Restaurants and Retail

Lane Powell Launches Business Transitions Team

Lane Powell is pleased to announce the formation of a Business Transitions Team under the Firm’s Business Department.  A. Jeffery Bird, Lewis M. Horowitz and Benjamin G. Lenhart will lead the group, which assists clients in developing and implementing comprehensive business transition plans.
 
Lane Powell formed this practice group to address a specific need.  Many privately- and family‑owned businesses do not have a business transition plan.  This problem is exacerbated by the wave of baby boomers who have built successful companies and are retiring in unprecedented numbers.  Successfully transitioning a business, whether it is obtaining the highest price at sale or extracting sufficient value when transitioning to management or family members, is key to achieving financial independence and leaving a legacy to your family.
 
Our team of business transition attorneys is dedicated to helping business owners through the business transition planning process, which is unique to each business, and includes three Certified Exit Planning Advisors who have decades of business experience.  All transition plans require consideration of at least the following components:  evaluation of goals and objectives, business valuation, personal financial planning, value enhancement strategies, understanding the transition alternatives, protecting the business, tax planning to reduce taxes and a personal action plan.  In addition to providing legal expertise, our Business Transitions Team also partners with an interdisciplinary group of specialists — which often include valuation experts, accountants, estate planners and investment bankers, among others — to assist clients in taking control of the planning process and developing a business transition plan that gives them peace of mind knowing they are well prepared to handle any transition scenario.
 

Lane Powell offers a broad range of legal services providing insightful counsel to individuals and organizations on a local, national and international basis.  The Firm’s corporate, litigation and regulatory professionals collaborate across our locations to deliver practical solutions tailored to our clients’ unique business needs.

Lane Powell Contributes to the World Law Group's Global Guide to Whistleblowing Programs

Lane Powell Shareholders Julie Engbloom and Darin Sands co-authored the U.S. Section of the World Law Group’s (WLG) 2016 edition of the Global Guide to Whistleblowing Programs (“Guide”).  The chapter outlines applicable data protection laws and guidelines covering a wide variety of topics related to whistleblower protection laws and provisions at both the federal and state level.  In addition, Engbloom, co-chair of the Privacy and Data Security and the Business Crisis Management and Emergency Remedies Practice Groups, with assistance from Attorneys Laura Richardson, Cozette Tran-Caffee and Hans Huggler, provided a comprehensive legal review of the entire Guide.  The Guide is available at http://www.theworldlawgroup.com/wlg/Handbooks__Guides.asp
 
The WLG is a network of 54 leading independent law firms with more than 350 offices in major commercial centers worldwide, and one of the globe’s oldest and largest networks of leading independent law firms, rated as one of a select few “Elite” networks by Chambers and Partners.  WLG member firms comprise more than 18,000 lawyers working in a comprehensive range of practice and industry specialties.  The WLG’s Privacy and Data Protection Group is comprised of lawyers in the WLG’s member firms worldwide who have data protection, privacy and related compliance work as a focus of their practice.  The group’s goal is to enhance the provision of relevant and seamless client services, including cross-border data transfers, privacy risk assessment and data breach services to multinational entities, and to develop proactive compliance procedures and techniques.

Lane Powell offers a broad range of legal services providing insightful counsel to individuals and organizations on a local, national and international basis. The Firm’s corporate, litigation and regulatory professionals collaborate across our locations to deliver practical solutions tailored to our clients’ unique business needs.

Cannabis Conundrum: Conflicting Laws Mean Ongoing Challenges for Oregon’s Senior Housing and Long Term Care Industry

Apologies to Law and Order: SVU, but in the federal criminal 
justice system, “Schedule I” based offenses are considered especially heinous. Under federal law, the manufacture, importation, possession, use and distribution of certain drugs and substances (and certain chemicals used to make drugs) is regulated by the Controlled Substances Act (CSA). Drugs and substances covered by the CSA fall into five Schedules, with Schedule I substances considered the most dangerous. Drugs or substances on Schedule I, as determined by the federal government, have a high potential for abuse, no currently accepted medical use in treatment in the U.S. or a lack of accepted safety for use under medical supervision. Examples of Schedule I drugs and substances include heroin, lysergic acid diethylamide (LSD), methamphetamine (ecstasy) and as of the date of this article, marijuana.

Under Oregon state law, subject to conditions and limitations, marijuana is lawful for both the medical treatment of certain debilitating medical conditions and, for persons over 21, personal use in non-public locations. Yet for residents in senior housing (i.e., assisted living and memory care facilities) and long term care (i.e., skilled nursing facilities), use of marijuana for medical treatment or legal social use is prohibited under the federal CSA.

This federal and state law conflict has created an ongoing dilemma for the senior housing and long term care (collectively, SH/LTC) industry. In return for providing services to facility residents, many long term care providers are paid by the Medicare federal health insurance program and the joint federal and state Medicaid program. Likewise, some senior housing providers receive Medicaid payments. SH/LTC providers that permit residents to possess or use marijuana at facilities where Medicare or Medicaid is a payment source risk potential federal sanctions, such as disqualification from participation in Medicare or Medicaid programs. In fact, the Social Security Act requires that any individual or entity convicted of a felony offense related to the unlawful manufacture, distribution, prescription or dispensing of a “controlled substance” (which includes marijuana) be excluded from participation in any federal health care programs, including Medicare and Medicaid.

Some providers view marijuana use as a resident rights issue and, reassured by U.S. Department of Justice (DOJ) guidelines, permit residents to possess and use marijuana for certain purposes at their facilities. However, such providers must also consider whether to take on the potential additional risk of storing and dispensing marijuana to certain residents. In Oregon, SH/LTC providers who do so risk inadvertently becoming a “Designated Primary Caregiver” under the Oregon Medical Marijuana Act. Such a designation carries duties that should give prudent SH/LTC providers pause.

Other SH/LTC providers take no solace from the DOJ’s focus on large commercial cannabis businesses, and instead rely on federal law (at least for now) to decide not to accommodate medical marijuana use nor permit recreational marijuana. These providers commonly impose a blanket ban on marijuana use and possession. Marijuana use in SH/LTC facilities raises other significant legal concerns too, such as compliance with ventilation and smoke-free workplace requirements.

Despite many states having laws in place for years that permit certain uses of marijuana, long term care providers do not have ironclad answers on how best to deal with the conflict. As of June 2016, the U.S. Drug Enforcement Administration is contemplating whether to reclassify marijuana as a Schedule II substance, meaning the CSA would recognize marijuana as having a currently accepted medical use, but still with a high potential for abuse (along with other Schedule II substances like oxycodone and morphine). Such a reclassification would likely create more new questions than clear answers for SH/LTC providers.

Oregon SH/LTC providers can reasonably expect that laws will eventually be passed that will clarify how they must or should respond to the federal/state marijuana law conflict. Until then, providers should continue to carefully consider the pros and cons of permitting marijuana in their facilities and closely monitor this ever-evolving area of law.

 

BrechtJJeff Brecht is Counsel to the Firm at Lane Powell where he is a member of the Long Term Care and Seniors Housing Team and Cannabis Practice Group. He can be reached at 503.778.2162 or This email address is being protected from spambots. You need JavaScript enabled to view it.

EngbloomJJulie M. Engbloom is a Shareholder at Lane Powell and Co-chairs the Firm’s Cannabis and Privacy and Data Security Practice Groups. She can be reached at 503.778.2183 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Meltzer joins Lane Powell as Director of Strategy and Pricing

Portland - Lane Powell is pleased to welcome Eric S. Meltzer as the Firm’s Director of Strategy and Pricing, where he will work closely with Firm leadership to effectively advance client value and service excellence. Working closely with Sanjiv Kripalani, Director of Business Development and Jennifer Castleberry, Director of Marketing, Meltzer will help the Firm connect with new clients and current clients through the development of client service initiatives. Meltzer’s role will also include pricing, project management, process improvement and practice innovation.

MeltzerE

Charles W. Riley Jr., President of Lane Powell, welcomed the addition of Meltzer to the Firm Management Team: “We are excited about his arrival and the energy he will bring to our efforts. Client service is a top priority, and we believe Eric’s experience and skills will prove invaluable to the recognition of our goals in client service delivery.”

Prior to joining Lane Powell, Meltzer was the Director of Legal Services for RGP, a publicly traded global management consulting firm, where he was responsible for developing its legal advisory practice. He has worked with clients across a wide range of industries, with companies of all sizes, including retail, manufacturing, technology, banking, finance, data storage and more. Meltzer also has experience as a commercial and intellectual property attorney, where he represented startups, nonprofits and corporations on a wide range of transactional and litigation matters.

Meltzer earned his J.D. from Lewis and Clark Law School. He attended China University of Political Science and Law, and received his B.A. from Evergreen State College.

ABOUT LANE POWELL
Lane Powell offers a broad range of legal services providing insightful counsel to individuals and organizations on a local, national and international basis. The Firm’s corporate, litigation and regulatory professionals collaborate across our locations to deliver practical solutions tailored to our clients’ unique business needs.

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