Corporate and Business Blog Avoid SBA Audits and Penalties by Documenting Entitlement to COVID-19 Emergency Assistance May 14, 2020 (updated to include new SBA guidance) When the government announced the Paycheck Protection Loan Program (PPP), it chose to rely on Borrower certifications, rather than normal underwriting, to issue the loans.  Recent announcements and guidance from the U.S. Treasury Department and the U.S. Small Business Administration have announced their intention to audit Borrowers with loans in…

Corporate and Business Blog Arizona Small Business Access to Disaster Relief Loans Related to Coronavirus March 26, 2020 On Thursday, March 18, 2020, the United States Government (through its Small Business Administration “SBA”) approved Arizona Governor Doug Ducey’s request to qualify all of Arizona for the SBA’s Economic Injury Disaster Loan program. Small businesses in Arizona may now apply for SBA loans for economic injury incurred as a result of the spread of the Coronavirus,…

Business Litigation Blog Unusual Times Call For Businesses to Look to Seldom Invoked Contract Provisions, Coverages, and Legal Concepts March 23, 2020 In the past week, we have witnessed unprecedented cancellations, suspensions, and closures.  Professional sports leagues have suspended their seasons.  The NCAA Tournament has been canceled.  Theaters and theme parks have closed.  Universities, high schools, and grade schools across the country have suspended classes.  Access to public buildings have been restricted.  The President has…

Business Litigation Blog New Laws in Arizona Are Compelling LLC Members to Make Sure They Have Operating Agreements That Address Arizona’s New “Default Rules” September 9, 2019 Both the Arizona Legislature and the Arizona Supreme Court have taken recent action that ought to be prompting members of Arizona LLC’s without operating agreements to be immediately drafting them.  Indeed, even for those LLC’s that already have an operating agreement, members should be pulling them out and…

Business Litigation Blog Is Texting Putting Your Business in Jeopardy? August 21, 2019 In recent years text messaging has become an inexpensive form of marketing for businesses.  Unfortunately, for the unsuspecting business owner, texting could put your business in jeopardy if not done right. The Telephone Consumer Protection Act (TCPA) is not a new law.  It was passed in 1991.  While it was originally enacted to target the telemarketing industry making invasive phone calls into…

Corporate and Business Blog Is Your Business Violating Federal Law by Sending Out Mass Text Messages? October 23, 2018 Practice Area: Corporate and Business In 1991, Congress passed the Telephone Consumer Protection Act (TCPA). In simple terms, the TCPA prohibits businesses and individuals from using automatic telephone dialing systems to call or text cell phones unless it is an emergency (e.g. such as an amber or weather alert) or prior express consent has been given.…

Corporate and Business Blog Is Your Business Violating Federal Law by Sending Out Mass Text Messages? October 23, 2018 Practice Area: Corporate and Business In 1991, Congress passed the Telephone Consumer Protection Act (TCPA). In simple terms, the TCPA prohibits businesses and individuals from using automatic telephone dialing systems to call or text cell phones unless it is an emergency (e.g. such as an amber or weather alert) or prior express consent has been given.…