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]

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]

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]

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]

eSignatures – Social Distancing at the Closing Table

by Quinn C. Wheeler and Khaled Tarazi 

Among the many challenges facing the business world caused by the COVID-19 pandemic is the increased complexity of closing commercial transactions. Of course, the days of all parties gathering around a conference table to execute documents passed long before the advent of COVID-19, but the pandemic further complicated transactions by scattering necessary signatories — who … [More]

Repurposing Real Estate Use?

by Courtney Beller

2020 saw a slew of retail bankruptcies. Many of these companies will emerge from bankruptcy with a much smaller physical footprint, shedding both debts and brick and mortar locations. What does that mean for all of those soon to be empty locations? As you can probably guess, there is not an abundance of retail tenants to take their place. One answer has been for landlords to … [More]

Business Noncompetes

by Nancy R. Giles

The year 2020 has changed the way we do business forever. From working at home to layoffs to total closures, 2020 has shaped the way businesses will operate moving forward. As a result, laid-off workers and struggling entrepreneurs have found creative ways to maintain their income and forge new paths. In 2014, freelancers made up 17% of the workforce. As of 2020, that number … [More]

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