Nursing homes and skilled nursing facilities ("SNF") should be aware that they will be in the crosshairs of the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) in 2017. As part of this year's Annual Work Plan, OIG has identified...
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Stay In Compliance: Avoid the “I-9 Fine”
As an employer, your organization presently verifies employment eligibility of prospective new hires using Form I-9, Employment Eligibility Verification, published by the U.S. Citizenship and Immigration Services ("CIS"). As of January 22, 2017, employers must use...
The “Who, What, When and Where” of Trademark Protection
Individuals and business owners are faced with a number of options when considering whether, where and when to formally protect the name of their business, products and services and the logos they use in connection therewith. The answers depend on the circumstances...
Delaware Chancery Court Decision Highlights Shareholders’ Rights & Obligations for Information
Public companies are required to provide, on a regular basis, extensive information about their businesses and financial condition. All of that information is readily available to shareholders and others. Conversely, similar information regarding private companies is...
CONSIDERATIONS FOR NEGOTIATING COMMERCIAL LEASES
While some of the provisions contained in commercial lease agreements may be considered commonplace or “boilerplate” language, there are certain issues that require specific attention, depending upon your position in such transactions as the landlord/lessor or the...
PLANNING FOR THE MORTALITY OF A CLOSELY-HELD BUSINESS
When launching a new business venture, it is likely (and more fun) to focus on strategic planning, growth and implementation. However, it is vital in the early stages to give serious consideration to an exit strategy and business succession plan. Business structures...
PERSPECTIVE – CONTINUING VIABILITY OF SINGLE-MEMBER LLCS IN FLORIDA
The use of Limited Liability Companies (LLCs) is very popular in Florida. Most people assume LLCs offer sufficient protection from claims by judgment creditors against a member’s ownership interest. However, for the past decade, I have expressed concern regarding the...
CANNABIS ADVERTISING IN THE AGE OF REGIONAL COMPETITION
Long gone are the days of a state-sanctioned marijuana program standing in isolation in a sea of neighboring prohibitionist states. Presently, over 35 states have legalized medical marijuana, and more than 15 have legalized recreational cannabis. With increased...
IMPORTANT MA DECISION ON SOFTWARE SALES TAX APPORTIONMENT
The case of Oracle USA, Inc. v. Commissioner of Revenue was recently decided by the Massachusetts Supreme Judicial Court in favor of the taxpayer. The case is important for at least two reasons: First, the Court found that Massachusetts taxpayers have a statutory...