Although “bet-the-company” litigation is a relatively new term, this type of legal issue is not new. It refers to litigation that is so high-risk that it can cause a business to have to shut down if not successful. It could make a company unable to perform business or result in the loss of intellectual property, […]
Pharmacies and pharmacy benefit managers have had a business relationship with each other since the 1960s. Today, PBMs function as intermediaries between insurers, drug manufacturers, and pharmacies. Because they do so much within the industry, it is logical for them to charge fees for revenue. These include GER and DIR fees, which affect pharmacies in […]
Contracts are complex documents that are required when starting and running a business. When drafting these documents, you must be aware of your own policies as well as local, state, and federal regulations. It is important to be aware of what can happen if your contracts aren’t created properly as well. Here are some mistakes […]
There are over 180 workplace laws regulated by the U.S. Department of Labor (DOL). Small and large business owners alike should know that following these laws is vital. This is for the benefit of employees, business owners, and the workforce as a whole. Here are some of the most significant laws and regulations in the […]
The Department of Health and Human Services Office of Inspector General (OIG) and the Centers for Medicare & Medicaid Services (CMS) announced proposed changes to the Stark Law, Anti-Kickback Statute, and Civil Monetary Penalty Law in 2019. The changes clear up issues with the Stark Law and Anti-Kickback Statute as well as offer new exceptions […]
When it comes to DME and HME regulations, documentation can be one of the most frustrating aspects of compliance. If suppliers don’t show proper documentation for the necessity of providing an item, there can be serious repercussions with CMS. What happens when documentation isn’t complete? Compliance issues aren’t always about fraud or abuse. Sometimes, a […]
Fiduciary duties refer to the actions and decisions that directors, officers, and business partners take on behalf of stakeholders or other partners. When professionals violate a contract or do not act in the best interest of the corporation, they may be held responsible for breaching their fiduciary duties. What are the main types of fiduciary […]
It isn’t uncommon for new business owners to make legal mistakes when starting their new ventures. This is because they are having to focus on so many things at one time. But, it is important to stay on top of everything involved with starting a business, including following the law. A failure to write a […]
Before starting a business, you must know what TYPE of business you are making, specifically what tax entity you will be operating under. This will determine the structure of your business, investment opportunities, and even personal risk. Before you decide what type of entity to start, speak with your attorney about the following options. Partnerships […]
The internet has changed the way the world works and has probably changed the way that your company does business. In many ways, these changes have been positive, but there can be downsides when it comes to electronic communications and data. There is always the possibility that your business could face litigation. The data, records, […]
Unless otherwise noted, the attorneys at Brown & Fortunato are licensed by the Supreme Court of Texas. Some of the Attorneys are licensed in other states as noted in the attorney profiles. Except where noted, they are not certified by the Texas Board of Legal Specialization.
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