Securities

Phoenix – Ryley Carlock & Applewhite is pleased to announce that our firm has been listed by the U.S. News – Best Lawyers® “Best Law Firms” as a National Tier 2, Metropolitan Tier 1, Metropolitan Tier 2 and Metropolitan Tier 3 law firm in 17 categories. National Tier 2 Rankings: Public Finance Law Metropolitan Tier 1 Rankings: Phoenix Banking and Finance Law Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Commercial Litigation Corporate Law Employment Law – Management Energy Law Labor Law – Management Litigation – Labor & Employment Mortgage Banking Foreclosure Law Public Finance Law Water Law
Continue Reading Ryley Carlock & Applewhite Named to 2022 "Best Law Firms" in 17 Categories

Dealing with – or being – a minority shareholder can be problematic, and friction between majority and minority owners is not uncommon. The majority owner may find itself hamstrung in its efforts to conduct business by the unreasonable or obstructionist demands of a minority owner. Or the minority owner may find itself confronted with a majority owner who simply doesn’t want to share potential profits or opportunities.

Whatever the impetus for wanting to be rid of a minority owner, the majority-initiated freeze-out merger is one of the most common tools used to achieve that goal. In its simplest, “classic” form,
Continue Reading Is Arizona putting a chill on freeze-out mergers?

Ryley Carlock & Applewhite is pleased to announce that 10 attorneys have been ‎recognized in the 2022 edition of Best Lawyers. Additionally, Shareholder Sheryl A. Sweeney received the “Lawyer of the Year” distinction in the areas of Energy Law, Environmental Law, Natural Resources Law and Water Law. The attorneys recognized in Phoenix include: James E. Brophy (Banking and Finance Law; Corporate Law; Employee Benefits (ERISA) Law; Litigation – Labor and Employment) John J. Fries (Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation – Bankruptcy) Clarke H. Greger (Commercial Litigation) John C. Lemaster (Commercial Litigation) W John Lischer (Trusts and
Continue Reading 10 Ryley Carlock & Applewhite Attorneys Ranked in the 2022 Edition of The Best Lawyers in America®

PHOENIX – Ryley Carlock & Applewhite is pleased to announce that Jerry D. Worsham II has joined the firm’s Phoenix office as a Shareholder. With 30+ years of experience, Worsham has an extensive practice in environmental compliance, related litigation, and natural resource development. His experience includes: Climate Change and Environmental and Social Governance (ESG) including comment on issues and regulation development; approvals and permits for natural resource development; litigation defense on numerous cases involving the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); compliance with the Resource Conservation and Recovery Act (RCRA); civil and criminal liability defense on environmental matters;
Continue Reading Ryley Carlock & Applewhite Welcomes New Shareholder Jerry D. Worsham II to the Firm

Originally Published February 4, 2021 By Jerry D. Worsham II, Shareholder with Ryley Carlock & Applewhite After review of the Biden/Harris campaign literature1, the Biden/Harris Transition Fact Sheet: List of Agency Actions for Review (January 20, 2021), and the most recent “Executive Order on Tackling the Climate Crisis at Home and Abroad” (Executive Order January 27, 2021), it is quite clear that we are plunging headlong into the business of “Climate Change.” We even now have a new High Priest or Climate Czar appointed to the global Climate Change movement – former United States Senator John Kerry, the Biden Administration’s
Continue Reading Climate Change – A Different Perspective on Oil and Gas Production

Ryley Carlock & Applewhite is pleased to announce that three practices and five attorneys have been ‎recognized in the 2021 edition of Chambers USA. The recognized practice areas in Arizona are:‎ Environment (including water rights)‎‎ Labor & Employment Real Estate The five attorneys in Arizona named as Leaders in their Field are: Jessica Benford Powell (Corporate/M&A) Michael D. Moberly (Labor & Employment) Nathan R. Niemuth (Labor & Employment) Michael P. Ripp (Real Estate: Finance) Sheryl A. Sweeney (Environment: Water Rights) About Chambers and Partners Chambers and Partners, based in London, began as general book publishers in 1969. Since 1990, ‎they
Continue Reading Five Ryley Carlock & Applewhite Attorneys Ranked in the 2021 Edition of Chambers USA

By James E. Brophy, Patrick P. Degnan and Lidia Koelbel, Attorneys with Ryley Carlock & Applewhite On March 11, 2021, the American Rescue Plan Act of 2021 (the “ARPA”) was signed into law. Under Section 9501 of ARPA, employers will be required to provide a tax-free subsidy to certain employees and their qualified beneficiaries equal to 100% of their COBRA continuation premium. Generally, COBRA premiums are paid by the employee following an event that causes the employee to lose his or her health care coverage (i.e. involuntary termination or a reduction in hours). Under ARPA, Assistance Eligible Individuals (“AEIs”) are
Continue Reading ARPA Provides for Full COBRA Premium Subsidies

By Jason L. Cassidy and Daniel S. Herder, Attorneys at Ryley Carlock & Applewhite Over the past year, the big story has been the search for vaccines to protect people from Covid-19. You can’t vaccinate a business, but Arizona businesses are now protected from liability related to Covid-19. Arizona has given businesses a qualified immunity for their Covid-19 response. On April 5, 2021, Governor Ducey signed SB 1377 into law, which creates a statewide Good Samaritan-esque law that protects against civil lawsuits over an injury or death that “relates to a public health pandemic.” Under the new A.R.S. § 12-515,
Continue Reading A New Kind of Covid Immunity: Here's What You Need To Know About Arizona's New Law Protecting Businesses From Covid Lawsuits

Ryley Carlock & Applewhite is pleased to announce that six of the firm’s Phoenix-based attorneys have been listed in the 2021 edition of Southwest Super Lawyers and Rising Stars. The Phoenix attorneys named in the 2021 edition of Southwest Super Lawyers include: James E. Brophy John J. Fries John C. Lemaster Michael D. Moberly Michael P. Ripp The Phoenix attorney named in the 2021 edition of Southwest Rising Stars is: Kevin Heaphy About Super Lawyers and Rising Stars Only up to 5 percent of attorneys in a state are named as Super Lawyers. Selecting these attorneys involves an in-depth, measurable
Continue Reading 6 Ryley Carlock & Applewhite Attorneys Named to the 2021 Edition of Southwest Super Lawyers and Rising Stars

By Jason L. Cassidy and Daniel S. Herder, Attorneys at Ryley Carlock & Applewhite Anyone involved in the vaping business, or anyone who does business with the vaping industry, needs to be aware of big changes in federal law taking effect this month. On March 27, 2021, the “Preventing Online Sales of E-Cigarettes to Children Act” amends the PACT (Prevent All Cigarette Trafficking) Act to effectively regulate telephone and online sales and delivery of vaping products in the same manner as cigarettes. In a nutshell, vape shops that offer either remote ordering or delivery services will now be required to
Continue Reading The Regulatory Lines Between Vaping and Cigarettes Are About to Narrow Again—Here's What You Need to Know About the Updated PACT Act

By Jason L. Cassidy and Patrick Degnan, Attorneys at Ryley Carlock & Applewhite Whether your business employs 20 people or 200 people, you should be aware of a big (albeit temporary) change to the Paycheck Protection Program (“PPP”). If your business employs between 21-300 people, you won’t be able to apply for a PPP loan starting Wednesday morning (2/24/21) and lasting through March 9. During that time, only businesses that have 20 employees or fewer will be able to apply for a PPP loan. The PPP exists to help businesses—particularly small businesses—keep their workforce employed during the COVID-19 pandemic. Unfortunately,
Continue Reading Small Businesses Are About To Get An Exclusive Window In Which To File PPP Applications

Ryley Carlock & Applewhite is pleased to welcome Chandler Smith as the firm’s Diversity Legal Writing Program Intern for 2021. The Diversity Legal Writing Program creates opportunities for diverse and minority law students at Arizona State University and the University of Arizona to gain practical writing and research experience while working alongside practicing lawyers at top law firms in the state. “We are thrilled to have Chandler join our firm as part of this scholarship program,” said Shareholder Jason L. Cassidy, who sits on the firm’s Diversity Committee and will mentor Smith throughout her time at the firm. “Chandler’s drive
Continue Reading Ryley Carlock & Applewhite Welcomes Diversity Writing Intern

PHOENIX – Ryley Carlock & Applewhite is pleased to announce that attorneys James E. Brophy and John C. Lemaster have been named to the 2021 AzBusiness Magazine’s “Top 100 Lawyers in Arizona.”. Jim is the firm’s Managing Shareholder and Executive Committee Chairman. He has been an attorney with Ryley Carlock & Applewhite since 1974 and previously served on the firm’s Executive Committee, led the Corporate Practice Group, and served as the firm’s Risk Management Shareholder. Jim’s practice focuses on business transactions and legal compliance for for-profit and non-profit businesses. He also has experience with ERISA, executive employment agreements, executive compensation
Continue Reading Ryley Carlock & Applewhite Attorneys James Brophy and John Lemaster Recognized by AzBusiness Magazine's "Top 100 Lawyers in Arizona" for 2021

Ryley Carlock & Applewhite is pleased to announce that Jason L. Cassidy has been elected Shareholder, effective January 1, 2021. Jason is a member of the firm’s litigation practice group, where he focuses on helping businesses solve their problems, with an eye toward heading off litigation before it develops. His broad experience has given him insight into the wide array of issues facing businesses, with particular attention to contract disputes and interpretation. Jason frequently represents plaintiffs and defendants in securities-related litigation before the Financial Industry Regulatory Authority (FINRA) or in the courts. In addition, he helps clients resolve disputes involving
Continue Reading Ryley Carlock & Applewhite Announces Election of Jason L. Cassidy to Shareholder

Ryley Carlock & Applewhite congratulates Michael P. Ripp on his recognition in the 2021 edition of AzBusiness Leaders in the area of Banking. AzBusiness Leaders is annual publication that profiles the business leaders and innovators that are changing the face of Arizona business. Mike leads the firm’s banking and finance practice, representing lenders, borrowers, buyers and sellers in commercial real estate and asset-based (including agricultural) loan transactions (including loan originations, workouts and enforcement) and real estate purchases and sales. His experience includes many retail, office, industrial, multi-family, mixed-use, hospitality and assisted living projects. This includes leasehold loans (including Arizona State
Continue Reading Ryley Carlock & Applewhite Shareholder Michael P. Ripp Named to 2021 AzBusiness Leaders Publication

Ryley Carlock & Applewhite Shareholder Mike Moberly’s article, “Can a Nightingale Sing? Assessing the Need for a Nurse-Patient Privilege,” was published in the Fall 2020 issue of the Journal of Health & Biomedical Law. The article, which can be accessed at https://sites.suffolk.edu/jhbl/publications/, argues for the widespread recognition of a nurse-patient testimonial privilege. Although relatively few states currently recognize such a privilege, Mike notes its similarity to the widely recognized physician-patient privilege, and argues that the recognition of both privileges would reflect the growing role of nurses in the provision of health care, particularly among low-income populations.
Continue Reading Ryley Carlock & Applewhite Shareholder Publishes Law Journal Article Discussing Nurse-Patient Privilege