What We Do
We know your world as well as we know the law.
Your knowledge, experience, and background give you the fundamental tools for success. But it does not necessarily equip you to deal with business and health care legal issues that inevitably arise. ByrdAdatto works with you to ensure that the legal affairs of your business are in order. Then we go a step further to help you find creative solutions to optimize your business, mitigate risk, avoid future legal issues, and achieve your long-term goals.
People We Serve
ByrdAdatto serves doctors, dentists, business owners, entrepreneurs, fellow attorneys, CPAs, public figures, and high net worth individuals in a variety of business and health care legal matters.
Businesses, Business Owners & Entrepreneurs
At our core, ByrdAdatto is grounded in our passion for business and zeal for our clients’ entrepreneurial spirit. Our creativity drives our service to our business clients, whether in health care or any other sector. You can count on us for clear communication while working through opportunities or challenges.
Doctors & Dentists
Let us focus on the health of your business while you focus on the health of your patients. Because ByrdAdatto has extensive experience serving doctors, dentists, and other providers, we can address a spectrum of legal issues in the business of medicine. Our team has a deep, personal connection to the world of medicine. We have parents, spouses, and siblings who are doctors and dentists, and one of our partners, Jeffrey Segal, is both an attorney and a neurosurgeon. ByrdAdatto consequently has a unique understanding of the medical industry and serves clients across all specialties.
Attorneys & CPAs
ByrdAdatto serves attorneys, CPAs, and other professionals in multiple ways. We are a trusted referral source and have the experience to handle matters well and make the referring professional look good. We also provide services directly to fellow professionals. It’s the ultimate compliment when they trust us to help them with their specific business needs.
Family Wealth Management
For wealthy people and public figures, privacy and discretion are non-negotiable. ByrdAdatto recognizes that privacy in some circumstances exceeds even the discretion required of licensed attorneys. Because we have represented athletes, entertainers, and other individuals with high net worths for two decades, we solve the age-old problem that it’s “lonely at the top.” Our clients turn to us to work through tough situations and develop creative solutions.
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Our Practice Areas
We design creative solutions for complex legal problems in the following disciplines.
Aesthetics
With a deep understanding of aesthetics practices, ByrdAdatto helps medical providers, entrepreneurs, and businesses across the country navigate this highly regulated industry. Our attorneys have become a national voice, routinely lecturing throughout the country at aesthetics, medical, and legal conferences.
ByrdAdatto also has a unique relationship with the American Med Spa Association. Alex Thiersch, founder and CEO of AmSpa, is a partner of ByrdAdatto. Brad Adatto and Michael Byrd sit on the board for AmSpa, and our firm powers the legal resources provided by AmSpa.
ByrdAdatto regularly assists medical practices, med spas, and other businesses in the aesthetic space. We help with planning and creating new businesses, mergers and acquisition, regulatory compliance, and a spectrum of legal services in the business of aesthetics.
What Our Clients Say
Board Investigations
A board investigation is an extremely delicate issue. In these matters, all communication with medical investigators or licensing boards must be taken seriously. They have access to in-house counsel, outside counsel, and a host of other staff. If you encounter a crisis related to behavior, performance, and oversight, ByrdAdatto can help you develop the strategy to respond quickly, effectively, and professionally.
In addition to the legal complexities, we also recognize that these issues are very personal and stressful to a provider, and we handle them accordingly. The legal risks are enormously high, but we communicate clearly and act decisively to protect our doctors, dentists, and other providers.
What Our Clients Say
Business Disputes
Most business disputes can be summed up in one word: communication. It’s frustrating but true. Even when the most comprehensive governing documents are put in place, business disputes can still arise. And most of those conflicts stem from poor communication. ByrdAdatto’s experience in dispute resolution enables us to see the problem from our clients’ perspectives and identify where the breakdown occurred. We help our clients objectively understand the risks involved and develop a strategy to minimize the impact.
Whether the dispute deals with a customer, vendor, employee, partner, or owner, we focus on addressing the issue before the problem grows litigious. If the conflict has already risen to that level, we help develop a litigation strategy, bringing in outside trial attorneys where appropriate.
What Our Clients Say
Business Planning & Formation
ByrdAdatto collaborates with your accountants and other advisors in designing, building, and implementing business models.
Our business experience and strong communication skills enable us to simplify complex structures and recommendations. Whether you are a solo-owned company or a large organization with multiple classes of investors, we can help design the business model that will position your company to meet its short- and long-term business objectives.
ByrdAdatto regularly assists our clients on creating, implementing, maintaining, and growing business models, customized to their needs. This can include the actual formation documents, ownership agreements, investor documents, and financial contracts.
What Our Clients Say
Employment Agreements & Contracts
You know exactly how you want your business to run. But there is only one way to make sure others share this understanding: Put it in writing.
Few things can be more frustrating and disruptive to a workplace than a miscommunication or misunderstanding of terms, conditions, and responsibilities. Whether you are dealing with a partner, employee, or vendor, it is important for everyone to be on the same page in terms of what is expected from all parties.
Although every contract is different, ByrdAdatto begins each one the same way — by listening carefully to your goals and concerns and making sure we have a clear understanding of what you want to achieve. You can turn to us for assistance in drafting virtually any type of workplace agreement:
- Business associate agreements
- Employee handbooks
- Employment agreements
- Independent contractor agreements
- License agreements
- Nondisclosure agreements (NDAs)
- Non-qualified stock option plans
- Ownership agreements
- Phantom stock agreements
- Professional service agreements
- Service agreements
- Subscription agreements
- Vendor agreements
What Our Clients Say
Health Care Law
With a national presence in health care, ByrdAdatto brings proven, experienced insights to doctors, dentists, and other providers in the health care industry. Our national health care practice combines our passion for business with our pedigree in health care law.
We regularly assist providers in creating and planning new businesses, buying and selling practices and related health care businesses, maintaining regulatory compliance, addressing board investigations, preparing and reviewing lending documents, and handling the day-to-day issues in the business of medicine.
What Our Clients Say
Mergers, Acquisitions & Practice Transitions
Whether you are considering buying, selling, merging, or transitioning a company, there are multiple variables that can complicate a process and create risk. The motivating factors associated with mergers and acquisitions are numerous — and so are the risks and potential pitfalls.
At ByrdAdatto, we work with our clients to clearly understand the motives and objectives of a deal, and to clearly identify and evaluate the risk. When a deal proves to be in our client’s best interest, we negotiate proactively and creatively to close the deal. We provide the following services relating to mergers, acquisition, and transitions, which help from the start to the sale:
- Asset purchase agreements
- Business planning and formation
- Capital contribution agreements
- Creative structures to create win-win arrangements
- Due diligence
- Escrow agreements
- Lending documents
- Letter of Intent
- License agreements
- Non-compete and non-solicitation agreements
- Post-closing employment agreements
- Stock purchase agreements
What Our Clients Say
Outside General Counsel
General counsel, also called chief legal counsel, is the role for an attorney in charge of coordinating all legal affairs for a company.
In larger companies, the general counsel typically works on staff, full time. But for organizations that do not require a full-time chief legal counsel, an outside resource can be a very attractive option. At ByrdAdatto, we can serve as outside general counsel, as well as your organization’s entire legal department.
As outside general counsel, we serve as a trusted set of ears for your most delicate issues. We are a sounding board and strategic guide for the CEO and other top executives. Should your needs go beyond our areas of expertise, we can coordinate with trusted outside firms and bring them up to speed on the matters at hand. At ByrdAdatto, we internally handle a full range of business and health care issues.
What Our Clients Say
Private Securities
Before you begin looking for outside investment to take your company to the next level, invest a little time with ByrdAdatto.
Raising private capital is a difficult task, which can be further complicated by state and federal rules. Regulators, as well as investors, want documentation that demonstrates that a strategic plan is in place, due diligence has been performed, and appropriate fiduciary stewardship is enforced.
ByrdAdatto works with our clients to simplify these complicated issues. We help build the strategic plan and perform due diligence in raising private capital. We can take part in or advise clients throughout the negotiating process, as well as prepare documents for various types of private securities offerings, including early-stage financing, bridge rounds, and other private financings:
- Confidential preliminary investment memorandums
- Escrow agreements
- Letters of intent
- Notification of state and federal securities commissioners of private offerings
- Private disclosure statements
- Private placement memorandums
- Subscription agreements
What Our Clients Say
Regulatory Compliance
When it comes to compliance, we believe an ounce of prevention is worth a pound of cure. ByrdAdatto strives to play a proactive role in helping clients develop business models that integrate compliance into their practices. This includes developing compliance plans consistent with the various state and federal regulations.
When needed, we quickly respond to any regulatory issue that may arise. This may include a HIPAA breach, state board investigation, whistleblower suit, or a government investigation. Our thorough understanding of regulatory issues enables us to quickly counsel you as to your risk and to develop an effective strategy.
We assist clients on both state and federal regulations:
- Advertising regulations
- Anti-kickback
- Corporate practice of medicine
- Fee splitting
- Fraud and abuse
- Health care reform
- HIPAA
- HITECH
- Licensure
- Medical board rules
- Self-referral (Stark Law)
- Sunshine act
What Our Clients Say
Trademarks
Developing a new idea requires hard work, insight, and drive. Protecting that idea requires an experienced legal partner.
In the past 50 years, the worlds of medicine, business, and technology have seen an explosion of new ideas. When you have that once-in-a-lifetime idea, it’s important to stake a claim, document ownership, and protect any future revenues that it may generate.
ByrdAdatto is experienced in the legal issues with protecting technology and intellectual property.* We assist clients in the following areas:
- Asset purchase agreements
- Confidentiality and nondisclosure agreements
- Copyrights
- Data center agreements
- License agreements
- Software license and service agreements
- Trademarks
* We outsource certain areas pertaining to taxes and patents.
What Our Clients Say
The ByrdAdatto Whiteboard
We live the saying that a picture is worth a thousand words. Our whiteboards are interactive, strategic sessions designed to solve a particular challenge. Together we map out a situation in real time to simplify what’s happening and provide an open forum for conversation and ideation.
With your input, we establish a specific goal prior to the whiteboard session. During the discussion, we spot regulatory and compliance red flags to ensure you understand all the implications from a business perspective. Common topics include developing business structures, business exit plans, compliant health care arrangements, management services organization (MSO) models, and other strategic initiatives with legal implications.
As we diagnose issues, we develop an action plan so by the end of the whiteboard, you have a go-forward strategy. First-time and longtime clients tell us whiteboards are among the most valuable work ByrdAdatto does to help their businesses.
We have a simpler, more transparent way to access legal services.
How We Charge
Designed with our clients in mind, ByrdAdatto’s billing options are simple and transparent, eliminating unpredictable invoices and unclear payment expectations. You can choose from our Access+ relationship or project-based billing.
Speaking Topics
As leaders in business and health care law, we frequently speak at conferences and industry functions.
Planning, Scaling & Selling Your Medical Practice
This presentation helps physicians and their advisors understand the most common legal issues facing today’s medical practices, which can also aid in successfully running a medical practice. Additionally, the lecture identifies the types of ownership and compensation arrangements, as well as how to better structure a model.
Legal Issues in the Digital Age: The Proper Use of Privacy Rules & Regulations
This presentation focuses on website and social media issues with patient information, including the basics of HIPAA and the process for compliance from both state and federal perspectives. The presentation includes war stories that have happened to medical providers throughout the country, and, most important, it highlights the new, more aggressive behavior of the state and federal governments’ enforcement of privacy rights in the health care industry.
Can You Own a Med Spa Without Being a Doctor? The Answer Is MSO …
Based on the corporate practice of medicine doctrine and medical and nursing board regulations, the ownership/operation of med spas has historically been misunderstood or ignored. This presentation includes real-world enforcement examples and pinpoints sources of risk affecting med spas. We explain how to compliantly own and operate a med spa as a non-medical provider.
Regulatory 101: Spotting Red Flags in Health Care Transactions
This presentation identifies state and federal regulatory risks in business transactions in the health care industry.
Business 101: Entity Creation & Structure Pitfalls
It is important for any new or existing business to understand how to best protect itself — and that often begins with forming an entity to shield it from personal liability. However, there are many considerations that go into selecting the entity type and structuring it properly. This presentation highlights common pitfalls associated with creating that entity, and provides insights on issues to flag for legal counsel, including failure to develop a business succession plan.
Business 102: Buying & Selling a Business — Structuring Business Sales & Acquisitions
This presentation provides an overview of the merger and acquisition process. The discussion addresses the letter of intent phase, due diligence, and structure and documentation considerations. The goal is to better equip you to understand the legal considerations for this process and when to engage counsel.
Contracts 101: Evaluating Your Employment Opportunity
Physicians are not trained in the business of medicine during their formal education. This presentation walks through the important considerations inside and outside a physicians’ employment agreement. The goal is to help physicians to understand the various considerations so they can fully evaluate an employment opportunity.
Compensation Models for Professional Services Businesses
This presentation helps advisors of professionals to better understand the most common legal issues facing today’s professional services businesses. Additionally, the lecture identifies the types of ownership and partner compensation arrangements, as well as how to better structure a model.
Hot Topics in the Business of Dentistry
This presentation covers hot issues in the dental field, including proper federal and state regulatory issues, and DSOs in the state of Texas. It gives an overview of the most common issues that dental practices are facing today, and it identifies the types of arrangements that have complex regulatory hurdles and the associated risks.
Hot Topics in the Business of Medicine
This presentation covers hot issues in the medical field, including proper federal and state regulatory issues, and MSO in the state of Texas. It gives an overview of the most common issues medical practices are facing today, and it identifies the types of arrangements that have complex regulatory hurdles and the associated risks.
Hot Topics in the Business of Plastic Surgery
With the fast-moving changes in the regulatory and reimbursement climate, it is tough to keep up with the latest trends and opportunities in the business of plastic surgery. This presentation looks at the trending developments and addresses both opportunities and obstacles Note: Because this topic is tailor-made for the climate at the time of the presentation, we typically develop the content closer to the event date.
Med Spa Rules & Regulations
The ownership, supervision, delegation, and operation of med spas has challenged the industry, as the laws have historically been misunderstood or ignored. This presentation includes real-world enforcement examples and pinpoints sources of risk affecting med spas and other aesthetic centers.
Federal & State Privacy Rules (HIPAA Compliance)
This presentation covers HIPAA basics and the compliance process from state and federal perspectives. Perhaps most important, the discussion highlights the new, more aggressive behavior of state and federal governments on HIPAA enforcement in the health care industry.
Compensation & Buy-Sell Planning
Physicians do not learn the business of medicine in medical school. Instead, they learn the hard way: through trial and error in private practice. This presentation provides an overview of how to grow a physician’s office with proper professional planning through the use of compensation models, and how to develop an appropriate buy-sell model in compliance with governmental regulations.