News and Insights

Visit regularly for up-to-date information on relevant news, firm announcements and additions to our AZ Health Law Blog.

Attorney Amanda Salvione spoke to ABC15 about the red flags to look out for when it comes to student loan scams.

August 21st, 2017

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Attorney Amanda Salvione talks to Fox10 about the new mandatory paid sick time law that went into effect on July 1, 2017.

July 10th, 2017

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(Scottsdale, Arizona) Radix Law announced that two of its attorneys, partner Adam Buck and associate Amanda Salvione, have been selected as presenters for a seminar during the 2017 State Bar of Arizona Convention.

The three-day conference, to be held June 14 through June 16 at the Westin La Paloma in Tucson, is an annual reunion of State Bar of Arizona Members and features dozens of seminars, meetings and special events on a wide variety of legal topics. The theme of this year’s convention is Our Bar – Serving and Protecting the Public.

On Thursday, June 15, Radix Law attorneys Buck and Salvione will be featured speakers during a seminar titled Advanced Issues in Land Use: Navigating the Dangers of Deed Restrictions in Residential and Commercial Development. 

The seminar is presented by Real Property Law Section, of which Salvione is a co-chair for the seminar and is on the Executive Council.

Specifically, Buck and Salvione will teach attendees about the recent changes in community association and deed restriction law, drafting considerations, hot issues in deed-restriction litigation and unexpected ways that deed restrictions can derail land use.

Buck is a Certified Real Estate Specialist with nearly two decades of transactional and litigation experience in Arizona and Nevada. As a partner with Radix Law, Buck focuses on laws pertaining to business, real estate, homeowners association (HOA), employment, and commercial litigation.

“It’s very exciting to collaborate with our peers and discuss issues we are passionate about,” said Buck. “We are honored to be asked to present at this seminar in Tucson with some of the top lawyers in the state.”

Amanda Salvione’s practice focuses on real estate, business formation and structuring and finance law.

“Adam and I are thrilled to represent Radix Law at the State Bar of Arizona Convention, and are looking forward to sharing what we’ve discovered through our work, but more so to learn from others and take that knowledge back to our clients and ultimately, our community,” said Salvione.

Formed in 2008, Radix Law attorneys serve companies, individuals and families throughout Arizona in business and corporate law and related areas, ranging from taxation and asset protection to bankruptcy and estate planning. The firm leads the Valley of the Sun in estate planning and trust administration law.

June 13th, 2017

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Whether you’re starting a new business, or growing one, you will turn a corner where funding the venture from your savings account is no longer an option. So where do business owners go after they exhaust savings and are on the brink of turning a profit? This article gives a few ideas for that next turn, outside of an initial public offering- which is generally too costly when starting out.

Have a Plan
Before taking any path, don’t forget to make a plan. A detailed business plan that lays out a road map of where your business intends to go will come in handy when talking to people. This plan can be a flexible work in process, but needs to be in place before you talk to anyone about raising money.

Determine Capital Needs
Even if you are not a numbers person, you have to figure out what baseline needs for your business to run. Do it on a 1, 3, and 5 year trajectory. Have a few different scenarios. You don’t need to show these to others. Once you find an avenue that fits your business plan sit down with an accountant to make sure your bases are covered. After you know what you need and how you’ll spend it, then you can find the money.

Family and Friends
The first people new business owners inevitably turn to when looking to raise money is their family and friends. Even if these people don’t bite, it is good practice. Take your pitches seriously. Create a pitch deck and present it even. You can either take on debt financing at a reasonable interest rate or sell a (small) portion of your business interest for their cash input.
Be wary of extending the “friends” circle too far or talking in public because of securities rules. Take the time to find a trusted adviser, like an attorney, to talk to about your plans and to help with company documents. Ask what you missed and what you need to look out for when raising money. They will help find answers specific to your situation and goals.

Traditional Lenders
Banks and other lenders may have great terms for a company that has established a little bit of history. There are also many options for startup and small business loans and ways to personally secure a loan for your new business. Establish a relationship with a good business banker, maybe start at your personal bank, so they can talk to you about different options and programs. Also consider opening a business account with a local or regional bank that might have more flexibility in evaluating your business’ creditworthiness.

Private Offerings
Another option is a private offering of debt or equity in your business to accredited investors – based on things like net worth or total assets owned. As a side note, there are offering types for up to 35 non-accredited investors -people who don’t meet minimum requirements- which require more caution to do properly.

Once you’re considering whether to do a private offering, be sure you have a solid business banker, adviser, consultant or broker dealer (who you higher depends on your needs and size), a knowledgeable attorney, and a good tax professional or accountant on board- also find a PR or marketing person to help boost your business presence. Your team is critical in helping you figure out a valuation, structure an offering, identify avenues to find potential investors, and administer the overall offering, especially if these things are new to you. Private offerings are a great way to raise money when state and federal securities rules are followed. There are also quasi-public options like crowdfunding and Regulation A+ that your team can talk with you about.

“Sophisticated” Investors
Although angels, sharks, hedge funds, and investment companies can be great sources of capital, it comes with a price. You will often be faced with selling off a chunk of your business based on a valuation you don’t agree with. But it might be worth it to get to the next growth phase. Going through the points above before approaching these investors allows you to learn how to best position your business to make it more attractive and build value.

June 8th, 2017

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Attorney Amanda Salvione discussed possible changes to overtime pay law with ABC15 after the House just passed a bill that would let employers give workers paid time off instead of time-and-a-half pay the next time they put in extra hours.

May 11th, 2017

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Domestic traveler rights fall under three areas: federal laws, airline regulations and airline policies. Most airlines maintain a “contract of carriage” agreement between itself and travelers who fly on their airlines available through their website. A free mailed copy may be requested from individual airlines that maintain a contract of carriage. A contract of carriage often describes refund policies, check-in requirements, delayed flight procedures, and other important information regarding an airline. The Department of Transportation (DOT) also has a helpful resource from the Aviation Consumer Protection’s Division available on its website called Fly-Rights: A Consumer Guide to Air Travel. The DOT guide discusses topics like flight delays, cancellations and travel scams, while covering rules for consumer complaints.
Many current federal protections for airline passengers were enacted in 2009 when DOT issued its rules on “Enhancing Airline Passenger Protections.” DOT is tasked with ensuring consumers are protected from “unfair or deceptive practices” and that airlines provide “safe and adequate service” to consumers in interstate flights. DOT rules were enacted after a series of domestic flight delays while passengers were on board, some for periods in excess of 10 hours.
2009 federal passenger protection rules addressed ground delays, required airlines report habitually delayed flights, and required heighten consumer disclosures. The 2009 rules were expanded in 2011, when DOT enhanced airline passengers’ rights in the event the airline they book through oversells seats and expanded on how to deal with flight delays and cancellations. Additional requirements included that the airlines must give consumers access to sufficient, accurate information at the time of selecting a flight. Information required for disclosure before booking include blatantly describing the total cost of a flight, with all government and airline taxes and fees.
In 2016 further rule changes were enacted. These changes fell under the FAA Extension, Safety, and Security Act of 2016. The 2016 extension did not, however, expand on multiple consumer centric topics, like requiring airlines disclose code-share arrangements for domestic flights, passenger compensation in the event of over sale of a flight, or transparency in ancillary flight fees that have become unbundled (e.g. baggage fees). DOT did not agree with prior proposals requesting removal of the requirement that airlines keep cost information prominently displayed. The fear was that a removal of fee disclosure requirements could have permitted airlines to advertise base airfares, even when consumers would be unable to buy airline tickets at those prices. Code share flights, or when a commuter plane may be used for a connection flight (generally happens in small cities and is indicated by a 4 digit flight number), can still create an issue. However, if indications of a code share flight present themselves, then a passenger is entitled to further information from the airline. The act did have some provisions on passengers’ rights and strengthened statutory basis for certain existing DOT rules.
The 2016 act extension included language to better define excessive tarmac delays, while adjusting how to measure such delays. The change in measurements could provide leeway to how airlines manage flight delays. It is worth noting, however, that airlines still maintain significant control over how they manage delayed flights and bumping passengers from over-booked flights, whether voluntarily or involuntarily. Either way, consumers should be cautious when planning their travel, especially in peak seasons, to account for delays. One way to do this is to review consumer reports through the DOT that disclose the number of delays an airline experienced over a certain period. That said, the impact of these measurements is not fully reported yet in current Air Travel Consumer Reports available from the DOT.

Presently, a maximum civil penalty of $32,140 per violation may be assessed against airlines in violation of the 2016 act. Although it is noted that small businesses and individuals in violation face a maximum penalty of $1,414 in general, up to $12,856 per violation over discrimination, and up to $3,214 for violations based on unfair or deceptive practices.

Small businesses and individuals that work with the travel industry should ensure they know which regulations pertain to their activities and be familiar with non-compliance penalties as well as the overall consumer complaint procedure. Consumers should familiarize themselves with specific airline policies pertinent to them and with general information in the DOT’s consumer guide. This way, if an individual believes an airline acted inappropriately, they will know when it is something to file a complaint over, negotiate with the airline directly, or just accept as a cost of being a consumer.

February 8th, 2017

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A new year brings new laws into action. The laws to watch in 2017 range from simple form changes to moves to increase hourly wages and, across the nation, indicate certain trends for changes in marijuana legalization and cellphone usage.

February 2nd, 2017

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PHOENIX – The Frutkin Law Firm has become the first Arizona practice to take advantage of the state bar’s trade name rule. It announced it will rebrand as Radix Law on Jan. 1 2017.

There is a long tradition in the practice of law: the name of a firm includes the surnames of the most prominent partners. As law has become such a big business over the past decade, the largest practices in the world are names of partners who have long since passed away.

This tradition was also required by the Arizona Bar until recently. Now, firms can ditch the commas in favor of a more universal trade name.

Radix, in Latin, means “root.” It can mean the root of a tree, the root of knowledge or the root of a number. While the firm’s attorneys come from all over the world, they have decided to be rooted in Arizona.

“Our new name reflects our values,” says Principal Jonathan Frutkin. “We are a business law firm that helps our clients pursue opportunities and fights for them when challenged – and we are rooted right here in Arizona. It is also an acknowledgement that we have grown from being a solo legal practice into a business law firm with almost a dozen lawyers.”

The Frutkin Law Firm was formed in 2007 and now has 11 attorneys with decades of experience. They serve companies, individuals and families throughout Arizona in business and corporate law and related areas, ranging from taxation and asset protection to bankruptcy and estate planning. Radix Law leads the Valley of the Sun in estate planning and trust administration law. Radix Law’s attorneys are respected sources in their field and contribute to local and national media.

About Radix

Radix Law, formerly The Frutkin Law Firm, was founded in 2007 by attorney Jonathan Frutkin with the goal of providing exceptional legal representation to clients throughout Arizona in business and corporate law and related areas. Radix helps businesses, individuals, and families in Phoenix and throughout Arizona with their corporate and business law, bankruptcy, taxation, asset protection, wills, trusts, and estates, and litigation needs. The firm is located at the Kierland Commons in Scottsdale. For more information, visit radixlaw.com

December 30th, 2016

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Attorney Amanda Salvione talks to New Channel 3 about what you need to disclose when selling a home that might be haunted.

November 15th, 2016

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Our privacy rights constantly tumble in flux as technology continues to outpace practical legislation concerning data collection and use. Aggregated Information used to, for example, study trends is not the primary issue. Rather, information that contains something an unrelated person can use to identify who it came from is. If I visit a website that tracks details of my visit, I do not expect the website to sell information that alone would allow the buyer to personally identify me without my knowledge or permission. Personal information comes in many forms, but heightened attention is focused on current issues around biometrics.

Biometric identifiers are things like your fingerprint, voiceprint, facial geometry, or iris scan. Biometric information is the information that contains your biometric identifiers. They are unique personal identifiers. Think facial recognition capabilities of Facebook or Shutterfly when people upload photos. This same capability landed both companies in recent litigation for violating an Illinois biometrics privacy law.

With increasing availability of ways to obtain and verify consumer information (say going from gathering my date of birth to gathering my fingerprint or other biometric identifier), companies can implement advanced analytics to recognize and monitor consumers whose information they obtain. Problem is, the more unique my personal information, the more valuable it becomes to me. My finger print is one of the most unique identifiers I possess. My birthday, like everyone else’s in the world, is only one of 365 options. Of course I already know a person who obtains my information, regardless of fault, can cause me harm. To gauge the degree of risk when I share my information, I think of a chart where the more unique my personal information, the more severe the potential harm. People who wrongly access my information can create problems like identity theft, but depending on the information type they may even be able to use it to track my activities and physical location.

Although government’s use of biometrics is not new, prevalence of affordable, accurate applications that businesses can use to gather and analyze the data has gained increasing traction. Now, it is a matter of determining to what extent private sector actors will be obligated to disclose their intentions to consumers to allow for informed consumer consent prior to gathering or using biometric information.

That brings us back to the recent issues Facebook faced in Illinois for violating the state’s 2008 Biometric Information Privacy Act (BIPA) which prohibits collection, use and sale of biometric identifiers absent proper informed consent. Illinois residents filed suit against Facebook for violations of BIPA that have yet to be fully decided. The California courts first had to decide regarding unrelated legal matters like jurisdiction, forum selection and other procedural items. The court decided BIPA applies, but it is still unanswered as to whether Facebook (1) properly informed consumers about the specific use, storage and collection of their biometric data, (2) obtained signed releases from consumers to conduct activities with their biometric data, or (3) sold, traded or disseminated to consumer’s data for profit.

The case against Facebook is just one example of challenges to companies’ over their use of consumer information. As consumers we ideally should own our information, and control how it is used, but the Illinois case shows how the legal framework surrounding ownership, collection, use, and sale specifically of biometric information remains unclear at best.

The difference with Facebook’s facial recognition verse iPhone’s use of fingerprint identification, for comparison, is Apple is not collecting or storing the data. The phone holds the encrypted mathematical mapping of your fingerprint data to help preserve ownership and to avoid unauthorized access from others.

To determine who owns what, including the data that has already been gathered and is stored, legislators need to refine the scope of consumer protection and privacy laws regarding data sharing, storing, collecting, and cross-referencing. Consumers need the ability to make informed consent about the use of their biometric information.

There are substantial benefits to advancing technology surrounding biometric identifiers, which should not be ignored or over inflated when addressing issues of its ownership and use, but the greater the advancement in technology can also lead to a greater risk of biometric data being used improperly.

July 13th, 2016

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