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Remarriage and Estate Planning – Rickard & Associates

If you are getting remarried, it is essential to understand your spouse’s inheritance rights.

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Before you get married for a second or third time, you want to be aware of the rights your spouse will have to your estate and vice versa.

You may want to work with an attorney to draft a prenuptial agreement, prior to exchanging vows.

Then, you want to be familiar with the intestacy laws in your state. If you die without a written estate plan, the intestacy laws will control where your assets go.

We help our clients understand where their money will go, if they don’t have a written plan. We also help them look at various options and understand how their assets will be transferred depending on the option they choose.

In subsequent marriages, we often find that our clients have different concerns than in their first.

Sometimes, they are worried about providing for their children from a previous marriage, should something happen to them. Other times, they want their new spouse to have less rights to their assets.

We also have clients who want to make sure that their new spouse and their ex-spouse do not make financial or medical decisions on their behalf. They may prefer a close friend, sibling, or child who is the agent in their powers of attorney. We draft their medical and their financial powers of attorney to protect their wishes.

Whatever your goal is with estate planning, it is essential that you communicate this to your estate planning attorney.

Estate planning allows you to protect your loved ones and your assets. In second or third marriages, estate planning can protect your children and your wishes in the event of incapacity or death.

If you need help with your prenuptial agreement or estate plan, 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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Physician Contracting 101 – Rickard & Associates

Physician contracts are often complicated and have unique terms. We help our clients understand the terms and negotiate their contracts.

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Many of our clients are physicians who are negotiating or renegotiating their employment contracts with their employers. Sometimes these are with health systems, hospitals, or small physician offices.

We also have clients come to us with issues after they negotiated their own contracts.

Physician contracts are unique, as they have standard employment terms, healthcare terms, and a variety of terms from the employer related to the employer, the specialty, productivity and more.

When reviewing your physician contract, make sure that you fully understand the following:

  1. Termination provisions. How can your employer terminate your agreement and how much notice are you entitled to? 90 days? more? It is essential that you know how you can be terminated and what other provisions are then invoked. If you are terminated, does that trigger repayment or non-compete provisions? Make sure you fully understand all potential consequences of termination.
  2. Breach provisions. Some physician contracts spell out a variety of breach remedies that are in addition to the remedies under the law. We have seen some extreme remedies, such as specific performance and paying liquidated damages. It is essential that you know of any potential remedies that they have.
  3. Repayment provisions. Upon expiration or termination of the agreement, are you required to repay anything? Sometimes there are requirements to repay moving bonuses, signing bonuses, etc. This could be a large amount that is due very quickly. Make sure that you know and plan for any potential repayments.
  4. Non-compete provisions. We always caution physicians against entering into agreements with non-compete provisions. While this isn’t always possible, non-compete provisions can impact your ability to work in the future. You need to know what triggers a non-compete, if there is anything you can do to work around the non-compete, and how broad the non-compete is.
  5. Compensation provisions. Compensation is often the most important provision for our clients. However, these sections are often muddled and confusing. Sometimes contracts are even silent as to how compensation will be determined in future years of the contract. Other physician contracts have productivity based compensation, which can be concerning as it leaves a lot of discretion to the employer. We recommend getting a guaranteed compensation amount for as long as possible, depending on your circumstances.

And more.

We have seen a trend of physician contracts becoming more and more complex and burdensome on the physicians.

It is essential that you negotiate your contract fully before you start work and that you fully understand your agreement.

We recommend working with an experienced healthcare attorney so that you do not tarnish your relationship with the employer and so that you are made aware of any potential pitfalls.

If you need help reviewing or negotiating your physician agreement, 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.

Rogers, Shaw and Quebecor extend deadline to close merger deal, again

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The companies involved in the Rogers Communications Inc. the deal to buy Shaw Communications has extended the deadline to complete the transaction until the middle of February

Companies now say they hope to finalize massive telecom transactions by Feb 17th

Rogers is trying to buy Shaw in what would be, if it’s completed, the biggest merger in Canadian telecom history. (Evan Mitsui/CBC)

The companies involved in the Rogers Communications Inc. deal to buy Shaw Communications has extended the deadline to complete the transaction.

Rogers, Shaw, the Shaw Family Living Trust and Quebecor Inc. say they have extended the deadline to Feb. 17 from Tuesday.

If approved, the deal will see Rogers acquire Shaw, while Quebecor’s Videotron subsidiary will acquire Shaw’s Freedom Mobile wireless business.

The agreement is still awaiting approval by Industry Minister Francois-Philippe Champagne who must sign off on the transfer of wireless spectrum licenses from Shaw to Videotron.

The companies say they are continuing to work with the government to secure the final approval needed to close the transactions.

The deal cleared a key hurdle last week after the Federal Court of Appeal dismissed a Competition Bureau request to overturn approval of the agreement by the Competition Tribunal.

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Apple hikes Canadian prices for its Music and TV services

Apple Inc. says it’s raising the cost of its Apple Music and Apple TV Plus services in Canada.

The technology giant confirmed that prices for both services are going up in the range of $1 to $4 per month, depending on the services and the size of the package.

Apple Music’s base price for a single listener account will rise $1 to $10.99 per month, while access to the Apple TV Plus video streaming platform will jump $3 to $8.99 per month.

This is the first time Apple has hiked prices for its streaming services in Canada.

Passing on higher costs

The company says Apple Music’s price increase is tied to higher licensing costs for music.

The decision comes as many of the major streaming platforms look for ways to boost revenues amid inflation and the rising costs of film and TV production.

Similar price increases are being rolled out in other markets where Apple has a presence, including the United States.

Meanwhile, the price of Apple One, a bundled subscription package that adds Apple Arcade and iCloud storage, as well as news and fitness options, will go up in Canada by $3 or more.

Estate Planning Mistakes to Avoid in the New Year

As we come to the end of the year and are looking toward a new year, we recommend that our clients reevaluate their estate plans.

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Estate plans are incredibly important to protect future wishes, assets and families.

Often, we see the same mistakes repeated over and over in estate planning. Some of the most common estate planning mistakes are the following:

  1. Not having an estate plan. The biggest issue we see in estate planning is not having an estate plan at all. This can lead to family disputes, unfollowed wishes regarding your own healthcare or finances, and putting your assets at risk. Estate plans are not just for the wealthy. Estate plans are for everyone and should be a priority if you don’t have one.
  2. Not dealing with assets properly. Sometimes, we have clients come to us with outdated estate plans or estate plans that don’t adequately protect their assets. We help our clients draft personal property memorandums to best distribute tangible items. We also help clients structure their documents to best protect their other financial and digital assets that they may have.
  3. Not hiring an attorney. If you have thought about using online software to create your will or trust, you might want to rethink that idea. Online wills and trusts can lead to disaster. They might not be legally binding, they may not follow the updated state laws, and they will not be tailored to best protect your needs. Online wills can lead to long probate disputes and family feuds. Hire an estate planning attorney to make sure that you have a well-drafted estate plan that protects your individual interests and assets.
  4. Not planning for incapacity. Many people think that estate plans are only for rich people when they die. This is not true. Estate plans are useful tools to help everyone in the event of incapacity. What happens if you get into a car wreck or are stranded in another country and need someone to help out with your finances at home? It is essential that you have the correct Power of Attorney documents in place to protect your healthcare and financial wishes. No matter the amount of assets you have, you want to protect your future wishes regarding your healthcare and finances.
  5. Not updating your estate plan. Estate plans need to be updated as situations and laws change. Sometimes, you want to change the beneficiaries of your estate plan or the people you have chosen to be your trustee or power of attorney. You may also experience changes to your financial situation which will impact your documents. It is essential to review your estate plan and reevaluate it with your attorney.

Contact us today to create or update your tailored estate plan. We will help you to avoid the common estate planning mistakes and make sure that you, your family and your assets are best protected.

Happy New Year from Rickard & Associates!

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.

We publish vital information every Wednesday and Friday. To get this important information delivered directly to your mailbox,

Contact us today with all your legal needs!

Competitors Bureau has ‘considerations’ with WestJet’s plan to take over Sunwing

The federal Competitors Bureau has raised important considerations about WestJet Airways Ltd.’s proposed acquisition of Sunwing Holidays and Sunwing Airways, saying the deal will doubtless end in greater costs and decreased service for Canadians.

In a report delivered to Canada’s transport minister on Wednesday, the regulator mentioned eliminating the rivalry between the 2 corporations is more likely to end in a considerable lessening or prevention of competitors within the sale of trip packages to Canadians.

“The proposed transaction will end in certainly one of Canada’s largest built-in tour operators being acquired by certainly one of its major rivals within the provision of trip packages,” the report acknowledged.

“General, WestJet and Sunwing account for about 37 per cent of continuous capability between Canada and solar locations and 72 per cent of continuous capability between Western Canada and solar locations.”

WestJet introduced a plan in March to purchase Sunwing, a transfer that may bolster its vacation tour enterprise. Monetary phrases of the settlement, which might see Sunwing’s shareholders develop into fairness holders within the WestJet Group, weren’t disclosed.

Monopoly on 16 routes

In its report, the Competitors Bureau famous {that a} merger of the 2 carriers would create a monopoly on 16 routes between Canada and Mexico or the Caribbean, and would reduce or stop competitors for the supply of trip packages on 31 whole routes between Canada and Mexico or the Caribbean.

However in an emailed assertion Wednesday, Sunwing spokeswoman Melanie Anne Filipp mentioned the routes recognized as considerations are predominantly in Western Canada and account for a really small portion of Sunwing’s operations — simply over 10 per cent of all seats — and are primarily seasonal routes.

“Additionally of notice, Sunwing not operates six of the routes talked about within the report,” Filipp mentioned. “We stay assured that this transaction is nice information for Canadians.”

In a information launch, WestJet mentioned the proposed Sunwing transaction is a central piece of the Calgary-based airline’s dedication to prioritize leisure and solar journey from coast to coast and improve inexpensive air and trip package deal choices for all Canadians.

Transport Canada can also be conducting a public curiosity overview of the proposed transaction. The ultimate determination concerning the deal will probably be made by cupboard, based mostly on a advice from the minister.

Closing determination not till December

WestJet mentioned that call will contemplate further components, together with WestJet’s promised preservation of Sunwing’s model, its dedication to take care of Sunwing’s Toronto and Montreal workplaces, new flying that will probably be created by retaining Sunwing’s plane in Canada year-round and the ensuing new employment alternatives.

“We thank the Competitors Bureau and welcome their report,” WestJet government vice-president Angela Avery mentioned within the launch. “We look ahead to bringing this transaction to life for the good thing about Canadian vacationers, communities and staff.”

The businesses have mentioned they count on the transaction to shut by spring 2023, pending remaining regulatory and authorities approvals.

Robert Kokonis, president of Toronto-based consultancy AirTrav Inc., mentioned he wasn’t shocked that the Competitors Bureau flagged points with the proposed Sunwing-WestJet deal.

“You knew earlier than this entire course of began that in fact WestJet is the dominant participant in Western Canada and Sunwing is the most important package deal trip firm within the nation, and the 2 collectively could be a extra dominant pressure within the West,” Kokonis mentioned.

“However I might desire to see the federal government selling competitors in different methods. For instance, creating the proper regulatory atmosphere for the creation of latest carriers,” he mentioned.

Kokonis mentioned there’s nothing stopping one other provider from beginning service on any of the routes that had been flagged by the regulator for lack of competitors.

He added the proposed acquisition of Sunwing is a significant a part of WestJet’s plan to refocus its enterprise in Western Canada, and mentioned the deal will create a big variety of jobs within the West since it’s going to flip seasonally operated plane into year-round jets. Presently, Sunwing meets seasonal demand by leasing the majority of its fleet by means of the winter.

“The Competitors Bureau’s place right here is probably going going to be perceived as a swipe at Western Canada by the central powers in Ontario and Quebec,” Kokonis mentioned.

Netflix subscribers what number of October 2022 and Q3

Netflix added 2.4 million new subscribers in its most up-to-date quarter, topping expectations that it might add 1 million. The addition was seen as a reassuring signal for traders and comparable platforms that client curiosity in video streaming stays wholesome.

The corporate had reported shedding subscribers within the first two quarters of the 12 months, the primary subscriber losses in its historical past, although in the latest quarter it reported a decrease loss than what was initially forecast.

However the firm stated Tuesday that it continues to be worthwhile on an annual foundation in contrast with its rivals, whose losses it estimated at “nicely over $10 billion.” It additionally stated it instructions 7.6% of TV time, which it estimated as 2.6-times greater than Amazon and 1.4-times greater than Disney and Hulu.

“After a difficult first half, we consider we’re on a path to reaccelerate progress,” the corporate stated in its earnings launch Tuesday. “The secret is pleasing members. It is why we have at all times targeted on profitable the competitors for viewing daily. When our sequence and flicks excite our members, they inform their buddies, after which extra individuals watch, be part of and stick with us.”

The corporate stated it added probably the most subscribers in its Asia and Pacific area, with 1.4 million new paid memberships, in contrast with 100,000 within the US and Canada.

Netflix subscribers what number of October 2022 and Q3

Netflix is ​​coming off 1 / 4 that noticed the true-crime story “Monster: The Jeffrey Dahmer Story” rack up some 701 million hours seen, making it the platform’s second-biggest sequence ever after “Stranger Issues” and forward of the interval drama ” Bridgeton.” However it additionally noticed the controversial Marilyn Monroe biopic “Blonde” fall brief in its debut, regardless of a heavy promotional push.

The Wall Road Journal reported that the corporate’s inside metrics had begun exhibiting customers coming to the platform much less typically. That prompted co-chief govt Reed Hastings to push his employees to enhance go to frequency, the paper stated.

In a bid to spice up its consumer progress, the corporate introduced final week a brand new $6.99 a month ad-supported streaming tier would launch in November. In a observe criticizing the corporate forward of Tuesday’s earnings report, analysts on the Lightshed Companions analysis agency referred to as Netflix’s strategy to profitable advert {dollars} “primitive” and stated the corporate ought to make clear whether or not it’s making an attempt to compete with conventional broadcast tv, versus digital advert income giants Google and Fb.

In a separate observe launched final week, UBS analysts famous it might take a while for the brand new ad-supported tier to scale. It stated the truth that just one consumer at a time will be capable of stream content material may finally restrict the plan’s attractiveness in contrast with Netflix’s hottest, $15.49 a month commonplace bundle, which helps two customers streaming on the similar time.

Wedbush Securities analyst Michael Pachter expressed a extra favorable view of the brand new advert tier, writing in a observe final week that it might possible restrict the variety of cancellations the corporate sees. In response to a Wedbush survey of Netflix customers, he stated, individuals most definitely to decide into the ad-supported tier are those that would have in any other case give up the platform.

Netflix shares have gained greater than 8% since asserting the brand new plan final Thursday.

Netflix has additionally foreshadowed a crackdown on password sharing, with plans to launch a paid household providing subsequent 12 months. Netflix estimates 100 million households worldwide are utilizing shared passwords — 30 million of them in North America. The corporate has stated the unauthorized sharing makes it more durable to develop and keep subscriber ranges. On Monday, it launched a “Profile Switch” characteristic designed to let customers who could also be sharing a subscription decide into new a Netflix membership.

Firm shares are down 60% 12 months up to now amid a broader decline in tech shares.