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
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
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
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
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
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?
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
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
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
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
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]
Are Overtime Rules Enforceable?
Seven months into 2020 and the COVID-19 pandemic has changed nearly every aspect of life. Even mundane matters like working out has changed (you now need a gym reservation). Working at home, remote learning, social distancing and mask mandates are only the surface of what challenges face our personal and professional lives this year and beyond. This article offers some basic, … [More]
The State of Psychedelics Today
While widely used in various forms for thousands for years, psychedelic substances that have been admonished in recent decades are receiving renewed interest for their medicinal properties. For instance, phase 3 studies are underway for MDMA-assisted psychotherapy for PTSD, setting the stage for a probable return to prescription status. Following close behind, psilocybin … [More]
The Rise of and Rising Concerns about Business Chat
Many employers have a significant number of employees working from home, performing tasks and connecting with others in ways that were little used prior to March of this year. One popular tool is chat software. Chat software is gaining in popularity each day. Platforms are everywhere. There are two types of platforms discussed in this article. The first is within organizations, … [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]
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]
Tread Carefully when Terminating Employees during a Pandemic
With the uncertainty surrounding COVID-19, there are a few additional considerations Arizona employers must keep in mind when terminating the employment of a current employee. Generally, Arizona employers enjoy wide latitude when hiring and firing due to the State’s doctrine of “at will” employment. Under at-will employment, an employer is not required to establish “just … [More]
