Smith + Malek, PLLC

We’re keeping a watchful eye as emerging AI technology impacts organization’s compliance with laws and regulations. From using AI to draft contracts to privacy concerns surrounding personal data, businesses staying abreast of the ever-evolving legal landscape need a legal partner. That's why we’re here. To partner with community leaders to protect their business interests and contribute to their long-term success. Get in touch with our dedicated business practice area team to partner to change the world for the better. #AI #LegalCounsel 

Clarity. Not just helpful when reviewing employee contracts, but in understanding your rights when it comes to the Family and Medical Leave Act (FMLA). FMLA is key to job-protected leave so you can care for your health and well-being, so we’re here to clarify questions. “Does FMLA cover mental health?” 💡In short, yes, anxiety or depression may qualify for FMLA eligibility. However, it must qualify as a serious health condition requiring either inpatient care or continuing treatment. 💡To qualify as a serious health condition, continuing treatment that includes a period of being unable to work and receiving care from a healthcare provider at least twice a year or ongoing treatment is required. 💡 An employee is eligible for FMLA if they work for a covered employer for at least 12 months and work at a location with at least 50 employees within 75 miles. Contact a member of our team today if you have experienced discrimination, retaliation, or discharge for exercising FMLA rights. #EmploymentLaw #FMLA

Saying goodbye to an employee doesn’t just come with heartache–but legal implications as well. That’s where non-disclosure agreements (NDAs) come in. How do NDAs work? An NDA sets ground rules between parties as to what constitutes confidential information and how, when and to whom it may be disclosed. NDAs can safeguard an organization’s invaluable knowledge and confidential information. NDAs are essential for fast-growing businesses that want to maintain a competitive edge in situations involving partnerships, mergers and acquisitions, employee relationships, and contractors or vendors. Need help setting up an NDA? Contact us today to learn how we can help safeguard your business interests. #Noncompete #EmploymentLaw

We’ve cast aside traditional processes to change the world for the better. That looks like: Team-based collaboration, where our employees work in small teams, which helps ensure that no one person stays late to finish the job. A mentorship focus built into our firm’s structure. Open discussions and strategies to manage stress efficiently and prevent burnout. #ClearCommunication #CollaborationOverCompetition #BurnOut

Among only 25 awardees from across the state, the Idaho Business Review selected two attorneys in our firm as 2024 Leaders in Law. Congratulations to Lauren Smyser in the Up & Coming category and Kimberly Smith in the Associate level!   A committee chose this year’s Leaders in Law based on their successes and how they’re raising standards for the legal world in Idaho today. Celebrate with us on Nov. 21 at Boise Centre on the Grove. Thank you to Idaho Business Review and the Leaders in Law committee for selecting Lauren and Kimberly!

The healthcare industry is ever-changing. Navigating legal challenges, from ensuring legal compliance and data privacy to the ethical use of AI, poses a challenge for Federally Qualified Health Centers. Our dedicated team of healthcare practice attorneys is here to support the critical needs of health centers so they can continue providing care to our communities. Contact our healthcare team at [email protected] or (208) 775-8083 for support. #LegalCounsel #CommunityImpact #BuildingBetterFutures

The 50th anniversary of Idaho’s Governor’s Cup was a hit! As a sponsor, we’re not just privy to a weekend of fun, community, and waterfront views. We’re committed to supporting Idaho students pursuing higher education in their home state. Thank you for another great event, Idaho’s Governor’s Cup!

Mining claims have gained renewed interest across Idaho. But untapped mineral resources don't translate to untapped laws and regulations. Mining lawyer and co-founder Peter Smith breaks down how engaging in the due diligence process can protect the long-term success of your mining venture. Check out the Bureau of Land Management article here https://lnkd.in/dz4KXxVd #MiningLaw #LegalSupport #BusinessStrategy

In the wake of SB 1329, we’re here to answer questions swirling about how recent changes in Idaho’s healthcare law impact you. ➡ How do consent forms work? Consent forms are required to authorize a health provider to legally furnish healthcare services to minors. However, parents or legal guardians can provide one blanket consent form which authorizes healthcare providers to provide all minor’s healthcare services. ➡ Who, other than biological parents, can offer consent? According to SB 1329, only a “biological parent of a child, an adoptive parent of a child, or an individual who has been granted exclusive right and authority over the welfare of a child under state law” can provide consent. This undoubtedly muddles nuances as families navigate consent with shared custody, relatives, or temporary caregivers. However, a parent can delegate parental authority to another individual, usually for a certain amount of time. ➡ ️ What are the exceptions for consent? - Exceptions for consent include: - Care that is court-ordered, - Emergency care, - If a parent provides a blanket consent form, - If the minor is emancipated. ➡ What are the consequences of not abiding by SB 1329? Under SB 1329, parents may sue providers who provide care without consent. However, the state will not revoke a provider’s license if the provider violates the law. #LegalInsights #Idaho #HealthPolicy

Thank you to Idaho Community Health Center Association members for joining our sponsor dinner last week, during which we highlighted the great work being done to improve the health and well-being of our communities.