Although no company likes to contemplate the idea of being sued or pursuing a lawsuit, it is often an inevitable part of the cost of doing business. When a dispute arises, an important first step is determining the deadline for filing a claim. This deadline is known as a “statute of limitations.” If an individual/company […]
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Divorce and its Impact on a Business—Need for an Agreement
Although premarital or post-marital agreements, as they are called in Arizona – are not viewed as the most romantic documents in the world, they are an essential for business owners contemplating marriage. Carefully drafted and properly executed in accordance with Arizona law, a premarital or post-marital agreement can save a business owner time and money […]
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What if the Business is Unsuccessful?
When I first meet with a group of entrepreneurs who have an idea and want to create a business, one of the questions I ask that often receives the most unique reaction is “what would you like to have in place if this plan does not work out.” Often, these individuals who are still in […]
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Sexual Harassment in the Social Media Age
Sexual harassment has exploded into the public consciousness in a very short amount of time, especially as many celebrities have joined the lists of accused and accusers alike. The “Me Too” movement has spotlighted the actions of individuals in power taking advantage of their positions of authority for their own personal satisfaction. However, these types […]
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Use and abuse of social media: A guide for employers
Over the course of the last year, especially during the most recent election cycle and other crises that have occurred, news of individuals caught in one scandal after another involving their use of the Internet and various social media platforms has been a daily occurrence. In certain circumstances, these “scandals” have evolved into what is referred to as “cancel culture” and led to the individuals losing their employment and business loss of income. In more extreme cases, it has led to law enforcement investigations and lawsuits.
A question I often hear from my corporate clients is to outline
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Work Celebrations—Practical Guidelines
During the Holiday Season, or for important scheduled events, I often have business clients ask what should and should not occur at a work event. Specifically, what should happen at work-sponsored social events. These concerns have increased in light of constant news headlines where parties and out-of-work interactions have been a source of allegations of improper […]
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Essential Items to Consider When Starting a New Business
If you’ve been contemplating starting your own company for some time, chances are you’ve put a considerable amount of thought into how you plan to achieve your dreams of business ownership. Most entrepreneurs are driven, energetic people who devote considerable time and effort to strategy and planning. Unfortunately, despite the best of intentions, the majority […]
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The Pitfalls of Using an Online Company to Start a Business
Because of the misconception that organizing a business is extremely expensive, many new business owners are tempted to incorporate by utilizing an online do-it-mostly-yourself service. The potential business owners incorrectly believe they will save money bypassing an attorney in favor of using these services on the Internet. The frequent television, radio, and social media advertisements […]
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The Nuts and Bolts of Alternative Clauses in Non-Compete Clauses
Use and Popularity of Employee Non-compete and Non-Solicitation Terms Employee non-compete and non-solicitation terms as part of an employment contract are popular tools utilized by many types of employers when hiring new employees. It is easy to understand why. Employees today are considerably more mobile than in past generations. When a new job opportunity arises, […]
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Acceptable geographic and time limitations in noncompete clauses for Arizona employment contracts
When employees move on to other pursuits, they take their knowledge of the former employer with them. If you are a business owner, a well-drafted non-compete agreement can ensure that former employees do not directly compete with your business.
Because many employees leave to work for competing firms (or start their own), a non-compete agreement is essential to protect, at least for a time, what you have worked so hard to build. A business must draft its non-compete agreement in such a way that it will protect itself to the greatest extent possible, but also remain legally enforceable. Creating such
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Key Provisions for an Employee Handbook
Employee handbooks can be a tremendous resource for both employers and their employees. Carefully written employee manuals bring everyone onto the same page – literally – by clearly outlining company policy, laying ground rules, identifying important objectives, and establishing an overall culture. In general, people thrive when they know what to expect and what is […]
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Prevention of Employee Theft
It may sound simple, but the best way to address employee theft is to not let it happen in the first place. While it may be impossible to achieve that goal, several steps can be taken by a business to reduce the likelihood that employees will be able to steal from the company. Thoroughly Screen […]
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Employee Theft? Take These Steps!
After you’ve discovered that an employee has been stealing from the business, your initial reaction may be one of anger, shock, or dismay. Your second reaction will probably be: What should I do now? First Steps Often times, the first step for a business owner is to make a call to its attorney and then […]
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Revisiting Employee Theft
Often businesses are concerned about the loss of revenue from the occasional shoplifter or burglary. Although both situations can cause financial damage to a business, most losses due to this type of theft comprise a small percentage of losses a business will incur. Instead, theft by employees often causes significantly greater financial damage to […]
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Naming a Retirement Account or Life Insurance Beneficiary? Avoid These Painful Errors
If you have obtained an IRA, 401(k), or life insurance policy, you may think that naming a beneficiary would be a simple trouble-free exercise. Unfortunately, you may also find out the hard way about hidden traps and complications involved in this straightforward step. I would like to examine some of the innocent errors that […]
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Thoughts on COVID-19, retail, and commercial real estate
The COVID-19 pandemic has caused significant worry and confusion for a variety of commercial markets, including retail and other commercial real estate. As individuals and organizations brace themselves for continuing developments and try to figure out their short-term and long-term critical strategies, I would like to voice my own thoughts, impressions, and expectations regarding the pandemic and post-pandemic commercial real estate challenges.
Changes in the Retail Environment
Of course, the biggest and most obvious change in the commercial retail landscape involves the partial shuttering of many businesses in industries such as food service and hospitality. Each state sets its own
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