Category Archive for: "Transition Issues"

Category: Transition Issues

Restrictive Covenants in Employment or Independent Contractor Agreements: An Owner/Employer’s Perspective

What Are Restrictive Covenants and Why Do They Matter For Dental Practices? The success of any dental practice can be measured, at least in part, by its ability to create and maintain patient relationships. Unfortunately for practice owners, such patient relationships do not ordinarily arise between a patient and the practice itself, but rather the […]

Categories: Associate Agreements, Restrictive Covenants, Transition Issues

The Importance of an Operating Agreement

A limited liability company (“LLC”) is formed by filing a short document usually known as a “certificate of organization” or “certificate of formation” (or something similar). After the LLC is formed it is highly advisable that the members of the LLC enter into an operating agreement which provides a clear set of rules by which […]

Categories: Limited Liability Companies, Operating Agreements, Pennsylvania Law, Transition Issues

Non-Disturbance Clauses in Leases

When you choose a location for your future dental office, you’ll also be picking your future landlord, at least initially. Over time, your landlord may change. A possible case involving a change of landlord is in the case of foreclosure. This happens when the landlord’s lender takes over the lease after the landlord failed to […]

Categories: Letters of Intent, Office Leases, Real Estate, Transition Issues

Curb the Competition: Dental Use Exclusivity (Leases)

Your dental practice is a valuable asset and protecting it from competition to the extent possible is crucial. Another dentist opening a competing office next door or down the way can quickly undercut your future business and all that you’ve invested in establishing a successful practice. A competing dentist may capture would-be patients or steal […]

Categories: Dental Use Exclusivity, Letters of Intent, Office Leases, Real Estate, Transition Issues

On the Hook: Personal Guaranties

When it’s time to enter into a lease for your dental office space, your practice entity (rather than you, individually) will likely be the tenant under the lease which helps to protect you and your personal assets from the many potential liabilities that your dental practice may have as a tenant. However, this puts your […]

Categories: Letters of Intent, Office Leases, Real Estate, Transition Issues

Looking Forward: Lease Assignment

When you’re thinking about building up your dental practice, it pays off to anticipate and plan for events that will likely happen far in the future. And, when it comes to your lease, an important future event to plan for is the “assignment” of your lease in connection with the transition of your practice. Assignment is […]

Categories: Letters of Intent, Office Leases, Real Estate, Transition Issues