How to Know if Your Queen Creek Business is Facing Unfair Competition

How to Know if Your Queen Creek Business is Facing Unfair Competition

How to Know if Your Queen Creek Business is Facing Unfair Competition

Here are a few ways you might know if your business is facing unfair competition!
Queen Creek, Arizona

 

Laws are in place to protect your business against unfair competition. These laws are primarily broken down into two categories: Those that regulate practices that are meant to cause confusion about the source of a product and those that regulate unfair trade practices.

If you suspect that your Queen Creek business is the victim of unfair competition, it is important that you work with an experienced business lawyer to represent your interests. Here are a few ways you might know if your business is facing unfair competition:

Trademark or Copyright Infringement

Trademarks and copyrights exist to protect your products, unique processes, branding and other intellectual property belonging to your company. However, some competitors may still produce a product remarkably similar to yours or rip off your branding. They may do so thinking that either won’t get caught or that you won’t take the time to pursue legal action.

It is important that you hire a business lawyer to fight trademark and copyright infringement. If you don’t, you’ll be losing money and allowing another company to dilute your brand, thereby losing you even more customers.

Misappropriation

Misappropriation occurs when another business uses your product and claims it as their own. The law originated with a case of a newspaper lifting stories from The Associated Press wire service and claiming it was their own work. Misappropriation is similar to trademark and copyright infringement, but it typically involves an intangible item, such as the newspaper articles.

Libel and Slander

Other businesses can practice unfair competition by maligning your brand and trying to drive away customers. Libel includes written statements that incorrectly defame a business, such as an advertisement that wrongly claims you produce a harmful product. Queen Creek business lawyersSlander includes spoken statements that defame your business, such as a person spreading rumors about your supposedly harmful product.

Both libel and slander must involve statements that are untrue, and the burden of proof is on you.

Unfair Pricing

Competitors can work together to set their prices to undersell you and drive you out of business. Or one competitor could sell their products at an extreme loss, again driving you out of business because you are not able to compete. Unfair pricing laws include a variety of situations, and an experienced business lawyer can help you understand what practices fall under these laws and what you can do about them.

If you believe that you are the victim of unfair competition, you should call the Buntrock Law Group in Queen Creek. We represent clients throughout the state in a variety of cases involving unfair competition or other business matters, such as mergers and acquisitions, corporate governance, or trade secrets. Other unfair competition cases we represent include false advertising, bait and switch selling, and unauthorized substitution. An experienced Queen Creek business lawyer from our team will help you understand the laws that apply to your case and explain your legal rights. Call us today to start fighting the unfair competition practices that unethical businesses in your niche are engaging in.

Buntrock Law Group in Mesa ArizonaPublished By:

Buntrock Law Group, PLLC

2158 N. Gilbert Road, Suite 119
Mesa, AZ 85203

Phone: (480) 664-7728
Email: info@buntrocklaw.com

What are the Most Important Things to Know about Estate Planning?

Estate planning is one of those important things you know you need to do but don’t really want to think about. After all, not many people are pleased to think about their own death. Yet if you don’t, you leave your family or your business at risk by not stipulating how they will be cared for after you are gone.Working with an Arizona estate planning lawyer can help you navigate the process and make it a bit easier, but here are a few important things to know to help you get started thinking about the process:

What are the Most Important Things to Know about Mesa Estate Planning?

What are the Most Important Things to Know about Mesa Estate Planning?

Here are a few important things to know to help you get started on the estate planning process!
Mesa, Arizona

 

Be Prepared

You will not live forever, no matter how much you may want to. Don’t put off your estate planning because you think, “I have plenty of time! I don’t need to think about that right now.” Anything can happen. You could get into a serious car accident today that either kills you or puts you in a vegetative state. A blood clot could move up your leg and cause a heart attack or aneurysm. These are things that can happen no matter how old you are and no matter how good you think your health is.

The earlier you start working with an estate planning lawyer, the better.

A Little Goes a Long Way

Even if you aren’t prepared to put together a complex estate plan that sets up trusts and other holdings, you can still protect your assets with some simple changes. For example, you can name some beneficiaries on accounts like your life insurance or your 401(k). When you die, these funds will automatically go to the person you name. Identifying a beneficiary only takes a few minutes.

You can also set up a simple will either by writing down your wishes on paper yourself and having it notarized or by working with an attorney (preferred). Your will need not be complicated. It can simply say that you want all of your assets left to your wife and children or another beneficiary of your choosing.

Focus on Your Wishes

Some people get caught up in how to divide the financial value of their assets. They focus on dollar amounts and whether they seem fair.

Instead of focusing on the amounts you will leave each beneficiary, focus on your wishes. For example, you may wish that your children go to college or that your great aunt is able to live in her own home as long as possible. Based on those wishes, you would figure out how much to leave each based on the estimated cost of tuition and board and the estimated cost of a home health care worker and living expenses.

Talk about What You Want

Estate plans can be challenged after you are gone, wrapping up your assets in probate and draining your estate of funds. You can avoid this by simply talking to your loved ones now about what you want. Don’t make your will a secret that they don’t hear about until your death, leading to conflict.

By talking about your wishes now, you can resolve any disputes and reduce the likelihood of your estate going into probate. After all, when everyone knows what you want, your family or friends will have little grounds to create an argument later that they deserve more than was left to them.

Find an Estate Planner You Can Trust

The right Mesa estate planning lawyer can guide you through the estate planning process easily, helping you to understand all the issues that are relevant to your case. Your lawyer is your expert advocate, helping you to create an iron-clad estate plan while also reducing the stress involved.

The Buntrock Law Group in Arizona is ready to help you with all your estate planning needs, whether you need only a simple will or you want to set up a complex plan for protecting your business and ensuring its longevity. Our lawyers have been helping Arizona residents put together solid estate plans for many years, and we are able to minimize the risk of disputes after you are gone. Call us today to start the estate planning process and to get peace of mind.

Buntrock Law Group in Mesa ArizonaPublished By:

Buntrock Law Group, PLLC

2158 N. Gilbert Road, Suite 119
Mesa, AZ 85203

Phone: (480) 664-7728
Email: info@buntrocklaw.com

Contractors Beware: Your Mechanic’s Lien Rights May Soon Be Changing

If you are a contractor or materials supplier involved in construction, when and how you get paid is a primary concern. The same can be said for banks and other institutions that lend money for construction projects, including protection from liens. In most instances, work is performed and paid in a timely manner. However, there are times when the owner does not pay the contractor. In these cases, the contractor files a mechanic’s lien to ensure payment.The primary purpose of Arizona’s mechanic’s lien laws are to protect the contractor and material men whose work or materials improve the value of another’s property. A properly recorded and valid mechanic’s lien has priority over all liens that attach to the property including those liens recorded before the mechanic’s lien was recorded. A case currently before the Arizona Supreme Court may have an impact on a contractor’s lien rights.In Weitz Co., LLC v. Heth, 233 Ariz. 442, 314 P.3d 569 (App. 2013) the general contractor successfully defeated a challenge to the priority status of a mechanic’s lien. The defendants in that action were the home buyers and their lenders. However, the defendants appealed the court’s ruling, arguing that Arizona’s statutory framework governing the priority of mechanic’s liens does not permit a mechanic’s lien to take priority over an earlier recorded lienholder.

The facts in Weitz were that sometime in 2005, Summit at Copper Square, LLC, a Phoenix real estate developer, obtained a $44 million construction loan to build a 165-unit mixed use commercial and residential condominium project located in downtown Phoenix, Arizona. Weitz Construction Co. served as the general contractor on the project. Construction started in January 2006 and Weitz timely served its 20-day preliminary notice. As construction progressed, Summit sold off some of the completed units. Most of the units that were sold were financed by the individual buyer’s mortgage lender. Summit used the proceeds from the unit sales to pay off the $44 million construction loan.

As the project neared completion, Weitz was still owed $4 million, which Summit was unable to pay. Weitz then recorded a mechanic’s lien against the individual condominium units. Weitz eventually filed suit against the individual condo owners and their lenders seeking to foreclose on its mechanic’s lien. The homeowners and lenders objected claiming that their lien had priority over Weitz’s lien based on the theory of equitable subrogation. Equitable subrogation allows a later filed lienholder to take priority, or “leap-frog” over a superior lienholder. Weitz countered that its mechanic’s lien had priority over the lender’s lien based on the mechanic’s lien statutes and A.R.S. § 33-992(A) which specifies the priority mechanic’s liens have over other liens. The trial court agreed with Weitz and permitted Weitz to continue with foreclosure of the condo units.

The homeowners and lenders appealed to the Arizona Court of Appeals. The Court of Appeals agreed with the trial court which resulted in the case being appealed to the Arizona Supreme Court. At this point, the Arizona Supreme Court has not ruled yet. If you’re in the business of building commercial or residential condo projects, the final decision in this case may affect your lien rights. The Arizona Supreme Court’s ruling is expected later this year.

Buntrock Law Group in Mesa ArizonaPublished By:

Buntrock Law Group, PLLC

2158 N. Gilbert Road, Suite 119
Mesa, AZ 85203

Phone: (480) 664-7728
Email: info@buntrocklaw.com

Why There is a Need for a Buy-Sell Agreement among Business Owners

What is the market value of Arizona Beverage Co., the maker of Arizona iced tea? A New York judge will decide the valuation question soon since the company’s founders have been unable to agree on value. The founders have been in a lawsuit for over 4 years on the issue of valuation. One of the reasons for the dispute was due to a prior agreement between the founders that said neither could sell their shares without the other’s consent. Another likely reason is there was no further agreement on the method and manner of company valuation. The gap between the founders’ opinion of value are wide, kind of like the Grand Canyon. One side believes the value is $500 million and the other believes the value is $3-4 Billion.

This story puts a spotlight on a need for an agreement among business owners, commonly called a “buy/sell” agreement. These agreements can bring clarity and consensus to valuation, avoid surprises and deter litigation which costs time and money. If your business does not have one, or it has one but has not been looked at for some time, contact me for a check up on your succession plan. We can review your existing agreement if you already have one and either amend it or create one that is customized to your business. Call (480) 664-7728 today.

Buntrock Law Group in Mesa ArizonaPublished By:

Buntrock Law Group, PLLC

2158 N. Gilbert Road, Suite 119
Mesa, AZ 85203

Phone: (480) 664-7728
Email: info@buntrocklaw.com

In Arizona, can the seller of a real estate property be liable for the failure to disclose that the property being transferred has been the site of a homicide or located in the vicinity of sex offender?

Generally no. Arizona law expressly provides no criminal, civil or administrative action may be brought against the transferor or the landlord for failing to disclose information to the buyer or the tenant that the property was the site of a homicide or located in the vicinity of a sex offender. However, if asked specifically about this and the seller or landlord has knowledge but fails to disclose it, the seller or landlord may be liable to the buyer or the lessee. In a real estate transaction, when the seller is asked a question that fairly calls for disclosure of a material fact, the seller may commit fraud by concealing the truth or otherwise answering in a manner deliberately calculated to mislead.

The attorneys at Buntrock Law Group are experienced real estate law attorneys; contact us today for legal assistance in this area of law. 480-664-7728

Buntrock Law Group in Mesa ArizonaPublished By:

Buntrock Law Group, PLLC

2158 N. Gilbert Road, Suite 119
Mesa, AZ 85203

Phone: (480) 664-7728
Email: info@buntrocklaw.com

Tax Exempt Application Process Streamlined for Small Charities

Important update for Small Charities:

Effective July 2014, small charities seeking tax exempt status may be able to file using the 1023-EZ form. It is only 2 pages long and does not require details about the charity’s financing or organization. It is for small charities with annual gross receipts to be equal to or less than $50,000 in any of the next 3 years and total assets may not exceed $250,000. The form cannot be used by churches, schools, hospitals or non-profits organized as an LLC.

For more information, please contact Shane Buntrock at 480-664-7728.

Buntrock Law Group in Mesa ArizonaPublished By:

Buntrock Law Group, PLLC

2158 N. Gilbert Road, Suite 119
Mesa, AZ 85203

Phone: (480) 664-7728
Email: info@buntrocklaw.com

MR. BUNTROCK ELECTED CHAIRMAN OF THE ARIZONA BURN FOUNDATION BOARD

Shane Buntrock recently elected as Chairman of the Board of the Arizona Burn Foundation for a two year term starting April 1, 2014.
“. . . I am honored to serve with so many talented and dedicated people. I am excited about the next two years with the Capital Campaign in full swing, the expansion of our prevention and outreach programs throughout the State of Arizona and the completion of a permanent home for the Arizona Burn Foundation. I am grateful for the impact that has been made and is being made in the lives of burn victims and their families by the generosity of our supporters!”

Arizona Burn Foundation Camp Courage June 2014

Great time at Camp Courage near Prescott AZ! Mr. Buntrock is tackling the rope course. A shout out to all the volunteers and staff that make Camp Courage a success!
Enjoy the 2014 Camp Courage Video highlights http://vimeo.com/98375230. Camp courage is provided by the Arizona Burn Foundation.

Volunteering at Feed My Starving Children

BunLast weekend Shane Buntrock had the opportunity to volunteer with his daughter at a Feed My Starving Children site. It was a great experience for a great organization!

Mesa Lawyer Adds Attorney to Firm

Buntrock Law Group announces Janet Spears as an Associate Attorney. Her experience in real estate law, construction law and debtor creditor rights will be a great asset to the Mesa lawyer, Shane Buntrock.

(Newswire.net — April 21, 2014) Mesa, AZ –Buntrock Law Group is pleased to announce Janet Spears as an associate attorney. She is a experienced attorney who has substantial experience with creditor rights, foreclosures, commercial litigation and real estate transactions. Spears has worked in the legal profession for more than two decades before joining Buntrock Law.

Janet Spears is a graduate of Arizona State University in 1997 and the Thomas Jefferson School of Law in 2001. She is licensed to practice law within the state of Arizona. She has extensive experience as a real estate attorney and her skill in business and corporate litigation will benefit future clients needing an expert representing them.

Arizona business attorney, Shane Buntrock, Esq. of Buntrock Law Group said this of Janet Spears working with the firm, “…We are pleased that Janet joined us. She brings a great deal of experience with her; she gets to know her clients’ objectives and works hard for them…”

Buntrock Law Group believes working with the right attorney who understands you and your goals and objectives makes all the difference your legal matters.  Buntrock Law represent individuals and businesses in a variety of matters within their practice areas.

Buntrock Law Group is located at 2158 North Gilbert Road. As a Mesa Lawyer, Shane Buntrock has provided professional estate litigation and legal advice on all types of corporate matters. Find out more about Janet Spears, Esq. and the Law Firm of Buntrock Law Group by calling 480-664-7728 or click here.

Buntrock Law Group

2158 N. Gilbert Road, Suite 119
Mesa, AZ 85203

480-664-7728
info@buntrocklaw.com
http://buntrocklaw.com/