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Can You Prevent a Whistleblower Lawsuit?

When a whistleblower suit is brought against a company or practice, there are usually many warnings that were ignored or not dealt with appropriately. Many times, wrongdoings are brought to light internally first and properly addressing concerns can prevent a lawsuit.

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Often, the employee who becomes the whistleblower tries to raise the issue internally before going outside the company.

There are also fears of retaliation by many whistleblowers. Fear of retaliation can lead an employee to report wrongdoing to an outside board or entity.

So how do you avoid a whistleblower issue?

While it’s impossible to ensure that you will never have a whistleblower suit on your hands, you can take steps to make sure your employees’ concerns are acknowledged.

First, make sure your employees have a variety of ways to raise their concerns, including an anonymous option.

As part of your regular compliance training, make sure your employees know all the ways to raise issues and let them know that you are want them to come forward with concerns. If your employees bring their concerns forward, it can help you improve your practice, patient care and working relationships.

Let employees know that you take concerns seriously and will fully investigate, and where necessary, remediate concerns.

When we work with practices and companies on their compliance plans, policies and procedures, or employee handbooks, we make sure to put in place robust internal reporting methods.

Stress the importance of open communication to your employees and then follow through. You can’t expect your employees to believe you, if you don’t take the time to actually listen and address concerns.

Busy practices will often have an attorney investigate and address employee concerns, to have impartiality and attorney client privilege. This also lets your employees know you take their concerns seriously, when an outsider is brought in to investigate.

Having open communication with your employees will lead to better working relationships and a better overall company.

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Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.

Why Shouldn’t I Use an Online Will?

Online will often do more harm than good. Many people look to the internet when preparing estate planning documents, like wills and trusts, but this can set you up for disaster.

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Online will often ‘one size fits all’ documents that don’t account for your particular situation. Sometimes, they don’t account for the current laws in your state.

These documents may not even be legitimate and can lead to issues and misunderstandings among family members, tax losses, expensive probate proceedings, and disputes that last years after death.

By their nature, wills have to go through the probate system. This is costly and does not guarantee that your wishes will be followed.

Meeting with expert estate planners is the only way to protect your interests and have the best documents tailored to your needs.

Online estate planning may not even offer the correct document or documents. A website may direct you to use the wrong documents, or may not offer an extensive package of the complete documents you need for your situation.

Online documents are also often limited in their scope. This means that you can’t adequately plan for your needs.

When your future is at stake, you need to have the correct documents in place to protect your wishes. Your powers of attorney need to be complete and accurate.

If you have children, it is essential that you have appointed their guardian and planned for their future.

Online estate planning can have a preset language that is in opposition to your wishes.

If you’ve utilized online estate planning, contact our office today so that we can revise your documents and make sure that your family, assets, and wishes are planned for and protected.

Contact us today to help you get the right documents in place or to update your current estate plan.

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What Does the End of the Public Health Emergency Mean?

The national Public Health Emergency (PHE) for COVID-19 ends on May 11, 2023.

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The end of the public health emergency brings a variety of changes to the healthcare system.

Most of the remaining federal COVID-19 vaccine requirements will end for federal workers, contractors and foreign air travelers.

The government is also lifting requirements for Head Start educators and healthcare workers.

Free COVID-19 vaccines and tests will no longer be provided and will now be covered under traditional health insurance.

The end of the PHE also means that many of the waivers who were in place will no longer exist. The US Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) waived many requirements during the pandemic to allow for flexibility, including Stark Law waivers, 1135 waivers, and telehealth coverage changes.

However, HHS announced that many of the telehealth flexibilities will remain in place for some time.

It is essential for you to make sure that your healthcare practice is compliant with all regulations, especially those who were waived during the PHE.

It is likely that they will face increased scrutiny in future government audits.

We recommend that you review your compliance plan and make sure it is up to date. Now is also a good time to perform an audit with your healthcare attorney.

If you need help with your compliance plan or audit, we can help. Contact Rickard & Associates today.

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Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.

Do I Need an Emergency List?

We frequently have questions related to the practical and financial panic after a death in the family when accounts, passwords, and assets are unknown. Sometimes, a family knows an estate plan was done but they cannot find the plan and don’t even know the law firm that drafted the plan. An emergency list can help to avoid these issues.

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We often see people lose their spouse, and have no idea how to access bank accounts, pay their bills, or even know what retirement accounts exist.

Because of this, we often recommend that clients compile a list of important assets, passwords, locations of important documents, etc.

In the event of an emergency, incapacitation, or even death, this list can help.

So what should you have on this emergency list?

  • If you work with any professional, such as your lawyers, physicians, financial advisors, etc., put their contact information on the list so that your loved ones can reach out to them, if necessary.
  • A list of all of your assets and how you can access them. Don’t forget to include pension information, retirement accounts, bank accounts, etc.
  • Put information about the location of your estate firm and contact information from the lawyer that drafted it.
  • Put information as to where all of your important documents are kept, such as your vehicle titles, deeds, Social Security cards, etc.

In an emergency situation, people don’t want to be scrambling to find important documents.

Life is full of uncertainties, but careful planning can help lessen the burden when you are already going through a tough situation.

Having a complete list can be incredibly helpful to your loved ones. It also ensures that your estate plan will be placed and carried out as intended.

It is also important to remember to update the list as your assets change. Keep the list current to eliminate confusion.

If you need help with your estate plan or creating an emergency list, we can help.

Contact us today to help you get the right documents in place or to update your current estate plan. We will plan so that you don’t have to worry about your future.

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Nike sues Lululemon over alleged footwear patent infringement – Business News

Nike sues Lululemon

Glen Korstrom / Business in Vancouver – | Stories: 409129

Multiple media outlets are reporting that global sportswear giant Nike Inc. (NYSE:NKE) is again suing Vancouver-based leisurewear retailer Lululemon (Nasdaq:LULU) for alleged patent infringements.

Reuters reported that Nike today filed documents in Manhattan federal court that said it has suffered economic harm and irreparable injury from Lululemon’s sale of its Blissfeel, Chargefeel Low, Chargefeel Mid and Strongfeel footwear.

Nike has not yet released a public statement on the legal conflict.

Lululemon sent BIV an email to say, “Nike’s claims are unjustified, and we look forward to proving our case in court.”

Reuters said Nike’s lawsuit seeks unspecified damages, and that it alleges that the Oregon-based company’s three patents on issue concern textile and other elements, including one addressing how the footwear will perform when force is applied.

This is the second consecutive January in which Nike has taken court action against Lululemon. Media reports in January 2022 noted that Nike filed documents in the US District Court in Manhattan that accused Lululemon of infringing six patents because its Mirror technology, which lets users target specific levels of exertion, as well as compete with others, and record personal performance, infringe on Nike intellectual property.

Lululemon in July 2020 spent US$500 million to buy Mirror – a New-York-based, in-home fitness company.

Mirror’s marquee product is a device that appears to be a standard mirror, unless it is turned on.

Users activate their Mirror to enjoy augmented reality. A fitness instructor could appear – wearing Lululemon clothing, and ready to guide the user through a workout.

The Mirror could also show videos that include Lululemon representatives, or community events.

Nike is said to be seeking triple damages among other remedies for Lululemon’s alleged willful infringement of patents related to its Mirror product.

Slow December sales cap transition year for LI housing market

The Long Island housing market slogged through another disappointing month in December, capping off a year of transition for the residential real estate industry.

As had been the case for most of 2022, home sales slowed down, and home prices continued to retreat again last month.

There were 1,583 Long Island homes contracted for sale in December, down 14 percent from the 1,846 pending sales of the previous month and a drop of 34.4 percent from the 2,414 homes that were contracted for sale in Dec. 2021, according to preliminary numbers from OneKey MLS.

The number of Long Island home sales in December was the lowest number of December home sales in the last nine years.

Home sales on Long Island have seen year-over-year declines since the overheated pandemic market began to cool in the second half of 2021. There were 28,214 homes contracted for sale in Nassau and Suffolk counties in 2022, a nearly 21.5 percent drop from the 36,065 pending sales in 2021.

The meteoric rise in Long Island home prices that was propelled by the pandemic-fueled buying frenzy has come back down to earth. The median price of closed home sales in Nassau last month was $652,500, down from $668,000 the previous month and the lowest median price since last March.

In Suffolk, the median price of closed home sales in December held steady at $545,000, the same as the previous month, and the lowest median price since April’s median of $540,000.

While prices have been sliding back, they remain higher than a year ago, if only barely. Nassau’s median price of closed home sales last month was just 1.2 percent higher than the $645,000 median recorded in Dec. 2021. Suffolk’s median price of closed home sales last month was 3.8 percent higher than the $525,000 median recorded in Dec. 2021.

While current mortgage rates are averaging about 6.5 percent for a 30-year fixed loan and nearly double what they were a year ago, they haven’t caused big drops in home prices because of the still-low inventory of homes for sale here.

There were 5,154 homes listed for sale with OneKey MLS—2,374 in Nassau and 2,780 in Suffolk—as of Thursday, which is down 14.4 percent from the 6,025 homes that were listed for sale at the end of November. But the current inventory is also 17.3 percent higher than the 4,394 homes that were listed for sale at the end of Dec. 2021.

In 2023, we expect a more normally paced market without the buying frenzy prompted by the pandemic and rock-bottom mortgage rates of the previous two years,” Deirdre O’Connell, CEO of Daniel Gale Sotheby’s International Realty, said when asked about her outlook for the coming year. “With many homeowners locked into very low-rate mortgages, many are not in a rush to move, which is adding to the limited number of available homes on the market.”

Musk posts video of himself strolling into Twitter HQ – Business News

Tom Krisher And Matt O’brien, The Associated Press – | Stories: 392791

Elon Musk posted video Wednesday showing him strolling into Twitter headquarters ahead of a Friday deadline to close his $44 billion deal to buy the company.

Musk also changed his Twitter profile to refer to himself as “Chief Twit” and his location as Twitter headquarters, which is based in San Francisco. The video showed him carrying a sink through a lobby area.

“Entering Twitter HQ – let that sink in!” he tweeted.

A court has given Musk until Friday to close his April agreement to acquire the company after he earlier tried to back out of the deal. Neither Musk nor Twitter has said if the deal is closed yet.

Despite Musk’s splashy entry to headquarters, it wasn’t clear yet whether his purchase of Twitter had been finalized. Twitter confirmed that Musk’s video tweet was real but wouldn’t comment further. Alex Spiro, Musk’s lead lawyer, didn’t immediately return a request for comment.

The Washington Post reported last week that Musk told prospective investors that he plans to cut three quarters of Twitter’s 7,500 workers when he becomes owner of the company. The newspapers cited documents and unnamed sources familiar with the deliberation.

One of Musk’s biggest obstacles to closing the deal was keeping in place the financing pledged roughly six months ago.

A group of banks, including Morgan Stanley and Bank of America, signed earlier this year to loan $12.5 billion of the money Musk needed to buy Twitter and take it private. Solid contracts with Musk bound the banks to the financing, although changes in the economy and debt markets since April have likely made the terms less attractive. Musk even said his investment group would be buying Twitter for more than it’s worth.

Less clear is what’s happening with the billions of dollars pledged to Musk by investors who would get ownership stakes in Twitter. Musk’s original slate of equity partners included an array of partners ranging from the billionaire’s tech world friends with like-minded ideas about Twitter’s future, such as Oracle co-founder Larry Ellison, to funds controlled by Middle Eastern royalty.

The more equity investors kick in for the deal, the less Musk has to pay on his own. Most of his wealth is tied up in shares of Tesla, the electric car company that he runs. Since April, he has sold more than $15 billion worth of Tesla stock, presumably to pay his share. More sales could be coming.

Musk’s flirtation with buying Twitter appeared to begin in late March. That’s when Twitter said he contacted members of its board — including co-founder Jack Dorsey — and told them he was buying up shares and was interested in either joining the board, taking Twitter private or starting a competitor.

Then, on April 4, he revealed in a regulatory filing that he had become the company’s largest shareholder after acquiring a 9% stake worth about $3 billion.

At first, Twitter offered Musk a seat on its board. But six days later, CEO Parag Agrawal tweeted that Musk would not be joining the board after all. His bid to buy the company quickly followed.

When Musk agreed to buy Twitter, he inserted a “420” marijuana reference into his price of $54.20 per share. He sold roughly $15 billion worth of shares in Tesla to help fund the purchase, then pulled together commitments for billions more from a diverse group of investors including Silicon Valley heavy hitters like Oracle co-founder Larry Ellison.

Inside Twitter, Musk’s offer was met with confusion and falling morale, especially after Musk publicly criticized one of Twitter’s top lawyers involved in content-moderation decisions.

In July, Musk abruptly reversed course, announcing that he was abandoning his bid to buy Twitter. His stated reason: Twitter had not been straightforward about its problem with fake accounts he dubbed “spam bots.” Twitter sued Musk in the Delaware Chancery Court to force the deal through. Two weeks before a 5-day trial was scheduled to begin, Musk changed his mind again, saying that he wanted to complete the deal after all.

I am Not Rich – Do I Want an Property Plan?

Sure, an property plan protects a lot greater than wealth.

Many consumers assume they don’t want a full property plan, as a result of they don’t seem to be rich. Whereas we might advise using completely different authorized paperwork or tailor-made plans, virtually everybody can profit from a well-drafted property plan.

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Over one-half of the adults in the US shouldn’t have any property planning paperwork.

That is problematic, not just for the person’s household, but additionally for their very own needs within the occasion they develop into incapacitated.

Property planning isn’t just about cash. It permits people to plan for his or her future.

Property planning assist people create essential monetary powers of legal professional and medical powers of legal professional. These are each important paperwork within the occasion of incapacitation.

Monetary powers of legal professional permit people to nominate somebody to make their monetary and property selections on their behalf, ought to they be unable to deal with their very own affairs.

A medical energy of legal professional designates a person to make medical selections in your behalf, within the occasion you can’t communicate for your self.

Drafting these paperwork while you’re wholesome means that you can decide individuals who would act in your finest curiosity. Appointing one particular person additionally protects your loved ones members from potential disputes, within the occasion they disagree in your medical care.

Property planning additionally permits a possibility to memorialize your needs for finish of life care.

A well-drafted property plan additionally protects the property that you simply do have, comparable to a house, insurance coverage insurance policies, or a checking account.

You may as well create a private property memorandum to cross sure private gadgets to family members.

We assist our purchasers decide the property plan that works finest for them, given their property, considerations, and pursuits.

Contact us right now that will help you get the correct paperwork in place or to replace your present property plan. We are going to plan in order that you do not have to fret about your future.

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