The Lease Is the Asset: Deal Side with Counsel David Allswang

The Lease Is the Asset: Deal Side with Counsel David Allswang

In this episode of Deal Side with Counsel, I speak with David Olswang, partner at Nixon Peabody, about why the lease is often the real asset in commercial real estate. We discuss office and retail leasing trends, tenant leverage, termination rights, assignment clauses, SNDAs, capital improvements, landlord lien waivers, and why small provisions can control the value, financeability, and future flexibility of a deal.

The Ground Is Moving Under ABA: Why Even the Best Clinics May Soon Feel the Shake with Barry Alexander

The ABA industry has matured clinically, but payors are now scrutinizing it in ways many providers did not anticipate. Barry Alexander of Polsinelli explains the growing gap between how ABA operators run their businesses and how payors evaluate documentation, utilization, and compliance.

ABA Enforcement Reality: Anti-Kickback, FCA & Growth Risk with Glenn Prives

Most ABA owners don’t set out to create legal risk. But operational decisions around referrals, compensation, supervision, and billing can quietly shape Anti-Kickback and False Claims Act exposure long before anyone realizes it. In this episode, Tzvi Weiser speaks with Glenn Prives, Shareholder at Baker Donelson, who works directly on healthcare enforcement and investigations. They discuss: • Why enforcement attention in ABA is rising • How investigations actually start (utilization outliers, whistleblowers, payer audits) • Anti-Kickback risks in referral relationships and rental arrangements • School-based ABA and beneficiary inducement concerns • W2 vs 1099 classification risk in diligence and enforcement • Productivity incentives and medical necessity drift • Out-of-network billing and routine copay waivers • When corporate compliance problems become personal liability The episode closes with three concrete steps ABA owners should take in the next 30 days to assess their risk. This conversation isn’t about fear. It’s about building clinics that withstand scrutiny, and sustain long-term value.

Building Businesses That Actually Last with Ira Zlotowitz

What actually determines whether a business survives? In this episode of Get Real, Get Weiser, I sit down with Ira Zlotowitz, who has structured billions in commercial real estate transactions, to talk about building companies from scratch that last through cycles. We cover: • Why revenue is the foundation of everything • The danger of perfecting product before proving demand • The first invisible failure in young companies • Why most startups really die • The difference between reversible mistakes and permanent decisions • How to think about timing, runway, and durability If you’re building something right now, or thinking about it, this is a conversation about survival, not hype. Listen in.

Operating ABA Clinics for Payment Scrutiny With Steve Antico – Partner Director Garfunkel Wild

In ABA, payment risk rarely begins with a formal audit. It begins quietly, through small operational decisions that drift over time. In this episode of the ABA Compliance & Legal Series, Tzvi Weiser speaks with Steven Antico, Partner & Director at Garfunkel Wild and Chair of the firm’s Behavioral Health Practice Group, about what payers actually scrutinize and where clinics get exposed. We cover: * How audits start (warrants, subpoenas, admin demands, overpayment letters) * Why payers flag clinics (duration of care, lack of documented improvement, billing patterns) * EMR pitfalls and how “outputs” can fail even when the data exist * Plan-by-plan rules you must track (diagnosis cadence, tools, credentials, modifiers) * Time reporting traps (breaks, transportation, “impossible” sessions) and extrapolation risk * Overlapping codes and why simultaneous billing gets attacked * Clinic-based services and the “daycare” characterization risk * What a compliance plan is (administrative), why plans ask for it, and what makes it real About NUCO Filings NUCO Filings provides entity formation, registered agent service, and ongoing compliance nationwide. We serve ABA operators across the country, and these conversations help us stay sharp on what clinics face under payment scrutiny. Disclaimer: This content is for educational and informational purposes only and does not constitute legal, tax, or medical advice. Nothing here creates an attorney-client relationship. For advice specific to your situation, consult qualified professionals.