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LTL II and Imerys: Balloting and Solicitation in Mass Tort Cases

By: Jennifer B. Lyday and Cassidy L. Willard
Just hours after LTL’s first bankruptcy case was dismissed on April 4, 2023, LTL filed a second petition (hereinafter, “LTL II”). LTL asserted that it had the support of “[more than] 60,000 claimants who have signed and delivered plan-support

Problems in the Code: Oversight Results in Uncertainty for Small Business Owners Converting to Subchapter V.

By: Jennifer B. Lyday and Josh Plummer
In February 2020, Congress codified the Small Business Reorganization Act of 2019 (SBRA) as subchapter V of chapter 11 of the Bankruptcy Code.

Tips For Preparing Your Practice For Sale

By: James D. Wall, Esq.
If you are contemplating a sale of your practice, you should thoughtfully consider the issues raised below.  Selling a practice is in some respects like selling a house:  that is, you wouldn’t sell your house without first making sure the house presents well to potential buyers.

Bankruptcy: Your Friend During Tough Financial Times

By: Diana Santos Johnson
Typically, you do not think of bankruptcy as something that can empower and elevate individuals. However, as we enter 2023 with the nonstop news of record-breaking inflation and a possible recession, bankruptcy can be exactly this.

Attorney Jim Wall

Can They Really Do That? FTC Proposes Ban of Noncompetes.

By: James D. Wall, Esq.
As has been widely reported, the Federal Trade Commission (FTC) recently proposed a new rule that would prohibit employers from imposing noncompetes on their workers.  This ban would materially and dramatically affect the healthcare industry, especially in North Carolina,

Attorney Jim Wall

Some Doctors Fed Up With MSO Model

By: James D. Wall, Esq.
As shrinking reimbursement and heightened regulation force doctors to join hospital systems or practices managed by management services organizations (MSOs), some doctors are pushing back.  A recent California lawsuit filed by a group of physicians against an MSO may be the canary in the coal mine.

Attorney Jim Wall

NC Medical Board Proposes Position Statement on Licensee Employment With Hospitals, Group Practices and Other Health Systems

By: James D. Wall, Esq.
The North Carolina Medical Board recently proposed a Position Statement on physician employment with hospitals and other large groups.  A Position Statement is not a law or regulation, but rather the Medical Board’s interpretation of 
 

Attorney Diana Santos Johnson

A Pro Bono Experience: Assisting First Church of God in Christ in Stopping the Foreclosure of Their Church

By: Diana Santos Johnson
First Church of God in Christ is a thriving church in Winston-Salem, North Carolina.  They have owned their worship space property – which contains a building valued at almost $1 million – for 23 years?

Attorney Jim Wall

Selling Your Practice? Consider These Issues First

By: James D. Wall, Esq.
There has been a resurgence of practice acquisitions of late.  If you are an owner in your practice, chances are you are considering selling your practice or soon will be.  Other than purchase price, which is the bait on the hook, what else should you consider?

Attorneys Jim Lanik and Jennifer Lyday

Key Advantages of Chapter 12 Bankruptcy for Struggling Family Farmers

By: James C. Lanik and Jennifer B. Lyday
American family farmers and family fishermen are not immune to the effects of the current condition of the general economy. A recent industry analysis indicates that the three most pressing concerns of respondents surveyed in September 2022 were

Attorneys John Van Swearingen and Evan Lee

Help! Should My Business File for Bankruptcy Protection?

By: John Van Swearingen and Evan Lee
It is July of 2020, and domestic and international news cycles are full of stories of global pandemic, record unemployment, and an uncertain path towards international economic recovery.

Attorney Jim Wall

Is Your Pay Plan Stark Compliant?

By: James D. Wall, Esq.
Generally, the physician’s self-referral law (often referred to as “Stark”) prohibits a physician from referring a patient whose services may be reimbursed by a government payor (e.g., Medicare) for certain “Designated Health Services” (“DHS”) to an entity in which the physician or immediate family member of the physician has a financial relationship, unless an exception applies.

Attorney Jan Yarborough

Participating Provider Contracts: Remove or Revise the Indemnity Clause

By: Jan Yarborough
Contractual Indemnity clauses have no place in participating provider contracts. This is not news. Managed Care / Health Law continuing legal education presentations, position statements, and blog posts have been warning providers about this issue for decades.

Attorney Natalia Talbot

My Vision for the Legal Profession: Prioritizing Attorney Mental Health

By: Natalia Talbot
By the time I retire from practicing law, I envision a legal profession that values and prioritizes mental health. My vision is motivated by personal loss and experience, and a sincere hope for change.

Attorney Jim Wall

Mitigating the Risks of Being a “Friendly” Physician

By: James D. Wall, Esq.
How could a physician have any risk in being “friendly”? In this context, “friendly physician” refers to a particular type of arrangement where a physician-owned practice is managed by a management services organization, often referred to as an “MSO.”

Attorney Jim Wall

Jury Still Out on Executive Order Regarding Non-Competes

By: James D. Wall, Esq
In July, President Biden issued an executive order at least signaling his administration’s disdain for covenants not to compete for physicians (often referred to as “non-competes”). The Executive Order encourages the Federal Trade Commission to ban or limit non-competes, including in health care.

Attorney Jim Wall

Can You Sell Your Practice to Private Equity?

By: James D. Wall, Esq.
Not really. In North Carolina, medical practices, with few exceptions, must be owned by physicians. The exceptions include joint ownership between physicians and advanced practice providers (APPs), ophthalmologists and optometrists, and psychiatrists and psychologists.

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