Jennings, Strouss & Salmon, PLC

Website: http://jsslaw.blogspot.com/
Follow:

Latest from Jennings, Strouss & Salmon, PLC - Page 2

https-jsslaw-com-wp-content-uploads-2018-02-featured-david-brnilovich-jpg
Business Litigation

Blog

Qualifying Parties May Now Have to Face Personal Liability for Construction Company’s Obligations
February 11, 2021
Last year’s changes to the contractor’s licensing laws opened the door to personal liability for qualifying parties (“QP”).  The Legislature added Section B to A.R.S. § 32-1127.  Section B reads: “While engaged as a qualifying party for a licensee, the qualifying party is responsible for any violation of this chapter by the licensee.”
What are “any violations of this chapter”? A few examples are:
  • Liability to pay subcontractors and material suppliers;
  • Lability for conversion of payments received for work performed;
  • Liability

…
Continue Reading Qualifying Parties May Now Have to Face Personal Liability for Construction Company’s Obligations

https-jsslaw-com-wp-content-uploads-2020-10-joel_newell_featured-300x300-jpg
Bankruptcy, Restructuring, and Creditors’ Rights

Blog

Restaurants Continue to Face Uncertain Times Due to the Impact of COVID-19
February 4, 2021
Before the impact of COVID-19, restaurants were already facing various developments that collectively impacted historical dine-in trends. Whether it was the increase in patrons utilizing delivery services such as UberEats, DoorDash, GrubHub, or the fairly new market of prepackaged, ready-to-cook meals such as Blue Apron. Each have impacted the restaurant industry in different ways.  The decline in dine-in patrons was exponentially increased with COVID-19 restrictions.  Leaving the questions of how, can, and will restaurants adjust to remain open. .

…
Continue Reading Restaurants Continue to Face Uncertain Times Due to the Impact of COVID-19

https-jsslaw-com-wp-content-uploads-2018-02-featured-chris-mason-2-300x300-jpg
Labor and Employment

Blog

Arizona’s Minimum Wage Increases in the New Year: What Employers Should Know
December 30, 2020
As with every new year in Arizona, new resolutions should include wage adjustments as required by law.  Even with the global pandemic, these statutory increases continue.  Under Arizona’s minimum wage law, the state-mandated minimum wage increases from $12.00 to $12.15 effective January 1, 2021.  Arizona employers may continue to take a tip credit for tipped employees where permitted by federal law, up to a maximum of $3.00 per hour.  Several cities, towns, and other local jurisdictions within Arizona have their own

…
Continue Reading Arizona’s Minimum Wage Increases in the New Year: What Employers Should Know

https-jsslaw-com-wp-content-uploads-2018-02-featured-otto-shill-300x300-jpg
Client Alert

News

Pandemic Relief Update
December 23, 2020
On Tuesday, December 21, 2020, The United States Congress passed and sent to President Donald J. Trump a new stimulus package that, among other things, provides for new stimulus payments to lower income households, as well as a new round of Paycheck Protection Loans and Economic Injury Disaster Loans, resolves tax issues related to Paycheck Protection loans and loan forgiveness, makes more retirement plan money available to participants, and temporarily reinstates deductions for business meals that will make it easier for taxpayers to support the businesses hardest hit by the continuing

…
Continue Reading Pandemic Relief Update

https-jsslaw-com-wp-content-uploads-2020-10-joel_newell_featured-300x300-jpg
Bankruptcy, Restructuring, and Creditors’ Rights

Blog

Does my Business Qualify as a Small Business Debtor?
December 2, 2020
The new Subchapter V of Chapter 11 of the Bankruptcy Code (Subchapter V) was enacted through legislation known as the Small Business Reorganization Act of 2019 (SBRA); and, went into effect on February 19, 2020. Shortly after, the COVID-19 pandemic impacted the nation. In response, and on March 27, 2020, the Coronavirus Aid, Relief and Economic Security Act (CARES Act) became effective. This brief albeit now commonly known legislation is important to consider in light of the remaining time period for the

…
Continue Reading Does my Business Qualify as a Small Business Debtor?

https-jsslaw-com-wp-content-uploads-2018-02-featured-chris-mason-2-300x300-jpg
Labor and Employment

Blog

Recreational Marijuana Passes in Arizona – Should Employers Be Concerned?
November 10, 2020
Arizona voters recently approved Proposition 207 – also known as the “Smart and Safe Arizona Act” – which largely decriminalizes marijuana possession and use for those who are at least 21 years old, establishes a framework for regulating the sale and possession of marijuana, and imposes excise taxes on recreational marijuana.    Although marijuana was previously authorized under Arizona law for medical purposes, recreational use was prohibited until the passage of this new law. Arizona now joins nine other states to authorize recreational marijuana

…
Continue Reading Recreational Marijuana Passes in Arizona – Should Employers Be Concerned?

https-jsslaw-com-wp-content-uploads-2020-10-joel_newell_featured-300x300-jpg
Bankruptcy, Restructuring, and Creditors’ Rights

Blog

Common Misunderstandings or Oversights that Members of a Family Business May Be Prone to as They Weigh Whether to File for Bankruptcy
November 9, 2020
Family owned businesses account for approximately 63% of the U.S. workforce.[1] Some may even consider family owned businesses as the “backbone” of the nation’s economy. Many of them have been around for generations and continually contribute to their respective communities. Family owned businesses also carry the potential for additional stress. Both working and socializing with family can potentially hinder one’s ability to have a healthy work/life balance. This

…
Continue Reading Common Misunderstandings or Oversights that Members of a Family Business May Be Prone to as They Weigh Whether to File for Bankruptcy

https-jsslaw-com-wp-content-uploads-2020-08-cody-mcdavis_featured-300x300-jpg
Estate Planning

Blog

Estate Planning: Spousal Lifetime Access Trusts (SLATs)
October 19, 2020
Now may be the time to take advantage of a historically favorable tax environment.  It is unclear how long the lower rates and tax exemptions established by the Tax Cuts and Jobs Act (TCJA) of 2017 will last.  We know that many provisions of the TCJA will automatically expire in 2026 unless Congress makes them permanent.  However, Congress could modify them prior to their 2026 expiration date.  The outcome largely depends on who controls the White House and the Senate after the November 2020 elections.
Some of

…
Continue Reading Estate Planning: Spousal Lifetime Access Trusts (SLATs)

https-jsslaw-com-wp-content-uploads-2020-08-cody-mcdavis_featured-300x300-jpg
Corporate and Business

Blog

Securities and Exchange Commission Expands the Definition of “Accredited Investor”
October 12, 2020
The United States Securities and Exchange Commission (the SEC) expanded the term “accredited investor” under rule 501 of Regulation D of the Securities Act.  The change becomes effective on December 8, 2020.  The SEC said it made the change to increase investment opportunities while maintaining investor protections.
Generally, to offer or sell a security (like stock) to an investor, a company must register that offering with the SEC, unless the offering or the securities themselves are exempt from registration.  Regulation D creates a

…
Continue Reading Securities and Exchange Commission Expands the Definition of “Accredited Investor”

kelly-sikkema-3-Tc_5LROrM-unsplash tax Photo by Kelly Sikkema on Unsplash
Photo by Kelly Sikkema on Unsplash

Business Litigation

Blog

The U.S. Supreme Court Nexus Required for State Taxation of Online Sales: But Questions Still Remain

June 22, 2018

Yesterday morning, the United States Supreme Court announced its highly anticipated decision in South Dakota v. Wayfair, 585 U.S. __ (No. 17-494, 2018) in which it revisited the Court’s long-standing precedent that a state may only tax businesses that establish “nexus” with a state by having a sufficient physical presence in that state. (See Quill Corp v. North Dakota, 504 U.S. 298 (1992)). Now the Court, in a 5-4 split decision, has concluded that physical

…
Continue Reading SCOTUS nexus required for state taxation of online sales

https-jsslaw-com-wp-content-uploads-2018-05-siglin_brett_featured-1-300x300-jpg
Business Litigation

Blog

New Tax Incentive for Development in Low-Income Communities, Part I
August 16, 2018
The Tax Cuts and Jobs Act of 2017 (TCJA), enacted on December 22, 2017, includes a provision that provides tax benefits to investors that develop in Qualified Opportunity Zones (QOZs), which were created to stimulate economic development and job creation in distressed communities.
Part I of this seven-part series on QOZs provides an overview of the enactment of the TCJA, and defines QOZs, Qualified Opportunity Funds (QOFs), and Qualified Opportunity Zone Property (QOZP).
Enactment of TCJA
TCJA is tax legislation that affects individuals, businesses,

…
Continue Reading New Tax Incentive for Development in Low-Income Communities, Part I

https-jsslaw-com-wp-content-uploads-2020-08-cody-mcdavis_featured-300x300-jpg
COVID-19

Blog

Voting in Arizona During the COVID-19 Pandemic
August 24, 2020
The COVID-19 pandemic has drastically changed the lives of most Americans. Most major events have either been postponed or canceled. However, the 2020 presidential election will take place on November 3rd.   How can we exercise our fundamental right to vote while remaining safe and socially distant?  This article explores an alternative option for voting in-person for Arizonans: Ballot-by-Mail.
The Center for Disease Control and Prevention (CDC) recommends early voting and voting by mail where possible to help prevent the spread of COVID-19.  Arizona has a proud history of

…
Continue Reading Voting in Arizona During the COVID-19 Pandemic

risen-wang-20jX9b35r_M-unsplash gym Photo by Risen Wang on Unsplash
Photo by Risen Wang on Unsplash
Arizona gym and fitness center owners are now dealing with a new kind of “resistance training” that takes the form of ordinances, laws, regulations, guidance, and practical considerations for operating in the age of COVID-19.  The most recent and notable being Governor Doug Ducey’s Executive Order (EO) 2020-43 and the resulting legal battle.  In particular, EO 2020-43 ordered “indoor gyms and fitness clubs or centers” to “pause operations until at least July 27, 2020, unless extended.”  This executive order survived a temporary challenge in Mountainside Fitness Acquisitions LLC v. Ducey, CV 2020-093916, on July 27, 2020.  Governor Ducey sought to

…
Continue Reading Reopening Arizona: Gyms must comply with new ADHS requirements

https-jsslaw-com-wp-content-uploads-2020-04-weiss_howard_website_featured_image-300x300-jpg
Real Estate

Blog

COVID-19 AND LIMITING INDOOR DINING IN ARIZONA
July 10, 2020
The State of Arizona has recently seen a dramatic increase in the number of individuals testing positive for COVID-19.  On July 9, 2020, Arizona Governor Doug Ducey issued Executive Order 2020-47, entitled Reducing the Risk, Slowing the Spread, Limiting Indoor Dining.
Executive Order 2020-47 mandates new rules for restaurants and other dining establishments that have indoor seating.  More specifically, it provides that all restaurants in Arizona with indoor seating must operate at less than fifty percent (50%) of their permitted occupancy as determined by the local fire

…
Continue Reading COVID-19 AND LIMITING INDOOR DINING IN ARIZONA

https-jsslaw-com-wp-content-uploads-2018-11-balitis_john_mailchimp-300x300-jpg
Labor and Employment

Blog

Supreme Court’s LGBTQ Discrimination Decision Impacts Arizona Employers
June 16, 2020
Title VII of the federal Civil Rights Act makes it unlawful for a covered employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual… because of such individual’s race, color, religion, sex, or national origin.”  For a number of years, both courts and employers have grappled with the question of whether Title VII extends protections to LGBTQ employees.  In a landmark decision issued on January 15, 2020, the United States Supreme Court answered in the affirmative,

…
Continue Reading Supreme Court’s LGBTQ Discrimination Decision Impacts Arizona Employers

https-jsslaw-com-wp-content-uploads-2018-02-rogers_chris_website_featured_image-300x300-jpg
Real Estate

Blog

IRS Guidance Provides More Coronavirus Relief to Qualified Opportunity Funds and Their Investors – Including Additional Time To Invest
June 9, 2020
On June 4, 2020, the Internal Revenue Service (IRS) further extended the period for some investors to reinvest capital gains into qualifying opportunity funds (QOFs) because of the continuing impact of the coronavirus pandemic.
Under the opportunity zone incentive described in Section 1400Z-2 and associated regulations (Incentive), a taxpayer with capital gain resulting from the sale of property (including, for example, real estate, stock, fine art, etc.) to an unrelated person could, among other potential

…
Continue Reading IRS Guidance Provides More Coronavirus Relief to Qualified Opportunity Funds and Their Investors – Including Additional Time To Invest