In the News

Jane E. Bockus, San Antonio–based member in Dykema’s Products, Class Actions & Professional Liability Practice Group, is the subject of a Texas Young Lawyers Association Shero podcast titled “Who You Calling Sweetheart?” in which she reminisces about her accomplishments as a woman lawyer, shares several entertaining anecdotes, and offers career advice to her younger colleagues.

This past summer, two voter initiatives were headed to the November ballot for consideration. One initiative was to increase the state minimum wage, and the other was to create a state law requiring most employers to provide employees with paid sick leave. However, before such initiatives could appear on the ballot for voter consideration, in September 2018 the Michigan Legislature seized its constitutional right to enact those initiatives on its own, thereby keeping the initiatives off the ballot. Now, the Michigan Supreme Court will have the last word on whether the initiates were properly enacted in their current form.

After the Illinois Supreme Court’s decision in January holding that a plaintiff need not show actual harm to be an “aggrieved person” under the Illinois Biometric Information Privacy Act (“BIPA”), parties litigating under BIPA have been testing other defenses. One of those defenses is whether BIPA matters can be compelled to arbitration pursuant to an arbitration provision set forth in the parties’ agreement.

James S. Azadian, Los Angeles-based member in Dykema’s Commercial Litigation Practice Group and the Firm’s nationwide appellate practice, provided the closing comments in the Daily Journal stories, “Judge Rejects Bid to Block Monsanto Mobile Phone Ads During Trial” and “Bayer Releases Internal Studies on Key Roundup Ingredient.”

When we think about the Health Insurance Portability and Accountability Act of 1996 (HIPAA), many of us immediately think about protecting the privacy and security of individually identifiable health information. Justifiably so, since voluminous regulations mandate such protection, and because the federal government has stepped up its enforcement of those regulations and collected considerable sums in penalties for non-compliance. But a recent announcement by the U.S. Centers for Medicare and Medicaid Services (CMS) Division of National Standards reminds us not to forget another important set of HIPAA Administrative Simplification regulations.

Edwin J. Tomko, Dallas-based senior counsel in Dykema’s Business Litigation group, reminisces about his distinguished career as a litigation attorney and former prosecutor for the DOJ and the SEC in The Texas Law Book and Dallas Business Journal profile, “Ed Tomko’s Exit Interview: A White Collar Law Expert On Both Sides of the Charge.”

Robert A. Boonin, Detroit- and Ann Arbor–based member in Dykema’s Labor & Employment Practice Group and co-founder of the Wage and Hour Defense Institute, was the subject of a Society for Human Resource Management blog, “#SHRM19 Interview with Robert Boonin, Esq., Wage and Hour Geek & Guru,” publicizing his forthcoming presentation on wage and hour compliance for employers.

FDA sent warning letters dated March 28 to three companies marketing CBD products with what FDA describes as “egregious and unfounded claims that are aimed at vulnerable populations.” The companies which received warning letters sell hemp oil, CBD soft gels, CBD crystal isolate and other related products.

The U.S. Department of Labor is pressing ahead with its efforts to revamp the Fair Labor Standards Act regulations (we recently posted here regarding proposed changes to the Regular Rate of pay calculation regulations). On April 1, 2019, the DOL proposed a new four-factor test that would clarify when two employers are jointly responsible for minimum wage and overtime violations.

Under the Fair Labor Standards Act, all employees must be paid overtime for all hours worked over 40 in a workweek. The law also requires employers to keep accurate records of all time worked. Many employers, though—particularly hospitals—often automatically deduct 30 minutes from their employees’ 8.5 workdays assuming that all employees take their regular 30-minute meal breaks. But what happens when an employee is interrupted during the employee’s meal break to answer a call, attend to a code or other emergency, and the like? This scenario has been fodder for lawsuits against hospitals, most recently in an Ohio federal court–Myers v. Marietta Memorial Hospital, No. 2:15-CV-2956 (S.D. Ohio March 27, 2019).

On April 2, 2019 the FDA further described its upcoming effort to regulate or at least discuss the regulation of cannabis-containing and cannabis-derived products. The FDA reiterated its power as given to it by the 2018 Farm Bill to regulate cannabis products and to ensure that they are used and sold safely in drugs, dietary supplements and conventional food.

Recently, the Department of Environmental Quality (DEQ) held a “Local Leaders Series Webinar” on “Marijuana Cultivation and Processing Operations: Environmental Regulations and Concerns.” The webinar was well attended by over 500 people. The purpose was to educate local leaders on potential issues with marijuana facilities in their jurisdictions and to expose those leaders to some of the aspect of cultivation and processing operations for educational training.

Brian R. Balow, Bloomfield Hills-based senior counsel in Dykema’s Corporate Finance practice group, is the author of “Tighten Up on Cyber Security, or Face the SEC,” as published in Automotive World.

Deborah D. Williamson, San Antonio-based member in Dykema’s Bankruptcy Practice Group, was recognized by the American Bankruptcy Institute in the podcast “Highlighting Women's History Month with ABI Presidents.”

Rasul M. Raheem, Detroit-based senior counsel in Dykema's Financial Services practice group, was quoted extensively in the Bloomberg BNA Banking Law article, “New Banks Get Same Protection Under Proposed Pot Bill Amendment.”

Richard L. Lieberman, Chicago-based senior counsel in Dykema’s Tax Practice group, offers his prognosis for the House of Representatives’ Carried Interest Tax Fairness Bill of 2019 in the WSJ Pro Private Equity story, “Democrats Aim to End Favorable Carried-Interest Tax Treatment.”

Christopher D. Kratovil, Managing Member of Dykema’s Dallas office and member of the firm's Litigation and Appellate Practice Groups, speaks to Texas Lawbook about the dispute involving two eminent Federal judges in the article, “Growing Feud Between Fifth Circuit Judges and Houston Trial Judges Shocks Legal Experts.”

Gary P. Gordon, Lansing-based member in Dykema’s Government Policy practice and former Chief Deputy Attorney General for the State of Michigan, was quoted in the Detroit News story, “Judge Upholds Line 5 Tunnel Law Despite 'Constitutional Defect.'”

Robert A. Boonin, Detroit- and Ann Arbor–based member in Dykema’s Labor & Employment Practice Group and former chair of the Wage and Hour Defense Institute, was quoted extensively in the Business Insurance article, “Department of Labor Issues Long-Awaited Overtime Proposal.”

Robert A. Boonin, Detroit and Ann Arbor–based member in Dykema’s Labor & Employment Practice Group, was quoted in The National Law Journal article, “Early Thoughts on Labor Department's New Overtime Proposal.” The article also appeared in Yahoo! Finance.

Robert A. Boonin, Detroit- and Ann Arbor–based member in Dykema’s Labor & Employment Practice Group and former chair of the Wage and Hour Defense Institute, comments on the impact of reclassification from exempt to nonexempt in the Society for Human Resource Management article, “Proposed Overtime Rule Covers More Workers.”

Following the landmark SCOTUS ruling in Fourth Estate Public Benefit v. Wall-Street.com, Marsha G. Gentner, Washington, D.C.-based senior counsel in Dykema’s Intellectual Property Practice Group, shared her assessment of the decision with several major IP publications.

Jonathan S. Feld, Chicago-based member and leader of Dykema’s Government Investigations and Corporate Compliance group, responds to the Department of Justice’s recent repudiation of False Claim Act lawsuits in the Bloomberg BNA article, “DOJ’s Whistleblower Case Dismissals Spark Calls for Court Action.”

Brian Colao, Dallas-based Director of Dykema’s Dental Service Organizations Industry Group, was interviewed about DSO trends in a 13-minute video by the CEO of Patient Prism, a dental business marketing evaluation system, which appeared in the DSO News article, “Connecting the Dots With Amol Nirgudkar of Patient Prism.”

Shelly J. Edgerton, Lansing-based senior counsel in Dykema's Government Policy Practice Group, and former director of the Michigan Department of Licensing and Regulatory Affairs (LARA), was quoted in several news sources following Gov. Whitmer’s executive order replacing the Bureau of Marijuana Regulation and the Medical Marihuana Licensing Board with the Marijuana Regulatory Agency, which would fall under LARA’s auspices.

Brandon E. Durrett, San Antonio-based member in Dykema’s Corporate Finance Practice Group and Board-Certified oil and gas attorney, explains the pros and cons for small oil businesses who are eagerly buying less-productive leases from larger drilling companies in the San Antonio Business Journal story, “Eagle Ford 2021: What Happens to South Texas When Oil Well Flow Flattens?”.

Following her participation in an Oakland County (Michigan) Women’s Bar Association “Bar Briefs” networking event, Brittany J. Mouzourakis, Bloomfield Hill-based attorney in Dykema’s litigation practice group, appeared in the Detroit Legal News front-page report about the meeting.

Marsha G. Gentner, Washington, D.C.-based senior counsel in Dykema’s Intellectual Property Practice Group, was quoted in the Associated Press story, "Judge won’t make Mongols biker gang surrender trademark logo." The story was picked up by outlets across the nation, including the New York Times, ABC News and NPR, as well as the Toronto Star.

Dykema Gossett’s collaboration in an AdvanceLaw program designed to encourage minority and diverse attorneys was recognized in the American Lawyer article, “Big Company GCs Sign On as Mentors to Foster Big Law Diversity.”

Phillip D. Hardberger, Senior Counsel in Dykema’s Litigation Department, former Mayor of San Antonio and former Chief Justice of the Fourth Court of Appeals, received the city’s World Affairs Council International Citizen of the Year Award. Details of Hardberger’s acceptance speech at the gala were covered in the Rivard Report article, “Phil Hardberger Honored as International Citizen of the Year.”

Edwin J. Tomko and Jason M. Ross, Dallas-based attorneys in Dykema’s Litigation Group, were recognized for their legal prowess in the Texas Lawbook article, “Forest Park Surgeons and Hospital Officials on Trial for Alleged Kickback Scheme.”  The duo represents some of the defendants against the Department of Justice’s healthcare fraud prosecution in what promises to be a blockbuster trial.

In this month's podcast, Government Policy Advisors, Jim Brandell and Andy Buczek in Dykema’s Washington, D.C., office discuss Committee Investigations and Oversight with special guest Jonathan Feld, Leader of Dykema's Government Investigations and Corporate Compliance Team.

Jason Hanselman, Lansing-based member in Dykema’s Government Policy and Practice group, was named one of Michigan Lawyers Weekly’s 2019 “Leaders in the Law.” A luncheon celebrating the honorees will be held on April 18, 2019, at the Detroit Marriott in Troy, where the 2019 “Lawyer of the Year” will be announced.

Laura Baucus, Bloomfield Hills-based Leader of Dykema’s Financial Services Litigation Practice Group, will serve as a featured presenter for the National Mortgage News webinar, “Making warehouse lines faster and cheaper with digital mortgages,” scheduled for Tuesday, Feb. 26, 2019.

Following his participation in a CLE program by SCOTUS veterans, Christopher D. Kratovil, Managing Member of Dykema’s Dallas office and member of the firm's Litigation and Appellate Practice Groups, was quoted in the Texas Lawbook article, “Supreme Court Experts Discuss Kavanaugh, RBG, Gerrymandering & Lack of Women SCOTUS Advocates.”

Dentistry Today has recapitulated the recent Call Box Dialed In podcast featuring Brian A. Colao, Dallas-based member and Director of Dykema's Dental Service Organizations (DSO) Industry Group, in the article “From Courtship to Marriage: Choosing the Ideal DSO Partner.”

Eric L. White, Dallas-based member in Dykema’s Corporate Finance practice group as well as its Dental Services Organization industry group, explains his clients’ measured response in the face of higher interest rates for the DSONews article, “Will Rising Interest Rates Pump the Brakes on Dental Consolidation?”.

Van Lindberg, San Antonio-based member in Dykema’s Intellectual Property practice group, was quoted in the Bloomberg Law article, “Google’s Supreme Court Bid Attacks Oracle’s $8.8B Copyright Win.”

Sheryl L. Toby, metro Detroit-based member of Dykema’s Business Services Department and Automotive Industry Group, will serve as presenter for the American Bar Association (ABA) Business Law Section Bankruptcy Committee’s complimentary webinar, “The Unique World of Automotive Supplier Financial Distress and Bankruptcies,” which is set to take place Wednesday, January 23, 2019, at 12:15 p.m. (E.T).

Cynde H. Munzer, Chicago-based member in Dykema’s corporate finance practice group, was quoted extensively in the Law360 article, “#MeToo Movement Molds New Protections In Mergers.”

Michael P. Fannon, Bloomfield Hills-based associate in Dykema’s Corporate Finance practice group, reports on the firm’s Annual Mergers and Acquisitions Outlook Survey in his article, “4 Takeaways From Sunny 2019 M&A Forecast,” which appeared in Law360.

Marsha G. Gentner, Washington, D.C.-based senior counsel in Dykema’s Intellectual Property Practice Group, comments on the U.S. Supreme Court’s deliberations over whether or not an unregistered copyright has standing to be sued in the Reuters Westlaw-Intellectual Property article, “Copyright Registration Debate Filled With ‘Practical’ Concerns, Attorneys Say.”

Robert A. Boonin, Detroit and Ann Arbor–based member in Dykema’s Labor & Employment Practice Group, speculates about the likely provisions of the Department of Labor’s proposed regulations setting overtime salary thresholds in the Society for Human Resource Management article, “Overtime Changes May Be Top Legal Trend for 2019.” 

Alison Ashmore, Dallas-based member in Dykema's Litigation Department, was named among D Magazine’s “Best Lawyers Under 40” for 2019. This marks the second consecutive year Ashmore made this list.

Dykema, a leading national law firm, and Loss, Judge & Ward, LLP, a Chambers-ranked Washington, D.C., law firm have combined. The combination doubles each firm’s Washington, D.C., presence. The depth and experience of Loss, Judge & Ward’s nationally-recognized complex commercial insurance practice complements and strengthens Dykema’s Insurance Industry Group. Dykema’s expansive practice capabilities and national platform enhance the range of services available for legacy Loss, Judge & Ward clients.

Thomas B. Alleman, Dallas-based member of Dykema’s Litigation Department and Director of the firm’s Insurance Industry Group, warns that corporate and governmental factions engaging in environmentally-hazardous practices might eventually be held accountable in the courts, as noted in the Law360 article, “Energy Cases To Watch In 2019.”  

Dykema’s Mergers & Acquisitions Outlook Survey served as a source for the Law360 article, “Transformative Deals, Big PE Buys, On Tap For 2019.” The report cites statistics from the latest survey, which supports a climate of optimism among company leaders predicting M&A activities in 2019.

Richard L. Lieberman, Chicago-based senior counsel in Dykema’s Tax Practice group, provides the closing comments for the Law360 article, “Post-Wayfair State Developments To Watch In 2019,” which explores the consequences of the Supreme Court’s decision that state sales taxes could be collected for online transactions by sellers with no physical presence in that state.

Brian A. Colao, Dallas-based member and director of Dykema's Dental Service Organizations (DSO) Industry Group, was interviewed by Call Box Dialed In for its podcast, “Spotlight on Brian Colao.”

Christopher D. Kratovil, Managing Member of Dykema’s Dallas office and member of the firm's Litigation  and Appellate Practice Groups, was quoted at length in the Dallas Business Journal, Houston Chronicle and Texas Lawbook joint story, “Texas Judge Reed O’Connor is the ‘Go-To Judge’ for conservatives.”

Dykema is proud to announce that the Legal Marketing Association (LMA) recognized its Business Development and Marketing Department as a first place winner in each of its Business Development categories for the 2018 LMA Midwest Region Your Honor Awards. Dykema’s Chief Business Development & Marketing Officer, Linda Moss, accepted the awards along with the key team members involved in these programs, Tony Marion and Sarah Minjoe.

Heidi Naasko, Ann Arbor-based litigator and Dykema’s National Pro Bono and Diversity Counsel, was the subject of The Michigan Lawyer’s Weekly feature “A sidebar with … Heidi Naasko.”

Thomas B. Alleman, Dallas-based member of Dykema’s Litigation Department and Director of the firm’s Insurance Industry Group, gives his perspective on recent environmental lawsuits and on the permit revocation for the Keystone XL pipeline in the Law360 piece, “Climate Change Ruled 2018 Energy-Related Court Decisions.”

Dykema, a national law firm, announced today that it has been listed as one of the best law firms in the United States for client service performance. As part of its “2019 Client Service A-Team: The Survey of Law Firm Client Service Performance” report, BTI Consulting Group has listed Dykema among the best 80 law firms for client service excellence.

James G. Aldrich, Jr., Bloomfield Hills-based member in Dykema’s Labor & Employment Practice Group and Leader of the Firm's Immigration Team, was quoted at length in the National Real Estate Investor Finance & Investment Column, “Roadblocks Could Derail EB-5 Investment Capital.”

Reed R. Heimbecher, managing member of Dykema’s Minneapolis office and leader of the firm’s intellectual property transactional practice group, comments on the threat to inventors who partner with unscrupulous companies promising to help manufacture and market their innovations in the Intellectual Property on Bloomberg Law article, “Whitaker Link Reflects Many Lives of Invention Marketing Scams.”

Dykema, a leading national law firm, announced today that Richard Y. Cheng, Dallas-based member of Dykema’s Health Care Practice Group, was selected to serve as an editor and co-author for a chapter of the Bloomberg BNA Health Care Program Compliance Guide.

Bonnie Mayfield, Bloomfield Hills-based member of Dykema’s Litigation and Labor & Employment practices, was quoted at length in the Society for Human Resource Management story, “Educate Managers About Third-Party Harassment.”

Christopher D. Kratovil, Managing Member of Dykema’s Dallas office and member of the firm's Litigation Group, was quoted in the Dallas Business Journal, Houston Chronicle and Texas Lawbook joint story, “Changes coming to courts of appeals in Dallas.”

Dykema is proud to announce that Lance Boldrey, Lansing-based leader of Dykema’s Cannabis Law practice and member of the firm’s Government Policy practice, was presented with the Pioneer Award by the Marijuana Law Section of the State Bar of Michigan.

Dykema is proud to announce that Richard Y. Cheng, Dallas-based member of Dykema's Cannabis Law Practice Group and the firm’s Health Care Practice Group, was included in DataBird Research Journal’s list of 250 Cannabis Law Leaders.

Dykema, a leading national law firm, announced today Detroit- and Ann Arbor-based member in the firm’s Labor & Employment Practice Group, was selected to serve on the Board of Editors for the Bloomberg BNA treatise “The Fair Labor Standards Act.”

Luke Sosnicki, Los Angeles-based member in Dykema’s Financial Services Litigation Group, will serve as a featured speaker at the 2018 Mortgage Electronic Registration Systems (MERS) West Coast eMortgage Boot Camp, which takes place November 15 in Irvine California.

Christopher D. Kratovil, Managing Member of Dykema’s Dallas office and member of the firm's Litigation Group, was quoted extensively in the Dallas Business Journal and Texas Lawbook joint story, “Texas Supreme Court Justice Phil Johnson Retires.”

Allan Gabriel, Los Angeles-based member in Dykema’s Intellectual Property and IP Litigation group, was consulted by the New York Times for its Wheels column, “The Racecars Are Allards. He’s an Allard. There’s Just One Issue.”

Christopher D. Kratovil, Managing Member of Dykema’s Dallas office and member of the firm's Litigation Group, shared his thoughts on the results of the 2018 midterm elections in the Texas Tribune article, “Texas Democrats’ Biggest Win On Election Night May Have Been the Courts.”

Andrew P. Scott, Chicago-based member in Dykema’s Real Estate Practice Group, was quoted in the Realtor.com article, “Amazon's New Headquarters May Be a Prime Deal for Two Cities, but Where Will Workers Live?”

Donna McElroy served as a featured panelist for the San Antonio Bar Association's Labor & Employment Law Section Meeting on  November 8, 2018.

Richard Y. Cheng, Dallas-based member of Dykema's Health Care Practice Group, co-presented "Enforcement & Compliance: Home Health, Hospice and Nursing Homes," at the Health Care Compliance Association (HCCA) Enforcement Compliance Conference in Washington, D.C., on Sunday, November 4, 2018.

Eric T. Fingerhut, Office Managing Member of Dykema's Washington, D.C., office and former leader of Dykema’s Trademark & Copyright Practice, was quoted in the World Trademark Review article “What trademark owners can learn from the Federal Circuit’s Converse decision.”

Dykema’s Annual Mergers and Acquisitions Outlook Survey results were highlighted in the Michigan Lawyers Weekly article, “Survey shows optimistic M&A outlook.” In the article, Detroit-based attorneys Thomas S. Vaughn, member and co-leader of Dykema’s M&A practice, and J. Michael Bernard, member in the Firm’s Corporate Finance Practice Group, were quoted at length discussing the survey’s findings.

Findings from Dykema’s Annual Mergers and Acquisitions Outlook Survey were referenced throughout the Business Insider article, “New research shows some purchasers are asking for ‘Weinstein Misconduct Clauses’ in M&A deals as scandals rock Silicon Valley.” In the article, Business Insider points out that only 28 percent of the executives surveyed by Dykema said they participated in a deal where a misconduct clause was proposed.

The results of  Dykema’s 14th Annual Mergers & Acquisitions Outlook were summarized in the New York Post article “Mergers, Acquisitions, Will Be Big Next Year, Experts Say.”

A recent Dykema blog post was picked up by Asset Finance International under the title “How Auto Finance Lenders Stand To Gain From Blockchain Technology.”

Thomas S. Vaughn, Detroit-based member and co-leader of Dykema's M&A practice, and Brian J. Page, Grand Rapids-based member in the Firm’s Financial Industry Group and Real Estate Practice Group and co-leader of Dykema's national Lending Team, were quoted at length in the MiBiz article, “Strong Economy Drives Deal Flow, Optimism for Continued Bullish M&A Market.”

Dykema’s Annual Mergers and Acquisitions Outlook Survey was discussed in the Law360 article, “Midterm Elections Could Fan Already Soaring M&A Optimism.” In the article, Law360 reported that optimism about M&A activity is at its highest point in the survey’s 14-year history and that the positive vibes could increase even more given the result of the upcoming midterm elections.

Richard Lieberman, Chicago-based senior counsel of Dykema’s Tax Practice group, was quoted in the Law360 article “What To Know About Building In Tax 'Opportunity Zones.'”

Jeanne M. Whalen, Bloomfield Hills-based member in Dykema’s Corporate Finance practice, was named one of 30 “Up & Coming Lawyers” for 2018 by Michigan Lawyers Weekly. A luncheon celebrating the honorees will be held December 13 at the Detroit Marriott in Troy, Michigan.

Marsha G. Gentner, Washington, D.C.-based senior counsel in Dykema’s Intellectual Property Practice Group, was interviewed at length for the Life Sciences IP Review article, “Mulling the Future for Marijuana IP.”