Page 30 - Bulletin Vol 29 No 1 - Jan. - Apr. 2024 IN PROGRESS2

Legal Article |Bringing On an Associate Dentist

Another area associates will use to vet opportunities is through assessment of the restrictive
covenants. Practices that limit outside work and opportunities, or that require signing onto a hefty non-
compete, which would restrict the associate from working with a radius and certain timeframe will also be
viewed as a draconian offer. Still, there are many practices demanding a 10-mile non-compete, even if
offering a part-time commitment. Advising the potential employer with this advice – try for a non-compete
in place and walk it back, if need be, and you are willing. I do not recommend removing a non-compete
altogether. More important than the non-compete, I strongly recommend a strict non-solicitation
provision to prevent solicitation of your patients and or your referral base should an associate depart on
their own volition or as a result of you terminating their employment.
Once the terms of employment are set, it’s time to move to a contract. Make sure any proposed contract
has all material terms and is written in a clear and transparent manner, including the term of the contract,
and, if applicable, the timing of a potential partnership offering (if to be determined at a later date).

Jennifer Kirschenbaum, Esq. is the managing healthcare partner of Kirschenbaum & Kirschen-
baum, P.C.’s healthcare department, counsel to the Nassau County Dental Society. Jennifer and
her team specialize in representing dentists in all facets of practice, including, but not limited to,
serving as deal counsel through a sale process, defense counsel at OPD, and general counsel
services related to real estate and employment contracting. Jennifer may be reached via email
at Jennifer@Kirschenbaumesq.com or at 516-747-6700 x. 30

Finance Article|Foreign Stocks… (Continued)

2024, the MSCI USA Index was trading at a price to earnings ratio (PE ratio) of 25.4. While the MSCI ACWI
ex USA index (which is a foreign stock index) was trading at a PE ratio of 14.9, making it comparatively
cheap.
This data suggests that foreign stocks are substantially undervalued and more attractive when compared
to the US stock market. Does this mean that foreign stocks will outperform in the near future? Not
necessarily, or at least not right away. However, it does make a strong case for owning foreign
stocks. History suggests there will be a reversion to the mean, and at some point, foreign stocks will lead
the markets again. Timing such a reversal is just as futile as timing markets in general. The more
important lesson is that foreign stocks play a role in a portfolio over time.
As a result, we believe there should always be some degree of exposure in foreign stocks as part of an
overall asset allocation to aid in the diversification of a sound long-term investment strategy.

Chris Congema, CFP is a financial advisor and co-founder of Landmark Wealth Management, LLC, which is
an SEC Registered Fee-Only Advisory firm. They are located at 95 Broadhollow Road, Suite 102 Melville, NY
11747. Phone: 631-923-2486 For more information, please visit www.landmarkwealthmgmt.com. Landmark
Wealth Management, LLC is the investment manager for the Nassau County Dental Society.

30 | Nassau County Dental Society ⬧ www.nassaudental.org