NFIB: Small Businesses Support U.S. Supreme Court Decision on Vaccine Mandate

NFIB

The National Federation of Independent Business (NFIB) applauds today’s decision from the U.S. Supreme Court to issue a stay of OSHA’s vaccine mandate, which requires businesses with 100 or more employees to have employees vaccinated or undergo weekly testing. “Today’s decision is welcome relief for America’s small businesses, who are still trying to get their … [More]

Merchant Cash Advance: Sound Fast Financing or Recipe for Disaster?

by Jeremiah Foster

The merchant cash advance (MCA) is a financing option that typically ends in a death spiral for most small businesses. In fact, more than 60% of the receiverships assigned to Scottdale-based business advisory firm Resolute Commercial Services involve at least one, if not more, merchant cash advances. That’s because once a business enters into an MCA agreement, it is nearly … [More]

Their Take: SEC’s Bitcoin Policy Inconsistency Threatens the Emergence of a New Asset Class

by David McCarville

If the Securities Exchange Commission (SEC) has good evidence that the Bitcoin market poses a danger to the U.S. investor, why would they allow investors to access this market through every other conceivable avenue, including three recently approved Bitcoin futures ETFs? In my opinion, U.S. cryptocurrency companies are over-regulated to the point where it has effectively … [More]

Time to Shine a Light on Renewable Energy End-of-Life Planning 

by James Voyles

To address the unique end-of-life challenges and opportunities presented to renewable energy developers and operators, Lewis Roca created a first-of-its-kind Renewable Energy End-of-Life Planning Group. This team draws on our many years of experience in the energy and utilities sector and includes attorneys from throughout the firm’s practice areas to assist clients with … [More]

Key Considerations for U.S./Mexico Cross-Border Business Transactions

by Daniel Arana

Conducting cross-border transactions and taking advantage of the resources in Mexico can present fruitful opportunities for U.S. businesses. There are some key considerations for U.S. businesses looking to explore working with companies in Mexico.  The first critical piece in setting up a successful cross-border transaction is having effective communication with one’s … [More]

What Does Phoenix’s Growth Mean for Business?

by Eric Johnson and Jon Howard

Being one of the fastest growing cities in the country has helped Phoenix gain not only new residents but also an unprecedented level of new investment, startups and M&A activity.  The influx of young professionals and the increase in successful exits within the technology sector creates an ideal environment for startup growth. Much like a self-sustaining ecosystem, … [More]

Global Law Firm Launches Renewable Energy End-of-Life Planning Group

Lewis Roca

More than 40 years of renewable energy investment in the U.S. has led to the current installment of 550,000 acres of solar capacity and 67,000 individual wind turbines. As these numbers continue to grow, powered by a widespread commitment to clean power generation, so does the need to manage the industrial materials used in that process throughout their full lifecycle. Toward … [More]

Estate Planning Tips for Business Owners

By Lou Silverman, Certified Specialist in Estate and Trust Law

We usually think of estate planning in terms of wills and trusts, how we pass assets onto our children and who will take care of us when we are unable to take care of ourselves. All of that is true, but if you have a business, there are many additional considerations. You first must consider your business structure. Do you have a corporation, a limited liability company, or … [More]

Put Your Plan on Paper – Avoid Partnership Disputes Later

by Justin M. Brandt

Business partnerships, like marriages, can be a lifetime commitment, so choosing the right partner is an extremely important decision and should take significant vetting. Entering into business with someone who does not share the same vision, goals and strategic alignment can lead to unwanted issues in the future. It can, unfortunately, become costly and time consuming. There … [More]

Their Take: Small Businesses Argue Against Tax Mandate in American Rescue Plan

NFIB

The NFIB Small Business Legal Center filed an amicus brief in the case Arizona v. Yellen at the Ninth Circuit Court of Appeals supporting Arizona in its challenge to the provision in the American Rescue Plan Act of 2021 that would prevent states from using funds for tax relief, directly or indirectly. “Congress passed the American Rescue Plan to help lessen the financial … [More]

Legislation Changes ‘Telehealth’ Application 

by Marki Stewart

Governor Ducey recently signed House Bill 2454, a sweeping telehealth bill intended to expand access to telehealth in Arizona. The bill makes significant strides toward making telehealth more available, convenient and affordable for Arizona patients, but also benefits businesses, including the requirement that insurers pay for telehealth services at the same rate as in-person … [More]

Practical Considerations for Private Employers Considering COVID-19 Vaccine Mandates

by Jessica Post and Jason Nutzman

In Arizona, a number of hospital systems have instituted policies requiring their employees to be vaccinated by November 1.  While there have been no known legal challenges to these policies, courts in other states have addressed the issue. Over the past couple of months, courts have upheld vaccine mandates. In the Texas case, 117 employees of a hospital challenged the … [More]

Fighting Defamation 

by Robert Feinberg and Ian Joyce

Imagine Googling your name to find that you’ve been hijacked by a computer-savvy foe, who has cleverly labeled you a convicted sex offender, drug dealer or even worse. Rather than your usual business picture and bio, what pops up is completely false — the most damaging, horrific and graphic portrayal — and threatens to destroy your business and reputation and livelihood; … [More]

Their Take: Small Businesses Achieve Legal Victories During 2020 U.S. Supreme Court Term

NFIB

The U.S. Supreme Court concluded its 2020 term, and many of its decisions will have a positive impact on small businesses. NFIB submitted several amici briefs this term to advocate on behalf of small businesses on issues such as regulations, taxes, and property ownership. “The U.S. Supreme Court is the last line of defense for small businesses and this term was a … [More]

Proactively Plan for Consumer Privacy Laws 

by Scott Bennett

When the European Parliament and the Council of the European Union implemented the comprehensive General Data Protection Regulation law to improve data protection and privacy throughout Europe in 2018, many Arizona business owners didn’t think it applied to them.  But if they do any business in Europe, it does; and with California and Virginia passing similar laws and … [More]

Changes to Arizona’s Legal Landscape Put Local Businesses in Uncharted Territory

by Alex Karam

Arizona blazed new legal trails this year by becoming one of the first states to permit non-lawyers to share fees with lawyers and also own law firms. Arizona is also one of the first states to allow non-lawyers to practice law. As with other trails blazed throughout history, these changes could result in a gold mine of new opportunities for businesses and entrepreneurs …. … [More]

Private Businesses Not Likely Liable for Unmasked, Unvaccinated Customers

by Marc Lamber

Private business owners in Arizona have been left to fend for themselves when it comes to masking and proof of vaccine policies. Now, questions have been raised about whether these businesses face increased legal liability for allowing unmasked or unvaccinated customers into their stores where these patrons could contract COVID from unmasked employees or other customers. The … [More]

Contract Dispute Resolution Provisions Are Not One-Size-Fits-All

by Andrea Marconi

As businesses focus on growth in the post-COVID future, this is a good time to take stock of legal affairs. It is important for companies to review their legal health and contracts from time to time to ensure that all appropriate legal protections are in place and properly documented. When contracts are updated or new ones drafted, however, the focus is often centered on key … [More]

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