Bankruptcy is a forum and an arena for resolving distressed business situations in a post COVID-19 world. Bankruptcy is not a solution for every business, but it is one of several alternatives to consider. In a chapter 11 bankruptcy reorganization, a business can find the time and the breathing room to choose and implement the right solution to save the business and jobs, and … [More]
Pandemic Presents Learning Opportunities for Employers
In Charleston, S.C., a restaurant was sued by a former server who says he was fired after he left work to get tested for COVID-19. A large automaker was also recently sued for wrongful termination after firing an employee within hours of the employee’s complaint about safety concerns, even after the employee had been assured that he could stay home without penalty … [More]
Blowing the Whistle
In today’s environment, whistleblower claims are highly likely. Employers should not fear, though. As with most things, an ounce of prevention is worth a pound of cure. This article offers a primer on various whistleblower laws and provides tips on minimizing risk and potentially mitigating litigation costs. In today’s world, a “whistleblower” is someone who reports to … [More]
Rights of First Offer and of First Refusal
This article is a case study of a particular transaction in which the buyer agreed in a purchase agreement to grant the seller both a right of first offer (ROFO) and a right of first refusal (ROFR) to repurchase the property. Compliance with the terms of the ROFO and ROFR proved a bitter and extracted process for the buyer. The terms of the ROFO provided that before the … [More]
LGBTQ Covered under Title VII, Says Supreme Court
Today, the Supreme Court handed down its opinion in Bostock v. Clayton County, ruling once and for all that Title VII’s protections based on “sex” apply to LGBTQ workers. This is a case I have been following closely, and the decision has been a long time coming. In the wake of President Trump’s roll-back of health insurance protections for transgender Americans, the LGBTQ … [More]
Negotiating a Commercial Lease?
A company’s business premises lease may represent its highest monthly expense. It also represents one of the most important commitments a business owner can make . A lack of careful consideration can result in serious financial consequences. To avoid missteps, consider these due diligence questions to gain clarity and confidence before signing. The Parties Involved in the … [More]
Avoid a Tsunami of Business Bankruptcies
Recent bankruptcy announcements from Neiman Marcus, Garden Fresh Restaurants and J.C. Penney are the beginning of a cresting tidal wave. The retail and restaurant industries have been devastated by the COVID-19 pandemic and related quarantine orders, with many other businesses on the brink of bankruptcy. However, bankruptcy isn’t always necessary, even when a business is in … [More]
Force Majeure May Be Answer to Contract Performance
The impact of the COVID-19 pandemic has and will be devastating to many Greater Phoenix businesses. Leases, product purchases, vendor contracts for service and employment agreements are just some of the potential casualties of a company’s inability to perform under a contract due to the pandemic. This new reality may cause businesses and individuals to have considerable … [More]
COVID-19 Impacts International Travel
Crossing U.S. borders has never been easy, but today’s business travelers face an unprecedented range of issues amidst a constantly-shifting legal and regulatory landscape. Within the past month alone, the U.S. government has rolled out three new sets of travel restrictions: an expansion of the “Trump Travel Ban,” a so-called “birth tourism” ban, and a travel ban designed to … [More]
FAQs about COVID-19 in Employment Setting
Employers must carefully balance their duty to provide a safe and healthy workplace for employees with compliance mandates so as to not violate employee rights afforded by the Americans with Disabilities Act, the Family and Medical Leave Act and other civil rights and anti-discrimination laws. Below are some frequently asked questions that may assist employers in their … [More]
Specialization Is Key to Success for Legal Needs in Business
Being focused on doing better business these days involves so much. In Business Magazine writes many articles each month that are meant to help business owners and those managing business become more informed, educated and aware of resources that can enrich business practices and/or improve the bottom line altogether. Legal representation is an important part of business … [More]
Adventures in Contract Negotiations: Common Pitfalls to Avoid
Congratulations. Your business is up and running. Your hard work is paying off and you now find yourself on the verge of signing your first big contract. That’s great news. But slow down and take a deep breath. Don’t let your excitement blind you to some important considerations, including some all-too-common contracting pitfalls. Let’s take a hypothetical businessman named … [More]
