In most industries, client referrals are a normal course of business. However, in the healthcare industry, patient referrals are scrutinized especially if the referrer is compensated or if the referrer receives some kind of benefit from the referral. The federal Stark Law and Anti-Kickback Statutes generally applies to Medicare, Medicaid, and other federal healthcare programs. These laws are designed to discourage and punish compensation schemes that would amount to fraud and abuse of Medicaid and Medicare claims. The central intent of the two statutes is to protect federal healthcare program beneficiaries by preventing and punishing fraud and abuse, such as over utilization of medical services, increased costs, poor-quality medical services, and unfair competition.

Stark Law:

The federal Physician Self-Referral Law, often referred to as the Stark Law, was enacted by Congress in 1989 with the intent of prohibiting physicians from referring Medicare patients to clinical labs where the physician, or family member of the physician, would have a financial relationship, such as an direct or indirect ownership or investment interest in an entity or a direct or indirect compensation arrangement with an entity. The Stark Law is a strict liability statute, meaning that even if a physician or entity did not intend to violate the Stark Law, the physician or entity would generally be held accountable. Penalties for violating the Stark Law could include denial of payment, refund of payment in an amount three times the amount of improper payment, civil monetary penalty of $15,000 per service, and civil monetary penalty of $100,000 for each arrangement that is considered to be a circumvention scheme. Generally, the Stark Law functions to do three things:

  1. Prohibits physicians from referring Medicare patients to entities that provided specific designated health services (DHS) if the physician or an immediate family member of the physician had a financial relationship with the entity, unless an exception applies;
  2. Prohibits the entity from billing Medicare or causing Medicare to be billed for the referred services (such as through a third party); and
  3. Establishes certain exceptions that allow Physicians to enter into specific arrangements, and grants the Secretary the authority to issue advisory opinions for financial relationships that do not pose a risk of Medicare or patient abuse.

One of the more difficult concepts to understand about the Stark Law is that its defined terms are exceptionally wide-ranging.  Immediate family members are defined broadly as including spouses, birth or adoptive parents, children, or siblings, stepparents, stepchildren, daughters-in-law, sons-in-law, brothers-in-law, sisters-in-law, grandparents or grandchildren, and spouses of a grandparent or grandchild. The definition of financial relationship includes not only different types of ownership or investment interests, but also encompasses a wide range of compensation arrangements.

Even more confusingly, the definition of referral does not only consist of physician referrals but includes ordering designated health services or certifying the need for designated health services for which payment may be made. Essentially, if a physician makes a prohibited referral under the Stark Law, the entity may not submit a claim for reimbursement for the services provided to Medicare or other federal health care programs. However, it is generally understood that physicians who personally perform the DHS they order for their patients can structure referral arrangements without worrying about potential Stark violations, but those arrangements must be still be scrutinized under both the Stark Law and Anti-Kickback Statute. The following items or services are defined as Designated Health Services (DHS):

  1. Clinical laboratory services
  2. Physical therapy services
  3. Occupational therapy services
  4. Outpatient speech-language pathology services
  5. Radiology and certain other imaging services
  6. Radiation therapy services and supplies
  7. Durable medical equipment and supplies
  8. Parenteral and enteral nutrients, equipment, and supplies
  9. Prosthetics, orthotics, and prosthetic devices and supplies
  10. Home health services
  11. Outpatient prescription drugs
  12. Inpatient and outpatient hospital services

Stark Exceptions:

Generally, all of the exceptions to the Stark Law must comply with the regulations of the Centers of Medicare & Medicaid Services (CMS) and Stark, comply with the Anti-Kickback statute, and will only apply if the amount and volume of the referrals are not excessive. This can be difficult to navigate as each statute and each exception have very specific requirements. Something physicians and medical practices should be wary of is entering into arrangements where compensation is based on the value or volume of the physician’s referrals, as this is the basis of many Stark Law investigations. Physicians and entities should be aware that any referral arrangement that fits into one of the Stark Law exceptions must follow all of the requirements within the exception, which can be more difficult and confusing than it seems. Usually, an arrangement between a physician and an entity should be recorded as a written and signed agreement, for a term of one year, between the parties. The exceptions to the Stark Law typically fall into three categories based on the financial relationship the physician has with the referred entity. It should be noted that although an arrangement may appear to fall into a certain exception, it may not be strictly limited to that particular category or exception.

  1. Exceptions to both compensation and ownership or investment arrangements
  2. Physician Services
  3. In-Office Ancillary Services
  4. Services Furnished by an Organization to Enrollees
  5. Academic Medical Centers
  6. Implants Furnished by an Ambulatory Surgical Center (ASC)
  7. Eyeglasses and Contact Lenses After a Patient has Cataract Surgery
  8. EPO (Erythropoietin) and Other Prescription Drugs for Dialysis Patients who need Outpatient Treatment
  9. Preventative Services (Vaccines, Immunizations, etc.)
  10. Intra-Family Rural Referrals
  • Exception to only ownership or investment arrangements
  • Interest in Publicly Traded Securities (such as at the New York Stock Exchange)
  • Interest in Mutual Funds covered by the IRS
  • Interest in Certain Providers (such as rural providers)
  • Exceptions to only compensation arrangements
  • Rental of Office Space
  • Equipment Rental
  • Bona Fide Employee Relationship
  • Personal Service Arrangement (i.e. Independent Contractors)
  • Doctor Incentive Plan
  • Physician Recruitment
  • Charitable Contributions
  • Nonmonetary Compensation
  • Fair Market Value Compensation
  • Medical Staff Incidental Benefits
  • Risk-sharing Arrangements
  • Compliance Training
  • Indirect Compensation Arrangements
  • Obstetrical Malpractice Insurance Subsidies
  • Professional Courtesy
  • Retention Payments in Underserved Areas
  • Community-wide Health Information Systems
  • Electronic Prescribing Items and Services
  • Electronic Health Records Items and Services
  • Assistance to Compensate a Non-Physician Practitioner
  • Timeshare Arrangements

Anti-Kickback Statute:

Congress enacted the Anti-Kickback Statute in 1972 as part of the Social Security Amendments of 1972. It is widely known that the Anti-Kickback Statute prohibits any person or business from offering, solicitating, or accepting any kind of gift or remuneration in exchange for referrals of business reimbursable by a federal healthcare program. Unlike the Stark Law that was limited to DHS where a physician’s, or family member of the physician, has a financial interest, the Anti-Kickback Statute applies to any items or services. The Anti-kickback Statutes is broader than the Stark Law because it can apply to physicians, healthcare entities, and third parties, even if they are not a healthcare entity. Renumeration is defined as anything of value, which may implicate a wide range of payments including discounts, gifts, or, even, items given for free.

The federal Anti-Kickback Statute is a criminal statute. As such, normally, a violation of the Anti-Kickback Statute requires proof of improper intent to induce referrals. In other words, the Anti-Kickback Statute is violated when something of value is knowingly and willingly provided for the purpose of inducing referrals. The possible consequences of violating the Anti-Kickback Statute includes criminal penalties of a fine up to $25,000, a five-year prison term per kickback violation, and exclusion from Medicare, Medicaid, and other federal plans and programs. In addition, the civil penalties for violating the Anti-Kickback Statute can cost as much as $50,000 per kickback and three times the amount of damages sustained by the government. The penalties for Anti-Kickback violations can be imposed on both parties—the party receiving the kickback and on the party giving the kickback.

Anti-Kickback Exceptions:

Safe Harbor regulations were created to allow some payment and business practices to continue, even if they appear to violate the Anti-Kickback Statute. Usually the parties in question must meet the precise requirements of the Safe Harbor in order to be protected from prosecution or sanctions. Ordinarily, if a business arrangement does not fit squarely into a Safe Harbor, the arrangement must be assessed for Anti-Kickback compliance through an Office of the Inspector General (OIG) or U.S. Department of Health and Human Services regulation. Like the Stark Law, if a physician, health care entity, or third-party entity chooses to enter into a business arrangement, the parties must ensure that they are in full compliance with the requirements of whichever Safe Harbor they use. The Safe Harbors are wide ranging and can be complicated to interpret. A non-exclusive list of Safe Harbor exceptions are as follows:

  1. Investment Interests
  2. Space Rental
  3. Equipment Rental
  4. Personal Services and Management Contracts
  5. Sale of Practice
  6. Referral Services
  7. Warranties
  8. Discounts
  9. Employees
  10. Group Purchasing Organizations
  11. Waiver of Beneficiary Co-payment
  12. Increased Coverage, Reduced Cost-Sharing Amounts, or Reduced Premium Amounts
  13. Price Reductions Offered to Health Plans
  14. Practitioner Recruitment
  15. Obstetrical Malpractice Insurance Subsidies
  16. Cooperative Hospital Service Organizations
  17. Ambulatory Surgical Centers
  18. Referral Arrangements for Specialty Services
  19. Price Reductions Offered to Eligible Managed Care Organizations
  20. Price Reductions Offered by Contractors with Substantial Financial Risk to Managed Care Organizations
  21. Ambulance Replenishing
  22. Health Centers
  23. Electronic Prescribing Items and Services
  24. Electronic Health Records Items and Services
  25. Federally Qualified Health Centers and Medicare Advantage Organizations
  26. Medicare Coverage Gap Discount Program
  27. Local Transportation


Both the Stark Law and Anti-Kickback Statue arose out of congressional concern of renumeration provided for referrals. In particular, congress wanted to protect the integrity of the Medicare and Medicaid programs and prevent medically unnecessary treatments that were harmful to vulnerable populations. Both laws were strengthened and modified over time since their enactment to ensure that the intent of the statutes, and the healthcare provided, continues to meet the needs of Medicare and Medicaid recipients. Several government agencies are involved with the enforcement of the Stark Law and Anti-Kickback Statute including the Department of Justice, Department of Health and Human Services, and the Centers for Medicaid and Medicare. The False Claims Act is sometimes used to deter and redress healthcare fraud violations under the Stark Law and Anti-Kickback Statutes. In addition, the False Claims Act protects federal healthcare programs from claims that are false or fraudulent. The fact that a claim results from a kickback or is made in violation of the Stark law may render it false or fraudulent, and may result in liability under the False Claims Act, Anti-Kickback Statute, and/or Stark law.


Trang grew up in the Dallas suburb of Grand Prairie Texas. For undergraduate studies, Trang attended the University of Texas at Arlington where she earned her Bachelor of Arts in Communication and Journalism. In 2014, Trang attended St. Mary’s University School of Law in San Antonio, Texas, where she earned her Juris Doctorate. During her time at St. Mary’s, Trang was a staff writer for The Scholar: St. Mary’s Law Review on Race and Social Justice, a law review focused on issues affecting marginalized communities. Prior to joining Pasha Law, Trang worked at CAPCO, where she gained experience in real estate compliance, banking, mortgages, and finance. At Pasha Law, Trang has experience in corporate governance, business law, mergers and acquisitions, and contract law.

Get Business Legal Updates

Please provide your full name.
Please provide a valid email address.
We respect your privacy, and we will never share your information. Unsubscribe at any time.

Related Publications

Thank you to Sunday Press for having us at their first Sunday Supper. It was a beautiful event to attend while supporting AAPI and women in the healthcare and restaurant industry. From the food to the guest speaker, it was more than we could have expected!

May 23, 2022

RaDonda Vaught faces up to 8 years for negligent homicide after administering the wrong medication to her patient which led to her death. Healthcare professionals know that the job comes with risks, including mistakes and even the occasional lawsuit. Recent cases have many nurses, hospitals, and other employers worried about what can happen if their employees are charged criminally for a mistake.

April 6, 2022

Two healthcare systems in Wisconsin, ThedaCare and Ascension, are in a legal dispute over poaching employees. Just last week, ThedaCare filed a lawsuit against Ascension after seven key critical care employees gave notice of their resignation. Although the judge has since reversed an unusually order prohibiting the resignations, this matter brings up other issues like non-competes and the “great resignation” that employers around the nation are currently facing..

January 26, 2022

We all know who Christopher Duntsch is right? Or you may know him better as “Dr. Death”. In the latest Legally Sound | Smart Business by Pasha Law PC episode, Nasir and Matt discuss how he got the name “Dr. Death” and all of the legal implications that he faced for his actions.

January 26, 2022

In the latest Legally Sound | Smart Business by Pasha Law PC, Nasir and Matt discuss the infamous health technology company, Theranos. What happened to Theranos? What did they do wrong? These are the questions that Nasir and Matt will answer for you.

January 13, 2022

Many employers are now mandating vaccines in the workforce. By doing this, many workers are stepping out and making a stand. Ironically, there is a shortage of health care workers during COVID-19. In this segment, Nasir and Matt dive into the employment staffing in this episode of Legally Sound | Smart Business by Pasha Law…

January 6, 2022

In this episode of Legally Sound | Smart Business by Pasha Law PC, Nasir and Matt cover the Business of Healthcare. There is more to the healthcare industry than just doctors and nurses. Many Americans have health insurance to cover their yearly needs, but most Americans are not aware of what really goes on behind…

December 1, 2021

Even before HIPAA, healthcare providers were generally obligated at a state level for certain levels of privacy protections for their patients. HIPAA compliance, though a significant part of risk management, has become well-engrained in everyone’s policies and procedures and training. However, since 2018, healthcare providers that meet the criteria are now forced to comply with…

June 8, 2021

COVID’s Effect on Healthcare is Abating On May 7th, 2021, CIGNA announced that patients are utilizing preventative care at levels not seen since before the COVID-19 pandemic. Specifically, mammographies, vaccinations for children, cancer screenings, and colonoscopies have risen tremendously in the past few months and serve as early indicators of patients returning to pre-COVID habits….

May 18, 2021

An apparent ransomeware attack on Universal Health Services created a mass computer outage in facilities across the country, rendering some equipment useless and forcing facilities to resort to paper backup charting. UHC is a Fortune 500 company operating over 250 medical facilities and employing over 90,000 people across the entire US. The attack caused what…

October 9, 2020

The federal government proposed 16 Stark and Anti-Kickback rule changes in October 2019. The policy behind the changes was to make healthcare more accessible to patients and allow physicians to enter into arrangements to allow patients to get better care that would normally be prohibited under Stark and Anti-Kickback Statutes. The main proposed changes are…

September 9, 2020

On Monday, the Trump Administration issued executive orders permanently expanding Telehealth services beyond the COVID-19 pandemic, as well as directing HHS to create a new voluntary pilot payment model through CMS’ Centers for Medicare and Medicaid Innovation. This would provide rural hospitals a more consistent revenue stream based on providing high quality care. Read more…

August 5, 2020
Legally Sound Smart Business cover art

Legally Sound Smart Business

A business podcast with a legal twist

Legally Sound Smart Business is a podcast by Pasha Law PC covering different topics in business advice and news with a legal twist with attorneys Nasir Pasha and Matt Staub.
Apple Podcast badge
Google Podcast badge
Spotify Podcast badge

Latest Episodes

November 21, 2023

In this episode, Nasir Pasha and Matt Staub explore the legal implications of Artificial Intelligence in the business world. They delve into the most talked-about issue of 2023: AI and its impact on the legal landscape. Although AI isn’t necessarily a new topic, it has many unanswered questions in the legal world. Nasir and Matt…

July 12, 2023

In this episode, Attorney Nasir Pasha and Attorney Matt Staub delve deep into the complexities of mass layoffs and offer valuable insights, real-life examples, and practical advice to employers grappling with the aftermath of such challenging situations. Nasir and Matt emphasize the critical importance of effective communication when executing mass layoffs. They stress the need…

January 9, 2023

As the COVID-19 pandemic swept across the globe, businesses scrambled to adapt to the new reality it presented. In this blog post, we dive into the case of Goldman Sachs, a financial services giant, to examine their response to the crisis and the lessons other businesses can learn from their return-to-office strategy. From prioritizing employee…

October 28, 2022

Full Podcast Transcript NASIR: Finally, my two favorite worlds have collided – both the law and the chess – right here at Memorial Park in Houston, Texas. Windy day. We have some background noise – ambient noise. What are the two worlds that collided? Well, Hans Neimann has sued Magnus Carlsen for defamation in one…

September 26, 2022

Through a five-round championship bout, Matt travels to Texas from California to determine which state is better for business. Will it be a knockout with a clear winner or will it go to the scorecards?

July 7, 2022

Whether you are buying or selling a business, the transaction goes through the same steps. However, they are viewed from different perspectives. Sellers may not want to fully disclose all the blind spots while Buyers will want otherwise. Nasir and Matt battle it out in this Buyer vs. Seller to determine who has the advantage!…

May 12, 2022

When it comes to Restrictive Covenants, employers are fighting to keep their company safe while employees may use them to their advantage. Keep listening to find out if the Employer or the Employee wins this battle. Round 1: Trade Secrets A company’s trade secrets encompass a whole range of information and are one of the…

February 14, 2022

The Supreme Court rejected the nation’s vaccine mandate. Businesses with 100 or more employees are NOT required to have their employees vaccinated or go through weekly testings. However, this policy remains in effect for health care facilities. In this episode of Legally Sound | Smart Business, the team sat down to discuss their thoughts on this ruling.

December 1, 2021

In this episode of Legally Sound | Smart Business by Pasha Law PC, Nasir and Matt cover the Business of Healthcare. There is more to the healthcare industry than just doctors and nurses. Many Americans have health insurance to cover their yearly needs, but most Americans are not aware of what really goes on behind…

October 12, 2021

In our latest episode, Nasir and Matt are covering the legal issues on Social Media. The average person spends most of their day on social media, whether they are scrolling for hours or publishing their own content. However, just because you publish your own content on Instagram does not equate to you owning that image….

September 28, 2021

What is a Non-Disclosure Agreement, and when do I need one? In this episode, Nasir and Matt shares why you need to use Non-Disclosure Agreements, basic facts about NDA’s, and discuss about the infamous Jenner-Woods story. Having the right Non-Disclosure Agreement in place not only protects you and your business, but it also makes the…

June 16, 2021

Covered in this episode of Legally Sound Smart Business are some typical business mistakes blunders small businesses often make and how to avoid them. Blunder #1: Copying and pasting agreements It may sound like a good idea at the time, but this blunder comes with hidden pitfalls. Having an attorney draft terms that are specific…

February 4, 2021

How you terminate an employee can make the difference between a graceful transition to avoidable negative outcomes like a dramatic exit or even a lawsuit. We gathered a panel of experts and asked them – is there a “right way” to fire an employee? We would like to thank our guests for this episode: Amr…

December 2, 2020

The COVID-19 pandemic has turned nearly every aspect of life on its head, and that certainly holds true for the business world. In this episode, Matt and Nasir explain how the early days of the pandemic felt like the Wild West and how the shifting legal playing field left a lot open to interpretation and…

November 16, 2020

After plenty of ups and downs, our buyer has finally closed on the purchase of their business. While we’re marking this down in the ‘wins’ column, it never hurts to review the game tape. In this final episode, our hosts, Matt Staub and Nasir Pasha, return to the deal almost a year later to reflect…

September 15, 2020

The ink is drying on the signature line and things are looking great for our buyer. After so much hard work, the finish line is in sight and the cheering within ear shot.   Though the landlord is still serving friction, things seem safe to move forward and for now, our buyer will be keeping…

July 31, 2020

Though things are coming along well, the journey would not be interesting if it was purely smooth sailing. After our buyer opens escrow, they are forced to push the closing date back when suddenly a letter from an attorney was received claiming the business, we are buying has a trade mark on the name!  Now…

June 12, 2020

With frustration at an all-time high and professionalism at an all-time low, our friend the Buyer has “had it” with the Seller and quite frankly their lack of knowledge. At present our Buyer is rightfully concerned that the latest misstep from our loose-lipped Seller will threaten not only the entire operation of the businesses but…

May 11, 2020

As we go deeper into the buying process, we start to uncover more challenges from our seller and encounter some of the wrenches they are tossing our way. When we last left off in episode three our team was knee deep in due diligence for our buyer, had already penned and signed the Letter of…

April 4, 2020

One word–interloper! When a new mysterious broker enters the transaction and starts to kick up dust, Nasir and Matt take the reins. The seller signed off on the letter of intent (see episode 2), yet this “business broker” serves only friction and challenges by refusing to send financials, whilst demanding more of a firm commitment…

April 4, 2020

Just as most stories and deals start out, everyone is optimistic, idealistic and full of hope for clear skies. It’s a perfect outlook with a perfect setup for the ups and downs yet to come. Peek further behind the curtain and into the first steps of buying a business: the letter of intent. After the…

April 4, 2020

When a savvy buyer hears opportunity knocking to purchase a prime positioned business, she decides not to go it alone and taps in the professionals to help navigate what could potentially be a fruitful acquisition. “Behind the Buy” is a truly rare and exclusive peak into the actual process, dangers, pitfalls and achievements, that can…

August 7, 2019

GrubHub is subject to two “matters of controversy” that have likely become common knowledge to business owners: “fake” orders and unfriendly microsites.

May 28, 2019

In this podcast episode, Matt and Nasir breakdown the legal issues of the subscription industry’s business on the internet. Resources A good 50-state survey for data breach notifications as of July 2018. California Auto-Renewal Law (July 2018) Privacy Policies Law by State Why Users of Ashley Madison May Not Sue for Data Breach [e210] Ultimate…

March 12, 2019

In recording this episode’s topic on the business buying process, Matt’s metaphor, in comparing the process to getting married probably went too far, but they do resemble one another. Listen to the episode for legal advice on buying a business.

December 3, 2018

Nasir and Matt return to discuss the different options available to companies looking to raise funds through general solicitation and crowdfunding. They discuss the rules associated with the various offerings under SEC regulations and state laws, as well as more informal arrangements. The two also discuss the intriguing story about a couple who raised over…

July 24, 2018

Flight Sim Labs, a software add-on creator for flight simulators, stepped into a PR disaster and possibly some substantial legal issues when it allegedly included a Trojan horse of sorts as malware to combat pirating of its $100 Airbus A320 software. The hidden test.exe file triggered anti-virus software for good reason as it was actually…

April 17, 2018

Attorneys Matt Staub and Nasir Pasha examine Mark Zuckerberg’s congressional hearings about the state of Facebook. The two also discuss Cambridge Analytica and the series of events that led to the congressional hearings, the former and current versions of Facebook’s Terms of Service, and how businesses should be handling data privacy. Full Podcast Transcript NASIR:…

March 10, 2018

The Trump presidency has led to a major increase in ICE immigration enforcement. It’s critical for business owners to both comply with and know their rights when it comes to an ICE audit or raid. Nasir, Matt, and Pasha Law attorney Karen McConville discuss how businesses can prepare for potential ICE action and how to…

February 5, 2018

New years always bring new laws. Effective January 1, 2018, California has made general contractors jointly liable for the unpaid wages, fringe benefits, and other benefit payments of a subcontractor. Nasir and Matt discuss who the new law applies to and how this affects all tiers in the general contractor-subcontractor relationship. Click here to learn…

January 2, 2018

With a seemingly endless amount of new mattress options becoming available, it is unsurprising that the market has become increasingly aggressive. As companies invest in more innovative solutions to get in front of customers, review sites, blogs and YouTube videos have moved to the forefront of how customers are deciding on their mattresses and how…

December 7, 2017

In recent months explosive amounts of high profile allegations of sexual harassment, assault, and varying acts of inappropriate behavior have transcended every sector of our professional world. With a deluge from Hollywood and politics, and the private workforce, accusations have inundated our feeds and mass media. This harassment watershed has not only been felt within…

November 16, 2017

If you are not familiar with the EB-5 program started in 1990 to give green cards to certain qualified investors in the United States, then you may not have been alone a few years ago. Currently, the EB-5 program has since exploded since its inception and now hits its quotas consistently each year. The program…

October 10, 2017

Government requests come in multiple forms. They can come in as requests for client information or even in the form of investigating your company or your employees. Requests for Client Information General Rule to Follow Without understanding the nuances of criminal and constitutional law and having to cite Supreme Court cases, any government requests for…

August 24, 2017

Nasir and Matt suit up to talk about everything pertaining to employee dress codes. They discuss the Federal laws that govern many rules for employers, as well as state specific nuances in California and other states. The two also emphasize the difficulty in identifyingreligious expression in dress and appearance, how gender-related dress codes have evolved…

June 28, 2017

Nasir and Matt discuss the life cycle of a negative online review. They talk about how businesses should properly respond, how to determine if the review is defamatory, the options available to seek removal of the review, how to identify anonymous reviewers, whether businesses can require clients to agree not to write negative reviews, and…

June 7, 2017

On this episode of the Ultimate Legal Breakdown, Nasir and Mattbreak down social media marketing withguests Tyler Sickmeyer and Kyle Weberof Fidelitas Development. They first discuss contests and promotionsand talk about where social media promotions can go wrong,when businesses are actually running an illegal lottery, and the importance of a soundterms and conditions. Next, they…

April 3, 2017

On this episode of the Ultimate Legal Breakdown, Nasir and Matt go in depth with the subscription box business. They discuss where subscription box companies have gone wrong(4:30), the importance of a specifically tailored terms and conditions(6:30), how to structure return policies (11:45), product liability concerns (14:45),the offensive and defensive side of intellectual property (19:00),…

February 1, 2017

Nasir and Matt discuss the suit against Apple that resultedfrom a car crashed caused by the use of FaceTime while driving. They also discuss howforeseeable use of apps can increase liability for companies. Full Podcast Transcript NASIR: Hi and welcome to Legally Sound Smart Business! I’m Nasir Pasha. MATT: And I’m Matt Staub. Two attorneys…

January 5, 2017

The guys kick in the new year by first discussing Cinnabon’s portrayal of Carrie Fisher as Princess Leia soon after her death, as well as other gaffes involving Prince and David Bowie. They alsotalk about right of publicity claims companies could be held liable for based on using someone’s name or likeness for commercial gain.

December 22, 2016

Nasir and Matt discuss the recent incidentat a Victoria’s Secret store where the store manager kicked out all black women after one black woman was caught shoplifting. They then each present dueling steps businesses should take when employees are accused of harassment.

December 8, 2016

Nasir and Matt return to talk about the different types of clients that may have outstanding invoices and how businesses can convert unpaid bills to getting paid.

November 10, 2016

After a long break, Nasir and Matt are back to discuss a Milwaukee frozen custard stand that is now revising it’s English only policy for employees. The guys also discuss how similar policies could be grounds for discrimination and what employers can do to revise their policies.

October 6, 2016

The guys discuss the new California law that allows actors to request the removal of their date of birth and birthdays on their IMDB page and why they think the law won’t last. They also discuss how age discrimination claims arise for business owner.

September 29, 2016

Nasir and Matt discuss the racial discrimination claims surroundingAirbnb and how it’s handled the situation. They also discuss some practical tips for businesses experiencing similar issues.

September 8, 2016

Nasir and Matt discuss whyAmazon seller accounts are getting suspended and banned without notice and how business owners can rectify this situation through a Corrective Action Plan.

August 25, 2016

Nasir and Matt talk about the accusations surroundingfashion giant Zararipping off the designs of independent artists like Tuesday Bassen and howsmaller companies can battle the industry giants.

August 18, 2016

Nasir and Matt discuss Brave Software’s ad replacing technology that has caught the eye of almost every national newspaper and has a potential copyright infringement claim looming. They also welcome digital marketing expert Matt Michaelree to speak on the specifics of what Brave is attempting to do and whether it has the answers moving forward.

July 28, 2016

Nasir and Matt discuss the sexual harassment lawsuit filed by Gretchen Carlson against Fox CEO Roger Ailes. They also talk aboutthe importance of sexual harassment training and properly handling such allegations in the office.

July 15, 2016

Nasir and Matt talk about the changes at Starbucks that have led to many disgruntled employees and customers.

We represent businesses.
That’s all we do.

Oh, and we love it.

We love our work. We love reviewing that lease for your new location. We thrive on closing that acquisition that nearly fell through. We’re fulfilled when we structure a business to grow, raise capital, and be legally protected.

We focus on developing close relationships with our clients by being like business partners. A partner who provides essential, personalized, proactive legal support.

We do all of this without utilizing the traditional billable hour model. You pay for the value we bring, not the time spent on calls, emails, and meetings.

Our team is made up of attorneys and staff that share these values and we are retained by clients who want the same.

Pasha Law PC operates in the states of California, Illinois, New York, and Texas.

Meet Our Team

Fractional General Counsel Services

Pasha Law Select offers the expertise of a high-end general counsel legal team for every aspect of your business at a fixed monthly rate. Pasha Law Select is deliberately designed to allow our legal team to be proactive, to anticipate, and to be comprehensive in serving our clients. To be great lawyers, we need to know our clients. We can’t know our clients unless we represent a select number of clients in the long-term. This is Pasha Law Select.

Learn More