Family Law

• Divorce
  Divorce trials can be quite expensive and can prolong the painful aspects of divorce. At Burch & Cracchiolo, we encourage our clients to mediate their divorce with the goal of reaching a solution that all parties can bring as much resolution and peace to the family as quickly as possible. Divorce mediation allows the parties the opportunity to control the outcome to maintain control and make all the decisions, instead of relying on a judge or court commissioner to do so. All of our Family Law attorneys are proponents of mediation and experienced in representing clients as they mediate. In addition, among our attorneys, we have several trained and experienced mediators who emphasize divorce mediation.
• Child Support
  Same-sex couple Giovanah and Dominique were friends with Ray and Melanie. Ray agreed to be a sperm donor on behalf of Giovanah and Dominique with the understanding that he would have no parental rights and would not be subject to child support. Giovanah became pregnant. Although Giovanah and Dominque briefly lived with Ray and Melanie, they soon left due to issues with Ray’s drinking and anger. Giovanah and Dominque married shortly before their son, JL, was born, with both of them listed as the parents on his birth certificate.
• Child Custody and Visitation
  Burch & Cracchiolo attorneys handle a wide variety of matters in Family Law, emphasizing dissolution issues including divorce representation and mediation, property division issues and child custody, support and paternity. The attorneys in our Family Law practice are well regarded in the practice and known for handling complex matters involving complex business valuation issues. Today, we have one of the largest and most experienced groups of Family Law attorneys and paralegals working in Arizona.
• Adoption
• Paternity
  Legal decision-making, also known as legal custody, refers to the authority to make important decisions on behalf of a child, such as those related to education, healthcare, and religious upbringing. In family law, legal decision-making is often addressed in the context of divorce or paternity cases, where the court must determine who will be responsible for making these decisions. At Burch & Cracchiolo, we understand the importance of these decisions for the well-being of the child and work closely with our clients to understand their unique situation and to develop a strategy that will help them achieve the best possible outcome for their children.
• Premarital Agreement
  The Arizona Court of Appeals, Div. One, held that attorneys' email exchanges may bind their respective clients as an enforceable agreement under Arizona Rule of Family Law Procedure 69. The emails here, together with a parenting plan filed with the court and the parties' premarital agreement, exhibited objective expressions of the parties' obligations in dissolution, supported by consideration, and their mutual assent to all material terms to the dissolution of their marriage. It also held the family court did not err in approving the distribution of the parties' property under the premarital agreement without first holding an evidentiary hearing. The family court found the separation agreement fair and equitable, and without a factual dispute before it, that court had no need to hold an evidentiary hearing and was required to distribute all remaining property Wife or Husband owned under the premarital agreement. Evidence also supports the family court's finding that the parties' agreement regarding custody, support and parenting time was reasonable, and that the court independently considered the children's best interests.
• Guardianship
  Guardianship and conservatorship are legal processes that allow a court to appoint an individual or entity to make decisions and manage the affairs of a person who is unable to do so themselves due to incapacity or disability. Guardianship generally deals with the care and personal needs of the person, while conservatorship deals with the management of the person's financial affairs. At Burch & Cracchiolo, our attorneys are experienced in handling guardianship and conservatorship cases. We understand the complexities and sensitivity of these matters, and are equipped to guide clients through the legal process, including the appointment of a guardian or conservator, and the ongoing management and oversight of the ward's affairs. Our attorneys also have experience in handling disputes that may arise in the context of guardianship or conservatorship and are prepared to litigate when necessary. Our goal is to help ensure the well-being and protection of those who are unable to make decisions for themselves.
• Spousal Support
  The appellate court held that the insurance obligation of the agreement did constitute a spousal maintenance obligation and was modifiable because the agreement did not state otherwise. Ariz. Rev. Stat. § 25-327(B), the court held to authorize extending that obligation to Husband’s estate upon his death. 7, 11-12. The court of appeals also held that the family court had not abused its discretion in making the order, considering the Wife’s health, age, resources, and other factors. The order was affirmed.
• Legal Separation
  By its express language, § 25-318.01 applies only to property dispositions made pursuant to §§ 25-318 and -327. Section 25-318 governs the division of property in legal separation or marriage dissolution proceedings, while § 25-327 applies when a party seeks to revoke or modify a previously ordered division of property. But nothing in § 25-318.01 restricts the family court’s ability to enforce a disposition order.
• Annulment
  Our Family Law practice goes beyond dissolution and includes issues that may arise in the family context, such as prenuptial agreements, grandparents' rights, annulments, legal separations, paternity, in loco parentis, guardianships and adult adoptions.

Criminal Law

• Criminal Defense
  Now with 40 attorneys, Burch & Cracchiolo is one of the Southwest's premier law firms. The firm was founded in 1970 by Haze Burch and Dan Cracchiolo and today the firm’s lawyers are among the most highly regarded and recognized leaders in the areas of business and corporate law, construction, criminal defense, estate and wealth preservation planning, family law, finance, labor and employment, litigation, personal injury and insurance defense, real estate, and tax law. The firm has a long history of giving back to the community through non-profit sponsorships, donations, and volunteer efforts. B&C has been honored as an AZ Business Angel by the Arizona Business Magazine in 2020, 2021 and 2022.
• DUI/DWI
  Faith Mascolino went out drinking at several establishments. She pronounced herself “okay to drive” when dropped off at her car and was stopped at 1:15am by two DPS officers who saw her drifting across the lanes of the freeway. She was arrested for DUI, placed in the back of the patrol car, and a call was made for a family member to retrieve her car.
• Wrongful Death
  Wrongful death claims are brought against a defendant who has caused someone's death, either through negligence or as a result of some intentional action. Wrongful death claims allow the estate and/or those close to a deceased person to file a lawsuit against the party who is legally liable for the death. Though each state's wrongful death laws vary, these kinds of lawsuits are usually filed by a representative of the deceased person's estate, often on behalf of surviving family members affected by the death.
• Sex Crimes
  In this appeal in a criminal case, the convictions and sentences were affirmed in a sexual molestation prosecution. Part of the court of appeals decision was ordered de-published. The focus in the supreme court was on an issue pursuant to rule 702(d), Arizona Rules of Evidence, since the amendment to conform with the federal rule, where the Daubert opinion has applied to expert testimony.
• Fraud
  Health care fraud includes health insurance fraud, drug fraud, and medical fraud. Health insurance fraud occurs when a company or an individual defrauds an insurer or government health care program, such as Medicare (United States) or equivalent State programs.
• Robbery
  The parents of motorist Ahmad who was killed in a traffic accident arising from a bank robbery suspect being pursued by police filed a wrongful death action. At the conclusion of the trial, the jury entered a verdict finding the State 5% at fault and awarding the parents $30 million in damages. The trial judge, however, granted a remittitur and reduced the damages to $10 million, with the condition of a new trial on damages if the remittitur were not accepted. Ahmad’s parents appealed and the Arizona Court of Appeals held that the remittitur was not warranted. 240 Ariz. 380, 379 P.3d 1011 (Ct. App. 2016). In an unpublished order, the Arizona Supreme Court accepted a petition for review and remanded the matter to the court of appeals to be reconsidered in light of the opinion in Soto v. Sacco, 242 Ariz. 474, 398 P.3d 90 (2017).
• Misdemeanors
  Under Arizona's laws, misdemeanors are crimes punishable by up to six months in county or local jail. More serious crimes, called felonies, are punishable by state prison terms of one year or more.
• Embezzlement
  The embezzled money was used to pay Sachdeva’s American Express account bills (lots and lots of luxury goods – probably included the purse that Swiss retailer didn’t think Oprah could afford). American Express personnel had noticed the wire transfers from Koss, that they were being used to pay Sachdeva’s personal bills, and had verified she was a Koss employee with a $200K salary. AmEx continued to accept the wire transfers, but did not disclose anything to Koss. Months later an AmEx employee referred to the situation as a “clear case of embezzlement” and alerted AmEx’s Financial Intelligence Unit which did not then make any report to law enforcement authorities nor to Koss. About 20 months after the embezzlement begun (so the average was about $1M/month for a $200K/year employee), AmEx contacted Koss to inquire about the wire transfers. Koss fired her and notified the FBI.
• Drug Crimes
  The Arizona Court of Appeals, Div. Two, affirmed appellant's convictions and sentences for possession of methamphetamine, possession of drug paraphernalia, and using a building to unlawfully sell, manufacture, or distribute a narcotic or dangerous drug. Under A.R.S. § 13-3421(A), which states, "A person who as a lessee or occupant intentionally uses a building for the purpose of unlawfully selling, manufacturing or distributing any dangerous drug or narcotic drug is guilty of a class 6 felony," a completed drug sale is not an element of the offense, but rather it is a defendant's demonstrated purpose in using the building that is the operative factor. It requires only that the occupant intentionally use the building "for the purpose of" unlawful sale, manufacture, or distribution of a dangerous or narcotic drug; whether sale, manufacture, or distribution is actually accomplished is not addressed or otherwise mentioned.
• Assault
  Moran was charged with murder and aggravated assault with respect to two priests. Reporter D’Anna authored two articles about the matter. With respect to the assaulted priest, the article stated Father Terra’s desire to forgive Moran. Moran’s defense attorney sought D’Anna’s notes from interviewing Father Terra. D’Anna (through publisher PNI) moved to quash the subpoena, arguing that the Media Shield Law protected the source of information and that Moran could not overcome the privilege from compelled disclosure without a showing that he had exhausted all other reasonable sources to obtain the information. The superior court ruled against PNI, holding that the Media Shield Law applied only to confidential sources, Moran had established inability to get the information from other reasonable alternative sources, and the information sought was relevant to Moran’s defense.
• Murder
  Second-degree Murder. Second-degree murder is a class 1 felony. Generally, a conviction carries ten to 25 years in prison and up to $150,000 in fines. However, if the victim was under 12 years old, the defendant could face up to life in prison. And when an offense involved a 12, 13, or 14-year-old victim, the defendant is looking at 13 to 27 years in prison.
• Homicide
  Negligent homicide. A motorist can be convicted of negligent homicide for causing the death of another person while driving in a criminally negligent manner. A person acts with criminal negligence by unknowingly doing or failing to do something that creates a substantial and unjustifiable risk to others. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would use in like circumstances.
• Forgery
  Martin died a few months later. Mrs. Arellano submitted a claim, which Primerica denied. Mrs. Arellano sued. After a mistrial, a second trial resulted in a jury verdict for Mrs. Arellano against Primerica for damages, including punitive damages, but offsetting part of the award for comparative fault (there were breach of contract, forgery, promissory estoppel, negligence, and bad faith claims). The jury also awarded damages to Mrs. Arellano against the insurance agency (including Donald). All parties appealed or cross-appealed.
• Kidnapping
  Intervenors argued that the Arizona court was required to give full faith and credit to the New York adoption order based upon the federal Parental Kidnapping Prevention Act. The Arizona Court of Appeals agreed with the applicability of the federal PKPA, but disagreed that its application required the result urged by Intervenors. The appellate court also ruled that the Arizona court continued to have jurisdiction over the paternity petition pursuant to the UCCJEA.
• Manslaughter
  Manslaughter. A motorist who kills another person while driving “recklessly” can be charged with manslaughter. A person acts with recklessness by knowingly doing or failing to do something that creates a substantial and unjustifiable risk to others. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would use in like circumstances.

Business and Corporate Law

• Corporate Law
  Business and corporate internal investigations are critical aspects of corporate governance and compliance. These investigations are conducted when a company suspects or has reason to believe that an employee or group of employees may have engaged in misconduct or violated company policies. At Burch & Cracchiolo, we have the knowledge and expertise to conduct thorough investigations, while maintaining confidentiality and minimizing disruption to the company's operations. Our attorneys are skilled in navigating the complex legal and regulatory landscape surrounding internal investigations, and are equipped to help our clients understand their obligations and potential liabilities. We work closely with our clients to develop an investigative plan that will get to the bottom of the matter, while protecting the rights of all parties involved. Overall, our goal is to help our clients identify and resolve any issues quickly and effectively, while minimizing the risk of reputational damage and legal action.
• Mergers and Acquisitions
  Our attorneys have extensive experience in corporate finance and are well-versed in the various options available to companies looking to raise capital. Whether through debt financing, equity financing, or a combination of the two, we work closely with our clients to help them identify the best funding structures to meet their specific needs. We also assist clients with mergers and acquisitions, as well as other strategic financial transactions. Our goal is to help companies navigate the complex landscape of corporate finance and make informed decisions that will lead to long-term success.
• Business Disputes
  Founders Frank Haze Burch and Dan Cracchiolo were known for being hometown heroes for business law in Phoenix when they joined forces to open Burch & Cracchiolo 52 years ago. Since then, they have expanded the practice to a team of 50+ esteemed law professionals, who all carry on the traditional values our firm was founded on, while embracing innovation and looking forward to the future.
• Business Transactions
  Complex commercial litigation involves the resolution of legal disputes arising from business transactions, contracts, and other commercial dealings. These disputes can be challenging and time-consuming to resolve, often requiring extensive legal research, document review, and expert testimony. At Burch & Cracchiolo, our attorneys have the experience and expertise needed to handle complex commercial litigation cases. We have a deep understanding of the legal and regulatory framework that applies to commercial disputes, and are equipped to advise clients on a wide range of issues. Our attorneys have experience in handling cases involving breach of contract, unfair business practices, fraud, and other commercial torts. We also have experience in handling multi-jurisdictional disputes, and have the capability to work with counsel in other jurisdictions to coordinate international litigation. Our goal is to provide clients with the aggressive and effective representation needed to achieve the best possible outcome in complex commercial litigation matters.
• Limited Liability Companies
  In conjunction with these planning services, we counsel our clients on the most beneficial structuring of executive compensation and employee benefits plans and assist in drafting buy-sell agreements, forming partnerships, corporations, ESOPS, and limited liability companies, and devising strategies for family succession planning (such as transferring interests in the business to children and grandchildren) and structuring a business to ensure the owner's estate will qualify for the deferred payment of estate tax.
• Construction Contracts
  Next, Gordon requested a hearing with an administrative law judge. He argued that the payments he made for service calls were different from the warranty premiums and established separate construction contracts. The ALJ concluded the payments to InHouse were not construction contract payments and the AROC adopted the decision to deny the claim to the fund. Gordon appealed that decision to the Maricopa County Superior Court, which affirmed the ALJ, noting that Gordon’s complaint was really that certain repairs should have been covered by the warranty and not about workmanship.
• Trade Secrets
• Unfair Competition
  Orca sued Noder in 2010. The complaint alleged 6 counts: (1) breach of contract for violating all 4 restrictive covenants; (2) breach of fiduciary duty; (3) breach of covenant of good faith and fair dealing; (4) fraud; (5) tortious interference; and (6) unfair competition.

Employment Law

• Workers Compensation
  1. Whether an employer has the legal authority to assert a claim that the North American Free Trade Agreement (NAFTA) preempts Arizona's workers' compensation statutes
• Wrongful Termination
  It is almost always in the employers' best interests strive to avoid costly litigation with present, former, or even prospective employees. Unfortunately, litigation is sometimes unavoidable. Our Labor & Employment lawyers regularly appear in state and federal courts around the country to defend employers against claims of discrimination, wrongful discharge, wage-hour violations and other employment-related claims. We are well positioned to handle a broad range of matters, from conventional individual cases to "bet-the-company" non-compete and trade secret cases.
• Employment Discrimination
  Employment discrimination, related to age, race, sex, religion or gender preference is an area of particular concern for employers. Burch & Cracchiolo attorneys regularly represent companies in defending against such claims, appearing before state, federal and local agencies, including the Equal Employment Opportunity Commission. We also counsel our clients on policies and procedures to avoid and mitigate discrimination claims.
• Employment Contract
  Burch & Cracchiolo attorneys assist employers in creating effective and defensible policies regarding employment practices. In addition, we bring a wealth of experience to the development of forms and documentation, including handbooks, applications, performance reviews and termination documents. Our attorneys counsel clients regarding the retention and monitoring of all such records, including electronic messages. In addition, the firm's attorneys are adept at negotiating and drafting all types of employment agreements, in particular contracts to protect trade secrets and proprietary information, and to limit employees from competing after the end of the employment relationship.
• Employment Litigation
  Burch & Cracchiolo has represented Tribes in litigation on a wide range of subjects, including gaming, sovereignty issues, and compact legislation and proposition challenges. With respect to the internal workings of Tribal governments, the firm has assisted Tribes in forming and applying internal policies and procedures, addressing employment issues and drafting ordinances. Burch & Cracchiolo’s attorneys collectively provide a great deal of expertise in government relations and ancillary areas. This enables the firm to provide extremely seasoned attorneys who can help a client directly or through its existing counsel.
• Severance Agreement
• Sexual Harassment
  Amid allegations of sexual harassment and insubordination, Berndt was fired as a corrections officer. His case went to the Arizona State Personnel Board which determined that the allegations were unfounded, that his conduct was of a less serious category, and the Board ordered his discipline modified to a two-week suspension. The Department of Corrections rejected the Board decision and adhered to its termination decision. Berndt appealed to the superior court which, relying on Ariz. Rev. Stat. § 41-783(E), deferred to the Department as the final decisionmaker, held that the Department did not have to state its reasons for rejecting the Board order, and affirmed the termination.

Property Law

• Real Estate Litigation
  Andrew Miller, zoning, land use, real estate law, government relations and municipal law attorney at Burce & Cracchiolo talks short term rental do's and don'ts.
• Premises Liability
  Burch & Cracchiolo's representation of retail, hospitality and multi-location businesses of all types has provided the firm with a steady supply of premises liability claims from the defense perspective. Our premises experience includes defending national and regional retailers, grocery chains, service stations and convenience stores, as well as on-site company claims. We recognize certain claims require only brief e-mail evaluations, while other cases may require prolonged discovery, intense motion practice, and full-scale evaluation in the months before trial. Whatever the circumstances require, our experience, our programs and our people allow us to meet the challenge.
• Construction Litigation
  Burch & Cracchiolo maintains an extensive construction defect defense practice in Arizona, Nevada, and California (Burch & Cracchiolo P.C.) where it has offices in Phoenix, Las Vegas, and Orange County.
• Real Estate Transactions
  Every type of real estate transaction is governed by competing interests and potential legal issues. For 50 years, the Real Estate attorneys at Burch & Cracchiolo have served our clients with multidisciplinary legal solutions for property investment, development and management, as well as real estate finance.
• Eminent Domain
  Burch & Cracchiolo has an active real estate litigation practice, skilled and ready to enforce and defend our clients' interests. The real estate attorneys are proficient in all areas of real estate litigation including contract actions, landlord/tenant actions, condemnation, eminent domain, construction contracts, title matters, brokerage fee disputes, financing disputes, forcible detainers, commission disputes, specific performance and enforcement actions for judgments obtained, collection procedures and attachment actions.
• Easement
• Land Use and Zoning
  Burch & Cracchiolo serves our clients' land use visions from inception to completion. Our zoning and land use planning attorneys represent all aspects of the development arena from commercial and master-planned community developers to land investors.
• Landlord-Tenant Disputes
  Review the lease terms – Generally, the terms of a lease will govern the relationship between a landlord and tenant above anything else. Lease provisions to look for...
• Property Damage
  Burch & Cracchiolo attorneys serve on a number of panels for leading insurance companies and self-insured entities, handling claims of all types. Our attorneys have successfully resolved cases involving bodily injury and property damage claims, including, but not limited to automobile, trucking and motor carrier liability, and commercial vehicles; premises liability; professional liability, including legal, accounting and agent/broker malpractice; dram shop/liquor liability; property damage, including construction defect, fire and casualty losses; construction site injuries; product liability; general liability, aviation accidents and environmental torts. We also provide coverage analysis, including reservation of rights correspondence, opinions, and defending bad faith and coverage litigation matters.

Health Law

• Personal Injury
  Burch & Cracchiolo attorneys practicing in this area also have significant background representing defendants in negligence and personal injury cases.
• Medical Malpractice
  It is devastating to be under the care of a trusted physician and suspect there have been errors made in your case. Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.
• Auto Accidents

Trusts and Estates

• Estate Planning
  A unique advantage of our Family Law practice is the access of our lawyers to the full spectrum of skills and experience of our entire firm, including those who can assist in the business, taxation, valuation and estate planning implications of divorce. Our firm's overall emphasis on closely-held and family business entities and professional practices provides valuable insights and expertise for our Family Law clients. This is especially important in complex cases where tax, real estate, estate planning, contract and transactional lawyers often are critical to bringing about a successful result.
• Wills
  The firm's probate practice includes formal and informal probate matters, as well as complex litigation concerning wills, trusts and other estate planning matters. Our probate representation includes will contests and other testamentary disputes, as well as representation of heirs and devisees in overseeing the administration of an estate in which they claim an interest. This practice area also includes controversy work with estate tax audits and the IRS.
• Trusts
  Special Needs Trusts are essential tools for those who wish to ensure the proper care of beneficiaries who are physically or mentally challenged. We are experienced in creating such trusts while taking every precaution to protect access to government benefits that may be available. A number of our clients have taken advantage of this important provisions to provide care for their loved ones and peace of mind for themselves.
• Power of Attorney
  An Advance Directive for Health Care provides guidance to family and medical providers regarding the extent of care a person desires when a person is no longer able to make decisions due to illness or incapacity. Our attorneys are well versed in the use of living wills and personal directives, such as powers of attorney and health care proxies.
• Probate

Finance Law

• Bankruptcy
  At Burch & Cracchiolo, we view bankruptcy-related proceedings as part of the larger continuum of commercial transactions, a deal or financial relationship has simply gone astray. Claims give rise to commercial litigation, a judgment is rendered, or a receiver about to be appointed, and the matter moves to a bankruptcy forum. We have an active presence in the full range of sophisticated debtor-creditor rights, both in and out of bankruptcy court. We represent banks, insurance companies, and other major creditors who find themselves as claimants in bankruptcy proceedings and non-bankruptcy workout situations. The firm regularly represents parties in complex bankruptcy litigation at the trial court and appellate levels.
• Foreclosure
  On appeal, the reviewing court rejected the argument that Earle’s rent payments constituted ratification of the lease. Instead, it considered whether the subordination agreements functioned as mortgages or deeds of trust encumbering the owner-lessor interest in the land. The court of appeals considered various provisions. The court noted language that stated that the lender’s deed of trust was to be an encumbrance upon the land superior to the owner’s interest and that the owner was consenting to the interest of the owner being subject to the deed of trust. The appellate court rejected the argument that the reference in the legal description of the encumbered units as being “subject to” to the lease was inconsistent with the subordination making the owner’s interest subject to the deed of trust. The court of appeals did not agree with Earle that the foreclosure of the deed of trust necessarily conveyed to Earle’s predecessor fee title to the land beneath the subject units. The subordination agreements had identified the “Property” as the specified units, together with an undivided interest in the leasehold estate, together with a fractional interest in the common areas. The court noted that none of those references identified the land beneath the units.
• Tax Law
  Business and Corporate Planning involves creating strategies for the operation and management of a company, including tax planning. Effective tax planning is a crucial aspect of corporate planning that aims to minimize tax liability while ensuring compliance with applicable tax laws and regulations. By understanding the complex tax code and regulations, corporate planners can advise businesses on structuring their operations to take advantage of available tax benefits, such as deductions, credits, and exemptions. This can help reduce the overall tax burden of a company, allowing it to retain more earnings for reinvestment and growth. With the constantly changing tax laws and regulations, business and corporate planners need to stay up-to-date to ensure their clients' tax strategies are always relevant and effective.
• Debt Collection
  We have extensive experience representing commercial creditors, debtors, debtors-in-possession, trustees, committees and third parties in all aspects of debt collection, credit relief, debtor-creditor litigation and asset transfers. Burch & Cracchiolo has successfully confirmed plans of reorganization, both in cases where the firm was representing the debtor-in-possession and also in cases where it was representing creditors who were the plan proponents.