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Law360 (October 26, 2020, 10:48 PM EDT) — JPMorgan Chase Bank NA has urged an Arizona federal court to toss claims that it unjustly enriched itself by failing to pay a law firm for its work on federal Paycheck Protection Program loans, arguing that the parties never had a deal.

Because Radix Law PLC never signed an agreement with Chase that would entitle it to fees for helping borrowers obtain the loans awarded as part of the federal government’s response to the COVID-19 pandemic, the court should dismiss the firm’s attempt to now cash in, the banking giant argued Friday.

Other federal courts reviewing similar arguments in other cases have determined that the Coronavirus Aid, Relief and Economic Security Act that created the PPP does not entitle agents to collect fees from lenders if they do not have an agreement that calls for it, according to a memorandum accompanying Chase’s motion to dismiss.

“Plaintiff’s theory is refuted by the plain language of the CARES Act and the existing regulatory framework, as the only courts to have considered this issue have held,” the memorandum said.

Radix Law sued Chase in a county court in Maricopa County, Arizona, in August, contending that under a fact sheet issued in March and a final rule issued in April by the U.S. Treasury Department for the PPP, lenders who accept and issue loans under the program must pay fees to agents, including attorneys.

The firm asserts that it was the agent for 10 Chase clients who got PPP loans totaling over $700,000, according to the complaint for the case, which was removed to federal court in September.

“Defendant did not at any time during the PPP process object to paying Radix Law this fee,” the complaint says. “However, after completing the loan process, and despite demand, defendant has failed and refused to compensate Radix Law as required.”

Radix Law seeks an unspecified amount of damages, interest, costs and attorney fees.

Jonathan Frutkin of Radix Law, representing the firm, told Law360 on Monday that thousands of small service providers responded to the government’s emergency call for application assistance for small business owners.

“The government said don’t charge your clients — we will make sure that you get paid,” Frutkin said. “Instead the banks want to keep every penny of the government-paid fees for themselves.”

Counsel for Chase could not immediately be reached for comment Monday.

Radix Law is represented in-house by Jonathan Frutkin and Robert N. Mann.

JPMorgan Chase is represented by Nicole M. Goodwin and Adrianna Griego Gorton of Greenberg Traurig LLP.

The case is Radix Law PLC v. JPMorgan Chase Bank NA, case number 2:20-cv-01810, in the U.S. District Court for the District of Arizona.

October 27th, 2020

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Phoenix, AZ – Radix Law attorneys Jonathan Frutkin and Adam Buck have been hosting their weekly podcast “Small Business Update” throughout the pandemic. The podcast is included by all the major directory services, including Apple Podcasts, Spotify, Google Podcast, Stitcher and iHeart Radio. The attorneys host and discuss the rapidly changing government programs, laws and regulations that effect small business owners, which is also broadcast on YouTube.

Each Ruben Gallego (D-AZ) and David Schweikert (R-AZ) have appeared as guests, highlighting Congressional action that directly affects Arizona business owners during the crisis. The topics included the CARES Act, employment law, tax law and health care.

“I sincerely appreciate the attention that two philosophically different Congressman have given to the needs of business owners in Arizona.  Congressman Schweikert and Congressman Gallego have shown a commitment to keeping their constituents informed and encouraging feedback from the business community,” Jonathan Frutkin said.

The podcast has recently begun to focus on shorter weekly segments relating to legal topics that impact business owners. In honor of national Estate Planning Week, the new episode of the podcast will focus on the basics of what planning must get done.

October 20th, 2020

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Radix Law is proud to announce that its weekly podcast “Small Business Update” is now included by all the major directory services, including Apple Podcasts, Spotify, Google Podcast, Stitcher and iHeart Radio. Attorneys Jonathan Frutkin and Adam Buck host and discuss the rapidly changing government programs, laws and regulations that effect small business owners.

The podcast also features international newsmakers like Congressman David Schweikert (AZ-06), Alerus Bank Regional President Rob Schweister, and southern Africa business leader Chad Chawanda. The 30 minute podcast also talks about big legal decisions impacting business owners and proposed legislation that can impact the workplace.

Jonathan Frutkin is a frequent media commentator who has appeared on Fox-10, ABC-15 and CBS / AZ Family during the recent COVID-19 crisis. He has also appeared on iHeart Radio and is a frequent contributor to print publications including the Arizona Republic and several community newspapers.

“We are appreciative of all those that have followed us through email updates and our YouTube channel,” Frutkin said. “To have all these top podcast directories immediately include us as a resource for business owners is really gratifying.”

 

June 29th, 2020

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May 29th, 2020

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Arizona Gov. Doug Ducey announced an executive order Monday halting evictions for small businesses and nonprofit organizations until May 31.

April 9th, 2020

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Jonathan Frutkin, sat down with PBS Horizons to talk about the new federal law on sick leave that was put into place during the Coronavirus quarantine period.

April 3rd, 2020

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April 1st, 2020

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Phoenix – Radix Law is excited to announce the launch of a new virtual service that allows people to do their estate plan without ever having to leave their house. Radix Law recognizes that times are changing, and it is important to be flexible and adaptable to practical barriers to doing estate plan signings in person.

“What people may or may not know is that you need two witnesses and a notary – and that has always been the challenge for moving a service such as estate planning online,” said Jonathan Frutkin, founder and principal of Radix Law. “We are working with our partners to make this a possibility for the first time.”

The virtual estate planning route is quicker and helps those wishing to practice social distancing and can be done from any location in the world. In addition, during this difficult time, Radix Law is discounting its estate planning rates by reducing costs by a third.

“We recognize that people are reducing costs across the board – but planning your wishes or even who can carry out those wishes, is something that can’t be put on the backburner,” said Frutkin.

While you do still need two witnesses and a notary attend a signing, the Radix system allows you to do all that from your home, only using a computer.

The estate planning complete package also includes a durable health care power of attorney – which is necessary to let your loved one make decisions during a medical crisis. Radix Law believes everyone should have a plan in place. The Arizona Attorney General has a free form which you are able to download and use here.

March 24th, 2020

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PHOENIX – Radix Law partners Jonathan Frutkin and Ben Himmelstein have both been selected to Arizona Business magazine’s prestigious list of Top Lawyers. The list will be published in the March/April issue of the magazine.

Frutkin acts as General Counsel to a number of Radix’s business clients. He has been recognized for his work in mergers and acquisitions as well as securities law. Himmelstein is known for his work on commercial litigation and business law matters.

“We are thrilled to have two attorneys on the list this year,” said Frutkin about Radix Law. The boutique law firm focused on business matters has a dozen lawyers and is located in Scottsdale.

When Himmelstein heard about the recognition he said, “As I scan the list, I’m honored to be included with so many excellent colleagues (and sometimes opposing counsel!) that I’ve had the privilege of working with for so many years.”

March 11th, 2020

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PHOENIX – Radix Law partners Jonathan Frutkin and John Gilbert have both been selected to Arizona Business magazine’s prestigious list of Top Lawyers. The list will be published in the March/April issue of the magazine.

Frutkin acts as General Counsel to a number of Radix’s business clients. He has been recognized for his work in mergers and acquisitions as well as securities law. Gilbert is known for his work on real estate matters and general business disputes during his more than 40 years of practice. Gilbert has negotiated hundreds of real estate leases for his clients.

“We are thrilled to have two attorneys on the list this year,” said Frutkin about Radix Law. The boutique law firm focused on business matters has a dozen lawyers and is located in Scottsdale.

“Most of the due is to our clients,” said Gilbert. “I never win this recognition without an outstanding group of great Valley business owners that are much more than simply my clients. After all these years, I consider most of my clients to be my friends.”

Radix Law is a business law firm. We are a boutique firm, personalizing our approach to each of our client’s needs. We react to your legal challenges, working everyday as part of your team. We create and take advantage of opportunities for you, whether in Arizona or around the world.

March 5th, 2019

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