Common mistakes inexperienced business owners make when signing leases. There are no laws on the books to protect a business owner from a bad commercial lease. Now, pause and re-read that sentence. Pause again and let that sink in. There are laws to protect you from unfair loan practices, defective merchandise and breaches of contract. But, if you willingly signed …
How Subchapter V Bankruptcy Can Help Save New Mexico Small Businesses
The Small Business Reorganization Act of 2020 may be the silver lining in an otherwise stormy year for small businesses. The Bankruptcy Abuse and Prevention Act of 2005 was created with the intention to curb the miss use of bankruptcy laws. As such, the Act required new paperwork and reporting requirements of businesses wanting to file for Chapter 11. The …
Understanding Business Bankruptcy
Business bankruptcies can be an excellent tool to help businesses deal with unsustainable levels of debt Depending on the severity of your debt, filing for bankruptcy could be the most sensible solution for keeping your business alive. It might allow your company to recover without the same burdens that nearly led to its demise or allow you as the owner(s) …
New Mexico Dram Shop Law
Dram Shop Laws are enforced in 43 states. New Mexico is one of them. Dram Shop Laws pertain to bars, taverns and other establishments that serve alcohol. The laws strive to achieve two main goals. First, to discourage the sale of alcohol to minors. Second, to hold accountable businesses who, by over serving a patron, have contributed to the injuries …
How To Be Pro-Active In Your Malpractice Defense.
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 …
Should My Business Deal With An “Advocate”?
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 …
Can Businesses Make Exceptions To COVID-19 Face Mask Requirements For Clients?
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 …
What to Consider When Your Tenant Asks You to Renegotiate a Commercial Lease
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 …
Understanding Contracts: Contractor and Subcontractor in a Construction Context
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 …
What is “Ex Parte” Communication?
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 …
