Legal Articles: Robert D. Mitchell, Phoenix Litigation Attorney

Articles

Phoenix litigation attorney Robert Mitchell offers practical articles and valuable insight on a wide variety of topics related to securities law, real estate law, and general legal and litigation matters.

Please note that, while the articles contained in this website accurately describe applicable law on the subject covered as of the date of publication, the law continues to develop with the passage of time. Accordingly, before relying upon any article, care should be taken to verify that the law described herein has not changed.

Securities Law

“Accredited Investor” Definition: 2020 Changes

Accredited Investor Exemption from Securities Registration

Aiding and Abetting Liability

Appealing Arizona Corporation Commission, Securities Division Decisions

Arizona Consumer Fraud Act and Private Causes of Action in Investment Fraud Cases

Arizona Securities Division Administrative Proceedings

Authorities on the Failure to Disclose Material Facts In Connection With the Sale of Securities

Broker-Dealer Liability in Selling Away Cases

Business Transactions/Investment Contracts and the Securities Laws

Class Actions vs. Individual Securities Arbitration Claims

Contributory Negligence as a Defense to a Securities Law Claim

CRD Expungement of FINRA Customer Disputes and Complaints

Crowdfunding under the JOBS Act

Do Statutes of Limitations Apply to Arizona Corporation Commission, Securities Division Enforcement Actions?

Does Fraud Invalidate an Exemption from Securities Registration?

The Duty of a Brokerage Firm to Monitor Customer Accounts and Make Recommendations

Effect of Failure to Read Legal Documents

Expungement of Form U5 Information

False U5 Filings and Consequences

Federal Preemption of State Blue Sky Regulations

Fiduciary Duties in Arizona Investment Transactions

Fiduciary Duties of Trustees in Investment and Financial Matters

Filing a Securities Fraud Complaint

Fines, Penalties, and Liabilities for Violating Arizona Securities Laws

FINRA Immunity from Civil Claims

FINRA Implements Stringent Rule Changes Related to Expungement of Customer Complaints Effective October 16, 2023

FINRA’s New Discovery Guide

FINRA’s Optional All Public Arbitrator Program

Governmental and Regulatory Agency Immunities Under Arizona Law in Securities Investigations and Proceedings

How Does the FINRA Arbitration Process Work for Investor Claimants?

The Inherent Risks of Non-Purpose Securities-Based Lending Transactions

Introduction to New SEC Regulation BI

LLC Interests as Securities

Personal Jurisdiction in Arizona Securities Cases

Ponzi Schemes: How to Detect and Avoid, How to Recover

Private Offering Exemption Under Arizona Securities Law

Promissory Notes as Securities Under the Arizona Security Code

SEC Whistleblower Program

Securities Claims That Are Not Dischargeable in Bankruptcy

Securities Fraud Claims Under Utah Law

Securities Law and Financial Fraud Violations Not Dischargeable In Bankruptcy

Securities Registration and Exemptions Under Federal and Arizona Law

Statutes of Limitation in Arizona Securities Cases

Whistleblower Claims Under Federal and Arizona Law

Who Is Considered an Accredited Investor Under Federal and State Securities Laws?

“Within or From” Under Arizona Securities Laws

Real Estate Law

Arizona Commercial Real Estate Claims

Commercial Landlord’s Non-Contractual Obligations to Tenants Under Arizona Law

Disclosure Issues in Real Estate Transactions

Do Real Estate Broker Commission Agreements Have To Be In Writing?

Holdover Tenants in Commercial Leases: Arizona Law

Landlord’s Lien on Commercial Tenant’s Personal Property in Arizona

Liability for Wear and Damage to Commercial and Industrial Leased Property

Locking Out a Defaulting Tenant in a Commercial Lease: Arizona Law

Material vs. Immaterial Breach of a Commercial Lease

Personal Guarantors in a Commercial Lease Renewal: Arizona Law

Prescriptive Easements

Public Auction Procedure for Landlord Selling Tenant Property

Real Estate Broker Employment and Listing Agreements in Arizona

Remedies for Commercial Landlords Under Utah Law

Remedies for Failure by a Commercial Tenant to Sign Estoppel Certificate

Sale-Leaseback of Commercial Real Estate: Pros and Cons for Buyers and Sellers

Specific Performance in Real Estate Contracts

Types of Deeds in Arizona and Utah Real Estate Transactions

Use of Commercial Lease Audits

Who Owns Fixtures Attached To Leased Commercial Real Property In Arizona?

Trials and Litigation

Hearsay and Its Exceptions Under Arizona Law

How Juries Are Selected in Federal Courts and Superior Courts in Arizona

How to be a Good Trial Witness

“I Have a Civil Lawsuit Judgment. What’s Next?”

May Corporations and LLCs Represent Themselves in Arizona Courts?

New Method of Calculating Sanctions for Offers of Judgment in Arizona

“Should I File a Lawsuit?”

When Is a Lawsuit an Abuse of Process?

General Legal

A Private Claim for Civil Racketeering in Arizona

Alter Ego Doctrine and Piercing the Corporate Veil

Arbitration Clauses: To Include or Not Include?

Arizona Rules of Contract Interpretation

Arizona’s Economic Loss Rule and Investment-Related Cases

Civil Conspiracy Claims

Claims for Breach of the Implied Covenant of Good Faith and Fair Dealing

The Elements of a Defamation Claim in Arizona

The Elements of a False Light Invasion-of-Privacy Claim in Arizona

Elements of an Arizona Breach of Warranty Claim

The Elements of Common Law Fraud

Enforceability of Restrictive Covenants in Arizona

Financial Abuse of the Elderly: Federal and State Laws

Informal Fiduciary Relationships

Fiduciary Duties Under Utah Law

For How Long Are Arizona Judgments Enforceable?

Information on Your Mediation

Interest Rates on Arizona Judgments

Internet Defamation and Remedies

The Perils of Internet Defamation: $38.3 Million Jury Verdict in Internet Defamation Case

Pre-Litigation Discovery Under Arizona and Federal Law

Recoverability of Lost Profits in Arizona

Seeking Appointment of a Receiver Under Arizona Law

Statutes of Limitation: Arizona, California, Utah

Subpoena Protections and the Press

A Summary of Possible Arizona Claims for Relief

UCC Remedies for Secured Creditors

What Are "Trade Secrets" in Arizona and Can Companies Protect Them?

When Does a Communication Over the Internet Constitute Defamation?

Why You Should Hire Robert Mitchell as Your Legal Counsel

Wrongful Institution of Civil Proceedings Under Arizona Law

Wrongful Interference Claims

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