November 2009
HOW DO YOU CHOOSE A "GOOD" LAWYER?
 
You choose a lawyer the same way you choose a doctor, financial advisor or veterinarian: word of mouth, word of mouth, word of mouth-or as fashionable people say:  through networking.  So ask your colleagues, acquaintances, relatives and friends.  Don't forget your accountant and, if you're a generalist, talk to the specialists and critical care veterinarians to whom you refer cases.
If you're "networking challenged," then you will need to fall back on the internet, or even the paper yellow pages.  Your state or local bar association can also help.  As with other advisors, your main selection variables when choosing a lawyer are: competence, price, and whether you feel comfortable with that person.  But it's also critical to find an attorney with expertise in the area(s) you need. 
(read entire article)

RED FLAGS RULE DELAYED AGAIN
 
By now, most of us know the "Red Flags" Rule is a law, issued by the Federal Trade Commission (FTC) under the Fair and Accurate Credit Transactions Act (FACTA), to strengthen protection against identity theft.  Originally scheduled to go into effect on November 1, 2008, and subsequently delayed twice, the Red Flags Rule requires certain businesses and organizations - including many doctors' offices, hospitals, and other health care providers - to develop a written program to spot the warning signs - or "red flags" - of identity theft.  As such, any veterinary practice that receives payment after services are provided, even if it's collected in full after the animal is discharged from the hospital, is considered a "creditor" under the law.  On the other hand, requiring payment before or at the time of service, or simply accepting credit cards as a form of payment at the time of service, does not make you a creditor under the rule. (read entire article)
 
At the request of Members of Congress, the Federal Trade Commission is, once again, delaying enforcement of the "Red Flags" Rule until June 1, 2010, for financial institutions and creditors subject to enforcement by the FTC. 
Q & A:
 
Q:  Should veterinary employees who have signed contracts with their employers, sign a new contract each year if the terms are very similar to the prior contract?  
 
A:   No, an addendum should suffice.  To have employees sign multiple contracts can create confusion, especially since subsequent contracts typically fail to clearly stipulate that the new contract supersedes the prior contract.   When confusion is created, this leaves room for litigators to make an argument in favor of what makes sense for their clients.  The goal of having contracts is not only to have an enforceable document, but one that can be enforced with predictability and confidence.  Thus, clarity becomes key.



"KUDOS" LaRussa 
 
Many of us who follow baseball know Tony La Russa as the manager of the 2006 world champion St. Louis Cardinals.  By doing so, he became only the second manager in Major League Baseball historyto win World Series championships in both National and American Leagues.  He is also third on the all-time wins list for managers.  But there is so much more to the man than his accomplishments between the lines. 
 
During a baseball game in May 1990 between the Oakland Athletics and the New York Yankees, a stray cat wandered onto the playing field.  Terrified by the roar of the crowd, the frightened feline dashed about, eluding umpires and players.  Tony, then the Manager of the Oakland A's, coaxed the cat into the dugout, secured its safety for the remainder of the game, then took responsibility for placing it with a local shelter.  However, to his dismay, Tony discovered there was not a single No-Kill facility in the East Bay region of the San Francisco Bay Area.  When Tony learned the cat would be euthanized, he and his wife, Elaine, named her "Evie" and found a home for her.  His experience with this cat was the genesis for the founding of ARF, the animal rescue fund organization dedicated to bringing people and animals together to enrich each other's lives.   (click here to visit ARF website)


Veterinary Business Advisors
Countryside Plaza North
Bldg E, Ste. 1403
361 Route 31
Flemington, NJ 08822
Phone (908) 782-4426
www.veterinarybusinessadvisors.com
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