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By: Lang & Klain, P.C.

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Whether the coronavirus has relieved either party of its contractual responsibilities depends on the specific facts of your situation and the wording of your agreement. As you work your way through the recent economic downturn and rebound, you may have concerns about meeting your contractual obligations or enforcing the obligations that other parties owe to you. In adapting your business practices to comply with CDC guidelines and the Governor’s orders, it is critical that you…
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To help our LLC clients avoid the new law’s unfavorable default provisions, we offer a $900 flat-fee option for updating most operating agreements. On September 1, Arizona’s new LLC law goes into full effect, totally replacing Arizona’s original LLC statutes. The new law imposes various default provisions that, if not affirmatively addressed, could undermine some of the benefits that you expected to achieve by choosing an LLC form of entity. Those provisions include: fiduciary duties…
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After expiring on June 30, the PPP business loan program is back in business through August 8. On July 4, President Trump signed legislation that extends the Paycheck Protection Program (PPP) for five weeks. The PPP had expired on Tuesday, June 30, with $130 billion in loan money still unspent. It resumed accepting applications on July 6 and will continue through August 8. The PPP provides loans designed to provide a direct incentive for small…
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As workers return to their workplaces, employers should be alert to whether employees’ COVID-19 illnesses are work-related and thus recordable. Under OSHA’s most recent interpretation of its recordkeeping requirements, COVID-19 is a recordable illness, and most employers (see exceptions below) are responsible for recording cases of COVID-19, if the case: is confirmed to be COVID-19 (see footnote 2 in OSHA’s May 19 memo; is work-related (see footnote 3 in the same memo); and involves one…
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If your company received less than $2 million in Paycheck Protection Program loans, you will have met the “good faith” requirement concerning your need for the loan. On May 13,  the SBA and the Treasury Department provided new guidance to address borrower and lender questions about the Paycheck Protection Program (PPP), which is part of the CARES Act that became law in March. The guidance is contained in the 17-page “Frequently Asked Questions” document that…
In an effort to give financial relief to business owners, workers and taxpayers during the coronavirus pandemic, in the last few weeks the federal government has issued a head-spinning array of legislative and policy initiatives. Keeping up with the new laws and deadlines is as challenging as it is important. To help you (and us) sort it all out, we are offering this list of 13 significant relief measures, with brief descriptions and links to…
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Business owners would be wise to proactively review their insurance policies to determine whether any virus-related losses may be covered. With the global pandemic’s devastating effect on the nation’s health and economy, business interruption and other losses caused by the coronavirus are projected to total in the billions of dollars. Understandably, business owners are worried about how it will all impact their operations, and whether they have any recourse for their financial losses. You would…
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In these unusual times, the Industrial Commission of Arizona (ICA) has indicated that an employee who contracts COVID-19 may be able to establish that he/she contracted the illness at the workplace or jobsite, making it a compensable workplace injury. The possibility of a claim provides additional incentive for employers to try to minimize the workplace presence of employees who display COVID-19 symptoms or have been diagnosed with the virus. (See our related article, ” Tough…