practice areas

Boumil Law Offices provides service in the following areas of practice:

• All aspects of Health Care organizations including regulatory compliance
• Corporations & Business Formation
• Litigation in State and Federal Courts
• Contract Law
• Real Estate Law and Development
• White Collar Crime
• Personal Injury
• Products Liability Litigation
• Environmental hazards

MORE ABOUT CONTRACTS

“Good walls good neighbors make”
Robert Frost, “Mending Walls”

The flow of modern commerce is lubricated by precise and straightforward contractual language. Ambiguity is the harbinger of mistrust and ultimately the choice between expensive litigation and unjustified loss. Perhaps sadly, but definitely, gone are the days when the mere handshake of two persons was sufficient to seal an agreement.

We have found that most executives who contemplate or conclude business transactions of substance desire to have the benefits and burdens of their transactions simply but completely expressed. Serious businesses seldom seek to gain advantage through contractual obfuscation, and even more rarely, through intentional deception. “Boilerplate” phrasing neglects the particularity of individual needs and generates needless confusion.

People who understand their agreements are much more likely to honor them. In the event of unexpected difficulty. Clearly written contracts are more likely enforced by the courts. Understanding begins with clarity and precision from legal counsel.

Litigation – the expense and stress of Court proceedings typically results from the different parties to a contract forming different expectations from the same document.

THOUGHTS ON CORPORATE MATTERS & BUSINESS FORMATION

Thirty years ago, the choice of business entities available to either a “startup” or established business was limited. However, as the “global economy” has developed, entrepreneurs are faced with a dizzying array of legal entities, jurisdictions, and combinations of entities and jurisdictions, each of which may have significantly different procedural and liability impacts.

When should a small business incorporate? When should a limited liability company be chosen over a limited partnership? When is it desirable to raise venture capital from internet sources? How do you protect your business Trademark and Trade secrets? When under what circumstances and conditions is it desirable to bring in venture capital investors into a new or established business? What is needed so that “partners” understand their obligations and work in harmony toward a common goal ?

Business Formation
Massachusetts offers prospective “startups”, a choice among several different forms of legal entity, among the most prominent of which are:

• Corporation
• General Partnership
• Limited Partnership
• Limited Liability Company (business or professional)

Each form has different consequences for its participants. Rights to participate in management and profits need to be carefully considered – not only with respect to how the business may currently exist, but as it may exist based upon a range of growth projections, and the need to bring in additional venture capital. Each form of legal entity (except the general partnership) can insulate investors from personal liability – but only to the extent that the legal formalities are properly established and maintained. Purchasing a cheap “on line” and “one size fits all” canned entity may be the most costly decision a business ever makes. Cheap on line products have not rendered obsolete the time tested observation that: “You get what you pay for”.

LITIGATION IN STATE AND FEDERAL COURT

On occasion even the best business deals, or the most well-planned activities of life take unanticipated twists and turns. In such an event having a seasoned litigator by your side may be your most potent weapon. Litigation rests upon a quagmire of intricate rules that are only a mine field for all but the most experienced.

When litigation has been initiated or is unavoidable, the ability to react both swiftly and with confidence is required. Boumil Law Offices has over four decades of experience in the State and Federal Courts of numerous jurisdictions.

Background in Real Estate Law and Development
Attorney Boumil has 45 years of broad experience in real estate. He has represented numerous consumers, businesses and financial institutions in loan transactions. He has represented buyers and sellers in large commercial deals including office and apartment buildings, hotels and shopping centers. He has taken numerous large parcels of land all the way through the development process, from concept planning to environmental review, to the subdivision and planned unit development process. His real estate experience includes participation as a principal in numerous projects including residential units, office parks and office buildings. Having experience as a principal, where one’s own money is “on the line”, brings a keen perspective to the process of land development. It is far easier to understand the needs and vision of a developer if you are one.

HEALTHCARE LAW

Boumil Law Offices has represented numerous health care companies in the development, reorganization, merger, and transfer / sale phases. Health care regulation has been described by several United States Courts as among the most complex areas of law ever created. Often an interpretation of an obscure regulation can mean the difference between being properly reimbursed or prosecuted for fraud. Boumil Law Offices has successfully handled numerous regulatory challenges to Medicare and Medicaid billings, as well as those from insurers. “Class Action” claims by employees for often frivolous “damages” are sometimes used as “extortionate” tools to extract large settlements from health care employers who fear becoming emmeshed in a regulatory quagmire. Knowing which cases to fight and which cases to settle is greatly assisted by a depth of experience in the field.

The particularities of companies serving in the health care field, whether providing home health care, group practices of physicians, telehealth companies, or device manufacturers require careful attention, experience, and depth of knowledge.

“WHITE COLLAR” CRIME

Boumil Law Offices is experienced in the defense of White-Collar Crimes, and more particularly, the intricate digital forensics that now surround such charges. “Crimes” mainly consisting of alleged regulatory violations, often involve tens or hundreds of thousands of documents procured from online “cloud” services, office “servers” or third-party vendors of medical practice management systems. Understanding how such records are maintained and the forensic particularities required to access them in a reliable manner is essential to a modern defense of “corporate fraud” claims. Boumil Law offices not only has experience in real world programming techniques, it has ready access to some of the USA’s top digital forensic experts who have testified at Daubert hearings for our clients on the unreliability of many techniques or the extraction of digital “evidence” employed by law enforcement agencies. Knowledge of digital forensics is often a powerful defense to claims of billing irregularities by payees such as Medicare, Medicaid, and derivative payer sources.

Likewise Boumil Law offices is experienced in the techniques of statistical analysis utilized by State and Federal agencies to “project” damages from small and often unrepresentative samples of alleged billing irregularities. In depth knowledge of the regulatory environment, its practical application “in the field”, digital forensics, and statistical analysis is the foundation of any well planned defense of inappropriate billing claims.

PRODUCTS LIABILITY LITIGATION

Personal Injury and loss of the capacity to earn a living caused by a product or device is often compensable. Injury does not lead to automatic recovery. Insurers employ hundreds of attorneys and investigators all with the single-minded purpose of minimizing the amount of money paid to people who have lost health, suffered pain, and endure economic hardship.

Simply put, the goal of an insurer is much more often (if not exclusively) to protect its profit margin than to restore what you have lost. Boumil Law Offices handles personal injury cases in a prompt and ethical manner. Injury cases are often taken on a “contingency fee” which means that there are no attorney’s fees unless money is recovered. However, the client always remains liable for out-of-pocket costs, such as Court filings fees, sheriff’s fees, experts, stenographers and so on. For a more complete listing, please see the “sample fee agreements” tab. No reputable attorney guarantees the results of any personal injury case. We do promise to honor the Boy Scout motto: “Be prepared.”

If you want to accurately measure how much an attorney may help you, do not look to when he last appeared in a TV ad acting like a used car salesman, but when he won a case in Court.

Currently Boumil Law Offices is representing (in Federal Court) over 150 victims of PFOS (“forever chemical”) contamination of drinking water supplies. Once again, a background in science and the scientific method provides the foundation of effective representation.

Copyright 2022 by S. James Boumil, Esq. All rights reserved.