Articles

PPP Loan Forgiveness and the False Claims Act

          On May 15, 2020, the Small Business Administration (“SBA”) announced the loan forgiveness application associated with the Payroll Protection Program (“PPP”) loan allowing small businesses to apply for loan forgiveness if it received a PPP loan. The application requires information regarding the “eligibility for the PPP loan.”           Specifically, loan eligibility was questioned because […]

Piercing the Corporate Veil – A Concealed and Extended Liability Period

Almost all lawsuits have a period within which they must be brought known as a statute of limitations. In Arizona, the statute of limitations for most issues regarding personal injury or negligence is two years and six years for contract actions. However, if the party alleging the injury or damage does not bring the claim […]

COVID-19’s Impact on Agribusiness

Cotton farmers and dairy farmers in Arizona were dealing with commodity price fluctuations that created business issues prior to the pandemic. While the rural communities of Arizona have not been the center of the pandemic, the food supply remains in a good position. However, the rural communities are not immune from the impact of the […]

Will Business Reorganization Become More Efficient?

The new Small Business Reorganization Act is effective as of February 19, 2020. The intent of the new law is to create a streamlined, cost-efficient path for small businesses to successfully restructure. As of the Effective Date, the debt limit for a small business case is $2,725,625, which limits who may qualify. The may limit […]

Is Hemp Legalization Coming at the Perfect Time for Arizona Farmers?

For many farmers, commodity prices have not kept up with increasing costs whether that be Arizona’s increasing minimum wage, capitalization for efficient equipment or issues with water. However, many of those who have profited from the marijuana industry or have seen the profit from the marijuana industry see the next rush as the legalization of […]

Beware the digital quicksand: Prep for lawsuits with smart information governance

Does your company use email, text messages, websites or software? If so, when your company is sued and you’re forced to turn over portions of this data in a lawsuit, you’ll pay roughly $18,000 per gigabyte of data eventually produced. This does not include the cost of paying your lawyer to actually litigate the matter. […]

Some Thoughts On Collections & Personal Guarantees

During a period of economic volatility, it is essential for businesses to implement and maintain a collection program for accounts receivable and monies due, and maintain and adhere to a policy relative to personal guarantees. This article seeks to raise various issues for consideration by a business person on the topic of collections and guarantees. […]

Materiality of Breach

In order to establish a claim for breach of contract, a party claiming breach must demonstrate (1) the existence of a contract; (2) a breach of the contract by the defendant; and (3) resulting damage. A breach of contract is not always constrained to the plain terms of the contract, as Arizona Courts imply into […]

He was on what? … And got what? Drugs, Alcohol, & Workers’ Compensation

Almost all would agree that drug and alcohol use have no place in the workplace and that the use of these substances should not be encouraged or rewarded. Yet the Arizona Supreme Court, in Grammatico v. Industrial Commission, determined that employees injured in the course and scope of their employment have an absolute right to […]

Preventing Employment Litigation

If you are an owner or manager of a business, you undoubtedly have employees, or may have some in the future.  That means that there is the potential for employment litigation. In Arizona, you are a covered employer for sexual harassment purposes if you have one employee.  Generally, employers with five employees or more are covered […]