Data Privacy: Change Is Coming 

by Erin Dunlap

Introduced to Congress in June, the American Data Privacy and Protection Act advanced toward a floor vote in the House of Representatives in July. If passed, it will be the first comprehensive federal data privacy law in the U.S. — our equivalent to the European Union’s General Data Protection Regulation.  The proposed legislation was considered the biggest breakthrough to … [More]

How to Respond to an EPA or State Enforcement Action

by Henry R. Darwin

Environmental laws and regulations are numerous and complicated. They include the Clean Air Act; the Clean Water Act; the Resource Conservation and Recovery Act; and the Comprehensive Environmental Response, Compensation, and Liability Act (aka Superfund) — to name just a few. These laws and associated regulations are enforced by the Environmental Protection Agency and the … [More]

Tighten Contracts ahead of Supply Chain Delays

by Gary Smith

Between pandemic effects, the economy, the possibility of a railroad strike and a shortage of chassis in the trucking industry, businesses are likely to experience continued supply chain issues impacting their ability to deliver products and services on time and within budget. Because delays put them at risk for breach of contract, companies who supply goods and services — … [More]

Legal Challenges in These Arizona Boom Times

by Hani Sayed

Over the last 40 years, Arizona has grown rapidly and has become increasingly attractive for businesses and individuals. While this growth has been steady and predictable given a variety of factors such as weather, economics and affordable housing, the arrival of COVID accelerated such growth. In turn, Arizona has revealed itself as a thriving high-tech hub with a proficient … [More]

Environmental Health & Safety Considerations for Business Operations

by Todd W. Rallison

Comprehensive U.S. laws to protect the environment and worker health and safety (collectively EHS laws) date from the 1970s and 1980s, with numerous state or industry-specific antecedents. Most of those original laws have since been amended or expanded in the 1990s and beyond, the most recent being the 2016 revision to the Toxic Substances Control Act (TSCA, which, despite its … [More]

COVID Continues to Infect Business

by Susan Trujillo and Eric Johnson

Exigencies of workplace and workforce needs and relationships persist even as restrictions ease from the height of the pandemic. Susan Trujillo speaks to healthcare and COVID safety, with guidance for employers and regulatory response, and Eric Johnson discusses legal ramifications of and regulatory considerations on remote and hybrid work — including Arizona-specific … [More]

Increased Debt Limits for Both Subchapter V and Chapter 13 Cases 

by Carrie Tatkin

The Small Business Reorganization Act, commonly referred to as “Subchapter V,” is a streamlined, flexible process for small businesses to reorganize in bankruptcy. Subchapter V is a type of Chapter 11 case designed for debtors (an entity or individual) engaged in business where at least half their total debt is business related. Less procedurally complex than a traditional … [More]

(Not) Business as Usual: Corporate Political Activity in 2022

by Christine Fort

Inflation, the economy, taxes, gas prices, labor and supply shortages, education, immigration. Today’s state of affairs is rife with motivation to join in the political debate this election season. This holds true for the business community, which is significantly impacted by the policies enacted here in Arizona and in Washington, D.C., as well as the elected officials … [More]

Firm Ownership Now Open to Non-Lawyers

by Andy Kvesic

The Arizona Supreme Court last year enacted sweeping rules that revolutionize the practice of law in Arizona. While the general rule across the United States was that only lawyers could own and share profits in law firms, Arizona took a bold approach in turning that rule on its head, now allowing non-lawyers to own, profit from and participate in the management of law firms. … [More]

Luxury vs. Affordable Multifamily Housing

by Benjamin Graff

It may be surprising to hear that a city or community can be opposed to a luxury multifamily development just as strongly as an affordable housing development, but for very different reasons.  As a land use and zoning attorney who represents clients focused on both luxury and affordable multifamily housing, I have seen this scenario in various jurisdictions. While there are … [More]

Avoid Debt and Get Financial Success 

by Lyle Solomon

Do people have business debts as an entrepreneur? They would, of course. Practically, good debts exist and many companies have been able to flourish due to that. The issue arises when these companies become so deeply in debt that it impairs the business. So, what can entrepreneurs do to keep their business from drowning in debt? Here are a few effective methods that can help … [More]

Corporate Mergers and Acquisitions – Where to Next?

by Robert J. Miller

During 2021, mergers and acquisitions (M&A) proceeded at a torrid pace in the United States. This article examines what may lie ahead for domestic middle market M&A, which is likely to continue at the same pace in 2022.  The advent of private equity (PE) investing is a big part of why M&A activity is likely to remain strong in 2022. PE investing as a business … [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]

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]

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]

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]

Manage Digital Opposition to Real Estate Development

by Adam Baugh

In my line of work with real estate and land-use entitlements, it’s not uncommon to engage with upset neighbors opposed to development. Whether it’s called NIMBY-ism (Not In My Backyard) or CAVErs (Citizens Against Virtually Everything), changing the status quo can certainly elicit strong emotions and intense anti-development sentiment.  In days past, those opposing a zoning … [More]

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