This document discusses contracts and employment agreements. It begins by defining what a contract is, noting that it is an agreement between two or more parties that contains mutual promises and can be oral or written. It then discusses different types of contracts like employment contracts. Several sections provide advice on important elements of contracts like compensation, benefits, work conditions, insurance, and non-compete agreements. Throughout, it emphasizes reading and understanding any contract that is signed and notes that compensation is often the top reason for contract disputes.
Finding a Cure for your Collections - Bays Medical SocietyRob Jackson
This is a short presentation to the Bays Medical Society in Panama City Florida about improving collection of patient and insurance accounts in a private medical practice.
Finding a Cure for your Collections - Bays Medical SocietyRob Jackson
This is a short presentation to the Bays Medical Society in Panama City Florida about improving collection of patient and insurance accounts in a private medical practice.
Putting Your Best Foot Forward on LinkedInRalph Hatem
LinkedIn has been growing at a tremendous rate ever since its launch. It is the world's largest professional network. You are using the right tool, but are you using it right?
Tips for Successful Job Interviews - Lunch and Learn 2014Ralph Hatem
Learn how to best prepare for a successful job interview. This great presentation by Andrea Barton will take you through details steps, tips, and tricks to become the successful candidates.
In this file, you can ref interview tips uk with interview questions & answers, other interview tips uk materials such as: interview thank you letters, types of interview questions
In this file, you can ref internal interview tips with interview questions & answers, other internal interview tips materials such as: interview thank you letters, types of interview questions
Tips for Successful Job Interviewing: Interview QuestionsRalph Hatem
Interview questions: This slide deck highlights some of the different types of interview questions you might be asked as a candidate, and how to respond accordingly.
In this file, you can ref exit interview tips with interview questions & answers, other exit interview tips materials such as: interview thank you letters, types of interview questions
Tips for Successful Job Interviewing: PreparationRalph Hatem
Preparation: The following presentation outlines what to expect from the interview, and how to put your best foot forward through research, revision, and rehearsal.
HR & EMPLOYMENT LAW COMPLIANCE GUIDE for AZ 501-c-3 organizationsHRHelp
By threshold numbers of employees, learn the employment laws with which your religious organization must comply, the compliance requirements, the notice & poster requirements, and the recordkeeping & documentation requirements.
In this presentation, Chris Mercer of Mercer Capital discusses how to effectively structure buy-sell agreements. Topics addressed include triggering events, fixed price buy-sell agreements, formula price buy-sell agreements, and valuation process buy-sell agreements. Also discussed are the six defining elements that must be present in every valuation process agreement, including a focus on the use of life insurance proceeds.
2014 CreditScape, Western Region Credit Conference Seminar Slide Deck, sponsored by Credit Management Association. More information: www.creditmanagementassociation.org
This talk describes the representations and warranties clauses in a typical business purchase contract, the clauses limiting time in which such clauses may be enforceable, the dollar limits on same, and other non-contract ways to enforce your deals, such as reps and warranties insurance, fraudulent transfer litigation, arbitration, and suits against negligent deal intermediaries
Negotiating American Master Supply Contracts: A Guide for European Exporters Eliot Norman
What are the 10 traps for European companies selling to U.S. OEM and other buyers using American Supply Contracts? indemnification, liquidated damages, consequential damages, force majeure, termination for convenience, ownership of intellectual property
Putting Your Best Foot Forward on LinkedInRalph Hatem
LinkedIn has been growing at a tremendous rate ever since its launch. It is the world's largest professional network. You are using the right tool, but are you using it right?
Tips for Successful Job Interviews - Lunch and Learn 2014Ralph Hatem
Learn how to best prepare for a successful job interview. This great presentation by Andrea Barton will take you through details steps, tips, and tricks to become the successful candidates.
In this file, you can ref interview tips uk with interview questions & answers, other interview tips uk materials such as: interview thank you letters, types of interview questions
In this file, you can ref internal interview tips with interview questions & answers, other internal interview tips materials such as: interview thank you letters, types of interview questions
Tips for Successful Job Interviewing: Interview QuestionsRalph Hatem
Interview questions: This slide deck highlights some of the different types of interview questions you might be asked as a candidate, and how to respond accordingly.
In this file, you can ref exit interview tips with interview questions & answers, other exit interview tips materials such as: interview thank you letters, types of interview questions
Tips for Successful Job Interviewing: PreparationRalph Hatem
Preparation: The following presentation outlines what to expect from the interview, and how to put your best foot forward through research, revision, and rehearsal.
HR & EMPLOYMENT LAW COMPLIANCE GUIDE for AZ 501-c-3 organizationsHRHelp
By threshold numbers of employees, learn the employment laws with which your religious organization must comply, the compliance requirements, the notice & poster requirements, and the recordkeeping & documentation requirements.
In this presentation, Chris Mercer of Mercer Capital discusses how to effectively structure buy-sell agreements. Topics addressed include triggering events, fixed price buy-sell agreements, formula price buy-sell agreements, and valuation process buy-sell agreements. Also discussed are the six defining elements that must be present in every valuation process agreement, including a focus on the use of life insurance proceeds.
2014 CreditScape, Western Region Credit Conference Seminar Slide Deck, sponsored by Credit Management Association. More information: www.creditmanagementassociation.org
This talk describes the representations and warranties clauses in a typical business purchase contract, the clauses limiting time in which such clauses may be enforceable, the dollar limits on same, and other non-contract ways to enforce your deals, such as reps and warranties insurance, fraudulent transfer litigation, arbitration, and suits against negligent deal intermediaries
Negotiating American Master Supply Contracts: A Guide for European Exporters Eliot Norman
What are the 10 traps for European companies selling to U.S. OEM and other buyers using American Supply Contracts? indemnification, liquidated damages, consequential damages, force majeure, termination for convenience, ownership of intellectual property
Let's Shake On It - Contracts in MR by Joe Durkee, Esq. NorthWest MRA
Portland attorney Joe Durkee offers advice on how to read standard business contracts. He discusses a number of clauses common to vendor service agreements and offered counsel on how to approach them.
Why You Can Never Stop Practicing Law for More Than a Few Weeks Once You Star...BCG Attorney Search
In this webinar with Harrison Barnes, you will learn:
Why taking an extended break can have serious implications for your legal career.
How law firms view extended leaves of absence.
Which factors law firms will use to evaluate whether to hire you when you try to return to the practice of law.
https://www.bcgsearch.com/candidate_login.php
In this special series the Russell Shaw Group shares with us their Short Sale Package. This extensive document will give you a great start to building your own package.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
7. Contract is an Agreement . . .
Between Two (or more) persons
Contains Mutual promises
Can be Oral or in writing
No “magic” (with few exceptions)
HSMcLaw.com
8. HSMcLaw.com
• Oral Contract, typically “At Will”
• Personal Service Agreements
• Independent Contractor
• Employment
Types of Contracts
9. No. 1 Rule of Contracting
THERE IS NO SUCH THING AS
A STANDARD CONTRACT!
HSMcLaw.com
10. No. 1 Rule of Contracting
Everything is Negotiable
HSMcLaw.com
11. No. 1 Rule of Contracting
Read and Understand Your Contract!
Courts will assume terms negotiated
Parol Evidence Rule - Will exclude prior statements
HSMcLaw.com
12. Anatomy of a Contract
• Head
• Includes Title, identifies parties
• Recitals (Background)
• Purpose or reason for contract
• Background facts
• Not critical, but can be important
HSMcLaw.com
13. Anatomy of a Contract
• Body
• “Meat” of Contract
• Promises, Performance Obligations
• Duties, Rights and Conditions
• Closing
• Signatures
• Something acknowledging an agreement
HSMcLaw.com
14. Typical Areas of Concern
• Compensation and Benefits
• Working Conditions (Duties, Shifts, Call?)
• Term and Termination
• Insurance and Risk Management
• Growth Opportunities
• Non-Competes
HSMcLaw.com
15. Compensation & Benefits
Most Common Methods
1. Salary
2. Production Based
3. Mix of the Two
Bonus, Guarantee, Per Patient, % of Collections, etc ..
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17. Compensation & Benefits
Top Three Reasons For Contract Disputes
1. Compensation
2. Compensation
3.
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18. Compensation & Benefits
Top Three Reasons For Contract Disputes
1. Compensation
2. Compensation
3. Compensation
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19. Compensation & Benefits
If you want to avoid contract disputes
be Happy with
or at Least Understand the Compensation
“How to Avoid Contract Lawsuit 101”
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20. Other Important Terms
Work Conditions:
• make sure they will work for you
• life style issues
• realize your position
• negotiable - good place for give and take
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21. Other Important Terms
Term and Termination:
• Recommend as short as it has to be
• Minimum period for comfort
• No Cause termination (60-120 day)
• Avoids prolonged and painful goodbyes
• Cannot possibly anticipate all reasons to end
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22. Other Important Terms
Insurance and Risk Management:
• Claims Made Coverage
• Covers only claims made while policy in effect
• “Tail” coverage - both parties should plan for it
• Occurrence Coverage
• Covers claims occurring during policy period
• Less common, more $$$$
• If have it, enjoy it
HSMcLaw.com
23. Growth Opportunities
Make Sure Contract Has Some.
If you talk about it, put it in writing
Common Reason for splits
Failed expectations on either side
Talk about price if buy out, or how to get there
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24. Non-Competes
Highly Contentious in Florida
Still Valid, despite what you may have heard
Roller Coaster History
Settled down somewhat
HSMcLaw.com
25. Non-Competes
Extremely fact and “fairness” based
Advice:
• Be as Nice as you can (very hard to do)
• Do Not Solict
• Courts will typically balance interests
• No Magic bullets
HSMcLaw.com
26. Non-Compete Pop Quiz
Actual court cases in Florida
“Compete” or “No Compete”
Remember extremely fact and “fairness” based
Results are unpredictable
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27. Non-Compete Pop Quiz
• Non-Compete in employment contract
• Second term, EE left, worked for competitor
• EE claimed full bonus not paid by $100K
• asked to verify financial records – refused
• continued to work for months before leaving
HSMcLaw.com
28. Non-Compete Pop Quiz
• Practice recruited EE
• 2 year, county-wide restriction
• Resigned based on onerous call (claimed
breach)
• Opened new practice in county
• Saw 49 former patients w/i first 2 months
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29. Non-Compete Pop Quiz
• 2 year, 50 mile non-compete in contract
• EE worked in Gainesville, but went to Jax,
within 50 miles
• No proof that EE saw any former patient
• ER argued prospective patient base affected
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30. Non-Compete Pop Quiz
• 2 year non-compete in contract of practice recruit
• Recruit quit, set up office one block away
• Saw former patients, but did not directly solicit
• Conflicting testimony about affect on old practice
• Billings dropped by $50K month
• But former office manager testified practice on vacation &
snowbirds going home
HSMcLaw.com
31. Non-Compete Pop Quiz
• EE recruited from PA to FL for private practice
• 2 year, 10 mile covenant; EE in 2nd term
• EE Quit, opened new practice 4 miles away
• 40% of new patients, former practice patients
HSMcLaw.com
32. Non-Compete Pop Quiz
• Practice recruited EE (specialty)
• 2 year, 15 mile restriction
• Quit, opened new practice w/i 15 miles
• Did not see any former patients
• In fact, refused to see (turned away) former patients
• Took out ad in paper announcing new practice, but that he
would not see any former patient
• Counter – drop in patients & referrals
HSMcLaw.com
33. Non-Compete Pop Quiz
• EE recruited to multi-office private practice
• 2 year, within 5 mile of office covenant
• EE worked in one office, quit to compete 75 miles
away from home office, but within 5 miles of another
practice office (the Keys)
• Practice offered to sell him the office, but EE turned
down
HSMcLaw.com