View Post

What Is So Important About An Operating Agreement?

In Break-ups & Partnership Disputes, Business Tips, Business Transactions, Departing Partner, Dispute Resolution, Dissolve a Partnership, Lawyer Succession, Litigation & Lawsuits, Partnership Dispute, Partnerships by Kristy DonahueLeave a Comment

It is one of the most important documents associated with your business yet in so many instances it is the least considered.  In fact, a frightening amount of small business owners merely downloaded a generic form and signed it when starting their business with little knowledge as to what was in the document.  The Operating Agreement for your business dictates …

View Post

What You Need To Know About Business in 2021

In Break-ups & Partnership Disputes, Business Tips, Business Transactions, Dispute Resolution, Fraud & Embezzelment, Legal Compliance, Litigation & Lawsuits, Partnerships by Larry DonahueLeave a Comment

Attorney Stephanie Schaeffer advises against “lazy” financial practices among managing members of multiple companies. Since joining BLSW earlier this year, I have worked several matters regarding business member disputes. Some of these disputes could have easily been resolved if the parties had documented their financial action or if they had documented the “deal” they had regarding purchasing membership interest. Still …

View Post

What You Need To Know About Business In 2021

In Business Tips, Business Transactions, Dispute Resolution, Litigation & Lawsuits by Don KochersbergerLeave a Comment

Firm Partner, Don Kochersberger talks about the dollars tied to documentation. Failure to consider how you store and retain your business’ documents can be a very serious and costly mistake.  Even if they have never seen the inside of a courtroom or been involved in a lawsuit, every business owner knows that litigation is ridiculously expensive and something to avoid …

View Post

What You Need To Know About Business In 2021

In Business Tips, Business Transactions, Contract Disputes, Contracts, COVID-19 by Alicia McConnellLeave a Comment

BLSW’s Senior Litigator shares words of wisdom as we head into the New Year. If 2020 has taught us anything, it sure seems to be that we can never fully know what the future will bring. Now that we have seen and experienced the COVID-19 pandemic and the associated fallout that it has brought, we have gained some insight on …

View Post

What To Consider When You Are Given Equity In A Company.

In Contract Disputes, Contracts, Litigation & Lawsuits, Partnerships by Larry DonahueLeave a Comment

Does “free equity” have the potential to be a gift you will regret accepting? Hey, who would not want to be given some equity in a company? Especially if there does not seem to be any strings attached? If the company is successful, you benefit. If it fails, it cost you nothing. So why not accept an equity arrangement? Technically, …

View Post

It’s Yours!….Until We Break Up.

In Break-ups & Partnership Disputes, Business Tips, Business Transactions, Contract Disputes, Dispute Resolution, Litigation & Lawsuits, Partnership Dispute by Alicia McConnellLeave a Comment

Attorney Alicia McConnell sorts the facts from assumption when it comes to business assets and break-ups. Dear Alicia, I started a business five years ago.  It is a courier service.  Two years ago, I needed to expand and hire another driver.  My boyfriend at the time offered to a buy a car for my business to use.   He purchased it, …

View Post

Do You Know About The “Decline” Credit Card Scam?

In Business Tips, Business Transactions, Dispute Resolution, Fraud & Embezzelment by Kristy Donahue1 Comment

“That’s strange, I have plenty of credit…try the card again.” “Hogwash!” cries Ginger Hollowell author of “Secrets of Credit Card Processing Fees Revealed” and Owner of the Electric Money Company. https://electronicmoneycompany.com/ “When a card is declined at point of sale, it means the card DOES NOT have enough credit for the purchase. That simple. ” According to Ms. Hollowell, this …

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

When Your Business Partner Thinks He Is Funny…. But He Is Not.

In Break-ups & Partnership Disputes, Business Tips, Business Transactions, Contract Disputes, Contracts, Corporate Formation, Departing Partner, Dispute Resolution, Dissolve a Partnership, Employment Contract, Employment Law, Legal Compliance, Litigation & Lawsuits, LLC Formation, Partnership Dispute, Partnerships by Joseph TurnerLeave a Comment

Attorney Joe Turner weighs in on this complicated but serious issue. Dear Joe, I am in a Partnership with four other Physicians.  One of the Partners fancies himself a comedian.  He likes to send out joke emails to the entire staff and will often add improper comments to serious ones.  The problem, aside from being immature and distracting, is that often …

View Post

Can A Landlord Keep Property Owned by a Tenant If The Tenant Breaks Their Lease?

In Business Tips, Business Transactions, Contract Disputes, Dispute Resolution, Litigation & Lawsuits by Alicia McConnellLeave a Comment

The Landlord’s Lien. Under New Mexico law, a landlord has what is known as a “Landlord’s Lien” on property that is housed within the space that is being rented. This means that a landlord has a lien on the property which remains in the rented location for the rent due under the terms of a lease. If a business has …