JAW LAW
All Episodes
What’s In It For You?
Yes, when making a deal one of the first questions you need to ask yourself is this: How is this deal going to benefit me? The very next question should be: What’s in it for the other guy? In this episode, dental attorney Joseph McGregor illustrates the importance of...
Is The Timing Right For Your Practice Transaction?
In this episode, dental attorney Joseph McGregor dives into the critical importance of timing in practice transactions, and how timing can be the deciding factor between success and setbacks. Learn when the dates in the LOI matter, and when they do not.
Fuji Apples vs Granny Smith: Comparing DSO Associateships vs Private Practice
In this episode, dental attorney Joseph McGregor explores some of the commonalities and differences when comparing associate job opportunities with corporate and private dental offices.
Are Your Employees Loyal To You?
In this episode, dental lawyer Joseph McGregor explores the idea of employee loyalty in the context of a dental transition. How valuable are long-tenured employees, and when are they a liability?
How Attached Are These Referral Strings?
In this episode, dental attorney Joseph McGregor provides an updated perspective on dental professional referrals, when to trust the referral and when to be suspicious.
Are 50/50 Partnerships Really So Bad?
In this episode, dental attorney Joseph McGregor explains the pros and cons of 50/50 partnerships, and the reasons why they may or may not be for you.
Did The Non-Compete Ban Just Get Shut Down?
In this episode, Joseph McGregor updates us on a recent and groundbreaking ruling out of a Texas court that strikes down the Federal Trade Commission's elimination of non-competes...for now. Joseph explains what happened, the legal context surrounding it, and what...
Do You Have Business Insurance?
In this episode, dental lawyer Joseph McGregor explains the importance of the not-often-thought-of business insurance, the benefits of it, how it can protect your practice in case of disaster, and what most people get wrong when buying it.
Are Your Employees Loyal To You?
In this episode, dental lawyer Joseph McGregor explores the idea of employee loyalty in the context of a dental transition. How valuable are long-tenured employees, and when are they a liability?
Who Pays For What?
When transferring a practice, there are many fees that come up, and you need to know who is responsible for what. In this episode, dental lawyer Joseph McGregor explains which costs are usually covered by a dental practice seller, and which ones are covered by the...
Whatever Happened to that Non-compete Ban?
After the FTC banned Non Compete agreements, a lot of questions and concerns have come up, as well as a couple of court cases that have threatened the viability of the FTC’s rule. In this episode, dental lawyer Joseph McGregor answers the most asked questions and...
Are you doing your due diligence?
No two practices are the same, so doing your due diligence before buying a practice will look different in every practice acquisition. But how do you know what to do and what to look for? In this episode, dental lawyer Joseph McGregor breaks down what doing your...
What Are You Forgetting In Your Dental Employment Agreement?
Everyone knows the common elements to identify when getting into a dental employment agreement, but what aspects of the contract will impact you on the way out? In this episode, dental lawyer Joseph McGregor explains three of the most commonly overlooked items...
Will Selling to a DSO Solve All Your Problems?
In this episode, dental lawyer Joseph McGregor explains the pros and cons of selling your dental practice to a Dental Service Organization (DSO), and points out a few regrets and disappointments some sellers have had.
Who Do You Need In Your Dream Team?
When buying or starting a practice, everyone will tell you that you need a team. But who should be on that team? And is it necessary that they have experience in the dental field? And if so, how much experience is enough? In this episode, dental lawyer Joseph McGregor...
Did the Department of Labor just eliminate Independent Contractors?
In this episode, dental lawyer Joseph McGregor explains the Department of Labor's recently released new rules that define employees and independent contractors, and explores what impact, if any, this will have on dental practices and practitioners.
Should I put down a deposit?
When buying a practice, some deals request that you put down a deposit, and some do not. Some deposits are refundable, and others not. In this episode, dental lawyer Joseph McGregor explores the many roles deposits play in a dental practice acquisition, and when they...
Non-Compete Ban
BREAKING NEWS! The FTC has banned Non-Compete Agreements. Dental lawyer Joseph McGregor explains what this means and how it can affect the dental industry.
Lease Terminations
In this episode, dental lawyer Joseph McGregor explains the ins and outs of getting out of your lease early, why early termination clauses are not typically in leases, and what to do if you’re caught in a funky lease situation.
The 7 Unwritten Rules of Contract Law
Contracts are a crucial part of the dental industry, and are governed by layers of written laws built up over hundreds of years. There are, however, a handful of "unwritten rules" that are arguably just as important to understand if you're to avoid the most common...
What a Year!
It's been a year since you've heard from us! But, after a very busy year, we're back. In this episode dental lawyer Joseph McGregor recounts impressions from the past year, as well as outlines some future plans.
Restraining Orders
Every contract has some confusing legal mumbo jumbo. Almost uniformly dental contracts have an "injunctive relief" paragraph that typically fits this bill. In this short episode, dental lawyer Joseph McGregor explains what this concept is, and what it's doing in your...
Signatures
Sometimes it’s the simple things….In this episode, dental lawyer Joseph McGregor explains answers to a few common questions about signing legally binding documents.
Dental Employment Agreement Pet Peeves
In this episode, dental lawyer Joseph McGregor discusses some of his biggest pet peeves he sees employers put into dental employment contracts.
5 Questions
In this episode, dental lawyer Joseph McGregor addresses 5 questions that you must keep in mind when buying a dental practice.
Lease Renewals
In this episode, dental lawyer Joseph McGregor explains why you should take your lease renewal more seriously.
Liquidated Damages
In this episode, dental lawyer Joseph McGregor explains the impact that liquidated damages may have on your practice and how to understand them when you see them on a contract.
Deadlines
In this episode, dental lawyer Joseph McGregor goes over the types of deadlines that first-time practice buyers and first-time dentists may face, as well as how to handle them.
Delaware
In a follow-up to our recent Entities episode, dental lawyer Joseph McGregor explains why filing a Delaware corporation is rarely the right move.
Entities
In this episode, dental lawyer Joseph McGregor explains the ins and outs of having, forming, and maintaining a corporate entity. And, as a bonus, he explains when and if you need a lawyer to help with it.
Jumpstart My Heart
Jumpstart practices: great opportunity or a bundle of risk? The answer may be both, and in this episode dental lawyer Joseph McGregor explains why.
No More Noncompetes?
On January 5th, 2023, the FTC announced the proposal to eliminate non-compete agreements. In this episode, dental lawyer Joseph McGregor explains what non-compete agreements are and what the impact of the recent FTC announcement has on practice owners and employees.
2022 In Review
As the year 2022 comes to an end, dental lawyer Joseph McGregor lists some important trends he has noticed throughout the year that dentists will want to keep in mind as we move into 2023.
Closings
In this episode, dental attorney Joseph McGregor helps you understand what a closing is, and offers a few fashion pointers on what to wear to your next closing.
Roofs
In one of our more esoteric episodes, dental lawyer Joseph McGregor explains the importance of being aware of the roof section on a dental space lease, and more particularly, the quirk in the lease that requires you to use a landlord's contractor when you puncture the...
Staff Longevity
A long-tenured staff is almost uniformly framed as a positive in dental practice transitions, but is it? In this episode, dental lawyer Joseph McGregor explores some exceptions to the rule.
Payroll Leadership
Good workers are hard to find (and keep), but there are certain mindsets that make it even harder. In this episode, dental lawyer Joseph McGregor identifies one of the more unhelpful mindsets when thinking about staffers.
Overlooked
Everyone has a list of key terms they're seeking in an employment contract, but what are those terms you will wish you had considered, but won't until it's too late? In this episode, dental lawyer Joseph McGregor discusses some of the most overlooked topics in dental...
Bad Blood
Most employees don't stick around forever, so it's always a surprise when dental employers lose their cool when an employee departs. In this episode, dental lawyer Joseph McGregor discuss the business and legal aspects of bad reactions to departing employees. Check...
Give And Take
What can make a deal fall apart? Is it money? Legal terms? In this episode, dental lawyer Joseph McGregor will talk about the role effective communication plays in the success or failure of a practice negotiation.
Are Restrictive Covenants Enforceable?
If you want to save yourself some time on the most frequently asked question, the answer is “probably.” But, if you want to learn a little more about the when, how, why, and the sometimes why not, then tune in to this episode.
Good Fit
When buying a practice, what do we mean by saying the seller and the buyer are a “good fit?” In this episode, we explore some intangibles to consider when buying a practice, including some slightly controversial topics.
Good Will
What is Goodwill, and why do some people make such a huge fuss over it when buying or selling a dental practice? In this episode we define goodwill, lightly touch on its tax implications, and explore why it’s one of the most misunderstood aspects of the dental...
Excess Consideration
Ever wonder what hidden provisions lurk inside your lease, waiting to bite when you least expect it? An increasingly common problematic provision is “excess consideration,” where a landlord may obligate you to hand over whatever you make from the sale of your...
Title Policies
If you ever buy commercial property, this niche episode is for you. In this one we dive into the nooks and crannies of title insurance, and discuss why this may be an underrated aspect of the real estate purchase process.
Do I Have Unreasonable Expectations?
Everyone wants to negotiate the best contract possible. But how can you tell if your demands are reasonable? Are you simply being “aggressive” or have you crossed the line into “unrealistic” and “difficult?” In this episode Joe discusses a few simple metrics you can...
Handshake
Whatever happened to the “handshake deal?” Is that still a thing? And if so, is it enough? In this episode we discuss when a handshake deal might be fine, and why usually it is not.
Assignments
One of the most disruptive aspects of a practice transition is the assignment of the lease. Not adequately preparing for it can kill a deal. In this episode we explain what an assignment is, what the assignment process looks like, and what pitfalls to avoid.
Bad Reviews
A lot of thought leaders have great things to say about how to handle bad, abusive, or fake online reviews (they really do), but what does the law say that your options are? In this episode Joe explains the legal battlefield around what people can or cannot say about...
Parole
Remember when your job was recruiting you and your boss promised how much you’d make, or how they wouldn’t schedule you on Fridays? What if that, or anything else they promised, doesn’t make it into your contract? Does the fact that it was in an email make it more...
Solicitation
What does the “solicitation” in your non-solicitation actually mean? That you cannot call former patients? Or treat them at all? What if they find you? We explore these questions, and more, in today’s episode.
Right of First Refusal
Does a Right of First Refusal mean what you think it means? What is the difference between that and a right of first offer, or a purchase option? In this episode, we explore which of these concepts is best to have, and how hard they might be to get.
Indemnification
Do you get excited by legal gobbledlygook? Neither do we, but that doesn’t mean it’s not incredibly important to your contract. In this episode, we tackle the mind-numbingly boring concept of indemnification and do what we can to make it make sense.
Employee Purchase Options
What’s the saddest phone call we get? Probably the one from the guy who just spent 3 years working under a promise to buy into the practice and then SURPRISE! The practice has been sold to corporate dental. In this episode, we discuss what you need to do in order to protect promises made to you to buy into the practice recruiting you.
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TV Lawyers
Why isn’t your lawyer as dramatic as Lt. Daniel Kaffee, and why isn’t the negotiation of your employment agreement as contentious as an episode of Law & Order? In this episode, we explain the key differences between the types of cases that feature on TV, and the types of lawyers that handle dental transactions.
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Lease Length Matters
Are you getting ripped off by signing a 10-year lease? Are you taking on unnecessary risks by taking on such a long lease term? Is your broker pushing you into a long lease only because it benefits him? In this episode, Joe explores the factors that influence lease term, and why what you’ve read on the internet may not be the complete story.
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Skin in the Game
Conventional wisdom says that if you give an associate some “skin in the game” via partial ownership, that associate will be more invested in the success of the office. In this episode Joe challenges this conventional wisdom. He discusses when it may work, and when it may not, and the headaches that come when it does not produce a long-term meaningful improvement in an associate.
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That Second Office
Why are so many satellite offices for sale out there? What went wrong? And, how do you know when you’re ready to make the jump to another office? In this episode, Joe walks through his observations of where so many practice owners go wrong when trying to expand, and how to avoid the same pitfalls.
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Lessons Learned, Part 1
In this episode we reflect on lessons learned from observing our clients, the challenges they make, and unfortunately, the mistakes they sometimes make. We’ve tried to synthesize the most important lessons for you so you can avoid them.
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The Final COVID
In this episode, Joe explores a few lingering issues resulting from COVID, like whether to claim COVID on insurance, what happens if you run out of PPE, and if your employer can renegotiate your contract.
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Lessons Learned Part 2
Joe shares valuable business lessons the firm has learned over the years providing service for dental practices. Part two of two.
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Local Vs. Dental Specific Vendors
Keep it local? Joe discusses using dental-specific vendors versus local vendors for your practice needs.
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Dental Insurancers
Joe explains why using dental-specific Insurancers for your practice may give you an edge while protecting your practice.
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Dental Bankers
Joe keeps it positive by explaining why using dental-specific bankers for your practice loans may make life a lot easier.
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Dental CPAs
Joe keeps it positive by explaining why using a dental-specific CPA for your practice may make life easier.
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Dental Real Estate Brokers
Joe keeps it positive by explaining why using a dental-specific real estate broker for your practice may decrease headaches and improve success.
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Dental Contractors
Joe tries to keep it positive by describing why using a dental-specific builder for your office buildout may decrease headaches and improve success.
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COVID-19 Part 4
With the COVID-19 Stimulus package being signed into law yesterday, there are a few things you should know that may help your practice in these times.
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COVID-19 PART 3
Joe sheds more light on the COVID-19 Pandemic, specifically government assistance for employers and employees. More to come as the ever-changing situation develops.
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COVID-19 Part 2
Joe shares more info regarding employment/ unemployment advice for your practice. Warning: with the rapidly changing environment of the COVID-19 Pandemic some advice can be out of date due to new laws currently being passed.
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COVID-19
Joe shares some legal advice for your practice in light of the ever changing updates of the COVID-19 Pandemic. Warning: Due to frequent updates some advice may be outdated. More to come.
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Should I Stay?
Are you buying or selling a practice? Joe gives guidance regarding how long and why a seller might stick around.
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Contracts 101
What makes a contract a contract? Joe explains five basic principles that make contracts binding
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Rule of Thirds
It’s great to be optimistic but Joe shares a great trick to keep your startup grounded and prepared for any unseen circumstance.
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Waiving Jury Trials
Waive a jury trial? Joe shares some situations when you would want to waive a jury trial and why your lawyer might advise it.
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Accounts Receivable
Joe explains Accounts Receivable and whether you should consider purchasing AR when acquiring a practice.
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Customers
Joe talks about using social media to attract and keep customers
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Inbreeding
Consultation for your practice can be a great advantage. But who is consulting you?
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Lease Assignments
Joe tackles the topic of the Assignment Clause in your lease agreement.
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Contract Length
Is a longer contract better than a shorter one? Is the shorter contract covering all your needs?
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Cut Bait
How do you know if you should back out of a deal? Joe shares insight on whether to hold on or cut bait.
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Family Ties
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Letters of Intent
Do I Need A Lawyer?
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The Fairy Tale of Dual Representation
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Building the Dream Team for Buying a Dental Practice
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The Committed Dentist – Understanding the employment contract term
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Payment Plan Differences – Distinguishing between triple net and gross leases
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Trusting Your Word – Representation and warranties in your contract
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Keeping a Promise – Considering restrictive covenants in your agreement
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Keeping the End in Mind – Planning your employment agreement
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Barely Legal – Profit per patient and what it tells you
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Barely Legal – Brokers are not lawyers
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A Game of Give and Take – Partnership decisions in dentistry
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Doing Your Homework – Due Diligence when buying a dental practice
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How Should I get Paid – Production vs Collections in dental contracts
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If Your Neighbor is a Dentist – Exclusivity provisions in dental leases
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