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 14 2021

Navigating Successfully (and Compliantly) Vendor Contracts

Posted By: Stacy C. Gerber Ward
Legal Update
Health Law & Fraud & Abuse and Stark & Billing and Payment & Compliance

The scope and complexity of arrangements being presented by device vendors to hospitals is expanding, making compliance with federal health care program rules increasingly more challenging. While at first blush the rules related to discounts and warranties seem fairly straightforward, many manufacturers offer complex, multi-prong arrangements that can be difficult to evaluate against the rules. For example, some vendors offer discounts and/or warranties on a bundle of products or on a bundle of products and services. In some cases, a device is offered with free equipment. To help hospital representatives evaluate the legitimacy of these types of arrangements, this article will provide an overview of the key compliance principals to consider when presented with a proposal.

Apr 12 2021

Construction Lien Waivers: Recent Case Highlights Importance of Clearly Stated Limits

A subcontractor recently learned the hard way that it is not enough to simply write “partial” on the top of a lien waiver in order to limit the waiver to the amount of money received. The subcontractor claimed it was owed more than $200,000 for work performed on a project due to various change orders. The general contractor said it could pay only about $33,000 based on the original contract amount, and asked the subcontractor to sign a lien waiver titled “Waiver of Lien to Date” in exchange for the payment.

Apr 07 2021

M&A Arbitration Clauses: "Watch-Outs" From A Litigator’s Perspective

Posted By: Mark F. Foley
Legal Update
Business and Corporate Law & Mergers and Acquisitions

Merger and acquisition agreements contain many “boilerplate” clauses that rarely receive the same attention as the more heavily negotiated deal terms. To the extent they are considered at all, it would be as a post-closing afterthought and only when a deal has taken a turn for the worse. At that point, the parties are almost always surprised to find that their dispute resolution clauses are ambiguous.

This Legal Update will help reconsider the boilerplate language associated with an alternative dispute resolution provision, and its importance, in order to do better deals.

Apr 01 2021

How Does the Wisconsin Supreme Court Mask Mandate Decision Affect My Business

Posted By: James R. Macy & Jonathan R. Eiden
Legal Update
Business and Corporate Law & Labor and Employment & COVID-19 von Briesen Task Force

In a 4-3 Decision written by Justice Brian Hagedorn, the Wisconsin Supreme Court struck down Governor Tony Evers’ mask mandate intended as a use of the emergency powers of a governor under Wisconsin Statutes Chapter 323 to combat the emergent threat of the Coronavirus.

The Court held that Governor Evers violated state law by unilaterally issuing multiple emergency orders to extend the emergency declarations and mask mandate beyond an initial 60 day period. The Court found that the statute contemplates an end to such orders (60 days after the declaration) and that the decision to extend such orders resides with the Legislature, even when the underlying occurrence creating the emergency remains a threat. The Court noted that pursuant to the straightforward statutory language, the Governor may not deploy his emergency powers by declaring new states of emergency for the same statutory occurrence.

Mar 25 2021

COVID-19 von Briesen Task Force Resource: OSHA's National Emphasis Program

Posted By: Steven L. Nelson
Legal Update
OSHA Law and Litigation & COVID-19 von Briesen Task Force

On Friday, March 12, 2021, the Occupational Safety and Health Administration (OSHA) launched a National Emphasis Program (“NEP”). The NEP will focus new inspection and enforcement efforts on “companies that put the largest number of workers at serious risk of contracting coronavirus.” The purpose of the NEP is to substantially reduce or eliminate coronavirus exposure for workers in companies where risks are high. This program entails both new inspections and follow-up inspections at worksites that were inspected in 2020 to make sure conditions either were corrected or need to be corrected.