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, …
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 …
When Your Business Partner Thinks He Is Funny…. But He Is Not.
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 …
Can A Landlord Keep Property Owned by a Tenant If The Tenant Breaks Their Lease?
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 …
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 …
Ponzi Scheme vs. Pyramid Scheme
New Mexico Has Known Its Fair Share of Scams. Back in the early 2000’s there was a buzz among professional women in Albuquerque. I became aware of it when a friend told me she was advancing $5000 from her credit card in order to participate in an investment program that was by invitation only, and open solely to women. She …
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 …
Employment Contracts: Why They Are Important and How You Can Use Them to Protect Your Business.
Hiring new employees is a difficult process. You have to be sure they are properly suited for their position and have a personality and temperament which will suit the work environment you have spent time and effort putting together. This coupled with negotiating benefits, salary, and slotting in time for training in an already busy schedule can seem overwhelming and …
