View Post

How To Be Pro-Active In Your Malpractice Defense.

In Business Tips, Contracts, Dispute Resolution, Employment Law, Litigation & Lawsuits, White Collar Criminal Defense by Larry DonahueLeave a Comment

Malpractice insurance will provide physicians with an attorney, but sometimes that’s not enough. According to a 2018 report by the American Medical Association, 34% of all practicing physicians have been sued.  And, if a doctor is still practicing past age 55, that percentage goes up to nearly 50%.  Since the prospect of a lawsuit is becoming almost inevitable, the need …

View Post

Should My Business Deal With An “Advocate”?

In Business Tips, Contract Disputes, Dispute Resolution, Litigation & Lawsuits by Larry DonahueLeave a Comment

There is a difference between being an “Advocate” and “practicing law”. Good Advocates do not cross the line. Advocates are individuals who work on behalf of another person. People in need of advocates generally are those who would have difficulty trying to maneuver within a complex, structured system. Examples of systems or situations that would require advocacy would be the …

View Post

Can Businesses Make Exceptions To COVID-19 Face Mask Requirements For Clients?

In Business Tips, COVID-19, Employment Law, Litigation & Lawsuits, Marketing Tips by Larry DonahueLeave a Comment

As businesses slowly reopen from forced closure and the Stay- at- Home requirements are gradually lifted, business owners find themselves trying to navigate the new guidelines of the State, CDC and OSHA while keeping their clients happy.  The mandate for the public to wear masks tends to be the current requirement that is causing the most conversation among business owners …

View Post

What to Consider When Your Tenant Asks You to Renegotiate a Commercial Lease

In Business Tips, Business Transactions, Contracts, COVID-19, Litigation & Lawsuits by Larry DonahueLeave a Comment

Is the Lease About to Expire? The first thing to do is look at your lease and determine when the lease is set to expire. Is your tenant attempting to renegotiate for a future lease agreement, or are they trying to renegotiate the rental rate on their current lease? Most leases will specify that the tenant must notify the landlord …

View Post

Understanding Contracts: Contractor and Subcontractor in a Construction Context

In Business Tips, Business Transactions, Contract Disputes, Contracts by Larry DonahueLeave a Comment

Contracting and subcontracting can exist in many arenas, but one of the most common is in construction. If you have ever watched a home renovation show or gone through the excitement of having your own home or business renovated, you have probably heard the terms contractor and subcontractor used. The question is, what is the difference and how much do …

View Post

What is “Ex Parte” Communication?

In Business Tips, Dispute Resolution by Larry DonahueLeave a Comment

What does ‘Ex Parte’ Mean and How is it Applied in a Legal Context? Ex parte is one of those annoying Latin phrases lawyers still use, but the common translation is basically ‘one sided’, or ‘for one side’. Ex parte communication is when one party to a case communicates to the court without informing the other party, depriving them of …

View Post

Office Space Post COVID-19

In Business Tips, COVID-19 by Larry DonahueLeave a Comment

Throughout history there have been instances when a singular event changed how we did business..forever. One of my final business courses in college 20+ years ago concluded with my Professor urging us to give careful thought as to what employer we tied ourselves to in the future. “If you work for a company whose way of doing business does not …

View Post

The Correct Way to Use a Promissory Note

In Business Tips, Contracts by Larry DonahueLeave a Comment

Promissory notes can be used in many different ways. For businesses, Promissory Notes are often used for short term financing. They can provide small business an avenue to obtain financing when they are unable to qualify for traditional loans. However, before signing a promissory note, it is important to understand what they are, how they are used, what exactly they …

View Post

Hazard Pay in New Mexico

In Business Tips, COVID-19, Department of Labor (DOL), Employment Law by Larry Donahue2 Comments

On May 1, New Mexico became the second state to establish hazard pay specifically for child care workers According to the U.S. Department of Labor, “Hazard Pay” means employees receive additional pay for performing hazardous duties or work involving physical hardship. Work duty that causes extreme physical discomfort and distress which is not adequately alleviated by protective devices is deemed …