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In addition to serving our clients, our attorneys are active in publishing articles, conducting seminars and giving speeches. Our firm also issues many press releases and is frequently mentioned in various news sources. These resources are available for information purposes only and may be obtained by using the various search functions below.

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Jun 21 2017

The OIG Estimates Hundreds of Millions in EHR Incentive Overpayments

Between May 2011 and June 2014, the Centers for Medicare and Medicaid Services (CMS) made approximately $6 billion in incentive payments to promote the use of electronic health record (EHR) technology.  But a recent review by the U.S. Department for Health and Human Services Office of Inspector General (the OIG) estimates that $729 million of these incentive payments were made to providers who did not comply with the mandated program requirements and recommends that CMS attempt to recoup those incorrect payments.

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Jun 20 2017

Seventh Circuit Court of Appeals' Decision Reins in Copyright Infringement Claims Relating to Home Designs

Design Basics, LLC ("Design Basics") initiated an action against Lexington Homes, Inc. ("Lexington"), alleging that Lexington wrongfully copied Design Basics' home plans and constructed approximately 50 homes using those plans. Design Basics was represented by Attorney Dana A. LeJune, of LeJune Law Firm, and Michael T. Hopkins, of IP-Litigation US, LLC. Lexington was one of approximately 100 such defendants, sued by Design Basics, since 2009. Lexington was represented by Attorney Frank W. Kowalkowski, of von Briesen & Roper, s.c. The District Court dismissed all of Design Basics' claims on summary judgment.

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Jun 08 2017

DOL Reverses Course on Independent Contractor and Joint Employment Tests

Yesterday Department of Labor ("DOL") Secretary Alex Acosta announced the withdrawal of two significant DOL Administrator Interpretations that had formerly provided enforcement guidance on independent contractor misclassification and joint employment. The first was issued in July 2015 and extended the Obama administration's enforcement priority of ferreting out misclassification of independent contractors. The second guidance was issued in January 2016 and focused on joint employment, broadening the scope when business relationships could be defined as joint employment. The joint employment guidance declared that even a business having only indirect control over the employees of another business might be deemed a joint employer of those employees for purposes of liability. The interpretation caused significant concern for franchisors, third party providers and staffing companies.

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Jun 08 2017

Seventh Circuit Affirms Issuance of Preliminary Injunction against Kenosha Unified School District

On May 30, 2017, a panel of three judges in the U.S. Court of Appeals for the Seventh Circuit unanimously affirmed a preliminary injunction sought by Ashton Whitaker ("Whitaker") against the Kenosha Unified School District (the "District") which allows Whitaker to use the boys' restroom while at school. See Whitaker, et al. v. Kenosha Unified Sch. Dist. No. 1 Bd. of Educ., et al., No. 16-3522 (7th Cir. 2017).

Whitaker, a transgender student, has been engaged in a legal battle with the District since the summer of 2016 as to the rights of transgender students. For a full recitation of the facts surrounding this well-known, high-profile case, the Seventh Circuit's opinion can be found here.

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