and Roca LLP, said his
Phoenix-based law firm uses a network security measure called a key fob to
keep unauthorized users out of Its databases and networks.
   "This is an additional layer of authentication used in combination with
other network log-in credentials," said Peet." Every 60 seconds, the key fob
generates a new random six-digit pass code. An individual accessing our
network must log In with their network ID and password, but they must also
enter the current pass code from the key fob.

   "With the pass code changing every 60 seconds, it makes unauthorized
access virtually impossible," he said. ''A skilled hacker might be able to
crack a password in a relatively short time, but it's highly unlikely that
they will be able to do it within 60seconds."
   Peet said Lewis does not provide smartphones or wireless devices for
its lawyers. The firm does, however, offer support capabilities for iPhones,
iPads, Android devices and BlackBerrys; gives them a $50 monthly stipend
for smartphone use; and pays for attorneys linking their smartphones to the
firm's computer networks.
   Peet acknowledged that the focus on frugal spending impacts his firm's
technology purchases and use.
   "The economy certainly has had an impact on our technology budgets,
but that is probably the case with other firms our size. Funds for technology
spending have been tight, so we have placed greater emphasis on exploiting
what we do have," he said.
   Peet said that results In helping attorneys access the firm's networks from
home and their cellphones, and improving computer networks in case of a
disaster or other business disruption.

This article was originally published in the
PubWest End Sheet, September 2011

Copywright 2011 PubWest - Posted by Permission 

Jon Tandler, Ryley Carlock & Applewhite Attorneys

How did you get your start in publishing law?
   While I was practicing corporate law in San Francisco in 1988,
I was asked to provide legal work for the publishers of a series of
popular coffee table books. They had just moved their company from
New York and wanted local counsel. Having no experience in publishing
or intellectual property, I said "yes!" I read books on copyright law and
started to work on projects; I oftentimes tapped into the expertise of their
New York counsel who still today is an icon in publishing law and a
mentor to me.
   In 1990 the president of a new tradebook publisher, IDG Books
Worldwide, called and asked me to prepare his company's author publisher
agreement. IDG Books created and released the For Dummies series of
computer and general reference books several months later! I served as
IDG Books' outside publishing counsel from its inception through its sale to
Wiley Publishing over a decade later.
   This was a tremendous learning experience. I first started
to teach publishing law in 1994. From my client work and presentations,
I've enjoyed meeting and working with professionals who work in many
different facets of the publishing industry.

What are two basic things to remember when preparing a contract
with an author and/or freelancer?
    Author-publisher agreements are typically different and a little more
 involved than freelance agreements. An author-publisher agreement
is primary and subsidiary rights royalty-based with calculations. A freelance
agreement is often structured simply with payment upon receipt of acceptable
material without royalty calculations .Develop and customize agreements to
reflect your company's particular content acquisition, publishing and financial
models; not one size fits all.

What is the biggest mistake you have seen? What can we learn from it?
   I think the best way to answer this question is to mention something
I say when I teach: "It's easier to stay out of trouble than to get out of trouble."
I did not make up that homily and do not know who did. As examples only,
a publisher should do the following:
use best practices in the permissions process;

• conduct clearance searches on proposed titles and trademarks;
• secure registrations for marks;
• adhere to print run limitations in stock photo agreements;
• pay authors royalties on time in full with good statements;
• have clear and understandable agreements with content providers and
  other persons.

   Failure to do these things cost time and money when problems arise.
Lloyd Rich and I are speaking about a few of these topics at the PubWest
annual meeting in November.

What question should you ask a prospective attorney?
   Whenever you seek legal advice for (an employment question, preparing a will
or estate plan, reviewing or preparing a lease, trademark advice or a divorce), ask
your prospective attorney about his/her work and experience in the field and with
your type of matter or project.
   Understand the actual work that will be necessary to properly handle your matter
and obtain clear information on how the attorney will charge for that work and what
he/she expects in terms of the resulting legal fees and expenses.

Jon Tandler is a corporate, intellectual property and publishing law
attorney with Ryley Carlock & Applewhite Attorneys of Denver, CO,
and Phoenix, AZ. He also volunteers as PubWest's general counsel.
He can be reached at 303-813-6706 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

The nation's oldest and most expansive peer-review survey has chosen 18 attorneys
from Ryley Carlock & Applewhite for inclusion in Best Lawyers in America® 2012. The
current survey, Best Lawyers Best Law Firms, is published by U.S. News & World Report
and is based on more than 3.1 million detailed evaluations of lawyers by other lawyers.

Attorneys named to the list by practice area are:

Banking and Finance Law
Michael Ripp, Phoenix

Bankruptcy and Creditor-Debtor Rights / Insolvency and Reorganization Law
John Fries, Phoenix

Commercial Litigation
John Lemaster, Phoenix
Rodolfo Parga, Jr., Phoenix

Corporate Law
James E. Brophy, Phoenix

Employment Law - Management
Michael D. Moberly, Phoenix
Nathan R. Niemuth, Phoenix

Environmental Law
Jonathan H. Steeler, Denver
Sheryl A. Sweeney, Phoenix

Information Technology Law
Fredric D. Bellamy, Phoenix

Labor Law - Management
Nathan R. Niemuth, Phoenix

Litigation - Bankruptcy
John Fries, Phoenix

Litigation - Labor & Employment
Michael D. Moberly, Phoenix
Rodolfo Parga, Jr., Phoenix

Natural Resources Law
Sheryl A. Sweeney, Phoenix

Public Finance Law
William F. Wilder, Phoenix

Real Estate Law
Lawrence J. Donovan, Jr., Denver
Andrew A. Folkerth, Denver
Barry Permut, Denver

Technology Law
Frederic D. Bellamy, Phoenix

Transportation Law
Jeffrey Simmons, Phoenix

Trusts and Estates
W. John Lischer, Scottsdale

Water Law
Brian M. Nazarenus, Denver
Sheryl A. Sweeney, Phoenix
Michele L. Van Quathem, Phoenix

Ryley Carlock & Applewhite is a full service law firm of more than 120 lawyers with offices in Phoenix, Scottsdale and Sun City, Arizona; and Denver, Colorado. The firm has provided legal services to the Southwest for more than 60 years with practices in the areas of corporate and business; real estate; lending, tax and finance; bankruptcy; litigation; environmental and water law; employment law; estate planning; and intellectual property.  

Growth of Ryley Carlock into Michigan noted.  Read the article as a PDF here.

Western law firm has unique practice group here
Relatively young business helps law firms with
litigation support services.

By David Czurak
Grand Rapids Business Journal
Copywright 2011 Gemini Publications - Posted by Permission

The Document Control Group, a practice area of the Ryley Carlock & Applewhite law firm,
celebrates its first anniversary of being in Grand Rapids this month. But the practice
actually turned six at the beginning of this year in Arizona. Matthew Clarke and his partner,
Bill McManus, started DCG in early 2005 in Phoenix. The practice group was founded then
because some corporate clients were involved in lawsuits that required a review of thousands
and sometimes even millions of documents that pertained to their cases. Because having
to review that many documents can often overtax the legal staff of a law firm hired to
represent a client in the discovery process, Clarke and McManus saw an opportunity. 

 "They have to hire lawyers to do those document reviews. In a typical scenario, you hire a law
firm to represent you in some matter, and at some point in time. You need 20 or
30 or 10 extra lawyers to do a document review, whether it's looking at boxes
of documents or e-mails. When that happens, you go out and hire some contract
lawyers who do the work and then they're gone," said Clarke.     "That's a very frustrating scenario
for corporations because if it's nine months later in the litigation and you
have a question about that work, those people are gone and you can't go back to
them and ask them what they did. So clients came up to us and said, 'We want
you to build us a solution. We want you to give us a handful of lawyers who are
always going to be available to do our document reviews for us. We want it
priced right and we want them always around,'" he said.

So Clarke and McManus began hiring attorneys to review
documents, while both continued with their litigation practices. As the
business grew, they added more attorneys and the DCG became a full-time
practice group at Ryley Carlock & Applewhite.    "It's like having access to a fleet of
lawyers on an as-needed basis, and they really liked it," said Clarke of
the corporate clients the group had then. 

"Then other law firms started using us. So there was
this organic growth that was very rapid. We went from a handful of lawyers in
2005 to over 100 today," he said.    "We were pretty selective about who
we hired because what made us different was that the people who were working
for us were part of our team and were always going to be around. We couldn't
have a lot of employee turnover.   
"So we had to steer away from hiring people who were just out of
law school and were very ambitious and eager, who maybe would be looking for a
different type of job and would leave in six or eight months. Then we wouldn't
have the stability that we were selling that was so important to
our quality."

Clarke said a typical candidate for the DCG is a lawyer with
five or six years of experience who isn't looking to move on, or is retired and
plans to stay put. But the business had grown so much so
quickly out West that he and McManus had exhausted their
list of candidates there and had to look to other regions in the country.   
Solving that predicament is how the DCG came to Grand Rapids --
to 801 Broadway Ave. NW, specifically, in the American Seating complex. 
Clarke, who lives in Spring Lake and grew up in West Michigan, said he
is "obviously biased to this area." He said when he received resumes from
lawyers in this region, he always interviewed them because he knew they
came from the "good work ethic" that exists here. 

"What we found is we were pulling so many people from
this part of the country that I said, "Let's go open up an operation there." We
can better service our East Coast clients and it would be easier for us to draw
people from that side of the country-it's easier to draw someone from Chicago
to Grand Rapids than from Chicago to Phoenix," he said.  

Clarke said he and McManus did due diligence on the city and
brought the firm's managing partner in to look over the local market before
they committed to Grand Rapids. 

"I basically convinced my partners that this was a good
place to set up this operation versus anywhere else on the other side of the
Mississippi," he said. "We opened up this operation in August of 2010.
Since then, we've had a lot of success and we have a lot of people working for
us." 

When the DCG was in Phoenix, Clark said it only performed
litigation support services, such as document reviews, fact researching and
deposition summaries-all things done by lawyers. But since coming here, he said
the operation has added a coding business, which broadened its work force to
include paralegals and administrators. The coding section employs 30 people.
They join the 40 attorneys that bring the DCG staff to 70. 

The DCG'sclients have changed since it began. Clarke said when
the operation started about 80 percent of its clientele were corporate entities
and 20 percent were law firms. Since then, though, he said those percentages
have reversed, and now about eight of every to clients are law firms. 

"This is an area that is very new in the practice of
law," he said. "A lot of our clients, especially law firms, basically
said this is kind of a niche business and you guys have it figured out. You
have figured out a way to do it very efficiently. You're helping us reduce our
risk, and you do it in a cost-effective way that helps my clients .... It's
just easier for them to have us do that, and because we're brick and mortar,
they don't have to carve out the space." 

Besides Phoenix, Ryley Carlock & Applewhite also has an
office in Denver. It carries a legal staff of more than 1OO attorneys, and has
been in practice for more than 60 years. 

"We're a full-service firm, meaning we have a tax
department, a litigation department, a real estate department, estate planning,
water and natural resources, etc.," said Clarke, who has been a
shareholder and litigator with the firm for 11 years. 

Ryley Carlock & Applewhite congratulates litigation associate Molly Newburn, who was appointed as Co-Chair of the State Bar Committee on Minorities and Women in the Law. Newburn is a member of the firm's Litigation Practice Group, where she handles a wide range of matters involving breach of contract, business torts, construction law, commercial landlord/tenant, creditor's rights, products liability, condemnation, insurance, transportation, real property and surety law issues. She also regularly defends companies against property damage and personal injury claims.

Newburn earned her Juris Doctor from the University of Arizona's James E. Rogers College of Law in 2007, where she was an Editorial Board Member of the Arizona Journal of International and Comparative Law, and Co-Director of both the Law Women's Association, and the Primavera Men's Shelter legal referral clinic. Molly graduated summa cum laude with dual bachelor's degrees from the University of Southern California. While there, she was selected to and completed an honors general education program. Her senior year, Molly was selected as a Renaissance Scholar, and member of Phi Beta Kappa.

Denver attorney Jonathan H. Steeler has been named to the Executive Committee of Ryley Carlock & Applewhite, a leading regional firm of more than 100 lawyers with law offices in Arizona and Denver. His term begins immediately. Jon Steeler, a shareholder with Ryley Carlock, joins five other attorneys from Phoenix and Denver who also serve on the Executive Committee.

As a member of the committee, Steeler will contribute to the overall strategy and management of firm operations, including the Denver office, three law offices in Arizona, and document review and information management centers in Arizona and in Grand Rapids, Michigan.

Steeler announced his move to the Denver office of Ryley Carlock & Applewhite from Isaacson Rosenbaum P.C. following its June 30 closure. Along with Steeler, 11 other Isaacson Rosenbaum attorneys were also hired by Ryley Carlock beginning July 1.

"This is a group of very strong lawyers, many of whom are leaders in their respective law practices as well as in their communities. All will play important roles at Ryley, beginning with Jon Steeler's appointment to the Executive Committee. Jon is strategic, smart and very experienced, and we are delighted to have him in management," said Rodolfo Parga, Jr., managing shareholder of the firm and chairman of the Executive Committee.

Steeler, who served as chief executive officer of Isaacson Rosenbaum from 2001 to 2009, has practiced corporate law and environmental law since 1979. He represents clients in acquiring, selling, forming and financing businesses as well as assisting in the development of environmentally challenged properties and defending environmental enforcement actions.

"I am delighted to join the exceptional group of attorneys at Ryley Carlock and to be named to serve in a management role. My goal will be to help formulate plans and actions to continue to provide optimal service to our valued clients as well as new clients in Denver and the Rocky Mountain Region," Steeler said.

Steeler's environmental practice is nationally recognized, and he was named to the 2010 International Who's Who of Environmental Lawyers, one of 25 Colorado attorneys to be acknowledged alongside attorneys from countries around the world. He is listed as both a Best Lawyer in America and a Colorado Super Lawyer. Steeler received his undergraduate degree from the University of Colorado and his law degree from Gonzaga University School of Law.

Ryley Carlock & Applewhite's Denver office ranks among the highest per capita of Super Lawyers, and its Environmental and Water practitioners are ranked in Chambers USA as leading lawyers. The firm and its Denver office provide full service legal advice to businesses and entities in the areas of corporate and business, real estate, lending, bankruptcy and finance, litigation, environmental law, employment law, taxation and estates, and intellectual property.

Read the Coverage from Colorado Law Week here.

Ryley Carlock & Applewhite Announces Major Expansion in Denver

Hires Twelve Lawyers from the former Isaacson Rosenbaum Firm

Ryley Carlock & Applewhite, a leading regional law firm of more than 100 lawyers with law offices in Arizona and Denver, today announced a major expansion in Colorado. The firm has announced it has hired 12 lawyers from the former Isaacson Rosenbaum law firm in Denver, including the members of the firm's Executive Committee and Colorado legal community stalwart Stanton D. Rosenbaum,  son of his former firm's founder.  The twelve lawyers, ten of whom will be shareholders at Ryley Carlock, officially begin work at their new firm on July 1, 2011.

"This is a great event for Ryley Carlock and a great event for the Colorado legal community," said Ryley Carlock and Applewhite Managing Shareholder Rodolfo Parga, Jr.  "We are well aware of the tradition of excellence and dedication these lawyers bring with them from their former firm, and we have the culture and platform where this team can continue to flourish and carry out that vision, which is very well aligned with ours."

Joining Ryley Carlock are:

Mark Boscoe,, Taxation and Trust and Estates (Of Counsel)

F. Brittin Clayton III, Litigation (Shareholder)

Lawrence J. Donovan Jr., Real Estate and Sustainable Development (Shareholder)

Howard J. Glicksman, Corporate and Securities (Shareholder)

Christine Hayes, Real Estate and Sustainable Development (Shareholder)

Stephanie A. Hunter, Corporate and Securities (Associate)

Gary A. Kleiman, Business and Corporate, Taxation and Trust and Estates (Shareholder)

Barry Permut, Real Estate and Sustainable Development (Shareholder)

Matthew D. Pluss, Real Estate, Business and Corporate (Shareholder)

Stanton D. Rosenbaum, Business and Corporate, Taxation and Trust and Estates, Real Estate (Shareholder)

Jonathan H. Steeler, Business and Corporate, Real Estate and Environmental Law (Shareholder)

Jon R. Tandler, Business and Corporate, Intellectual Property and Publishing (Shareholder)

"This fine group of lawyers are among the finest of a very fine firm, and each has deep roots in Colorado as do we at Ryley Carlock, Denver," said Brian Nazarenus, Denver Office Managing Shareholder.  "We knew not long after we met them, that these quality attorneys had the stature, the expertise, and the character you seek when you are looking for someone to be a law partner.  This team is the crème de la crème, and we are very pleased they are part of our group here in Denver," he said.

We know the Ryley Carlock firm well and what kind of people they are," said Jon R. Tandler. "We are fortunate in that we will be able to join a firm having synergy with our group's practice areas and continue to deliver legal services with great people and excellent professionals."

Ryley Carlock & Applewhite was founded in 1948 and ranks among U.S. News and World Reports as one of the leading law firms in Real Estate and related financial practices.  Its office in Denver ranks among the highest per capita of Super Lawyers, and its Environmental and Water practitioners are ranked in Chambers USA as leading lawyers for business.  The firm provides full service legal advice to businesses and entities in the areas of corporate and business, real estate, lending, bankruptcy and finance, litigation, environmental law, employment law, taxation and estates and intellectual property.  The firm is also noted for its leading electronic discovery practice, and operates document review centers in Phoenix, Arizona, and Grand Rapids, Michigan.

##

Ten Members of Ryley Carlock Selected as Leading Lawyers for Business by Chambers, USA...Showing Breadth of the Firm's Practice Areas.

Ten members of RCA have been selected as Leading Lawyers for Business in Arizona by Chambers & Partners. They are included in the 2011 edition of Chambers USA America's Leading Lawyers for Business: The Client's Guide, which was released to the public last Friday. Chambers & Partners interviewed clients of law firms, General Counsel at Fortune 100 companies, high-profile entrepreneurs, and other significant purchasers of legal services to obtain a consistent market view of which law firms and lawyers are considered leaders in their law practice areas. The eight lawyers from RC&A selected as leaders are listed below, along with their practice areas.

Brian Nazarenus, Colorado, Natural Resources & Environment
James W. Sanderson, Colorado, Natural Resources and Environment
Lawrence J. Donovan, Colorado, Real Estate
Barry Permut, Colorado, Real Estate
Fredric D. Bellamy, Arizona, Litigation
James E. Brophy, Arizona Corporate and M&A
Michael Ripp, Arizona, Real Estate and Lending
Michael D. Moberly, Arizona, Employment Law
Nathan R. Niemuth, Arizona, Labor and Employment Law
Sheryl A. Sweeney, Arizona, Environment, Water Rights

Chambers & Partners have been publishers since 1969. They are located in London, England, and publish United Kingdom, USA, and Global guides to the legal profession. Additional information regarding Chambers & Partners, its guides, and the selection process they use to determine the leading lawyers in the United Kingdom, the USA, and the World is available at http://www.chambersandpartners.com/.

Ryley Carlock & Applewhite today announced it has hired Michelle M. Morris as Of Counsel in its corporate practice group.

Morris joins the firm from the Perkins Coie law firm in Phoenix.

Morris focuses her practice on various intellectual property matters, including trademark, copyright and domain name counseling, registration, enforcement and dispute resolution, and intellectual property licensing and agreements. She also focuses on general business transactions and corporate governance.

"We are delighted to add Michelle to our growing team here at Ryley Carlock & Applewhite," said Managing Shareholder Rodolfo (Rudy) Parga, Jr. "Michelle is a top-notch practitioner and a terrific talent, and as we move forward she is just the type of lawyer with whom we love to work," said Parga.

Ryley Carlock has added three lateral shareholder additions so far in 2011, and continues to grow in a number of practice areas.

"I am very glad to be at Ryley Carlock," said Morris. "The regional platform and corporate and IP strength presented by the firm will be a great support to my practice. I also was impressed at how they have preserved a great culture while growing and innovating," she said.

Morris is a 1998 magna cum laude graduate of Arizona State University, Sandra Day O'Connor College of Law, where she received the Order of the Coif, and served as Executive Managing Editor of the Arizona State University Law Journal. She earned her undergraduate degree from Arizona State University in 1989. Morris served as a clerk to Hon. Frederick J. Martone of the Arizona Supreme Court from 1998 - 1999.

(Phoenix, Arizona) - Rodolfo (Rudy) Parga, Jr. has become Chairman of the Board of Directors of Chicanos Por La Causa, Inc. Parga, who also serves as Managing Shareholder at Ryley Carlock & Applewhite, had previously served as Vice Chair of the organization.

"Rudy has been one of the driving forces behind successful initiatives that have helped Chicanos Por La Causa become Arizona's leading community development corporation, " said CPLC President and CEO Edmundo Hidalgo. "It is a privilege to have the opportunity to work together. We anticipate only great things under Rudy's leadership."

(CPLC) is a statewide community development corporation, committed to building stronger, healthier communities as a lead advocate, coalition builder and direct service provider. CPLC promotes positive change and self-sufficiency to enhance the quality of life for the benefit of those it serves. CPLC is a progressive, community based organization recognized locally, nationally, and internationally as a model for responsive, integrated human and economic development.

"I am humbled and honored to serve in this capacity for an organization that does so much good in the community, the state and the nation," said Parga.

CPLC is a benchmark, culturally proficient organization whose unifying voice and advocacy builds alliances, bridges borders and empowers communities. CPLC was created 42 years ago to address issues affecting the community of south Phoenix.

"At a time when things can seem divisive, CPLC goes about doing great things and making our world a bit better, and bringing people together. I have been privileged to be involved for several years with this dedicated group of diverse individuals, and the growth and strength of their reach is an incredible success story."

Rudy is the Managing Shareholder of Ryley Carlock & Applewhite, and Chairs the firm's Executive Committee, Diversity Committee and Lateral Hiring Committee.

His 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 and racketeering claims. Rudy's employment practice is devoted to counseling and defending employers who are faced with claims of sexual harassment, disability, gender, age, race, national origin and religious discrimination, wrongful discharge, and employment-related tort and contract claims.

Rudy has been named in multiple editions of Southwest Super Lawyers®, including in 2011. He has also been listed in their Corporate Counsel Litigation Edition. Rudy is also named in the 2009-2011 Best Lawyers in America®, and in the inaugural Arizona's Finest Lawyers.

As firm Chair, Rudy has been a driver in providing maximum value as a law firm. He is a proponent of flexible and creative solutions in providing legal services to clients and of managing the firm in a manner which gives it the ability to be responsive and innovative when it comes to service.

(Phoenix, Arizona) Litigation and Corporate Shareholder David Kash, of Ryley Carlock's Phoenix office, has been elected Vice-President of the Foundation Board of the International Association of Defense Counsel (IADC). Membership in the IADC is by invitation only.

David is a business lawyer with extensive trial experience in civil cases. His trial and litigation experience includes business disputes, surety and construction law, insurance, products liability, aviation law, professional malpractice, transportation law, director and officer liability, lender liability, RICO and civil rights. He has been actively involved in the IADC for several years as Chair of the Fidelity and Surety Committee, ADR Committee and as a frequent speaker. Last year David served as the Foundation Board's Secretary/Treasurer. David is AV rated by Martindale Hubbell, has been named to the Southwest Superlawyers 2011 list and was selected to the list of Arizona's Finest Lawyers in 2011.

About the IADC Foundation: The Foundation of the IADC seeks to have a significant impact on the civil justice system. It works to serve as a platform for educating the public and the legal community on current litigation issues and supporting the integrity of the legal system throughout the world. With the support of individual members, law firms, and corporate donations, The Foundation of the IADC develops projects and initiatives to advance the legal system.

In recent years, The Foundation launched The Joan Fullam Irick Privacy Project, a three-volume assessment of current legal issues related to privacy. It supported the highly useful Practical Guide for Insurance Defense Lawyers. The Foundation has been able to increase funds supporting the Gary Walker Memorial Scholarship for a deserving student to attend the IADC's Trial Academy, conducted yearly at Stanford University Law School. It sponsors highly respected speakers for the annual Foundation Forum, including its 2010 speaker, Honorable Sandra Day O'Connor, Associate Justice of the Supreme Court of the United States (Ret.) and has spearheaded Justice O'Connor's vision, the iCivics Program, which is a web-based, free, educational tool that provides civics education to middle school children throughout the United States and encourages their development as informed, active citizens. Please visit www.icivic.org.

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.

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)

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 & 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

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.

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.

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.

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.

  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.
####