Legal News

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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Apr 27 2017

Stolen Laptop and Lack of Understanding of HIPAA Leads to $2.5 Million Settlement

This week the U.S. Department for Health and Human Services Office for Civil Rights (OCR) announced a settlement for an impermissible disclosure of unsecured electronic protected health information (ePHI) and the covered entity’s lack of understanding of HIPAA requirements. The covered entity, the first wireless health services provider to face such a settlement, must pay $2.5 million and begin implementation of a corrective action plan that involves OCR scrutiny of its HIPAA Security Rule compliance.

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Apr 25 2017

Navigating the Amazon: The "On-Demand" Worker and the World of Ultra Fast Delivery

On March 22, 2017, Amazon unveiled its "Prime Now" one-hour delivery service in Milwaukee, Wisconsin which brought the total number of cities where the service is available to over thirty. The Prime Now service provides the speed and convenience that many online consumers now expect. In meeting the growing consumer demand for speed and convenience, Amazon has adopted the "on-demand" workforce model similar to the one used by Uber Technologies and Lyft. The on-demand workforce concept is still somewhat in its infancy and is certainly not without its faults. It is (and will continue to be) the focus of increased regulatory scrutiny and a platform for potential suits from workers who may feel they are being exploited.

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Apr 24 2017

A Unanimous Supreme Court Rules in Favor of Higher Educational Standards for Special Education Students

On March 22, 2017, the U.S. Supreme Court issued a unanimous decision in favor of a heightened standard of education for children with disabilities. In Endrew F. v. Douglas County School District, 580 U.S. ____ (2017), the Supreme Court held that "[t]o meet its substantive obligation under the IDEA (Individuals with Disabilities Education Act), a school district must offer an IEP (Individualized Education Program) reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances." This decision overrules prior federal precedent which stated that a child's IEP is adequate so long as it is calculated to confer an "educational benefit [that is] merely...more than de minimis."

Since the Act's inception, the IDEA has required that every IEP include "a statement of the child's present levels of academic achievement and functional performance," describe "how the child's disability affects the child's involvement and progress in the general educational curriculum," and set out "measurable annual goals, including academic and functional goals," along with a "description of how the child's progress toward meeting" those goals will be gauged. The IEP must also describe the "special education and related services...that will be provided" so that the child may "advance appropriately toward attaining the annual goals" and, when possible, "be involved in and make progress in the general education curriculum."

Despite the long-standing nature of the aforementioned requirements under the IDEA, for years the Supreme Court has declined to establish any one standard for determining the adequacy of educational benefits conferred upon all children covered by the IDEA. While the Court continued to refrain from adopting a bright-line standard in its Endrew F. decision, the Court did provide further clarity as to what the standard is not.

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Apr 20 2017

Announcing vonBriesenOneSource

Randall D. Crocker, President and CEO of von Briesen & Roper, s.c., today announced the launch of vonBriesenOneSource, a multidisciplinary in-house team of dedicated non-lawyer professionals who provide finance and technology advisory services in partnership with the mergers and acquisitions, capital markets, business, corporate, banking, commercial finance, real estate, technology, bankruptcy and business restructuring teams at von Briesen.

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