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775.448.6070 WWW.SIERRACRESTLAW.COM We guide small business owners over rocky legal terrain so they can protect and grow their companies. PUT THAT BUSINESS DISPUTE BEHIND YOU! 3 Steps for a Quick and Easy Settlement August 2023
I love almost everything about running my firm, but there’s one part of business ownership I sometimes put off, which is reviewing and updating my budget. For some reason, this task opens a pit of unease in my stomach. I think it dates back to my childhood of scrimping and saving. It sometimes felt like we did not have enough money to support our family of two parents and seven kids, and “budgeting” meant our survival was at stake! Today, my firm has plenty of resources — but the discomfort still lingers. Budgeting is my personal hang-up, but I’ve noticed that most business owners put off something else: tackling business disputes. I know it can be tough to tell a great client they’ve fallen several months behind on their payments or hold one of your drinking buddies accountable for paying back that low-interest loan. But just like I have to face the budget, you have to face these issues — ideally sooner rather than later. When you’re up against a business dispute, you have two options: settle or go to court. If you decide to settle, here are three steps to make the process as pain-free as possible. Step 1: Know your ‘why.’ Why is settling a better option for you than going to court? Do you want to protect your privacy, or avoid handing your power to a judge, jury, or arbitrator? Maybe settling seems like the best way to contain your risks, or it will allow you to devote more time, resources, attention, and emotional energy to your business. (Those efforts could bring you 10 times the returns you’ll get scrounging for the last nickel in court.) There are many reasons to settle, and you need to know yours to let it guide you through the process. Step 2: Get your facts straight . A settlement is a race: The first person to get a handle on what is going on factually and legally will get the best result. To ensure that’s you, review the paperwork involved in the argument and discuss the issue with your attorney. There’s no time for assumptions, so don’t dive into negotiations thinking you’ll win simply because you’re smarter, better, or more honest than the other person. Rely on your facts!
stand and lay out their choices moving forward (e.g., “You can pay me back by X date, make a trade with me of an equivalent value to your debt by Y date, or I’ll take you to court.). Be realistic — don’t overplay your hand — and be sensitive to areas where you’re weak. I highly recommend strategizing with an attorney for 30–60 minutes before you make this phone call or write this email (the best contact method depends on your situation). Attorneys like ours can help you identify your best options. Personally, I always recommend what I call “self-help.” Before you threaten a lawsuit to force a settlement, look around for other, more affordable actions. Can you file a lien? Can you halt all services until they pay you? These actions are often just as effective but far easier and less costly. If you’re putting off resolving a business dispute (or a new conflict is brewing), reach out to us sooner rather than later. We’ll find the quickest, most affordable solution for you.
Step 3: Communicate your options and the strength of your position. Reach out to the other side to explain where things
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Healthy Financing or Financial Strain?
Is a Medical Credit Card Right for You? Medical expenses have steadily risen over the years, and individuals who have undergone extensive and invasive procedures have felt the cost increase. Even with insurance and payment plans, these expenses can drain your bank account in a few short months. To combat these charge accounts is relatively apparent, and the benefits coordinator or salesperson who tries to get you to sign up will focus heavily on these positives. If approved, you can put some or all of the medical expenses on the card and pay it off over time. Most
of these financing companies will offer 6–18 months of zero interest, so it can be an excellent option for people who can manage their credit and have the funds to pay it off in the allotted time. The problem with that interest-free period is if you miss or, in some cases, are late on a payment, the interest begins to accrue immediately. That interest is no joke, either! It’s often upward of 25%, and once that tacks on, it will feel like you’ll never be able to pay off the account.
this, many health care providers have started offering medical credit card accounts to help spread the cost over time. If a doctor, dentist, or medical specialist has recommended a pricey but necessary treatment, they may have offered to open a CareCredit or Synchrony account in your name. As tempting as it might be, you need to educate yourself about the fine print before signing up. Like everything in life, there are good and bad sides to opening a medical credit card to pay for treatment. The good side of
professionals who push them only have their own interests in mind. They don’t care if you’re already in extreme debt or live off a fixed income. Once you sign that agreement and treatment has been provided, there’s no backing out. Take some time to think about the terms of the credit contract and your other options before enrolling in a medical credit card. If you’re not in the best financial situation, it may cause more harm than good.
Another thing to remember is that these credit card companies and some medical
Lawsuits Every Cancer Patient Should Know About
If You’re Sick, You Could Be Compensated!
• Cancer-Causing Baby Powder — Johnson & Johnson’s talc- based baby powder is allegedly linked to ovarian cancer and mesothelioma. In April 2023, the company agreed to pay over $8.9 billion to 60,000 people sickened by its products. • Potentially Deadly Hair Straighteners — A 2022 National Institutes of Health study found a correlation between women’s use of chemical hair-straightening products and their frequency of uterine cancer. Law firms nationwide are actively taking clients for these cases, and we’ll likely see court battles soon. • Dangerous Weed Killer — According to Forbes, the agrochemical company Monsanto (now owned by Bayer) has settled over 100,000 lawsuits worth $11 billion related to its Roundup weed killer. Victims claim the weed killer causes blood cancers, including non-Hodgkin’s lymphoma and chronic lymphocytic leukemia. If you or someone you know is struggling with one of these cancers or one you think can be traced back to its manufacturer, reach out to a lawyer for help. Depending on your situation, attorneys can fight these cases as a class action, mass tort, workers’ compensation, or personal injury claim like Deanne’s. The sooner you seek legal help, the faster you’ll get justice.
In May 2022, a California woman named Deanne Warren won a $43 million lawsuit. Her argument was simple: She was sick, and the company her husband worked for was to blame. That might seem like thin reasoning, but there’s a long history of patients successfully suing over their illnesses. Deanne won her
case because her legal team proved her pleural mesothelioma (a type of lung
cancer) could be traced back to her carpenter husband’s work. He installed asbestos-filled doors over 40 years ago for Algoma Hardwoods in the late 1970s and early 1980s. Illnesses like cancer often strike at random — but when scientists can tie them back to a
cause (like asbestos), there are legal ways to hold the at-fault company or product accountable. Nationwide, millions
of Americans have made legal arguments like Deanne’s, blaming the people they worked for, the products they used, and even the U.S. government for their cancers. Here are just a few of them.
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SCBLG BLOG
OUR TEAM DRESSED UP FOR THE RENO RODEO!
We're huge fans of the 10-day Reno Rodeo, known as 'The Wildest, Richest Rodeo in the West'! The Reno Rodeo is a PRCA (Professional Rodeo Cowboys Association) sanctioned sporting event. Reno Rodeo is a nonprofit organization made up of almost 1,000 volunteers. Over 140,000 fans will be in attendance for the 4th richest PRCA tour rodeo. The event impacts the Reno/Sparks area economy with $42 million going to hotels, casinos, restaurants, and retail. The Reno Rodeo has been nationally televised. According to social media channels, Mayra, our receptionist, wore it best!
CONGRATS GRADS
Abigail is the daughter of our Intake and Referral Specialist Paola Gutierrez. Abigail Graduated from Albert M. Lowry High School. Abigail wants to be a nurse practitioner.
Lucas is the husband of our Intern Filing Clerk Raquel Garcia. Lucas Graduated from BYU-I with a Bachelor of Science in accounting.
Jessica is the sister of our receptionist Mayra Ibarra. Jessica graduated from Spanish Spring High School. Jessica wants to continue her studies in criminal justice/social work.
Adrian is the son of our Firm Administrator Maria Gutierrez. He received his promotion from Kindergarten to first grade. Adrian wants to be a doctor when he grows up.
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Newsletter Exclusive
HAPPY BIRTHDAY
Jerry Carter Firm Founder
Katlyn Mathy Associate Attorney
Kirk Montez Senior Attorney
Patty Carter Jerry's Mom
Liz Carter Jerry's Daughter
Camille Carter Jerry's Daughter
Iker Batres Maria's Son
Morelia Magana Paola's Daughter
WWW.SIERRACRESTLAW.COM Maria and her husband Milton Batres
Paola and her twin brother Pedro Gutierrez
Maureen McCue Paralegal
If you remember the name Francis Scott Key at all, you probably remember him as the poet whose piece “The Defense of Fort M’Henry” became “The Star-Spangled Banner.” As kids, most Americans learn about Key’s iconic moment writing the poem while standing on the deck of a ship during the War of 1812. There, with rockets exploding overhead, THE LITTLE-KNOWN STORY BEHIND OUR NATIONAL ANTHEM Its Author Was a Lawyer on the Job
BRAIN GAMES
SOLUTION
inspiration struck, and he scribbled a poem we still sing today. However, that vignette isn’t the whole story — far from it!
Key wasn’t a patriotic poet by trade. In fact, he only got the chance to write “The Defense of Fort M’Henry” because of his career as a lawyer. He was onboard a British ship that day not to write or fight but to negotiate the release of a prisoner of war named Dr. William Beanes.
TOMATO GNOCCHI KEBABS
According to Smithsonian Magazine, British soldiers captured Beanes when he tried to protect his Maryland home. The War of 1812 was well underway, and the British had already burned down the White House in Washington, D.C., and set their sights on Baltimore. When they swept Beanes off to a ship named the Tonnant floating in the Chesapeake Bay, Key attempted a legal rescue. Armed with a letter revealing Beanes had once treated British soldiers, Key successfully boarded the Tonnant and negotiated the doctor’s release on Sept. 13 — but it was too late for escape. The British troops were heading for Baltimore, so they kept Key and Beanes on deck in temporary captivity until the battle was over. The Tonnant was moored 8 miles from Maryland’s Fort McHenry, and its deck gave Key the perfect vantage point for poetic inspiration. According to Smithsonian, he said, “It seemed as though Mother Earth had opened and was vomiting shot and shell in a sheet of fire and brimstone.” The clash continued until dawn. Then, as Key watched, the sky lit up to reveal the American flag still flying over the fort. The lawyer quickly pulled a letter from his pocket and scribbled the words that would later become “The Star- Spangled Banner.” The British let Key and Beanes walk, and his poem became a national sensation — not bad for 24 hours of writing and lawyering!
Inspired by Delish.com
Ingredients
• 1/4 cup fresh parsley • 1/4 cup fresh basil • 1/4 cup and 2 tbsp extra-virgin olive oil, divided • 2 tsp capers • 1 tbsp fresh lemon juice • 1 clove garlic
• Kosher salt • 1 12-oz package fresh gnocchi • 2 pints cherry tomatoes • 2 small red onions, cut into 2-inch pieces • Freshly ground black pepper
Directions 1. In a food processor, combine parsley, basil, 1/4 cup oil, capers, lemon juice, and garlic to make salsa verde. Blend until smooth, season to taste with salt, and chill until ready to serve. 2. If using bamboo skewers, soak in water to prevent scorching. 3. In a large bowl, toss gnocchi, tomatoes, onions, and remaining oil until coated. Season with salt and pepper, then thread gnocchi, tomatoes, and onions onto the skewers. 4. On a grill preheated to medium-high, cook the kebabs, flipping halfway through, until the tomatoes are blistered and the gnocchi is browned (7–8 minutes). 5. Transfer kebabs to a platter, drizzle with salsa verde, and serve.
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INSIDE THIS ISSUE
Why and How to Settle a Business Dispute
1 2
Discover the Truth Behind Medical Credit Cards
‘I’m Sick, and I’m Suing!’
Tomato Gnocchi Kebabs
3
Wait ... A Lawyer Wrote Our National Anthem?
Find a Trustworthy Pet Sitter
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Your Family May Not Be Up to the Task! CHOOSE THE RIGHT SITTER FOR YOUR PET
Friends and Family vs. Professionals You may be tempted to ask your sibling, friend, or child to watch your pet. This can be a great solution because you trust them, and they’ve bonded with your furry friend already. But have you considered a professional? Some situations may call for a little more. Use these questions to help you decide: • Will your friend or family member be able to visit your home regularly or stay there temporarily while you’re gone to avoid disrupting your pet’s routine? • Does your pet have a disability or need to take medication that would be better handled by a professional? • Does your friend or family member know how to stay cool and react calmly in case of a veterinary emergency? If your loved one is pressed for time or easily stressed, or your pet has medical needs, you may be better off working with a professional.
How to Find the Right Pro When choosing a professional pet sitter, don’t start with the flier on the stop sign pole down the street (it was probably put up by a 10-year-old). Instead, call your pet’s vet, groomer, and/or trainer and ask if they can recommend a nearby pet sitter. You can also ask friends and family who are conscientious pet owners. Then, thoroughly check the sitter’s credentials and experience. Look for signs that they’re serious about their work, like certifications, insurance, and background check information, and set up an interview and meet-and-greet with your pet. If you can’t find a sitter through your network, consider online groups like the National Association of Professional Pet Sitters, Care.com, Pet Sitters International, Rover, or TrustedHousesitters, and use the same vetting strategy. For more help choosing a great sitter, visit HumaneSociety.org/resources.
When your children were young, you wouldn’t trust their care to any old babysitter, would you? Of course not! Now, your pets are no different. When you head out for a summer vacation, they deserve to be cared for by someone who will pamper and protect them the same way you would. The only problem is, who?
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