Author Archives: Janice L. Gauthier

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About Janice L. Gauthier

Janice L. Gauthier received a J.D., cum laude, from Harvard Law School and an A.B., cum laude, from Harvard College. She began her career at the law firm of Sidley & Austin in Chicago, worked as Senior Attorney for The Marcus Corporation in Milwaukee and served as Vice President and General Counsel of a Milwaukee area real estate development company before fulfilling a long-cherished dream of starting her own business by establishing The Gauthier Law Group. She brings more than twenty years of experience to the representation of her clients. Ms. Gauthier is licensed to practice law in both Wisconsin and Illinois and is AV rated by Martindale-Hubbell. For more detailed information on Ms. Gauthier's background and experience, please visit www.gauthierlawgroup.com.

COURT HALTS ENFORCEMENT OF BENEFICIAL OWNERSHIP REPORTING REQUIREMENTS

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No need to file a BOI report by January 1, 2025, at least for now…

Procrastinators, rejoice! If you have not yet filed a Beneficial Ownership Report for your company, a Texas federal court has good news for you. On December 3, 2024, the United States District Court for the Eastern District of Texas, in a case called Texas Top Cop Shop, Inc. et. al. v Garland, issued a preliminary nationwide injunction temporarily preventing enforcement of the beneficial ownership reporting requirements that were created by regulation, pursuant to the Corporate Transparency Act (“CTA”).

Under a regulation issued by the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) pursuant to the CTA, Reporting Companies (which would include most dental practices) that were created or registered to do business in the U.S. prior to January 1, 2024, were required to submit a beneficial ownership information (“BOI”) report to FinCen by January 1, 2025, Reporting Companies created or registered in 2024, were required to file a BOI report within 90 days of formation, and Reporting Companies that were created or registered after 2024 were required to file a BOI report within 30 days of formation. Now, as a result of the Texas Court’s decision, enforcement of these reporting requirements has been temporarily enjoined nationwide, so, if you have not yet filed a BOI report for your company, you do not need to do so, at least for now.

Note, however, that since this is a temporary injunction, it could be reversed, and the reporting requirements could, at some future time, become enforceable, again. For now, Reporting Companies should just gather all of the information necessary to complete a report and be ready to file quickly, prior to the original deadline, in the event that the injunction is reversed, and the reporting requirement is restored.

This article was written by Janice L. Gauthier, Esq. Ms. Gauthier has an A.B., cum laude, from Harvard University and a J.D, cum laude,. from Harvard Law School.  She is a business and real estate lawyer and the owner of The Gauthier Law Group, LLC, a boutique business and real estate law firm that represents dentists, physicians, optometrists, chiropractors, veterinarians, and other health care providers in business and real estate transactions in the Greater Milwaukee, Chicago and Madison Areas, as well as in other parts of Wisconsin and Illinois.  You can contact Ms. Gauthier at 414-270-3855, ext. 101 or by email.

© 2024 The Gauthier Law Group, LLC.  All rights reserved.

How to Negotiate Your Dental Office Lease

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Image courtesy of Stuart Miles / freedigitalphotos.net

Image courtesy of Stuart Miles / freedigitalphotos.net

One of the most valuable assets of a health care practice is its location. If you do not own that location, it is extremely important that you secure the value of this key asset through a well-drafted medical office lease. To help you with this process, here are nine important points to keep in mind when negotiating a lease for your health care practice.

1.  Remember That Everything is Negotiable.

Both landlords and brokers are notorious for telling prospective tenants that “everyone has signed this lease,” “it’s just a standard form,” or “no one ever negotiates my lease.” This simply isn’t true. Sophisticated tenants always negotiate their leases, and any term in a lease should be open to discussion. Remember that most leases are drafted by the landlord, and most landlords fill their leases with terms that are extremely favorable to the landlord, usually at the expense of the tenant. Continue reading →