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Brenden Kelley Law

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11/02/2026

A lot of dental practices treat “HIPAA compliant” as shorthand for “legally covered.”
It isn't. HIPAA governs your patient records. It has nothing to do with whether your patients actually understood the risks of their treatment plan before they agreed to it.

I broke down four separate compliance lanes dental practices need to keep straight this week.

Informed consent, HIPAA, financing disclosures, and advertising claims each carry separate legal risk for Ohio dental practices. Here's how to tell them apart.

10/26/2026

Last year I went back to school to get an MBA, and one thing that stuck with me: a profitable company can still run out of cash.

Those are two completely different problems, and I don't think enough business owners separate them until one blindsides them.

I put together 7 finance habits this week that I think matter more than people expect.

Financial management is one of the biggest predictors of whether a small business survives. Seven habits Ohio business owners should build into how they run the numbers.

10/19/2026

“We just have our associates on 1099s” is a sentence I hear a lot, said with total confidence.

Here's the thing, calling someone a contractor doesn't make them one. The IRS and the Department of Labor don't care what the agreement is titled. They care what actually happens day to day.

Calling an associate a “1099 contractor” doesn't make it true. How the IRS and DOL actually test worker classification — and why dental practices carry real misclassification risk.

10/12/2026

Every dentist asks me some version of the same question when they're starting or restructuring a practice: “what entity should I even use?”

Most people treat it like a box to check. It isn't — and the rule around it is more flexible than a lot of practices assume. Broke down how I actually think about it this week.

Choosing the right legal entity and tax election shapes your dental practice's liability protection and tax bill for years. Here's how Ohio dentists should think about it.

10/05/2026

Q4 already? Here's what's on the clock.

I say this every year and business owners still look at me like I made it up: the fourth quarter has more tax deadlines packed into it than any other three months on the calendar.
December 15. December 31. January 15. January 31.

If none of those dates mean anything to you right now, that's exactly the problem I want to help you avoid. Check out my latest blog post on the imporant dates Ohio Business owners need to know.

Closing out 2026? Here are the tax deadlines, estimated payments, and year-end filings Ohio business owners need on their radar before December 31.

09/28/2026

A business partner who stops contributing can create real financial and operational stress.

Before reacting emotionally, business owners should slow down and review the documents. The operating agreement may explain voting rights, management duties, compensation, removal rights, buyout options, deadlock procedures, and what happens when an owner is no longer working in the business.

A practical response starts with documentation.

What work is not being done?
What promises were made?
Is compensation tied to ownership or labor?
Are decisions being blocked?
Are customers, employees, or finances being affected?
Does the agreement allow a buyout or role change?

Many business disputes become worse because owners act out of frustration before understanding their legal rights.

The best path may be negotiation, restructuring, a buyout, mediation, or litigation. But the first step is knowing what the agreement says.

Read more: https://www.BrendenKelleyLaw.com/business-partner-not-pulling-their-weight

Contact us at Brenden Kelley Law if your business partnership is becoming a legal problem.

When a business partner stops contributing, owners should document the issue, review the agreement, and avoid emotional decisions.

09/21/2026

For seasonal businesses, immigration filings can be business-critical.

If a company relies on temporary workers, a mistake in an H-2B or temporary labor certification matter may affect staffing, contracts, customer service, revenue, and the ability to operate during the busiest time of year.

Potential attorney mistakes may include missed filing windows, incomplete recruitment documentation, poor responses to government notices, failure to communicate with the client, or failure to explain what information the employer needed to provide.

Not every denial is legal malpractice. But when a lawyer’s mistake causes a business to lose access to needed workers, the damages may be significant.

Those damages may include lost contracts, increased labor costs, emergency subcontracting, lost profits, reputational harm, and the cost of trying to fix the problem.

Immigration law errors can become business litigation problems.

Read more: https://www.BrendenKelleyLaw.com/immigration-lawyer-malpractice-h2b-business-workers

Contact us at Brenden Kelley Law if attorney negligence harmed your business.

When an immigration lawyer mishandles H-2B or temporary labor certification, businesses may lose workers, contracts, revenue, and seasons.

09/14/2026

AI tools are moving into dental practices quickly.

They may help with scheduling, patient communication, imaging review, billing, marketing, intake forms, documentation, or practice analytics. But before adopting an AI tool, dental practices should ask legal and operational questions.

Who owns the data?
Is patient information being used to train the AI?
Is the vendor a business associate?
Does the tool require a business associate agreement?
Can the practice explain or audit the tool’s output?
Who is responsible if the AI makes a mistake?
Does the contract limit the vendor’s liability too much?

AI may be useful, but it should not be adopted casually when patient information, clinical operations, and business risk are involved.

Dental practices should review the contract before relying on the technology.

Read more: https://www.BrendenKelleyLaw.com/ai-in-dental-practices-legal-questions

Contact us at Brenden Kelley Law if your dental practice is reviewing an AI vendor, software contract, or patient communication tool.

Before using AI in dental practices, owners should review HIPAA, vendor contracts, patient data, business associate agreements, and liability.

09/07/2026

Dental practices hold sensitive patient information, and cybersecurity should not wait until after a breach.

Many dental offices rely on practice management software, imaging systems, online forms, cloud storage, payment tools, email, texting platforms, and third-party vendors. Each one can create risk if patient information is not properly protected.

A strong HIPAA compliance approach should include more than a privacy policy. Dental practices should look at risk assessments, access controls, encryption, vendor agreements, backups, employee training, incident response plans, and how patient information flows through the practice.

Practical questions include:

Who has access to patient data?
Are vendors using patient information?
Are business associate agreements in place?
Is multi-factor authentication enabled?
Are backups tested?
Would the office know what to do after a ransomware attack?

Cybersecurity is now a business operations issue, not just an IT issue.

Read more: https://www.BrendenKelleyLaw.com/hipaa-cybersecurity-dental-practices-before-breach

Contact us at Brenden Kelley Law if your dental practice needs help reviewing vendor contracts, policies, or compliance risks.

Dental practices should review HIPAA cybersecurity, vendor contracts, patient portals, imaging software, online forms, and incident response plans.

08/31/2026

Noncompetes remain a major issue for small businesses, dental practices, and professionals.

Even with ongoing national debate and regulatory changes, businesses should not assume noncompetes are gone forever or automatically enforceable. The details still matter.

Employers should review their agreements carefully, including noncompetes, non-solicitation clauses, confidentiality provisions, patient/customer restrictions, and associate dentist agreements.

Employees and associate dentists should understand what they are signing before accepting a position or leaving one.

Important questions include:

How long does the restriction last?
What geographic area does it cover?
What conduct is actually restricted?
Does it protect a legitimate business interest?
Is it reasonable for the role involved?
Are there better tools, like confidentiality or non-solicitation provisions?

The goal is not just to have a contract. The goal is to have one that is clear, appropriate, and defensible.

Read more: https://www.BrendenKelleyLaw.com/noncompetes-small-business-dental-practices-2026

Contact us at Brenden Kelley Law if your business or dental practice needs help reviewing restrictive covenants.

Noncompetes remain a legal risk area. Small businesses and dental practices should review noncompetes, non-solicits, and confidentiality terms.

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815 Superior Avenue Suite 1815
Cleveland, OH
44114

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Monday	9am - 5pm
Tuesday	9am - 5pm
Wednesday	9am - 5pm
Thursday	9am - 5pm
Friday	9am - 4pm

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+12166443359

Website

https://www.BrendenKelleyLaw.com/

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