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]

Companies’ Compliance Concerns Regarding Independent Contractors 

by Shahar Erez

The gig economy has exploded and, now more than ever, contract workers are in high demand. One report showed that month-over-month revenues in the gig economy increased 18% in June 2020 alone, according to an article in Forbes. What’s more, many organizations are leaning on these contractors to keep their businesses afloat in the wake of this monumental recession. However, … [More]

Tips for Businesses in the Wake of Proposition 207

by Gary Michael Smith, Esq.

Proposition 207 officially became Arizona law last month when election results were certified. Some effects were immediate, such as lawful adult possession and use of cannabis without a medical card. Others will be felt in about six months, when recreational facility licenses issue. These licensed “marijuana establishments” will not replace existing dispensaries or the existing … [More]

Arizona Minimum Wage Increase: Facts and Misconceptions

by Ivy N. Voss

On January 1, 2021, the minimum wage for Arizona employees will increase to $12.15 per hour, up from $12.00 per hour in 2020. This increase is based on the passage in 2016 of the Fair Wages and Healthy Families Initiative, which provided for a gradual increase in the minimum wage each January, from $10.50 per hour on January 1, 2018, to $11.00 per hour on January 1, 2019, then … [More]

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