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BMD Named to the 2024 U.S. News – Best Lawyers® “Best Law Firms”

Press Release, Client Alert

Brennan Manna & Diamond (BMD) is recognized among the leading law firms in the nation according to the 2024 Edition of U.S. News – Best Lawyers®  "Best Law Firms." The firm has ranked in in 13 practice areas and has earned “National Tier 1” rankings in Health Care Law and Litigation-Trusts & Estates

This year, BMD is recognized in the metropolitan areas of Akron, Cleveland, Fort Myers (Bonita Springs office), and Orlando for professional excellence in: 

Metropolitan Tier 1

Akron

  • Health Care Law
  • Litigation - Trusts & Estates

Metropolitan Tier 2

Akron

  • Corporate Law, Litigation - Intellectual Property
  • Litigation - Labor & Employment
  • Trusts & Estates Law

Cleveland | Construction Law

Fort Myers | Real Estate Law

Metropolitan Tier 3

Akron

  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Closely Held Companies and Family Businesses Law
  • Tax Law
  • Trademark Law

Cleveland | Health Care Law

Orlando | Corporate Law

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in the field, and review of additional information provided by law firms as part of the formal submission process.

Awards were given in 75 national practice areas and 127 metropolitan practice areas based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys, and review of additional information provided by law firms as part of the formal submission process. The 2024 “Best Law Firms” rankings can be seen in their entirety by visiting bestlawfirms.usnews.com

Clients First. Business Family. Entrepreneurship.
Brennan, Manna & Diamond was founded in 2000 with the goal of combining highly skilled, talented attorneys with practical experience in business matters, to create a new way to provide legal and business services to its clients.

BMD’s access to a network of successful business entrepreneurs, consultants and developers allows for innovative solutions, symbiotic partnerships, and sound legal and business advice. BMD serves clients of all types and sizes in numerous industry sectors nationwide, in the areas of: Business and Corporate; Construction Law; Employment and Labor; Finance; Government Affairs; Healthcare; Immigration; Intellectual Property; International Law; Litigation; M&A; Real Estate; Tax, Estate, Asset Protection and Wealth Management and more. For additional information, please visit www.bmdllc.com.

 


Primary Care Practice Officially Defined in Florida for APRNs Practicing Autonomously

As many providers in Florida are aware, House Bill 607 (the “Bill”), which was passed in February of last year, gives certain APRNs in Florida the ability to practice autonomously. The only catch is that they must work in primary practice. When the Bill was initially passed, there was question as to what was exactly considered primary care, absent a definition from the Florida Board of Nursing. However, as of February 25, 2021, “primary care practice” has officially been defined.

Part II of the No Surprises Act

The Department of Health and Human Services (“HHS”) published Part II of the No Surprises Act on September 30, 2021, which will take effect on January 1, 2022. The new guidance, in large part, focuses on the independent dispute resolution process that was briefly mentioned in Part I of the Act. In addition, there is now guidance on good faith estimate requirements, the patient-provider dispute resolution processes, and added external review provisions.

Safer Federal Workforce Task Force - Guidance for Federal Contractors and Subcontractors

The Safer Federal Workforce Task Force has issued its Guidance for Federal Contractors and Subcontractors (Guidance). Note that the Guidance applies only to “covered contracts,” which are contracts that include the clause (Clause) set forth in Sec. 2(a) of Executive Order 14042 (Ensuring Adequate COVID Safety Protocols for Federal Contractors). The Federal Acquisition Regulatory Council (FARC) is to conduct rulemaking and take related action to ensure that the Clause is incorporated into federal contracts. Until that happens, federal contractors likely will not see the Clause in its contracts. Following is a broad summary of the Guidance.

Banking & Cannabis: The Next Frontier Webinar

On Tuesday, September 21st, BMD’s own Banking and Cannabis Partner, Stephen Lenn, hosted a star-studded cast of panelists in a webinar titled Banking & Cannabis: Cannabis Lending, The Next Frontier. The webinar, which had to suspend registrations when hitting a maximum cap of 500, aimed to explore issues related to cannabis and banking, with a particular emphasis on lending. With the sponsorship and support of the Bankers Associations of Arizona, Colorado, Ohio and Utah, Steve was able to recruit an elite group of bankers, bank regulators, cannabis industry players, and cannabis regulators, who took the topic head on. The discussion kicked off with an opening from the keynote speaker, VP of Congressional Affairs for the American Bankers Association, Tanner Daniel.

Is Your Bonus System Creating Wage and Hour Violations? A Hidden Impact of the Labor Shortages

As employers struggle with attracting and retaining talent, many have turned to incentives such as Signing Bonuses and Retention Bonuses. In doing so, employers may be inadvertently exposing themselves to overtime law violations. Employers with non-exempt employees know that the Fair Labor Standards Act (FLSA) requires an overtime premium to non-exempt for work in excess of 40 hours per week. However, all too often, employers miscalculate the “regular rate” of pay, which is used for calculating the “overtime rate.” The miscalculation is becoming more prevalent in today’s market when employers fail to include supplemental compensation, such as certain Signing Bonuses and Retention Bonuses into the regular rate of pay. An example: A non-exempt employee is hired at a rate of $20 per hour, and also receives a retention bonus of $1,200 after working for 12 weeks. In her 11th week of work, employee works 50 hours. In her 14th week of work, employee works 50 hours. What is her paycheck in week 11? What is her paycheck in week 14?