When a Commercial Tenant Goes on Offense

commercial landlord lawyer Long IslandWe 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

medical practice lawyer Long IslandWhen 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

healthcare lawyer Long IslandRestrictive 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.

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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

real estate lawyer Long IslandMuch 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

Medicaid lawyer Long IslandOnce 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

last will and testament lawyer Long IslandMore 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

estate administration lawyer Long IslandWhile 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”

Forming A Business Corporation in New York

forming a business in New YorkThere are many types of business entities you can form, including sole proprietorships, partnerships, LLCs, and corporations, among others. Many entrepreneurs opt to form a corporation because of the unique benefits that are associated with it, which include: Continue reading “Forming A Business Corporation in New York”

Evaluating Your Medical Practice

evaluating your healthcare practiceHaving a medical practice evaluated by a professional is extremely important in order to avoid contentious issues in the future, especially when there are multiple stakeholders as part of the practice. With that being said, here are some important factors to take into consideration prior to having your medical practice valued: Continue reading “Evaluating Your Medical Practice”