Latest from COVID-19 Law Blog

Early on November 4, 2021, the federal Occupational Safety and Health Administration (“OSHA”) filed its Emergency Temporary Standard (the “Standard”) requiring employers with 100 or more employees to implement mandatory COVID-19 vaccine policies no later than January 4, 2022.  These rules are added to OSHA’s existing Emergency Temporary Standard for Health Care providers and similar rules adopted by the Safer Federal Workforce Task Force with respect to contracts amended on or after October 15, 2021, or newly awarded on or after November 14, 2021.

Under the new guidance, by January 4, 2022, employers (other than healthcare providers and federal contractors
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Labor and Employment
BlogCOVID-19’s Implications for OSHA and the NLRAMay 7, 2021
Recent news regarding the COVID-19 pandemic brings long-awaited optimism as signs of improvement begin to show. According to recent statistics from the Center for Disease Control and Prevention (CDC), 40.7% of the Arizona population has received at least one dose of the COVID-19 vaccine, with 28.9% being fully vaccinated. The number of confirmed cases and deaths related to COVID-19 continues to decline as well. As conditions seem to improve, businesses are eager to re-open their doors and bring back their workforce in an effort to return to “normal.”
Continue Reading COVID-19’s Implications for OSHA and the NLRA

Recent news regarding COVID-19 vaccines seems to be overwhelmingly positive.  Johnson & Johnson has developed a single-dose COVID-19 vaccine which will soon enter manufacturing and distribution stages to eventually become widely available in the United States, along with the currently available Pfizer and Moderna vaccines which are now being administered to anyone 55 years or older in Arizona and essential workers, depending on state protocols.  With these positive developments, however, employers are now faced with the decision of what role vaccinations play in returning to the workplace.  In particular, employers must decide whether they want to require employees to receive
Continue Reading Employer considerations for COVID-19 vaccines

Bankruptcy, Restructuring, and Creditors’ Rights

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

Client Alert

Pandemic Relief UpdateDecember 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 pandemic. 
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Bankruptcy, Restructuring, and Creditors’ Rights

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


Voting in Arizona During the COVID-19 PandemicAugust 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 secure
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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

Real Estate


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 code. 

Real Estate

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