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Shipman Wright & Moore represents the plaintiffs in a complaint against the City of Boiling Springs Lake. The City has long attempted to avoid responsibility for ongoing drainage problems in the area surrounding the Highlands community. Following major flooding caused by Potential Tropical Cyclone 8, the City continues to avoid acknowledging the need to…

Corporate Practice of Medicine (“CPoM”) refers to the common law doctrine that prohibits non-physicians from owning medical practices or having the ability to control the medical decisions of physicians. This doctrine developed over time in the Courts and sought to ensure that the practice of medicine is based on professional standards and ethical considerations…

Optometry practices frequently sail under the radar of government enforcement actions.  Recently, however, government enforcement appears to have ramped up in the optometry industry.  FTC’s Cease and Desist Letters The Federal Trade Commission (“FTC”) announced on April 20, 2023, that it sent 37 new cease and desist letters regarding violation of the FTC’s Ophthalmic…

Divorce can be complex and emotional for all parties involved, especially when disputes arise over child custody, parenting time, and property division. While going to court to resolve these disputes is an option, it can be costly, time-consuming, and often leads to a more acrimonious process. Alternative dispute resolution (ADR) offers an alternative to…

Digital Health companies seeking to scale their businesses nationwide have a new privacy law to contend with now.  Washington has passed a first-of-its-kind state law that safeguards consumer health data collected by companies that traditionally fit into a regulatory gap (Read here).   Digital health is a broad term that includes telehealth, consumer healthcare…

Property tax disputes can be stressful and costly for property owners, but they can arise for various reasons. Understanding the different types of conflicts that can occur and the options available for resolving them can help property owners navigate the process. Valuation disputes are among the most common types of property tax disputes. For…

Traumatic brain injuries (“TBI”) can have devastating impacts on your way of life, and there are many occasions in which both patients and their healthcare providers do not recognize the symptoms of TBI.  Symptoms may not manifest themselves immediately, and the onset of symptoms may not occur for days or even weeks.  Establishing that…

Unified Program Integrity Contractors (“UPICs”) are the Centers for Medicare and Medicaid Services’ only program integrity contractors investigating credible allegations of fraud of Medicare Parts A & B and Medicaid programs. UPICs may refer cases to law enforcement agencies, refer patients for recoupment of identified overpayments, or may recommend administrative actions. UPICs operate in…

Nowadays, it is relatively easy to establish a professional limited liability company (PLLC) or a professional corporation (PC) using various online tools. Consequently, many healthcare professionals opt not to involve an attorney in their business formation process. Unfortunately, such online tools often fail to fully explain the significance of complying with the legal formalities…

The legal concepts of condemnation and inverse condemnation have affected property owners in North Carolina in various ways. The government or a utility with the power to condemn property typically initiates a condemnation or eminent domain action.  While a property owner typically initiates an inverse condemnation action, typically when the government or utility takes…