Tuesday, March 28, 2017

Jennings, Strouss & Salmon Continues Strategic Growth with the Addition of Three Attorneys

Jennings, Strouss & Salmon, P.L.C. continues to implement its growth strategy to be better positioned for the future by adding three new Members. The firm is pleased to welcome Joseph E. Cotterman, Howard J. Weiss and Patrick D. White to its Phoenix office. 
Celebrating 75 years of advising businesses and individuals on a wide-range of legal matters, Jennings, Strouss & Salmon is excited to be growing its transactional and litigation departments to enrich the services offered to clients across multiple practice areas. Over recent months, the firm has welcomed eight new attorneys with experience in multiple areas, including tax, commercial litigation, labor and employment, medical malpractice, legal ethics, bankruptcy, real estate, and energy. Jennings, Strouss & Salmon continues to build its presence throughout North America through its Arizona and Washington, D.C. offices.
“It is a very exciting time for the firm,” states John C. Norling, Managing Attorney. “Established companies are expanding locally and into new markets, and new businesses are emerging and experiencing rapid growth. Jennings, Strouss & Salmon recognizes the need to plan for the future and is expanding in the areas and industries where we see the most development to ensure we continue to provide high-quality legal services to our clients. Joe, Howard and Patrick – three very experienced and esteemed attorneys – are great additions to the firm and their respective departments.”
Joseph E. Cotterman
Cotterman joins the firm’s Business Restructuring and Reorganization department with over 25 years of experience representing clients in the areas of corporate restructuring, business bankruptcy, creditors’ rights, and commercial litigation. He advises corporate debtors, creditors, and committees in Chapter 11 cases, and lenders and borrowers in commercial and real estate foreclosure litigation. Cotterman’s restructuring experience includes the representation of creditors and debtors in the real estate development, retail, manufacturing, health care, telecommunications, airline, firearms, and high-tech industries. He has served as a presenter, author, and instructor on topics relating to bankruptcy law and procedure, and foreclosure and collection litigation. Cotterman earned his J.D., magna cum laude, from the Arizona State University Sandra Day O’Connor College of Law, and a B.S. in Justice Studies, summa cum laude, from Arizona State University.
Howard J. Weiss
Weiss expands the depth and breadth of the firm’s Real Estate department with his experience representing clients that are purchasing, selling, and leasing retail, office, industrial, and multifamily properties. In addition, he represents Canadian clients with their U.S. entity selection and real estate transaction needs. Weiss also works with landowners on the negotiation and drafting of cell tower leases. To complement his real estate practice, he counsels clients on business transactions, including the preparation of asset and stock purchase agreements, security agreements, operating agreements, shareholders agreements, promissory notes, consulting agreements, confidentiality and nondisclosure agreements, and other business-related contracts. Weiss often presents to professionals in the real estate industry. He earned his J.D. from Georgetown University Law Center and a B.S. in Accounting from Pennsylvania State University.
Patrick D. White
White enhances the extensive knowledge and experience of the firm’s Medical Malpractice and Health Care Professional Liability department. For over twenty years, he has focused his practice in the areas of medical malpractice defense, representing physicians, health care entities, and HMOs. White also represents physicians and orthodontists before state licensing boards, and has litigation experience in the areas of general liability defense and professional liability defense. He is licensed to practice in Arizona and Illinois. White earned his J.D. from IIT Chicago-Kent College of Law and a B.S. in Finance from Loras College.
About Jennings, Strouss & Salmon, P.L.C.
Jennings, Strouss & Salmon, P.L.C., has been providing legal counsel for 75 years through its offices in Phoenix and Peoria, Arizona; and Washington, D.C. The firm's primary areas of practice include advertising and media law; agribusiness; automobile dealership law, bankruptcy, reorganization and creditors’ rights; construction; corporate and securities; employee benefits and pensions; energy; family law and domestic relations; health care; intellectual property; labor and employment; legal ethics; litigation; professional liability defense; real estate; surety and fidelity; tax; and trust and estates. For additional information please visit www.jsslaw.com and follow us on LinkedIn, Facebook, and Twitter.
The firm’s affiliate, B3 Strategies, assists clients with lobbying and public policy strategy at the local, state, and federal levels. For more information please visit www.b3strategies.com.

Contact:  Dawn O. Anderson | danderson@jsslaw.com| 602.495.2806

Wednesday, March 22, 2017

Businesses Beware: Don't Get Hooked into Paying for Forms You Don't Need

By: John “Jack” G. Sestak, Jr., Member, Jennings, Strouss & Salmon, P.L.C.

Over the years, I have come across what appear to be “official” correspondences from companies portraying themselves as state-related representatives. Their purpose is to “scare” a business into hiring them to prepare form corporate documents, stating that all corporations must file annual reports with the Arizona State Corporation Commission; however, many businesses, such as limited liability companies, are not required to file annual reports. In addition, the letters offer to prepare annual director and shareholder meeting minutes at fairly significant rates. 

The bottom line – understanding your business structure and its reporting requirements is extremely important to ensure you are compliant. It is also prudent to prepare and retain annual director and shareholder meeting minutes; however, do not get hooked into paying “service” firms for forms you may not need, or that may be substandard or simply false. It is in a company’s best interest to confer with its attorney, or seek experienced legal counsel, regarding business filings, compliance and other legal needs.


John “Jack” G. Sestak, Jr. represents small, medium and large companies in all areas of business and commercial litigation. He advises clients with matters related to corporate, administrative, creditors' rights, securities litigation, real estate, employment, professional negligence, and environmental matters.

Mr. Sestak is an experienced litigator and has assisted with a broad range of commercial litigation issues, including general contract disputes, shareholder and partner disputes, employment issues, and arbitration proceedings. In addition, Mr. Sestak handles business and commercial transactions of all kinds, providing counsel and advice on business planning, as well as dispute resolution. He has also represented major financial institutions in dispute resolution and litigation matters. Mr. Sestak can be reached at 602.262.5827 or jsestak@jsslaw.com

Wednesday, March 15, 2017

Arizona Supreme Court Upholds Arizona Prop 206

By: Otto S. Shill, III, Attorney, Jennings, Strouss & Salmon, P.L.C.

The Arizona Supreme Court has unanimously upheld Arizona Proposition 206, which, effective January 1, 2017, increased Arizona's minimum wage to $10.00, and requires employers to provide paid sick leave to employees beginning July 1, 2017.

The statute, known as the Fair Wages and Healthy Families Act, is the result of a 2016 voter proposition. It has been highly contested by numerous business organizations; however, with this decision, employers must take immediate steps to ensure that they (i) are compliant with the minimum wage requirement already in effect, and (ii) prepare for the policy and recordkeeping changes that will be required for the addition of paid sick leave benefits beginning July 1.

While legislative efforts may be forthcoming to make changes to this law, permissible changes are limited because it was passed by voter initiative. So, a higher minimum wage, as well as paid sick leave for all Arizona employees, is now a reality that employers must acknowledge. The labor and employment team at Jennings, Strouss & Salmon is available to help evaluate your current plans and assist with the creation and implementation of new or revised policies to ensure your business is compliant.


Employers have many options for hiring labor and employment legal representation; however, unlike Jennings, Strouss & Salmon, few encompass the reputation, history, experience, and full-service functionality under one roof.

Minimum wage and overtime issues under the Fair Labor Standards Act create unique challenges for employers. We offer creative solutions and swift litigation support. From internal compliance audits to Department of Labor investigations, we guide clients through the maze of regulations to ensure they comply with the ever changing laws, and defend clients facing wage and hour litigation in both individual and collective claims.

Our labor and employment attorneys are also experienced at handling the wide-range of employment issues that challenge businesses, big and small. They regularly assist clients in hearings before numerous administrative agencies, such as the EEOC, OSHA, NLRB, OFCCP, U.S. Department of Labor, Arizona Civil Rights Division, and the Arizona Department of Economic Security. In addition, our labor and employment attorneys are skilled litigators, defending clients in all types of lawsuits brought before state and federal courts (both trial and appellate). They also assist our clients in resolving disputes through negotiation, mediation, arbitration, early neutral case assessment and other alternative dispute resolution techniques.

For assistance with any of your labor and employment needs, please contact one of our experienced labor and employment attorneys:

John J. Egbert - johnegbert@jsslaw.com - 602-262-5994
Chris M. Mason - cmason@jsslaw.com - 602-262-5817
Otto S. Shill -  oshill@jsslaw.com - 602-262-5956
John "Jack" G. Sestak, Jr. - jsestak@jsslaw.com - 602-262-5827
Lindsay G. Leavitt - lleavitt@jsslaw.com - 602-262-5825

Wednesday, March 8, 2017