Health Care
From helping federally-qualified health centers (FQHCs) maneuver through intricate compliance issues to drafting legally sound contracts for physician groups, health care law is our business. Contact
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What Health Care Providers Need to Know About Durable Powers of Attorney in Idaho
By Caitlin E. O’Brien and Hannah M. Andazola Providers are sometimes faced with a situation where they must decide how to proceed with treatment when a patient is unable to consent to their own...
A Guide to Using Patient Stories in Health Care Marketing Materials
By Caitlin E. O’Brien and Hannah M. Andazola, Attorneys HIPAA’s Privacy Rule means health care providers must use extra caution when marketing services using patient stories. The rule, as described...
Business
We understand the ins and outs of complex business issues. We help founders launch high-growth companies and navigate complicated contract negotiations. Our award-winning team can help with your complex business transactions while protecting your best interest. Contact
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5 Ways Employers Can Prepare for Covid-19
At the start of the Covid-19 breakout in the United States, attorney Luke Malek published an article in the Idaho Business Review on the 5 things employers can do to prepare. You can read the full...
What Employers Need to Know About the Families First Coronavirus Response Act
On March 18, 2020, the Families First Coronavirus Response Act was signed into law to help protect workers affected by school and office closures due to COVID-19 by and requiring certain employers...
Real Estate
Our experienced team works with commercial, residential and investment real estate clients for any and all related needs including loans, foreclosures, construction financing and project development. We’re also specialists in delicate land use cases. Contact
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My property is worth what? How the county assessor values real estate for tax purposes.
Before the 1st Monday of June, each county assessor will send out the 2020 assessment notices. Those notices state the market value of each parcel of real property in the county. The law is...
Construction Liens in Idaho
The right to lien for material and work done on land is a key protection for those who build things or develop land for others. Who has the right to record a mechanic's lien? 1. Anyone who does work...
Litigation
Our team has defended and prosecuted cases in the 9th Circuit Court of Appeals, Idaho state and federal courts and in administrative hearings and property tax appeal. We aim to resolve legal issues outside of trial in both mediations and arbitrations. We handle matters related to lost profits and damages, employment and labor disputes, and civil rights complaints. Contact
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Shareholder Agreements in Idaho
Idaho Code allows the shareholders of a corporation to sign a shareholder agreement. Idaho Code § 30-29-732. A shareholder agreement may address many different aspects of corporate governance. For...
Attorney’s Fees in Idaho
The winner of a civil lawsuit will be awarded attorney fees "when justice so requires" after March 1, 2017. That was the unexpected ruling of the Idaho Supreme Court on September 28, 2016. See...
Natural Resources
Our expert advocates, experienced in both Idaho and Washington, help clients navigate permitting and regulatory compliance issues. With decades of experience in oil and gas rights, integration and unit operations, Smith + Malek’s team will guide your business through any necessary natural resources transactions and fight for your company’s interest. Contact
Agriculture
Our clients range from small to large farms and ranches, as well as processing facilities. We represent individuals along with agribusiness companies, their investors, and we have experience forming co-operatives. As one of the most regulated industries, our attorneys effectively assist with any and all agricultural legal needs, including crop loss litigation, right-to-farm and nuisance disputes, and antitrust matters. Contact
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The Basics of Agricultural Cooperatives
An agriculture cooperative (co-op) is a business entity formed specifically for agricultural purposes, through which members market, negotiate, purchase and sell collectively. In Idaho, there are...
Employment
Our teams stay on top of the ever-changing state, federal and local laws surrounding employment and labor laws. As experts in the field, we help small and large businesses alike with workforce management including harassment and discrimination, workplace safety and privacy, and hiring and firing practices. Contact