Law Archives - Mark Rubin

Disney Defeats DeSantis

April 2, 2023

Disney Defeats DeSantis

Governor Ron DeSantis

Mickey Mouse and his Spouse

Gov. Ron DeSantis (R – Fla.) plays down his background, which includes a law degree from Harvard Law School. (He plays a redneck in real life!) Maybe that explains the governor and wanna be POTUS’s big-time fail on the matter of The Walt Disney Company and the Reedy Creek Improvement District.

Some history. By the mid-1960s, Disney owned land in Florida. More than 40 square miles in and around Orlando. Wanting control over its destiny, Disney got the Florida legislature to pass the Reedy Creek Improvement District. Disney got the control it required, along with a money machine. Florida took its cut, and Orlando – or, as an old

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Bye-bye Matthew Scarber

March 16, 2023

Mark Rubin

Bye-bye Matthew Scarber

Matthew Scarber

Matthew Scarber has left Rubin & Bernstein PLLC. People come and go in workplaces, but Matt’s departure deserves a few words.

Rubin & Bernstein exists because of Matt. The story was present on our website for years, but it’s worth sharing here:

Mark: Leigh stepped up, when an old friend who taught at the KU law school asked her to look out for a student from Tucson. She did, for there’s no one who needs a little help who Leigh won’t step up for.

Leigh: Mark took on a case in the fall of 2017 and needed help. Lawyers – those with firms and malpractice insurance, etc. – said no thanks, for time

matthew scarber, Rubin & Bernstein PLLC

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The Corporate Transparency Act: Be Afraid. Be Very Afraid.

January 17, 2023

Mark Rubin

The Corporate Transparency Act: Be Afraid. Be Very Afraid.

Mark Rubin

The Corporate Transparency Act

Congress passed the Corporate Transparency Act (CTA) as part of the National Defense Authorization Act on January 2, 2021. It did so by overriding President Donald Trump’s veto. (Maybe it offered another reason to want to tear down the house four days later.)

The CTA required action by a division of the Treasury Department – the Financial Crimes Enforcement Network for implementation. Its Final Rule – 99 pages of dense text – issued on September 30, 2022. The law takes effect as of January 1, 2024, but it gives entities in existence as of December 31, 2023 one year to report. Entities established on or

corporate transparency act, CTA, money laundering, reporting

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Who Decides Elections

December 6, 2022

Mark Rubin

Who Decides Elections

Mark Rubin

The U.S. Supreme Court hears oral arguments in Moore v. Harper, No. 21-1271, on Wednesday, December 7, 2022. To suggest that democracy in America depends on the outcome of this case does not overstate its importance. The notion that the likely outcome might render voters irrelevant in many jurisdictions ought to scare every reader, regardless of political leanings.

Moore v. Harper

The issue, as set forth at SCOTUSblog, is:

Whether a state’s judicial branch may nullify the regulations governing the ‘Manner of holding Elections for Senators and Representatives … prescribed … by the Legislature thereof,’ and replace them with regulations of the state courts’ own devising, based on vague state constitutional provisions purportedly vesting

independent state legislature theory, moore v. harper, rucho v. common cause, U.S. Supreme Court

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Vote Like Your Life Depends On It!

November 7, 2022

Mark Rubin

Vote like your life depends on it!

Mark Rubin

Vote. Vote like your life depends on it. It matters greatly!

Crime

Be smart, too. Senators and Representatives have almost nothing to do with crime. (When we talk about crime, we mean property crimes and violent crimes?) Criminal laws exist at the state level, but for a limited number of crimes which the United States Code defines. Want to say something about crime? Elections for sheriff matter a bit, as do those elections for District or County Attorney. Truth be told, though, crime occurs for a slew of reasons that have nothing to do with elected officials at any level. Want to reduce crime? Improve economic conditions and support services

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Donald John Trump’s Really Bad Day

September 22, 2022

Mark Rubin

Donald John Trump’s Really Bad Day

Donald J. Trump

On September 21, 2022, New York Attorney General Letitia James filed a roughly 220-page lawsuit against Donald John Trump, his three older children, his company, and others. More on that in a moment.

The Search Warrant Matter

Later in the day a three-judge panel of the 11th Circuit Court of Appeals – which included two Trump appointees – issued an unpublished opinion that stayed the trial court order preventing the United States from using classified documents taken by the FBI when it executed the search warrant on Mar-a-Lago. Judge Aileen Cannon was wrong, wrong, wrong.

The opinion lets Judge Cannon know, politely, that judges do not make decisions to further the

aileen cannon, Donald J. Trump

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Mark Rubin: Problem Solver / Attorney / Fiduciary

September 14, 2022

Mark Rubin

Mark Rubin: Problem Solver / Lawyer / Fiduciary

Mark Rubin

I’m 65 – and a day (as I have finished editing, having forgotten about this piece) – and I’ve been a lawyer for just about 41 years. People ask me what I do, regularly. They’re often other lawyers or legal services consumers. Usually, they’re looking for a cubbyhole. (Employment lawyer. ERISA expert. Estate planner. Etc.) Almost always, I fail them, for I do too many things. (Many years ago I talked with a large Phoenix firm about employment. After a wasted day the very rude managing partner said “We’re not interested. You don’t fit in anywhere.”)

Problem Solver

Tired of failing people, 60+ years old, and having spent 62.93% of

attorney, business, conservator, guardian, Licensed Fiduciary, Mark Rubin, MarkRubinWrites, personal representative, problem solver, real estate, Rubin & Bernstein PLLC, southern arizona fiduciary services llc, trustee

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Special Masters

September 2, 2022

Mark Rubin

Special Masters

Mark Rubin

Former Guy wants a new shiny object: a Special Master! A what?

Special Masters

Judges appoint special masters to assist them with some part of a case. Their role depends on the case but every special master acts subject to the limits of the order appointing them. Always, the judge makes final decisions.

Let’s start here: We are dealing with criminal proceedings, albeit at an early stage. Nothing in the Federal Rules of Criminal Procedure provides for appointing a special master. But, federal and state courts believe judges have inherent authority to appoint a special master.

The Federal Rules of Civil Procedure provide for appointing masters expressly in Rule 53. The rule provides for lots

Former Guy, special masters, trump

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The Activist U.S. Supreme Court

June 30, 2022

Mark Rubin

The Activist U.S. Supreme Court

Mark Rubin

The activist U.S. Supreme Court brought down the curtain on its shameful, disgraceful, truly mind-bendingly awful 2021-22 Term. Lots of bad, bad decisions: and many more that show a work-a-day Court that resolves complex disputes that get little attention.* Here are the highlights:

Guns

In New York Rifle & Pistol Association, Inc. v. Bruen, No. 20-843, the Supreme Court issued its 6-3 opinion, setting aside as unconstitutional a law in effect in New York for more than 100 years. It took the majority and three of its six Justices 77 pages to explain why that 100 year old law was unconstitutional.

The Second Amendment is an abomination as a drafted statement.

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Conservatorship Inventories and Accountings

June 30, 2022

Mark Rubin

Conservatorship Inventories and Accountings

Mark Rubin

Really? Really??? You want to tell us about conservatorship inventories and accountings. And you think anyone will read this piece?

Conservators for adult Protected Persons – different rules exist for certain minor conservatorships – must account for their actions. An accounting starts months beforehand, with an inventory. Arizona law requires inventories in all conservatorships. The Conservator must file certain forms with the court. The Conservator must identify assets “with reasonable detail and indicat[e] the fair market value of each asset as of the date of appointment.”

The relationship between the accounting and the inventory? Here’s a simple example: I am a Conservator. I am accounting from September 15, 2021 through May 31, 2022.

accounting, conservator, conservatorship, fiduciary, inventory, protected person

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