Legal Lingo

Making and closing a deal between a hospital owner and a buyer isn’t as easy as it once was. Skittish lenders, contract contingencies and even uncommitted clinical staff can gum up the process.

So, you’ve decided to sell your veterinary practice after a lifetime of hard work, but the COVID-19 pandemic has fundamentally impacted the process. From new contractual provisions and buyer financing delays to due diligence issues, you’ve encountered numerous roadblocks. However, with better planning and the right team in place, a sale can be successfully achieved. […]

The sale of your practice to a colleague or outside party when you aren’t present is fraught with trouble if detailed instructions aren’t in place.

One of the most challenging exercises that veterinarians go through is planning for what will happen to their business if they die unexpectedly or become disabled. Emotional considerations and the stress of detailing a future business transaction can cloud the process. Unfortunately, COVID-19 highlighted the importance of having both a succession plan and a business […]

Automatic contract renewals can leave you in a costly predicament if you fail to give proper notice of termination.

Veterinarians will enter into dozens of contractual relationships throughout their professional careers. They can reasonably expect to sign employment agreements, purchase orders, client payment and IT service contracts, property and equipment leases, real estate deals, and so on. The paperwork can vary in sophistication and complexity, ranging from a straightforward one-page document to a highly […]

A management services organization adds a layer of structural complexity to a veterinary practice but offers non-veterinarians and even family members the opportunity to reap the financial rewards.

Veterinarians, investors and executives who want to form a management services organization (MSO) often do so without fully exploring the reasons. One revolutionary change in the veterinary industry over the last decade was heightened interest in MSOs, which resulted in a lot of newer market entrants, including, but not limited to, private equity. The problem […]

When negotiating an employment agreement with an associate veterinarian, start with the basics — at-will or contract? — and go from there.

Managing your veterinary practice can be overwhelming, but protecting your business is of the utmost importance. That’s why having a solid employment agreement with an associate veterinarian — one delineating pay and responsibilities — is critical. For an employment agreement to be enforceable, what need to exist are a clear job offer, an acceptance of […]

Practice partnership agreements need to be tightly written and account for eventualities, such as how disputes are settled and how a buyout is accomplished.

After extensive deliberations, you take a leap of faith and decide to dive into a veterinary practice partnership. While excitement compels you to rush into the venture, taking a step back to evaluate the implications and properly structure the business arrangement will greatly benefit you and your partners in the long run. A carefully tailored […]

Severance agreements can be worthwhile when cutting ties to a team member, but employers need to be careful with the terms and cognizant of applicable laws.

Have you ever terminated an employee? Whether the act was related to performance, a practice reorganization or another issue, navigating the process can be challenging. In these situations, a severance agreement can be a helpful tool for employers, but many don’t understand how or when to use them. Here are answers to eight commonly asked […]

Potential hospital buyers want to see everything, from contracts to liens. Your advisers will play key roles in the process.

When the time comes to sell your veterinary practice, the most important part, of course, is finding a buyer who is willing to pay the right price. But before the “For Sale” sign even goes up, follow these seven steps to position yourself for a smooth sales process. 1. Get Tax and Legal Advice One […]

Employee noncompete agreements aren’t always enforceable, especially if time and geographic limits are too broad.

Have you ever recruited the perfect job candidate only to find he had a noncompete agreement with a current or former employer? At a time when unemployment rates are low, the situation can be particularly frustrating. A common assumption is that legal liability for breaching a noncompete falls on the employee. Unfortunately, that’s not always […]

Not understanding common contract terms and failing to renegotiate certain provisions when appropriate can cause unnecessary risk and liability.

Reading the fine print in a business contract is probably not your idea of a good time. You have a busy practice and negotiating contracts is clearly not why you became a veterinarian or hospital administrator. That said, every business owner or manager should have a firm understanding of which contract provisions require careful review. […]