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Family Law Brief: Marriage of Facter

Marriage of Facter

 

California appellate courts continue to clarify ambiguities in the law regarding premarital agreements. Earlier last month,  in the matter of Marriage of Facter, the First District reversed a trial court decision which invalidated an entire premarital agreement solely because certain sections of the Agreement were not enforceable.  The Court essentially said the trial court must sever and enforce those provisions that are enforceable. The Court did uphold the trial court’s invalidation of a spousal support waiver where the Court found from the evidence it would have been unconscionable to do so.

To read the article, please click here.

To contact Daniel R. Gold, please click here: Contact

 

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What Can Your Business Expect in Healthcare?

Tredway Lumsdaine & Doyle LLP’s partner, Matthew L. Kinley contributed to an article on BusinessTips.com. Here is a excerpt of the article:

“The recent news is full of information and updates about healthcare, but is lacking in specifics about the requirements businesses must meet under the new laws. Here are some specific details about changes in healthcare employers should know in the New Year:

1. In 2013, the Medicare Insurance Tax will increase from 2.9 percent to 3.8 percent on employees compensated more than $200,000 ($250,000 for joint filers). The Net Investment Income Tax will increase and create a new higher threshold for itemized deductions on medical expense deductions.

2. In 2013, The Affordable Care Act will require employers to report the cost of coverage under an employer-sponsored group health plan for 2012.

3. There are limited credits and deductions under the new law. Employers with 25 employees or less, that pay average annual wages below $50,000 and provide health insurance, may qualify for a small business tax credit (up to a maximum of 35 percent or 25 percent for non-profits. This will increase to 50 percent and 35 percent, respectively, in 2014) to offset the cost of insurance. Under the healthcare law, employer-based plans that provide health insurance to retirees ages 55-64 can now receive financial assistance through the Early Retiree Reinsurance Program.

4. In 2014, a penalty for individuals who do not have minimum health insurance (individual mandate) will go into effect.

5. Starting in 2014, employers with 50 or more full-time employees (defined as an average of 30 hours per week) must provide health insurance. Failure to provide the right policy will result in penalties to the business of $3,000 per employee not insured. Employers with less than 50 employees will be exempt.

6. In 2014, the Affordable Insurance Exchanges will begin. These are Internet-based products meant to provide employers with alternatives to private health insurance, serving only small employers (less than 100 employees), first. Individuals can shop for insurance at the Exchange. Employees can opt to purchase insurance at the Exchange instead of employer-provided insurance, at a cost to the employer. Employers must give notice to their employees about the availability of the Exchanges…”

To read the rest of this article, please click here.

To contact Mr. Kinley, please call (562) 901-3050 or click here.

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SEMINAR: 2013 Legal Changes & Trends – A Better Business in 90 Minutes

From changes and additions to discrimination laws, privacy issues related to social media, and new wage and hour requirements, every business in California needs to be prepared.  The 2013 Legal Changes & Trends seminar will provide you with the latest on new legislation and case law that will impact your business in 2013.

Presented by:

Thursday, February 7, 2013
7:30 am Breakfast Buffet & Networking
8:00 am – 10:00 am Program
Holiday Inn Long Beach Airport Hotel & Conference Center
2640 North Lakewood Boulevard
Long Beach, CA 90815

For further information or to register, please click here.

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EVENT: 1st Annual Employer HR Summit CA Employment Law & Health Care Reform

Presented and Sponsored by:

  • Matthew L. Kinley, partner at Tredway Lumsdaine & Doyle LLP
  • Shannon M. Jenkins, partner at Tredway Lumsdaine & Doyle LLP
  • Audrianne Adams Lee, president at HR NETwork, Inc.

2013 Workplace Compliance – New Laws and Trends

A wave of new employment legislation, case law developments, and other employment law trends stand to significantly impact the California workplace in 2013. With many of these new laws taking effect on January 1, 2013 employers with California operations must take prompt action to ensure compliance and to mitigate workplace law risk. We will discuss the critical changes in law, the impact of the new regulations, and recommendations for employers.

Topics covered will include:

    • Legislative developments
    • Trends and significant decisions in California employment law
    • Cases to watch for 2013

Health Care Reform – Begins!

In this portion of the seminar, we will respond to these and many other questions you have surrounding Health Care Reform:

  • “Are my current benefits offerings adequate to avoid the Pay or Play penalties?”
  • “How will California’s Health Benefit Exchange work?”
  • “Will any of these changes help to lower the cost of insurance?”
  • “How do I stay in compliance?”
  • “How do I explain these changes to my employees?”
  • “What are my reporting requirements under Health Care Reform?”

Panel Speakers

  • Tyler Dunigan, Barney & Barney
  • Health Care Industry Expert

For more information, please click here.

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Lorman Seminar: “Rules of Trust Administration in California”

Stay up-to-date on the recent court decisions impacting trust administration by attending the “Rules of Trust Administration in California” presented by Lorman Education Services.  At this seminar, you will learn ways to juggle trust complexities, recognize the different levels of trust intricacy depending on the type and value of the assets involved, valuable techniques to improve trust function for everyone involved, as well as manage important legal, tax and family issues.

Wednesday, January 30, 2013
8:30 a.m. – 4:30 p.m. (Registration at 8:00 a.m.)
Holiday Inn Long Beach Airport Hotel & Conference Center
2640 North Lakewood Boulevard
Long Beach, CA 90815

Moderator: Monica Goel, Partner – Tredway Lumsdaine & Doyle LLP

Speakers:

  • Mark C. Doyle,  Partner – Tredway Lumsdaine & Doyle LLP
  • Monica Goel, Partner – Tredway Lumsdaine & Doyle LLP
  • Stephen C. Minana, Senior Vice President -First American Trust
  • Paul D. Velasco, Founder – Velasco Law Group, APC

Benefits for you

  • Expertly handle clients’ problems and concerns
  • Navigate the relationship between taxation and trusts
  • Keep pace with recent legal trends affecting trusts
  • Avoid harmful mistakes in trust administration

Continuing Education Credit

  • CPE 8.0
  • CA MCLE 6.50/Ethics 1.00
  • Bankers 7.50
  • CFP 8.0
  • Enrolled Agents 8.0
  • CAC 1.0
  • CA INS (pending)
  • CBC 1.0
  • CPE 8.0

To view the flyer of the seminar for cost and other information, please click here.

To register, please click here: www.lorman.com/ID390526.

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Physicians Guidelines for Employment in Large Institutions

Tredway Lumsdaine & Doyle LLP’s partner, Matthew L. Kinley posted a new blog on www.CaliforniaHealthcareLaw.com regarding “Physicians Guideline for Employment in Large Institutions”.  Here is part of the excerpt:

“In this press release, the American Medical Association (AMA) adopts guidelines for physicians considering employment with large institutions. AMA Guidelines are available here.

In addition to the ethical issues described, California has strict legal requirements for physicians considering a job and leaving their private practices such as:

  1. Informing clients of the move
  2. How to handle medical records
  3. How to handle accounts receivables
  4. What insurance to carry…”

To read the rest of the article, please click here.

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Primary Care Physicians Needed

Below is an excerpt from Tredway Lumsdaine & Doyle LLP’s heathcare blog:

“When reviewing the various new regulations concerning the Accountable Care Act and particularly Accountable Care Organizations, it is clear that the Primary Care Physician will be at the center of doctoring over the next several years. While there already is a shortage of good primary doctors, the shortage is about to get worse.

Here’s an article from Medscape Today:

ACA Will Require 3% More Primary Care Physicians by 2025

Robert Lowes

Nov 12, 2012

The Affordable Care Act (ACA), experts predict, will only deepen a shortage of primary care physicians brought on by a growing — and aging — population.

But to what extent? A new studyin the Annals of Family Medicine offers a hard number. It will take an extra 8000 primary care physicians in 2025 just to treat patients who obtain insurance coverage under the law, according to lead author Stephen Petterson, PhD, and coauthors.

In all, they write, the nation will need 52,000 more primary care physicians in 2025 than it has now, a figure resembling estimates in other recent studies. Before Congress enacted the ACA in 2010, the Association of American Medical Colleges had forecast a shortfall of 46,000 primary care physicians by 2025.

In the Annals of Family Medicine study, sheer population growth accounts for 33,000 of the 52,000 extra physicians needed in 2025, according to Dr. Petterson, the research director of the Robert Graham Center for Policy Studies in Family Medicine and Primary Care, affiliated with the American Academy of Family Physicians, and colleagues. Another 10,000 physicians of the total reflect the higher level of services used by baby boomers on the rolls of Medicare.

The ACA will extend insurance to roughly 30 million more Americans through 2019. The 8000 primary care physicians required by this expansion represent a 3% increase of the current workforce.

As a baseline for their projection, Dr. Petterson and co authors used the 246,090 primary care physicians who were engaged in direct patient care in 2010 as reported by the American Medical Association. They whittled down that number to almost 209,000 after excluding physicians who were retired, working as hospitalists, or working in emergency departments and urgent-care centers…”

To read the rest of this article, please visit our blog www.CaliforniaHealthcareLaw.com by clicking here.

 

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Negotiating Contracts with ACO’s

Tredway Lumsdaine & Doyle LLP partner, Matthew L. Kinley, blogged about “Negotiating Contracts with ACO’s” on www.CaliforniaHealthcareLaw.com.   Here is an excerpt:

There are several types of Accountable Care Organizations that a physician may be asked to sign a contract with, including the Medicare Shared Saving Program ACO, Pioneer ACO, and private insurance providers.

All ACO’s have certain attributes in common, including risk participation and assessment, patient participation, integrated care, evidence based care, utilization of non physician professionals (physician assistants, nursing assistants, etc.) data analysis and use of technology for improving communications and care.

As a physician entering into any contract, but particularly a contract for an ACO, you should make sure you understand the contract. In most cases, if it’s not in the contract, it doesn’t exist. If you are promised some benefit from an ACO plan, like help with achieving meaningful use (technology), make sure it’s spelled out in the contract.

Here are some other things you should review In the contract:

1. Risk Participation: Shared Savings is a concept that has not been completely defined. Providers should understand how the billing works, and how the shared savings works. Some plans have penalties for physicians who do not meet benchmarks. This is an important part of the contract. Your payment should be clearly spelled out.

2. Exclusivity: Most plans require primary care physicians (including internists, general practitioners, family doctors, and geriatric doctors)to be exclusive with the ACO. Specialist can usually contract with several. Again, this should be clearly designated.

3. Corrective Action: What corrective action will take place if a physician does not meet benchmarks?

4. Benefits Provided: ACO’s need to provide infrastructure to help achieve cost savings. These include integrated care, behavior counseling, nurse phone availability, and improved technology. These benefits should be spelled out in the contract…

To read more, please click here.

To contact Matthew L. Kinley, please click here.

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TLD’s Rick Quinlivan Successfully Defends Product Liability Case

Tredway Lumsdaine & Doyle LLP attorney, Patrick C. Quinlivan (“Rick”) is featured in The Voice of the Defense Bar.  Here is part of an excerpt from the article:

“DRI member Patrick “Rick” Quinlivan of Tredway, Lumsdaine & Doyle LLP in Irvine, California, successfully defended a product liability case in Los Angeles after two weeks of trial when a 12-person jury returned a unanimous verdict in favor of his client on July 27, 2012.  The case involved a 50-year-old male who had suffered amputation injuries to his left hand in an incident that occurred on October 14, 2004.  The alleged defective product involved was a recoiler that was sold as part of a coil slitting line by the defendant in 1973.  It was alleged that the incident occurred as a result of the plaintiff’s hand being drawn into a separator disc on the recoiler when the tail of a coil began to unwind.

The plaintiff claimed that he suffered a tear of the left rotator cuff, in addition to injuries to his hand.  The plaintiff contended that the recoiler was defective in design, due to the lack of guarding, safety devices, and adequate warnings.  In addition, the plaintiff argued that the defendant should have retrofitted the equipment with safeguarding.

A coil slitting line is comprised of a series of machines designed to slit a coil of sheet metal into two or more narrower coils.  The incident allegedly occurred when the plaintiff was preparing to band a finished coil.  The tail of the coil closest to him began to uncoil.  He grabbed the tail to prevent it from unwinding and his gloved hand was pulled into the unguarded separator disc.  The expert for the plaintiff testified that the coil slitting line was defective in design because it did not have safeguarding that was technologically and economically feasible…”

To read the rest of the article, please click here.

To contact Patrick C. Quinlivan, please click here.

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Family Law Briefs: “Don’t Rubber Stamp a Court-Appointed Expert’s Opinion”

“Don’t Rubber Stamp a Court-Appointed Expert’s Opinion”

November 2012

This recent case highlights an egregious example in a custody dispute when a court-appointed expert exhibited obvious bias toward one party.  It is critical in any contested matter that one not just “rubber stamp” the opinions/recommendations of the court-appointed expert but instead analyze whether the expert has truly done their homework.  Many times such experts, to the contrary, may go out of their way not to be biased but instead “split the baby.”  That is not their job, and it’s the advocate’s job to advance their client’s best interest by challenging the recommendations either by cross-examination and/or calling a critiquing expert at the time of hearing.

To read the article, please click here.

To contact Daniel R. Gold, please click here.

 

 

 

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