Brad Denton

Brad Denton

Update your profile now!Managing Partner at Denton Peterson, P.C.
  • Business Law, Real Estate Law, Appeals & Appellate...
  • Arizona
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Summary

In more than 20 years of practice, Brad has represented businesses and individuals in many different areas.

Helping Small Businesses. Brad spends a lot of time working with small business owners. He has developed expertise in the areas of law that are important to small businesses. He helps business owners decide the structure of their businesses, whether corporations, partnerships, limited liability companies (LLCs), or something else. Businesses often have legal issues related to their employees, and so Brad has developed expertise in that area. And because legal disputes can happen, Brad can help his business clients prosecute and defend lawsuits. Brad’s clients turn to him for litigation as well as commercial matters.

Litigation. Brad has represented clients at every level in Arizona—everything from head counsel in multi-week jury trials in Superior Court to appellate counsel at the Arizona Supreme Court. Brad has also represented clients before Justice Courts, administrative tribunals such as the Office of Administrative Hearings, and many arbitrations and mediations. Brad has even served as a private arbitrator, where he has ruled on lawsuits brought by other lawyers.

Negotiating Contracts. Brad helps his clients draft and negotiate all kinds of contracts—partnership agreements, commercial leases, employment contracts, asset purchase agreements, settlement agreements, and much more. Brad also helps his clients collect their money if bills go unpaid.

Franchising Law. Brad helps clients who are involved in franchising—whether as franchisors or franchisees. Brad helps clients with the complicated process of drafting the franchise disclosure documents that are required by federal law, as well as registering under the franchise and business opportunity laws of various states. For many years he has been a member of the Franchise Forum of the American Bar Association.

Practice Areas
  • Business Law
  • Real Estate Law
  • Appeals & Appellate
  • Collections
  • Employment Law
  • Intellectual Property
  • Landlord Tenant
  • Arbitration & Mediation
  • Trademarks
Additional Practice Areas
  • Civil Litigation
  • Franchise
Fees
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Arizona
9th Circuit
Languages
  • Japanese: Spoken
Professional Experience
Managing Partner
Denton Peterson, P.C.
- Current
Education
University of Chicago
J.D. (1995)
Awards
AV Preeminent
Martindale
Professional Associations
American Bar Association
Member
Current
Arizona State Bar
Member
- Current
Websites & Blogs
Website
Arizona Business Lawyers
Blog
The Top Three Reasons for Real Estate Purchase Contract Dispute
Blog
Commercial Lease: Did you consider all potential pitfalls?
Blog
You we served with a lawsuit. What should you so?
Blog
When to litigate and when to settle.
Blog
Should I ask for a jury in my court case?
Blog
Arbitration v. Mediation - Two ways to settle your dispute outside of the courtroom.
Blog
How to enforce a non-compete in Arizona?
Blog
Purchasing a franchise v. Starting your own business
Legal Answers
4 Questions Answered

Q. I signed a non-compete with my employer but then he sold his company to a large corporation. Is the non-compete valid?
A: The answer, unfortunately, is that it depends. The language that is in your contract is likely controlling. If it expressly states that it is transferable then it probably is. If it does not address it, then there is an ambiguity in the contract and the water gets a bit murkier. Recent case law from other states found they are not enforceable absent language saying they are transferable. I am not aware of a case in Arizona that is on point. The contract is not automatically revoked by operation of law because the company was sold. I can’t give a better opinion without examining the contract and if available the purchase and sale agreement involved in the transaction.
Q. How do I go about selling a piece of property with a life estate attached to it?
A: To answer your question, I would need to know exactly what you are trying to sell and where it is located. If you hold the life estate either for the life of the 85 year old or are selling the life estate of the 85 year old it is the same as any real estate transaction. Just make sure you make it clear that you are only transferring the life estate in the transaction. This is typically noted on the deed, it would just state the person has a life estate for the life the 85 year old. If you are the person who gets the property when the person with the life estate passes away, (called a remainderman) how many remaindermen are there and are they all wanting to sell? Both the life estate holder, or the remainderman can sell what they own, but it is still subject to the life estate and you would want to make that clear in the transaction by having it noted on any deed or contract that is issued. If the person with the life estate and the remainderman are both willing to participate in the sale then you can sell the property and have it cleared of the life estate.
Q. Are home inspections required in Arizona? If so , is my realtor required to send an origin the inspection to the owners?
A: There is no formal requirement under Arizona Law that a home inspection occurs. However, unless this is a cash transaction any bank is going to require one. Whether or not there has been a home inspection or not, you will be required to disclose any defects that you know about the property to the party purchasing the home. If you fail to disclose known defects you are liable for failing to disclose them. If a home inspection has been performed and it revealed issues you will be required to disclose those issues.
Q. Can I use use the brand name "The Vape Collection" if it's taken for a completely different field or industry?
A: In theory yes, in application I would advise against it. Business names, brand names, copyright, and trademarks are typically evaluated in the same way. Courts will typically evaluate: (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the it first; and (4) Whether it is registered for trademark protection. If it is going to be in the same geographical market is an open question. It appears “The Vape Collection” has been trademarked which entitles them to additional protection. When you say a completely different industry how different are we talking about? I presume the original “The Vape Collection” has to do with E-Cigarette’s. If you are selling anything smoking related that will probably be the same industry. If you are introducing a new line of tractors that you wish to call “The Vape Collection” that might be a different enough industry, but if it is in the same geographic market it still may be problematic. Really what is examined here is the likelihood of confusion to a consumer. If someone could be uncertain of which “The Vape Collection” they are dealing with or the trademark holder decides they don’t want you using their trademarked term you are going to have issues. You might be able to prevail in court if is different and distinctive enough but not without long and costly proceedings.
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Contact & Map
1930 N. Arboleda, Suite 200
1930 N. Arboleda, Suite 200
Mesa, AZ 85213
USA
Telephone: (480) 325-9900
Fax: (480) 325-9901
Scottsdale Location
Suite 540-132
7272 E. Indian School Road
Suite 540-132
Scottsdale, AZ 85251
USA
Telephone: (480) 325-9919