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Happy 5th Birthday, MAZURKRAEMER BUSINESS LAW!

October 22, 2014

5thbirthdaymmHappy 5th Birthday, MAZURKRAEMER! Thank you to all of our friends and family and valued clients for making this dream a reality. Here is to another 30 years!

I gushed in our 2013 Christmas Card about how thankful  I am every day for this opportunity to serve and work in this way.

GRATEFUL.

Social Media Advisory Counsel Formed in Aftermath of Steubenville Rape Case

October 3, 2014

sma-counsel-logoOn August 11, 2012, the unthinkable in social media happens in my hometown community.   Read here for details regarding the Steubenville  rape case.

As a part of my work as a lawyer, I have given several presentations/talks about social media (both pros and cons for the professional, the business, and the student).  We also have drafted several social media policies for various entities.  In the aftermath of the Steubenville rape case, my firm was contacted to assist the Social Media Advisory Counsel (SMAC) with obtaining its 501(c)(3) non profit status.

Just last week on September 30, 2014, SMAC kicked off with a press conference at the Millsop Community Center in Weirton, WV.  View television coverage of the press conference here.  (that is me live tweeting about the event on my iPhone).

Established in June 2013, the Counsel’s mission is to advocate acceptable ways to communicate on different social media platforms and to bring this information to schools, businesses, government agencies, civic groups and associations in our community.

You can view their website at http://www.SMACounsel.org for information and safety tips on all leading social media platforms such as Facebook, YouTube, Pinterest, Twitter and much more. Also included is the “4Way Test” (same test employed by Rotary members) for good communicating on any social media platform.

Some important things to remember while using social media include:

  • Is it the Truth?
  • Is it fair to all involved?
  • Will it build goodwill and better friendship?
  • Will it be beneficial to all concerned?

Using these four questions, we can all help to build healthy and positive communication on all levels.  Other ways to help include to use the website and tell others about it and send in good examples to be posted on the website.   You can also support the Rotary Club of Weirton Heights’ Annual Mardi Gras on February 14, 2015.  Proceeds will be going to SMAC.

We will keep you posted re: SMAC’s ongoings.  There is definitely a continued and growing need for education regarding the use of social media in our society.  Our firm is proud to work with SMAC.

For more information, contact SMAC Director, Dave Whalen at 304.676.5866

Authors: Salene Kraemer and Stephanie O’Brien

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Super Lawyers Rising Star Recognition: They Will Tell You No. You Will Tell Them Yes.

September 24, 2014

 To be a Rising Star, you have to be under 40.  Whew.  I just made the cutoff (Sept. 16th). 

I wasn’t going to write this post, but I feel compelled to do so.

 Years ago, a former boss told me that, “There can be only so many rising stars in the office and you aren’t going to be one of them.”  I was astounded. 

I knew right then and there that I would have to do things in a non traditional way in order to become the best lawyer that I wanted to be.  And, indeed, my path has had unforeseen twists and turns.  

The date I found out about the recognition, I wrote a quote on Facebook from a NIKE AD that I had pasted to my college dorm room closet in 1992. A simple Google image search later, and here is same exact ad:

tellthemyes

 

When I speak to young people about success (not that I am by any means the authority), I tell them that only you yourself (not your boss, co-worker, mother, father, grandparent, best “friend”, brother, sister, teacher, boyfriend, husband, wife, child, coach) knows your capability and talent.  Mute out negative voices of people who may claim to know the depths of your intellect, drive, discipline, and talent in any aspect of your life.  Only you see your dreams at night, only you can hear your heart palpitate when something excites you.  All your life people will tell you no. NO. NO. NO.  A thousand times no. But you will tell them yes.  YES. YES. YES. A thousand times yes.  

Below is our Press Release we recently circulated regarding my recent Super Lawyers Rising Star Recognition. 

 OFFICAL PRESS RELEASE:

Super Lawyers Recognizes Salene Mazur Kraemer, of MAZURKRAEMER BUSINESS LAW, As “Rising Star”

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 WEIRTON, WEST VIRGINIA, September 21, 2014.  —-On June 13, 2014, Super Lawyers magazine published its annual recognition list which includes Salene Mazur Kraemer, of MAZURKRAEMER Business Law, as a “Rising Star” for the State of West Virginia in the fields of business and bankruptcy law.

Ms. Kraemer is a resident of Mount Lebanon township, Pittsburgh, Pennsylvania and a native of Weirton, West Virginia.

Super Lawyers’ Rising Star list highlights emerging attorneys who are either under the age of 40 or who have been practicing law for 10 or fewer years.

Super Lawyers rates outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Attorneys are selected based on a rigorous, multiphase rating process that includes peer nominations, evaluations and third party research of 12 key categories. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. The list is published online and in a magazine called West Virginia and Virginia Super Lawyers.Print

Just two and half percent (2.5%) of all lawyers in West Virginia are named to this “Rising Star” list each year by Super Lawyers.magazine insert

Salene earned her B.A. as a University Honors Scholar, and Masters in Business Administration, from West Virginia University, both magna cum laude. She earned her J.D. from Villanova University. An active blogger and former turnaround management consultant, she earned a Certified Turnaround Analyst designation from the Turnaround Management Association. Salene is a member of West Virginia, New Jersey, New York, and Pennsylvania State Bars.

“I am honored to be recognized by Super Lawyers for my experience in business and bankruptcy law,” said Salene Mazur Kraemer. “My path as a lawyer has not been a traditional one. I have always been passionate about the practice of law and committed to excellence in my field. This is a great 40th birthday gift.”

Salene is the founding principal of MAZURKRAEMER, an entrepreneurial business law and consulting firm in tune with how technology has changed the legal and business landscape of our time. Your go-to business and bankruptcy confidantes, the firm offers attentive legal and business consulting services, without compromising technical skill or experience. With offices in Weirton, West Virginia, and Pittsburgh, PA, MAZURKRAEMER counsels entrepreneurs and small to middle market companies at every stage of the business cycle in a broad range of business transactions, particularly reorganization.

Salene concentrates her particular practice on commercial bankruptcy law, along with general business and litigation counseling. She has and continues to represent businesses and individuals in bankruptcy courts all over the country.

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What Will Happen to the August Wilson Center?

September 23, 2014

by Matthew Smith, Associate

augustwilsonThe August Wilson Center for African American Culture is at the center of a legal battle in the Allegheny County Court of Common Pleas, Orphan Division. The stunning Center is housed in a 65,000 square-foot location at 980 Liberty Avenue in Downtown Pittsburgh’s Cultural District. The location was built in 2006 using a nearly $8 million loan from Dollar Bank. As collateral for the loan, Dollar Bank has a mortgage on the property. However, by September, 2013, the Center had become delinquent in its loan payments, and Dollar Bank began foreclosure proceedings. By November, 2013, former Chief Bankruptcy Judge for the Western District of Pennsylvania Judith K. Fitzgerald was appointed as a conservator.   A conservator is a guardian and protector appointed by a judge to manage the financial affairs and/or daily operations.

Since the Center has entered into conservatorship, a New York development company, 980 Liberty LLC, has put forth a $9.8 million bid for the Center. 980 Liberty proposes to convert roughly half of the Center’s square-footage into a 200-room luxury hotel. Local foundations have resisted this overture. Instead, the local foundations prefer to allow a sheriff sale of the property scheduled for October 6, 2014 to proceed. However, former Judge Fitzgerald filed a motion on September 17, 2014 with the Allegheny Court of Common Pleas seeking to delay the sheriff sale. However, Judge Lawrence O’Toole rejected this motion, yesterday.

Now, the fate of the Center will likely be determined at a critical hearing on Monday, September 29, 2014. The Court is set to review the covenants on the property put in place by Pittsburgh Urban Redevelopment Authority when it granted the right for the Center to be built. These covenants may restrict the use of the Center solely to promotion and advancement of African-American arts and culture. The covenants also require the approval of the city for any changes to the exterior of the complex. If Judge O’Toole upholds the covenants, not only will the offer of 980 Liberty become moot, it could jeopardize the viability of the sheriff sale on October 6th. In such an instance, local foundations would likely be the only bidders, and Dollar Bank would be left with millions in losses. However, if Judge O’Toole strikes down the covenants, then the path would be cleared either for the bid from 980 Liberty or for the sheriff sale.

What if Lights Go Out in a Hospital Due to Bankruptcy: Appointment of Patient Ombudsman

September 22, 2014

ombudsmanby Salene Mazur Kraemer, Esquire and Matthew Smith, Associate 

Your loved one is in a hospital or nursing home that just filed for Chapter 11 bankruptcy.   Should you be concerned about care?

A patient ombudsman will be appointed any time a “health care business”(i.e., a hospital or nursing home facility) files for bankruptcy.   Specifically, Rule 2007.2 of the Federal Rules of Bankruptcy Procedure provides that the bankruptcy court “shall order the appointment” of the ombudsman unless a party in interest or the United States trustee files a motion within 21 days of the commencement of the case (unless the court sets another deadline).   See Fed. R. Bankr. Proc. 2007.2.

It is questionable whether some facilities are classified as “health care businesses”.

The Bankruptcy Code defines “health care business at 11. U.S. C. § 101 (27A):

The term “health care business”—

`(A) means any public or private entity (without regard to whether that entity is organized for profit or not for profit) that is primarily engaged in offering to the general public facilities and services for—   (i) the diagnosis or treatment of injury, deformity, or disease; and  (ii) surgical, drug treatment, psychiatric, or obstetric care; and 

 (B) includes—   (i) any—   (I) general or specialized hospital;  (II) ancillary ambulatory, emergency, or surgical treatment facility;   (III) hospice;   (IV) home health agency; and   (V) other health care institution that is similar to an entity referred to in subclause (I), (II), (III), or (IV); and  (ii) any long-term care facility, including any—   (I) skilled nursing facility;   (II) intermediate care facility;  (III) assisted living facility;   (IV) home for the aged;   (V) domiciliary care facility; and   (VI) health care institution that is related to a facility referred to in subclause (I), (II), (III), (IV), or (V), if that institution is primarily engaged in offering room, board, laundry, or personal assistance with activities of daily living and incidentals to activities of daily living.

A patient ombudsman is appointed to ensure the quality and continuity of medical care provided and to represent the interest of patients. During a chapter 11 bankruptcy of a health care business, Section 333(a)(1) requires the Court to appoint an ombudsman to monitor the quality of patient care “unless the court finds that the appointment of such ombudsman is not necessary for the protection of patients under the specific facts of the case.”   Such a finding is largely a factual determination, and should be made only after an evidentiary hearing. See generally, In re Alternate Family Care, 377 B.R. 754, 758, 58 Collier Bankr. Cas.2d 1531 (Bankr. S.D. Fla. 2007).

The Alternate Family Care Court laid out “nine salient factors” for examining whether a patient ombudsman was required. Id. These factors have subsequently been adopted by other courts. In re Valley Health System, 381 B.R. 756, 761 (Bankr. C.D. Cal. 2008); In re North Shore Hematology-Oncology Associates, P.C., 400 B.R. 7, 11 (Bankr. E.D.N.Y. 2008). Some of these salient factors include: “

  • the cause of the bankruptcy
  • debtor’s past history of patient care
  •  the ability of patients to protect their rights;
  • the presence and sufficiency of internal safeguards to ensure appropriate level of care
  • the impact of the cost of an ombudsman on the likelihood of a successful reorganization.”

In re Alternate Family Care, 377 B.R. at 758.

Other factors include:

  • adequate internal protocols for protecting patient information.
  • revenue projections through the bankruptcy would allow for a maintaining of the current quality of patient care
  • additional administrative cost of an ombudsman was not justified as it may impair the ability of debtor to reorganize. Id.
  • whether current operations were very limited.

See In re William L. Saber, M.D., P.C., 369 B.R. 631, 637–38 (Bankr. D. Colo. 2007)(avoiding appointment of ombudsman where sole practitioner filed for bankruptcy as a result of contractual dispute with a former employee).  See also In re Banes, 355 B.R. 532, 536 (Bankr. M.D.N.C. 2006) (court declined to appoint patient care ombudsman where debtor had ceased operations and closed her dental practice).

If your local hospital files for Chapter 11 bankruptcy and you have any concerns regarding patient care, contact the attorney for the debtor.  His or her information will be listed on the docket which should appear in a google search of the name of the debtor.  Or, call the Bankruptcy Court in which the case is pending.

Lessons in Loss: Keep Grieving or Start Consciously Living

September 19, 2014

(this is not about business- but this could apply to any type of loss, including loss of a job or of business)

DSC_0589September 19 is indelibly etched in my memory for all eternity (the day my dad passed 7 years ago). This isn’t going to be a sad post. I don’t want to pour over the details of that specific day, either. Besides, Dad, with his megawatt smile and silly sense of humor, would not want us to be sad. He was a positive person.

Instead, I want to share with you what I have learned about grief and loss.

A few years ago, I chose to curb my grieving and to start consciously living, deliberately in the way in which he did and how he would have wanted me to live.

Dad used to say all the time, “The best things in life are free.” And, when we were enjoying the simplest pleasures, he would say, “Now, THIS, is living.”

I am not sure at what point my perspective switched from heavy grief to this “conscious Raymond Mazur living” with an acute everyday awareness of how he has influenced who I am (who my kids are) and who my siblings and nieces and nephews are and who my mom has become.  It didn’t happen overnight. It took me some time (and some grief counseling).

It is a pretty cathartic thing though if you can turn the corner.

Dad left big shoes to fill (size 14 actually) and a legacy as an athlete, intellectual, self-made man, musician, parent, husband, engineer, grandfather, outdoorsman, pilot, funny guy, brother, son.   We kids all strive to live our lives the way he did (and to live how my mom does.  I cannot leave her out.  She is just as awesome. I did luck out in the parent department).

I remember actress Halle Berry saying that she feels closer to her dad after his death than she did in his life.   I keep my dad alive and close by every day by consciously living his way.   And at times I feel like, he has never left us.  My kids, who never got a chance to meet him, call him “Peepaw”, as my other nieces and nephews did.

Next weekend, I am going family camping again in the Pennsylvania mountains, like Dad would have loved. I am going to hike like we used to. I am going to swim and jog like he used to. I am going to sit around a campfire like he used to make, I am going to play the guitar that he taught me how to play. I am going to take my children Keira and Jackson out in the kayak when the sun sets and say to them as I often do, “Now this is living.”

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