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630 Saner v. BridgeTex Pipeline Company, LLC, No. 11-14-00199-CV, 2016 WL 4009973 (Tex. App.—Eastland July 21, 2016, pet. denied)

Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Saner v. BridgeTex Pipeline Company, LLC, No. 11-14-00199-CV, 2016 WL 4009973 (Tex. App.—Eastland July 21, 2016, pet. denied) (Condemnation for crude oil pipeline) held that in order “to satisfy the constitutional ‘public […] More...

7 Easy Ways Your Business Can Avoid A Lawsuit

Running a business can be fun, challenging, and profitable. However, as a business owner, getting sued is never fun. A lawsuit can be time-consuming, costly, and emotionally draining for all involved. For most small businesses, accusations associated with pending litigation can cause serious damage to their reputation. Civil lawsuits against businesses have gone up over […] More...

Hiring A Litigation Attorney? Here’s What You Should Know First

Litigation attorneys are critical if you are looking to file a legal claim or defend against one. Unlike transactional lawyers, a litigation attorney is the one in courtrooms prosecuting or defending claims for clients. While they are the type you might associate with television or movies, their job is not nearly as glamorous. These professionals […] More...

Data Mining: Use Caution

By: Jeffrey S. Baird, Esq. With 78 million Baby Boomers retiring at the rate of 10,000 per day, and with the life expectancy of Boomers continuing to increase, the demand for pharmacy services will continue to increase exponentially. As they meet this demand, pharmacies are nevertheless facing a “Perfect Storm” of challenges. These include (i) […] More...

Building a Legally Compliant Referral Network

By: Jeffrey S. Baird, Esq. One way for a pharmacy to grow is to enter into relationships with physicians, hospitals, and other referral sources. In doing so, it is critical that the pharmacy comply with federal and state anti-fraud laws. Legal Guidelines For Pharmacy Referral Networks The federal anti-kickback statute (“AKS”) prohibits a pharmacy from […] More...

Interplay Between Stark and the Kickback Statute

By: Jeffrey S. Baird, Esq. The Federal Anti-Kickback Statute (“AKS”) prohibits knowingly and willingly offering, paying, soliciting, or receiving, directly or indirectly, anything of value if the purpose is to induce the recipient to refer, order, recommend, or purchase an item or service for which payment may be made under a federal health program…or to […] More...

Asset Purchase: Potential Successor Liability

Jeffrey S. Baird, Esq. Generally, there are two ways to purchase a pharmacy: an asset purchase or a stock purchase. Stock purchase of a pharmacy Let’s talk about a stock purchase first. Assume that John Smith owns ABC Pharmacy, Inc. Assume that Bill Johnson wants to buy the stock, not the assets, of ABC. Smith, […] More...

Donating EHR Software to a Facility

By: Jeffrey S. Baird, Esq. Many pharmacies work with skilled nursing facilities (“SNFs”) and custodial care facilities (collectively referred to as “Facilities”). A Facility is a “referral source” to the pharmacy. Even though the Facility may give “patient choice,” if the pharmacy dispenses a drug to a Facility patient, the law considers the patient to […] More...