Management Services Organization

Regulatory compliance is nothing new in business, but industries such as dental, medical, and veterinary can be faced with especially challenging issues. Each state has different regulatory requirements, and it’s easy for nuances to be missed, often resulting in a problematic and expensive issue. Additionally federal regulations may apply. When faced with an issue regarding the corporate practice of medicine, tailoring a contract, a board complaint, an attorney general complaint, or a lawsuit, it’s important to have an experienced legal team who knows the landscape.

With attorneys that are focused exclusively in dental, medical and veterinary industries, we carry a deep knowledge of the regulatory landscape that governs each industry. Our attorneys are poised to help you understand the law and how to avoid potential future problems. We are fully immersed in the regulatory environment in all 50 states, as well as in Canada, Puerto Rico, and Mexico.

Building a strong reputation takes a lot of time and effort and can be achieved in a variety of ways. Yet it only takes one instance for that reputation to be jeopardized.

It’s important to have a team with the knowledge and foresight that will work with you to protect your brand. Our clients have confidence knowing they can draw from some of the industry’s most knowledgeable attorneys to assist them in:

Intellectual Property

IP litigation and prosecution matters including patent, trademark, and copyright infringement; unfair competition and theft of trade secret litigation; securing trademarks and patents with the USPTO and securing copyrights with the Copyright Office; IP due diligence matters including validity and non-infringement opinions, advice on designing around patents, and negotiating IP rights and licenses.

Trademark and Copyright

Clearing new marks and logos; registering trademarks with the USPTO and state registers; copyrighting proprietary information on practice development; protecting trademarks, trade dress and domain names through applicable legal proceedings; filing trademark and copyright infringement lawsuits; and trademark opposition and cancellation actions to protect company brands.

State Dental, Veterinary, and Medical Board Complaints

Responding to state board actions and traditional litigation disputes regarding allegations of the corporate practice of medicine, fee splitting, and related violations.

We advise practitioners and practice groups in the dental, veterinary, and medical industries on consumer-finance compliance, provide guidance regarding proposed finance-partner contracts and practices, review finance-related marketing materials, and prepare payment-plan documentation.

When you are looking to purchase, sell, or simply reorganize your practice, one of the most important considerations you should think about in your planning is the tax consequences. No one wants to be surprised by unforeseen financial responsibilities, especially taxes, so it’s always best to consult a tax attorney who truly knows your industry to help determine the tax implications.

Our clients know that we are poised to help them not just understand the law, but how to avoid potential problems down the road. We have a deep understanding of the complex web of federal and state and local tax laws and how they impact a business in the medical space, whether it’s a private practice or a Management Services Organization.

We provide guidance on tax issues related to executive compensation arrangements, including designing and advising on the implementation of executive, equity and deferred compensation programs. We help clients with figuring tax implications on things such as asset vs. equity, taking or giving rollover equity, how to deal with S corporation as a seller, and more.

Why select Dykema for your employment matters? We have bench strength. Our labor and employment team of attorneys understand the needs and concerns of Management Services Organizations of all sizes, and we can navigate and comply with complex laws and meet specific employment-related objectives.

We are experienced litigators, but we also have extensive experience as mediators to help you find creative solutions to your employment disputes. Our team counsels practitioners, practice groups, and Management Services Organizations in the following areas:

• Employee benefits
• Immigration issues
• Employee litigation and counseling
• Discrimination and sexual harassment claims and policies
• Non-competes, unfair competition, and trade secrets
• Proper employment classification
• Labor law advice for non-union employers
• OSHA and EEC investigations