News & Analysis as of

Management Agreements

Freiberger Haber LLP

Breach of Contract, The Covenant of Good Faith and Fair Dealing and Unjust Enrichment

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In Singh v. T-Mobile, 2024 N.Y. Slip Op. 05554 (2d Dept. Nov. 13, 2024) (here), the Appellate Division, Second Department affirmed the dismissal of an action for, among other things, breach of contract, breach of the covenant...more

Roetzel & Andress

Setting Up Your MSO/DSO Properly: Financial and Legal Guidance Is Essential

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In this episode of the #HealthLawHotSpot, host Ericka Adler welcomes Laura Goodman, Partner at FGMK, to explore the intricacies of setting up Management Services Organizations (MSOs) and Dental Service Organizations (DSOs)....more

Holland & Knight LLP

Friendly PC Model Survives in California After Envision Healthcare Litigation Settlement

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There will be no statewide ban on the "friendly physician model" directly coming out of the Envision Healthcare Corp. (Envision) lawsuit in California. In this lawsuit, American Academy of Emergency Medicine Physician Group...more

Nutter McClennen & Fish LLP

The Real Impact (Summer 2024)

Welcome to the inaugural edition of The Real Impact. In this edition, we discuss three strategic alternatives to consider for nonprofit integration and insights on the proposed regulations on donor advised funds. Guest author...more

Vicente LLP

Raising Capital for Maryland Social Equity Cannabis Businesses

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Congratulations to those who won a cannabis social equity license in the Maryland lottery! To take advantage of this exciting business endeavor, check out these suggested priority actions and read on for essential...more

ArentFox Schiff

Behind the Stage: The TTAB's “Non-Performing Band Member” Ruling on Disputed Ownership of SPLIT DECISION Trademark

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The world of music often sees as much drama in the courtroom as on the stage. One fight that frequently results in protracted, expensive, and bitter legal disputes is over ownership of a band or group name....more

Proskauer - Health Care Law Brief

The Corporate Transparency Act: Key Considerations for Health Systems and Practice Management Companies (MSOs/DSOs)

In 2021, Congress enacted the Corporate Transparency Act (the “CTA”) to “better enable critical national security, intelligence, and law enforcement efforts to counter money laundering, the financing of terrorism, and other...more

Goodwin

Cash Management in Hotel Financing

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The financing of hotels and resorts requires balancing the borrower’s need for flexibility to successfully operate the hotel against the lender’s desire to prevent cash leakage should conditions related to the borrower’s...more

Holland & Knight LLP

Federal Bankruptcy Court Stays Envision Healthcare Litigation in California

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Envision Healthcare Corp. and certain of its wholly owned subsidiaries (Envision) recently filed voluntary Chapter 11 petitions in the U.S. Bankruptcy Court for the Southern District of Texas (Bankruptcy Court). In re:...more

Roetzel & Andress

Medical Spa Start-Ups: What Providers Need to Know

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Are you thinking of starting a med spa practice or adding med spa services to your existing practice? Join host Ericka Adler and Roetzel attorney Christina Kuta on the #HealthLawHotSpot this week as they discuss starting a...more

Seward & Kissel LLP

DOL Proposes an Amendment to the QPAM Exemption

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On July 27, 2022 the U.S. Department of Labor (DOL) proposed significant modifications to Prohibited Transaction Class Exemption 84-14 (the QPAM Exemption). The DOL will accept written comments and requests for public...more

Rivkin Radler LLP

California Corporate Practice of Medicine Lawsuit Survives Motion to Dismiss

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On May 27, the U.S. District Court for the Northern District of California refused to dismiss a lawsuit brought against Envision Healthcare Corp. alleging violations of California’s corporate practice of medicine (CPOM)...more

Perkins Coie

Ninth Circuit Holds Terms of Management Agency Agreement Governing Non-Point Source Pollution on Federal Lands Supersedes Other...

Perkins Coie on

Forest Service livestock grazing permits do not run afoul of state water quality permitting requirements because the Management Agency Agreement (MAA) between the agency and the State Water Resources Control Board, which...more

Fox Rothschild LLP

North Carolina Dental Board Disciplines DSO-Affiliated Dentist for Failure to Adequately Supervise Practices

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The NC State Board of Dental Examiners (“Dental Board”) recently disciplined a dentist in March 2022 for failing to adequately supervise her practice locations in North Carolina. The dentist, who is licensed in North...more

Roetzel & Andress

Structuring DSO/MSO Healthcare Ventures and Practice Acquisitions

Roetzel & Andress on

Many states require medical, dental and other types of practices to be owned by licensed health care providers. However, certain business structures, including using a Management Service Organization (MSO) or Dental Service...more

Goodwin

Operational Real Estate — Managing Success

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The COVID-19 pandemic has disrupted many things but the appetite for investing in operational real estate in the UK is not one of them. In this article, we examine the ways in which investors can engage with...more

Holland & Knight LLP

Rethinking the Landlord/Tenant Relationship in Retail

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As a result of the COVID-19 pandemic, landlords/owners have frequently been forced to renegotiate leases with, or take back space from, restaurant, gym, movie theater and other retail tenants that have little to no credit and...more

King & Spalding

Federal Reserve Reinterprets Control

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The Federal Reserve Board (Board) has adopted a rule that is intended to provide more detailed, accessible and slightly more generous criteria and procedures for use in determining whether control exists within the meaning of...more

Goodwin

Key Takeaways for Investors From the Federal Reserve’s Final “Control” Rule

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On January 30, 2020, the Board of Governors of the Federal Reserve System (Federal Reserve) issued a final rule (Rule) that revises the Federal Reserve’s regulations related to determinations of whether a first company (an...more

A&O Shearman

District Of Nebraska Dismisses Putative Class Action Alleging State-Law Claims Against Brokerage Company As Precluded By SLUSA

A&O Shearman on

On November 15, 2019, Judge Robert F. Rossiter, Jr. of the United States District Court for the District of Nebraska dismissed a putative class action brought by investors who maintained investment accounts at a brokerage...more

Womble Bond Dickinson

Recent Court Decisions Clarify Rights and Status of Education Management Organizations Operating Charter Schools

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Court cases involving charter schools and education management organizations (“EMO”) have been rare in North Carolina. Two decisions issued this spring thus provide important insight into how courts will interpret management...more

Eversheds Sutherland (US) LLP

Hotel management and license agreements - major issues in dealing with US hotel brands

Global growth opportunities - In recent years, most of the major US-based hotel brands have sought growth opportunities abroad, particularly in emerging market locations. These opportunities may come in the form of...more

BakerHostetler

[Webinar] What You Need to Know Before Negotiating a Property Management Agreement - April 20th, 12:00pm EDT

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In commercial real estate, the property management agreement is one of the documents most critical to the long-term success of a project. Regardless of the property type – hotel, apartment complex, shopping center or office...more

Porter Hedges LLP

Business Litigation Alert: "Starting a New Business? Include These Five Provisions in Every Formation Agreement"

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The ultimate success of a business often rests on the ability of its owners to make sound decisions up front - an ounce of prevention, if you will - and avoid bigger problems that might arise later. This principle...more

Miles & Stockbridge P.C.

IRS Issues Additional Guidance on REIT Parking Facility Income

In the recently released Private Letter Ruling 201628020, the IRS considered a situation where affiliated entities owned various properties in an office park; the IRS determined that the entities’ income from leasing space in...more

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