Like a marriage, business partnerships don’t always last forever, and lengthy disputes can be nasty. Knowing one’s ownership rights is important, and many business executives make the mistake of not planning well and educating themselves before the partnership is formed. Pouria Paknejad, a trial attorney and partner with Scottsdale-based Smith Paknejad PLC, sees a wealth of … [More]
Maneuvers in Commercial Leasing
Entering into a commercial lease can signify an exciting time of growth or it could be a time of change, when a company needs to downsize. Either way, it’s important to understand the lease language and what the long-lasting economic and legal implications are before signing on the dotted line. Kevin Judiscak, an attorney with Phoenix-based Engelman Berger, P.C., says many … [More]
Contracts: Terms, Time and Negotiation
With so many different types of business contracts and so much to understand about negotiations, disputes, breaches and litigation, it’s no wonder business owners and executives often are confused. There’s a plethora of educational articles online about contract negotiation and even some silly contract songs on YouTube, but the bottom line is that if business owners don’t … [More]
Hiring on the Right Side of the Law
The gamut of issues businesses must properly navigate when bringing on a new hire ranges from background checks and social media history to drug testing to treatment of disabled and other specific classes of workers — and the correct approach is not necessarily intuitive. In some cases, the law is downright confusing, such as the rules around E-Verify. This national database of … [More]
Hiring Practices Face Emerging Challenges
“If you’ve been convicted of a felony, you need not apply.” This type of hiring policy has long been accepted — but such blanket policies are now starting to come under scrutiny by the Equal Employment Opportunity Commission. The issue of blanket hiring policies, from education level to criminal history, is on the EEOC’s hot list, says Lisa Coulter, an attorney in the Phoenix … [More]
General Liability Insurance: Is ‘Enough’ Really Enough?
Risk. It’s a four-letter word that can have devastating effects on a business if proper insurance is not in place. According to findings from the Chubb 2013 Private Company Risk Survey, in the past three years, 44 percent of private companies experienced at least one loss event related to D&O (Directors and Officers) liability, EPL (Employment Practices Liability), … [More]
Drugs and Work Safety Liability
Drug and alcohol abuse costs business multiple billions of dollars in workers’ comp accidents, increased healthcare costs and productivity, including theft to fund the habit. Says Julie Pace, partner at The Cavanagh Law Firm, “There are all kinds of reasons why employers should care about having a good drug and alcohol policy, making sure they test on it, [because of] its … [More]
Comply or Deny? Businesses Deal with Healthcare Mandates
Four months since the new Patient Protection and Affordable Care Act took effect, many Arizona business owners and managers are still struggling to understand how to comply with the law and embrace it in a way that makes sense economically. It continues to be a confusing time for employers, particularly since the Federal government has changed the deadlines and rules several … [More]
Cyber Security: Liability and Evolving Standards for Business
Data breaches at major corporations like Target and Michael’s become high-profile news, but it’s a risk that every company with an Internet-connected computer should be worried about, according to Jason Weinstein, a partner in the law firm of Steptoe & Johnson LLP whose practice specialties include cyber crime. “Cyber criminals are interested in getting into the systems of … [More]
Business, Social Media and the First Amendment
A recent court case that upheld a business’s right to fine a customer for posting a negative review on social media may have some businesses questioning: Do we have legal recourse when someone bad-mouths us? Does the First Amendment protect people who say bad things about our company? What is often overlooked in these discussions is the fact that the First Amendment does not … [More]
Rights and Wrongs in Intellectual Property
Business owners tend to underestimate their intellectual property, says Lee Fraley, a partner in the Phoenix office of law firm Snell & Wilmer who specializes in IP and works with many entrepreneurial businesses in acquisition transactions. “They think patents is all of IP, but it’s much more than that — it’s anything that gives a company a competitive advantage.” The … [More]
Mediation: Results that Move Business Forward
According to one source, 30 percent of a manager’s time is spent dealing with conflict. If workplace conflict escalates into a lawsuit, it can cost well in excess of $100,000 to defend a case. Litigation is costly and destructive; mediation is an alternative step a business can take to reduce conflict and save money. Mediation provides a safe place for employees to voice … [More]
E-mail: Is It Casual Conversation or a Binding Contract?
In the good ol’ days of e-mail, the biggest downside was the occasional virus or an obscure spam invitation to support an even more obscure Nigerian military commander. Oh, how times have changed. Now, seemingly innocuous e-mail exchanges between business and client (or employee and a vendor) regarding a potential contract could be considered legally binding … “We Got a Deal … [More]
