The holiday season is upon us and many businesses choose this time of year to celebrate workplace achievements and express gratitude to employees for their contributions. Although holiday parties are customary to some businesses, others are choosing to forgo these festive traditions in fear of legal liabilities stemming from alcohol use, injuries, and harassment. For businesses that choose to have a holiday party, it is important to take measures to minimize risk and promote safety. Continue reading “Reduce Business Liability at the Holiday Party”
Blog
Landlord & Investor Q&A Presented by Attorney Jim Clark for October 2018
In this segment Jim Clark answers the most popular questions that come up through his interactions with landlords and real estate investors through his presentations to local organizations, networking, one on one conversations as well as direct posting through his website and social media. Continue reading “Landlord & Investor Q&A Presented by Attorney Jim Clark for October 2018”
When a Commercial Tenant Goes on Offense
We were nearly a year into a heated battle with a retail tenant. In court, I was representing the landlord. Each side had hundreds of thousands of dollars on the line and the whole case was now turning on the judge’s interpretation of a few words in the lease. This was a Yellowstone Injunction case, and any commercial landlord who has been in the business for some length of time has either heard of or experienced one of these. They’re not pretty. Continue reading “When a Commercial Tenant Goes on Offense”
Practice Facilitation and Primary Care Success
When opening an independent medical practice, there are many new hurdles to conquer that medical professionals typically do not face when working in a hospital. Predictable challenges can include financing, staffing, equipment sourcing, and record keeping, to name a few. One factor that has become nearly essential over the past decade in private practices is the utilization of an individual Practice Facilitator (PF) or practice facilitation team. Continue reading “Practice Facilitation and Primary Care Success”
Restrictive Covenants in the Medical Industry
Restrictive employment covenants are typically disfavored by law, as they can be burdensome to the employee and prohibit them from making a decent living after the termination of a former job. However, restrictive covenants in the medical industry are highly enforceable in some ways.
Continue reading “Restrictive Covenants in the Medical Industry”
Landlord & Investor Q&A September 2018: Presented by Attorney Jim Clark
In this segment Jim Clark answers the most popular questions that come up through his interactions with landlords and real estate investors through his presentations to local organizations, networking, one on one conversations as well as direct posting through his website and social media. Continue reading “Landlord & Investor Q&A September 2018: Presented by Attorney Jim Clark”
Timing the Cycles and Patterns
Much of your success in real estate depends on timing. As a real estate investor, you should strive to find order in the cycles and patterns of the market. Should you pull the trigger on that seemingly lucrative commercial real estate deal? If you evict your messy, property-damaging tenants now, will you be able to find a suitable replacement? Striking at the right moment can often mean the difference between success and failure. But, knowing when to hunker down and be patient is equally important. Continue reading “Timing the Cycles and Patterns”
Remember: There is a Secondary Process by a MLTCC Once Approved for Community Medicaid
Once a person is approved for Community Medicaid, which is care provided by a home health aide to a Medicaid recipient in his or her home, he or she must be evaluated by a Managed Long-Term Care Company (MLTCC) before receiving services. As a requirement of the Department of Social Services (DSS), an approved Community Medicaid recipient must enroll with a MLTCC who will send an evaluator to assess the benefit recipient’s condition in order to create a care plan that will suit his or her daily needs. The evaluator will determine the number of hours per day that the recipient is entitled to receive a home health aide to assist with his or her basic daily needs. Continue reading “Remember: There is a Secondary Process by a MLTCC Once Approved for Community Medicaid”
Personal Property Should Always Be Addressed in a Last Will and Testament
More often than not, a Last Will and Testament fails to address a decedent’s wishes for how to distribute his or her personal property. Personal property may include low-value tangible items, keepsakes, high-end artwork, jewelry, antiques, coin collections or valuable wine or liquor collections, among other things. Continue reading “Personal Property Should Always Be Addressed in a Last Will and Testament”
New Executor Nomination Form Explicitly Requests Criminal History
While a testator has the ability to name anyone as his or her executor, there are certain grounds for disqualification. According to the Surrogate’s Court Procedure Act § 707, a nominated executor is ineligible if he or she is: Continue reading “New Executor Nomination Form Explicitly Requests Criminal History”
