Usually a subset of Business Law, Commercial Transactions usually involves by way of example the negotiation of contracts, equipment lease agreements and commercial real estate lease agreements. Once you decide to open your new business, you will need to purchase equipment, sometime utilizing installment payments, and purchase of disposable goods. The Firm will be there to guide you every step along the way to avoid the pitfalls of entering into an agreement that has so many penalties for termination that you feel you are in a conundrum. Our proactive approach helps you to avoid being bound to a "bad" contract in the first place or draft provisions to allow you terminate a contract that is just not working out for you without the other party taking advantage of you.
We provide advice to clients as to the formation of an appropriate type of business entity that meets the specific needs of the client. Once the form of entity is determined the firm will work with you to develop and file documents whether it is a certificate of formation for a limited liability company and the preparation of an operating agreement as between the members or a corporation with articles of organization, the bylaws and shareholder agreements. We have over thirty years of experience working for and with for-profit as well as non-profit entities. We Successfully represented a party with an ultimate showing of "no liability" in an Internal Revenue Service Trust Fund Recovery Penalty Case having a potential liability for the party in excess of $5 mil.
Healthcare and Hospital Law
In today's regulatory oversight environment, healthcare providers, whether they are representing solo practice physicians or multi-hospital healthcare systems, need to view each transaction as if they were playing "3-D Chess" as there may be interactions and implications between laws such as "Stark", Medicare and Medicaid Antikickback Statute and anti-trust laws. Our goal is to treat our client"s objectives in a similar manner as doctors treating patients using preventative medicine model. This preventive approach helps to avoid problems with Commercial insurance company investigators to the United States Department of Health and Human Services, Office of the Inspector General, The Office of the United State Attorney, The Food and Drug Administration, and State Regulatory Agencies such as the Professional Licensing Boards, and more specifically in New Jersey the Department of Health and Senior Services, the Department of Community Affairs. Our Firm can assist you in obtaining a license to provide healthcare services and products , become an accredited provider of healthcare services and/or assist you in the purchase or the sale of part or all of a healthcare business.
WhistleBlower ("Qui-Tam") Actions - As representative examples, the Firm (a) settled a $123 mil Federal False Claims Act "Whistle Blower" (or Qui Tam) suit for $2.5 mil, and (b) represented a Client with a showing of no wrongdoing in a federal probe by the joint United State Senate and House of Representatives Investigation of "Grey Market Pharmaceuticals" Senate Committee on Commerce, Science and Transportation.
Complex Corporate Restructuring,
Merger, and Acquisition and Bankruptcy
The financial burdens being placed on healthcare providers has made it extremely difficult for healthcare providers to succeed. The Firm has experience in evaluating with its clients a multitude of alternatives that range from selling your business to the alternative of acquiring another business to diversify by expanding its presence through either or both a horizontal integration model or a vertical integration model. Moreover there are opportunities to acquire businesses that are distressed through a bankruptcy process under Sections 363 and 365 of the United States Bankruptcy Code.