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Aretha Franklin’s Wills Dispute – Rickard & Associates

If you have been following the news, you may have seen that there is a dispute regarding Aretha Franklin’s estate plan. Her sons are in court fighting over her estate and multiple wills.

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Aretha Franklin died in 2018, and because she did not have a trust, she wills went through probate court where they are being disputed by her sons.

A Will from 2014 and two Wills from 2010 were found in Ms. Franklin’s home by her niece, following her death. The Wills were not the same and led to a dispute among her family as to which Will should be followed by the probate court.

Both of the 2010 Wills were found in a locked cabinet, however, the 2014 Will was found in a spiral notebook under couch cushions. The 2014 will be difficult to decipher and has words scratched out.

Her sons have been in and out of court fighting over the wills since her passing.

While Ms. Franklin attempted to create an estate plan, lamentably did not go as planned.

How can you avoid lengthy and costly probate disputes for your family?

  1. Work with an estate planning lawyer. If you seek professional help, they can help you get the correct documents in place, make sure they are legal and are in keeping with your wishes.
  2. Use the correct documents. If Ms. Franklin had utilized a trust, instead of a will, she may have been able to avoid painful legal disputes between her family. Her assets would also have had more protection from the legal expenses associated with probate court, the time and delays associated with probate court, and the publicity.
  3. Update your documents regularly and properly. We help our clients update their documents regularly to make sure they are correct. This needs to be done in a certain manner, to ensure there is no later dispute as to which document should be followed.

Proper estate planning can prevent your loved ones from costly and lengthy disputes.

It can also help prevent rifts in your family.

We help our clients put the correct documents in place, and update their documents. We also help our clients put tailored and effective language in place to protect their wishes.

Let us know if you have questions as to what type of estate plan is right for you or your loved ones.

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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BuzzFeed News to be shuttered in corporate cost cutting move – Business News

Pulitzer Prize winning digital media outlet BuzzFeed News is being shut down as part of a cost-cutting drive by its corporate parent that’s shedding about 15% of its entire staff, adding to layoffs made earlier this year.

In a memo sent to staff, Buzzfeed Inc. co-founder and CEO Jonah Peretti said Thursday that in addition to the news division, layoffs would take place in its business, content, tech and administrative teams. BuzzFeed is also considering making job cuts in international markets.

BuzzFeed has about 1,200 total employees, according to a recent regulatory filing, meaning about 180 people will be losing their jobs in the latest cuts.

Peretti said in his memo that he “made the decision to overinvest” in the news division, but failed to recognize early enough that the financial support needed to sustain operations was not there.

Digital advertising has plummeted this year, cutting into the profitability of major tech companies from Google to Facebook. Waves of layoffs have rolled through the tech industry and more are expected.

“I’ve learned from these mistakes, and the team moving forward has learned from them as well,” Peretti wrote in the memo. “We know that the changes and improvements we are making today are necessary steps to building a better future.”

The announcement comes just a few months after BuzzFeed said that it would be cutting 12% of its workforce, citing worsening economic conditions. Job cuts at were also announced in December.

Christian Baesler, the Buzzfeed Inc.’s chief operating officer, and Edgar Hernandez, its chief revenue officer, are also leaving after they assist with the restructuring.

The company will have one remaining news brand, HuffPost, Peretti wrote.

Journalists who previously worked at BuzzFeed News lamented its end.

“I’m heartsick about it, and proud of the great journalism we did when I was there and after I left,” said Ben Smith, BuzzFeed News’ editor from 2011 to 2020 and now editor in chief of Semafor.

Smith made the controversial decision in 2017 to publish a “dossier” of information about then-President Donald Trump, though many outlets avoided it as unreliable and even Buzzfeed said there were serious reasons to doubt the allegations. He wrote then that “we have always erred on the side of publishing.

BuzzFeed News’ shutdown “really marks the end of the marriage between news and social media,” said Smith, author of “Traffic,” a forthcoming history of that era.

BuzzFeed News won its first Pulitzer in 2021, in international reporting, for a series by Megha Rajagopalan, Alison Killing and Christo Buschek on the infrastructure built by the Chinese government for the mass detention of Muslims.

That same year, BuzzFeed News and the International Consortium of Journalists were finalists in that category for an expose on the global banking industry’s role in money laundering. A former US Treasury Department employee was sentenced to six months in prison this month for leaking the trove of confidential financial reports served on the basis of the series.

BuzzFeed said Thursday that all of the news division’s work will be preserved and available within the BuzzFeed network. The company is also working to ensure that any stories currently in progress will be published and promoted on the BuzzFeed property.

How Do I Update My Compliance Risk Assessment?

Compliance Risk Assessments are critically important in healthcare practices. When used correctly, they can save entities from fines, problems and consequences.

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While almost everyone is familiar with a HIPAA Risk Assessment, many practices have not completed a full Compliance Risk Assessment.

A Compliance Risk Assessment is a process for healthcare entities to determine what risks exist, evaluate potential risks and focus resources to address the most significant risks.

Compliance Risk Assessments help to find blind spots, show your employees that you care about their concerns and are proactive, and reduce potential government fines and penalties. They could even help prevent a whistleblower suit.

Healthcare entities should prioritize these risk assessments, as they are now expected by the government. The Department of Justice (“DOJ”) has shared its belief that periodic risk assessments are the starting point of a well-designed compliance program.

Compliance plans must be updated regularly and regularly. Your staff should be aware of and engaged with your compliance program.

So how do you perform or update your Compliance Risk Assessment?

Work with your healthcare attorney to:

  • identify risks;
  • Assess risks for potential likelihood and impact;
  • Create a work plan which will likely include:
    • audits,
    • monitoring,
    • education,
    • updates to policies and procedures, and
    • implementation of any necessary technology measures; and
  • Continue monitoring compliance and compliance risks.

It is essential that your compliance plan is well-used, familiar to all staffand involve your entire office.

If a government official were to come to your practice, would all of your employees be able to comprehensively discuss your compliance plan?

If not, or if you need help with your compliance, billing, or audits, contact Rickard & Associates today!

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Mon. Ted Cruz’s Telling Call With Fox Business Host Caught On Newly Released Tape

In a November 2020 call between Sen. Ted Cruz and Fox Business host Maria Bartiromo, the Texas Republican said Donald Trump’s allies needed “actual evidence” to support the then-president’s election fraud claims if they wanted their challenges to hold up in court.

“They can’t just be, you know, ‘Somebody tweeted that.’ There’s got to be demonstrable facts that can be laid out with evidence because that’s what a court of law is going to look to ― not just an allegation but actual facts,” he said in a recording of the Nov. 7, 2020, call obtained by MSNBC.

Cruz added that he was “hopeful” that Trump’s personal lawyer Rudy Giuliani, who led the legal push to overturn the 2020 presidential results, “comes on the show tomorrow and he has some of those facts,” and he added, “I hope the the legal team continues to lay out the specific evidence because that’s what it’s going to take to prevail in court.”

Even though no such evidence was produced, Cruz went on to lead an effort to block the certification of President Joe Biden’s win, pushing Trump’s lie that the election had been rife with fraud.

The recording was taken by a former Fox News producer who is singing the network. Abby Grossberg, who worked as a producer for Bartiromo and Tucker Carlson, has accused the network of harassment and alleged it pressured her into giving misleading testimony as part of the $1.6 billion Dominion Voting Systems defamation lawsuit.

Recordings she made of off-air conversations between Fox hosts and their guests, as well as her testimony in the case, reportedly helped spur the network to reach its $787.5 million settlement deal with Dominion. Fox News has denied that account.

Dominion sued Fox News over its coverage of the 2020 election, accusing it of amplifying damaging and false claims that the voting technology company was part of a conspiracy to rig the vote against Trump.

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Fast Retailing, Trading Houses Lift Japan’s Nikkei to 33-Year High

TOKYO (Reuters) – Japan’s Nikkei index extended its climb to a near 33-year high on Tuesday, with trading houses and Uniqlo operator Fast Retailing leading the gains on technical support for heavyweight shares ahead of the fixing of special quotation prices.

The Nikkei recovered from early losses to close nearly 1% higher at 32,506.78. The index ended at its highest level since July 1990.

The broader Topix rose 0.74% to 2,236.28.

Ahead of the June 9 setting of special quotation prices used to set values ​​on index options and futures, “stocks with a large contribution to the index were speculatively bought, supporting the market,” said Takashi Nakamura, a senior strategist at Tokai Tokyo Research Institute .

Shares of Fast Retailing climbed 1.73%, contributing the most to the Nikkei’s advance, while trading company Mitsui & Co jumped 3.86%.

Mizuho Financial Group slipped 0.49%, leading the losses among lenders on reports the US regulators may have tougher capital requirements following recent bank failures. Advantest slid 2.18% after chip-related peers declined in US trading.

The Nikkei has surged 15% in the past three months, outpacing major global indexes. A technical indicator, known as the 14-day relative strength index (RSI), for the gauge stood at 79, above the 70-mark indicating an overheated market.

“The last few days feel like generally broader buying compared to the last couple of weeks of May,” said Mio Kato, the founder of LightStream Research. “Maybe investors are more familiar with are Japan rotating a little out of the AI ​​theme, for example, to get broader exposure.”

Trading houses and mining companies led to gains among the 33 industry sub-indexes on the Tokyo Stock Exchange, rising 2.5%. Banks led losses, sagging 0.78%.

Nitto Denko, a maker of protective films that supplies Apple, climbed 0.9% after the iPhone maker unveiled a costly new augmented-reality headset.

(Reporting by Rocky Swift and Nobuyo Saito in Tokyo; Editing by Rashmi Aich and Sherry Jacob-Phillips)

Copyright 2023 Thomson Reuters.

Coca-Cola entering the fresh fruit category?

REEDLEY, CALIF. — The Coca-Cola Co. has entered into a licensing agreement with Frutura, a supplier of fresh produce, to put two of its brands on fresh citrus. The agreement involves Coca-Cola’s Simply and Minute Maid brands.

The Minute Maid brand will appear on fresh grapes in the United States and fresh citrus and grapes in Japan. The Simply brand, under Simply Select, will appear on fresh citrus in the United States. The products will be distributed by Dayka & Hackett, a subsidiary of Frutura.

“Our company is committed to serving the consumer with superior products at every part of their day,” said Kayla Carlucci, associate licensing manager with The Coca-Cola Co., Atlanta. “When we consider licensing one of our brands, the quality of the product that will bear our name is paramount as is the quality control the licensee exercises at every step along the supply chain. We’re delighted to be in business with Frutura and consider this to be the start of a great relationship.”

Products featuring the Minute Maid and Simply Select branding will begin reaching retailers during the second quarter of the year, according to Frutura.

“Partnering with the iconic Coca-Cola Co., and their globally recognized and respected brands, is a transformative moment for our company and for Frutura,” said Tim Dayka, chief executive officer of Dayka & Hackett. “This will allow us to increase our market penetration in a meaningful way, as these brands resonate so strongly with the discriminating consumer.”

How Do I Get Out of My Non-Compete?

How Do I Get Out of My Non-Compete?

In healthcare, there has been a large expansion in non-compete clauses. Many of our clients would like to find a way out of their non-compete clause when looking to leave their current employment.

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The first way to avoid breaching a non-compete clause is to have your attorney negotiate a contract without a non-compete clause before beginning your employment.

Sometimes, non-compete clauses are unavoidable. So what can you do in that situation?

  1. Make sure you understand the language of your non-compete. Are there any exceptions? Were any hospitals carved out or possibly an exception was made for entering into private practice? If you are looking to waive a non-compete, first have a healthcare attorney carefully review the provision for possible exceptions. You can also attempt to provide services that are not included in the language of the non-compete.
  2. Propose an amendment waiving the clause. We often work with clients who entered into non-compete agreements to help them see if they can enter into an amendment waiving their non-compete. Sometimes this is as simple as having a discussion with your employer and preparing a short amendment to your contract. However, sometimes complicated negotiations take place to come to an agreed compromise.
  3. Litigate the clause. This would be an extreme course of action, however, we have litigated non-compete clauses for our clients. While we don’t typically recommend litigation, there are exceptions to every rule. Litigation is costly and there is no way to know if the non-compete clause will be deemed reasonable or not. If it is reasonable, you will have spent time and money on a court case and still have to abide by the non-compete clause. However, if your clause is truly unreasonable and prevents you from earning a livelihood, it is worth discussing litigation with your attorney. Sometimes you will be forced to litigate if your employer sues you for breaching the non-compete, if they believe you are in breach.
  4. Work outside of the clause. While this may not be what you want to hear, sometimes it is essential to work outside the geographical limitations during the restricted time period. Once that time is up, you can start working in the area that was previously restricted.

Some of our clients ask us if they can simply risk it and ignore the non-compete provision. This is a very risky strategy, as the employer might sue them to breach and start a costly court battle. There might also be other clauses that this would trigger in the contract, such as indemnification.

Whatever the case, all non-competes are different and we always recommend meeting with an experienced attorney prior to agreeing to a non-compete or trying to work around a non-compete.

If you need help with your healthcare contract, 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.

The post How Do I Get Out of My Non-Compete? appeared first on Rickard & Associates.

Can Your Practice Afford a Data Breach?

Probably not.

A recent study found that the total average cost of a healthcare breach is $10.10 million.

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Can your healthcare practice afford a breach? Most healthcare entities cannot.

Since 2020, healthcare breach costs have risen by 42%.

As we know healthcare breaches are incessant, it is important to understand trends.

The trends that have emerged over the past few years are:

  1. Repeat attacks. Many healthcare entities have seen repeat attacks. Organizations with automated security systems were able to shorten the breach lifecycle and mitigate the damage caused by the breach.
  2. Consistent causes. The most common cause of data breaches were stolen credentials. Ransomware also continues to plague healthcare entities, with ransomware increasing by 41% in the last year.
  3. Consistent place. The most common place for data breaches to occur is in the cloud.

While data breaches can be threatening, there are also good trends that have emerged over the past few years. These include:

  1. Automated security shortens breach lifecycles. When possible, make sure that your updates are automated and all security patches are up to date. Having sufficient security measures in place is your first line of defense for a cyber attack or breach.
  2. Shorter breach lifecycles mean lower costs. The quicker your practice is being able to audit the damage and get up and running after a breach, the less money the breach will cost.
  3. Having appropriate policies and procedures with well-trained employees leads to shorter lifecycles. When your staff knows how to handle a breach, they can act quickly and mitigate the damage caused by the breach. This is essential when trying to get your practice back online and keep your patients’ protected health information unaffected.

So how can you protect your practice?

  1. Work with your healthcare attorney to ensure that your HIPAA risk assessment is up to date and your security measures are sufficient.
  2. Test your breach readiness plan often.
  3. Make sure your policies and procedures clearly detail how to proceed in the event of a breach.
  4. Train your employees. We help our clients train their employees to know what to look for and what steps to take to respond to a breach right away.

If you have questions or need help with your healthcare breach readiness and response or HIPAA risk assessment, contact Rickard & Associates today.

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We publish vital information on health law topics and news every Wednesday and Friday. To get this important information delivered directly to your mailbox, subscribe today!

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.