Author Archives: Terry Hernlund

G&B is proud to welcome a new Partner to the firm, Philip G. Mitchell!

A native Phoenician, Philip has practiced in the state of Arizona for over 36 years, although throughout his practice he has solved complex legal issues across the United States from Maine to Guam. He has extensive experience with workouts for financial institutions and businesses including management, restructuring, foreclosure, asset recovery, asset sales, real property, litigation, litigation management, liquidation and Chapter 11 bankruptcy reorganizations. Philip represents individuals and institutional creditors, trusts, debtors, Chapter 11 trustees, receivers, liquidation trusts and creditor and equity committees in state and federal court actions.

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Congratulations to G&B Partner Camila Alarcon who has been elected as the Chair of the Administrative Law and Regulatory Practice Section of the State Bar of Arizona! In this role, Camila will lead the section in providing educational and other participatory opportunities to address the ever-evolving area of administrative law.

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Please join us in welcoming our 2020 Summer Associate, Sara Kizer! Sara is a law student at the Sandra Day O’Connor College of Law at Arizona State University. Read more about her below!

Sara recently completed her first year of law school at the ASU Sandra Day O’Connor College of Law. Before law school, she was a senior consultant at the Lewin Group, a health and human services consulting firm, where she specialized in policy research and program evaluation of Medicare and Medicaid programs. Sara enjoys spending time with her family and two cats, attending Pure Barre classes, and during the quarantine developed a knack for recreating dishes she used to eat at her favorite restaurants.

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Last evening, Congress passed the Paycheck Protection Program Flexibility Act of 2020 (the “Flexibility Act”), which provides greater flexibility in how borrowers may use Paycheck Protection Program (“PPP”) loan funds and receive loan forgiveness.  It is anticipated that the Act will be signed into law by the President in short order. Under the Act, businesses that have not already received a PPP loan will have until December 31, 2020 to apply, subject to continuing availability of funds.  PPP monies are still available.

The Flexibility Act also extends the covered period used to determine loan forgiveness. Increased from 8 weeks, borrowers may now receive loan forgiveness for amounts spent on forgivable expenses during the 24 week period following loan origination, or December 31, 2020, whichever comes first.  

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By Camila Alarcon.

Executive Order 2020-34 allows food and beverage businesses to reopen for dine-in services. This modifies and supplements Executive Order 2020-09, which previously closed restaurants and bars with the exception of takeout and delivery orders. Now restaurants, bars, taprooms, and tasting rooms can allow dine-in services as of Monday, May 11, 2020, and continue to offer takeout and delivery.

The Executive Order allows food and beverage businesses to resume dine-in services “provided they establish and implement protocols and best practices for businesses to address COVID-19, including enacting physical distancing policies, limiting the number of diners and following the protocols as directed by the Centers for Disease Control and Prevention, the United States Department of Labor Division of Occupational Safety and Health Administration and the Arizona Department of Health Services.” Phrase-by-phrase, this means:

• Dine-in services is a broad term that covers restaurants, bars, taprooms, and tasting rooms that serve food.

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