In the News

Jonathan Aberman, Chicago-based member in Dykema’s Bankruptcy, Insolvency & Creditors’ Rights Group, served as a featured speaker at The Chicago Bar Association’s Honorable Robert E. Ginsberg Annual Program on Commercial Bankruptcy.

Dykema’s Automotive Industry Group has announced the release of The Open Road, a blog providing timely analysis of developments in the automotive industry. As this sector faces new challenges from technological innovations, emerging business models, and legislation and policy developments, The Open Road will help insiders navigate the legal and regulatory issues facing the rapidly evolving automotive industry landscape.

Brian Colao, Director of Dykema's DSO Industry Group, served as a featured presenter of the webinar “Opportunities in the Current DSO Marketplace,” hosted by Planet DDS. The presentation took place on Wednesday, November 6, 2019.

Courtney Kissel, Bloomfield Hills-based member in Dykema’s Government Policy & Practice group, was named one of 30 “Up & Coming Lawyers” for 2019 by Michigan Lawyers Weekly. A luncheon celebrating the honorees will be held December 5 at the Detroit Marriott in Troy, Michigan.

Thomas Moga, Bloomfield Hills-based Senior Counsel in Dykema’s Intellectual Property practice group, served a panelist at the recent American Intellectual Property Law Association (AIPLA) Annual Meeting in Washington, D.C., joining several other attorneys in discussing ethical considerations in design patent practice. Some of Moga’s comments were shared in the Managing Intellectual Property article “AIPLA 2019: The Dilemma of Design Rights.”

Los Angeles-based Dykema attorneys Cory L. Webster, Laura P. Worsinger and Allison M. Scott co-authored the article "Retroactivity of Dynamex and AB 5," for the Daily Journal. In addition, Jimmy Azadian was quoted in the article.

While Flex is known for its innovation in tech and manufacturing services, their legal team creates dynamic solutions in its own regard. Flex’s Scott Offer, Executive Vice President & General Counsel, and Andy Powell, Vice President & Deputy General Counsel, teamed up with Dykema to create a mutually beneficial mentorship program that boosts both business and employee morale. Learn more from this ACC Docket article, "How to Boost Business — and Employee Morale — by Partnering with Your Law Firm," co-authored by Powell and Dykema’s Michael Wippler.

Dykema is proud to announce that seven attorneys from its Financial Industry Group contributed to the 2020 Edition of the Practising Law Institute’s (PLI) Consumer Financial Services Answer Book.

Sean C. Griffin, Washington, D.C.-based Member in Dykema’s Commercial Litigation Group, will serve as a featured panelist at the Law Firm Business Trends Institute Oct. 4-6, 2019, in Washington, D.C., as presented by Chief Legal Executive LLC.

Jennifer Fraser, Washington, D.C.-based member in Dykema’s Intellectual Property Practice Group, will serve as a featured speaker at the Intellectual Property Owners Association (IPO) 47th Annual Meeting taking place Sept. 24-26, 2019, in Washington, D.C.

Abad Lopez, Chicago-based Member in Dykema’s Labor and Employment Practice Group, was quoted in Law360 article titled “Employers Need Game Plan For Fantasy Football At Office.”

AB 5 is making waves in California by changing the way companies will classify workers. AB 5 codifies the ABC test adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.4th 903 (“Dynamex”). In Dynamex, the Court held that for violations of California’s wage orders, a worker is presumed to be an employee, unless the business proves the following:

On September 18, 2019, Dykema’s Detroit office hosted the Detroit Urban Debate League (“D-UDL”) for a tournament to kick off its 2019-2020 season. The topic for debate was, “Resolved: The United States federal government should substantially reduce Direct Commercial Sales and/or Foreign Military Sales of arms from the United States.”

Tim McCarthy, Dallas-based senior counsel in Dykema’s Commercial Litigation Practice Group, will serve as a featured speaker at the New York City Bar event, “U.S.-Egyptian Relations:  Challenges and Opportunities,” which is set for Monday, Sept. 23 at 6:30 p.m.

Dykema, a leading national law firm, is proud to announce that several of its women attorneys were named to various “Top 50” Women Lawyers lists by Super Lawyers in 2019. Jill M. Wheaton, Deborah D. Williamson and Alison R. Ashmore, each received exclusive recognition in their respective states.

Ed Weil, Chicago-based attorney in Dykema’s Financial Industry Group, will serve as a featured moderator at the Information Management Network’s (IMN) 9th Annual Midwest Bank Special Assets & Credit Officer’s Forum. The conference takes place Sept. 12-13, 2019, in Chicago. Dykema is also sponsoring the conference.

Michigan-based attorneys Mark G. Malven, Leader of Dykema’s Technology and Outsourcing Transactions practice, and Brian R. Balow, Senior Counsel in Dykema's Corporate Finance Practice Group, will both serve as featured speakers at the State Bar of Michigan IT Law Section’s 12th Annual Information Technology Seminar & Annual Meeting on Thursday, Sept. 12, 2019, in Plymouth, Mich.

Laura C. Baucus and Joseph H. Hickey, both of whom are members of Dykema’s Financial Services Litigation practice group, will serve as featured speakers at the American Conference Institute (ACI) 26th National Forum on Residential Mortgage Regulatory Enforcement & Litigation. Baucus is also Co-Chairing the two-day event, which is set to take place at the Omni Dallas Hotel Park West from Oct. 29-30 in Dallas, Texas.

Three members of Dykema’s Automotive Industry Group—Mark Malven, who Leads the firm’s Technology and Outsourcing Transactions practice group, Tom Alleman, Co-Director of the firm’s Insurance Industry Group, and Jesse Halfon, attorney in Dykema’s Litigation Department—will all serve as featured speakers at the World Services Group 2019 Annual Meeting, which takes place Sept. 4-6 in Washington, D.C. Dykema is also serving as co-host for the entire event.

Van Lindberg, San Antonio-based member in Dykema’s Intellectual Property practice and the firm’s Automotive Industry Group, will serve as a featured speaker at the 3rd annual Autolex: Autonomous Vehicle Legal Forum hosted by Benchmark Litigation and Managing IP. The forum will take place Sept. 10, 2019, at the Westin Book Cadillac Hotel in Detroit and will focus on disruptive changes occurring in the automobile industry as autonomous vehicles become a reality.

Shelly 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 extensively in the Credit Union Journal article, “Assessing the fallout from one credit union’s pot-banking exit.”

Dykema, a leading national law firm, announced today the addition of Joanne L. Zimolzak to its Insurance Industry Group and Business Litigation Practice as a Member in the firm’s Washington, D.C., office. Zimolzak joins Dykema after practicing at LeClairRyan. Prior to LeClairRyan, she served as the Office Managing Partner of the Dentons LLP Washington, D.C., office.

Dykema, a leading national law firm, is proud to announce that in addition to being selected by the San Antonio Business Journal as a 2019 Outstanding Lawyers Awards recipient, the publication has chosen Dykema’s Deborah Williamson as its annual Lifetime Achievement Award recipient. Williamson and the other Outstanding Lawyers honorees will be formally recognized at an event scheduled for Thursday, Oct. 3 at The Veranda in San Antonio.

Over the years, much has been written about the Bankruptcy Code’s treatment of small businesses, and the American Bankruptcy Institute Commission’s testimony to Congress this summer made clear that the existing law fell short of providing necessary relief for small businesses. For example, of the 18,000 small business bankruptcy cases filed between 2008 and 2015, less than 27% of those cases resulted in confirmed plans of reorganization. And these numbers excluded countless small businesses that, for a variety of reasons, did not or could not seek bankruptcy relief.

Christopher D. Kratovil, Managing Member of Dykema’s Dallas office and member of the firm’s Commercial Litigation and Appellate practice groups, was quoted in the Texas Lawyer article, “Texas Lawyers Can No Longer Seek Anti-SLAPP Dismissals in Federal Court, 5th Circuit Rules.”

Dykema, a leading national law firm, is proud to announce that Van Lindberg, a Member in Dykema’s San Antonio office, will be co-chair for the Practising Law Institute (PLI) program, Open Source Software 2019 – from Compliance to Cooperation. The program is scheduled for 9 a.m. on October 1, 2019.

Christopher D. Kratovil, Managing Member of Dykema’s Dallas office and member of the firm’s Commercial Litigation and Appellate practice groups, was quoted in a Texas Lawbook article, “Fifth Circuit: Sachse Police Denied Immunity, Face Jury Trial in 2010 Shooting.” 

With the passage of the Cannabis Regulation and Tax Act, Illinois becomes the 11th state to legalize the recreational use of marijuana. As such, Illinois employers must now grapple with the new law’s potential impact on their employees and operations before the law becomes effective on January 1, 2020.

Dykema, a leading national law firm, is proud to announce that Michael R. Carey, a Member in Dykema’s Minneapolis office, was nominated by The Irish Legal 100 for his success as a lawyer of Irish descent.

Dykema, a leading national law firm, is proud to announce that two of its attorneys, Thomas E. Sanders and Deborah Williamson, were selected by the San Antonio Business Journal as 2019 Outstanding Lawyers Awards recipients. Sanders and Williamson are included in a very select list of only 13 lawyers to receive this recognition. They and other recipients will be honored Thursday, Oct. 3 at The Veranda in San Antonio.

Dykema is proud to announce that Abad Lopez, Chicago-based member in the firm’s Labor and Employment practice group, was selected for inclusion in the Law category of the 2019 edition of Who’s Who in Hispanic Chicago as published by Negocios Now. This annual special edition recognizes distinguished leaders in the Latino community of Chicago. The gala event celebrating Lopez and his fellow honorees took place July 12 at the Hyatt Regency in Chicago.

In January 2019, CMS amended its subregulatory program integrity guidance to Medicare contractors with more specific instructions on when and how to use statistical sampling and extrapolation to report and return overpayments (“Transmittal 828”). A subsequent February 2019 Report in Brief from the U.S. Department of Health & Human Services, Office of Inspector General (“OIG”) offers insight into this guidance in the context of an audit of inpatient rehabilitation facility claims (“Report”). Notably, the Report suggests that audit findings later overturned in the rebuttal stage or on appeal can nonetheless be credible information of an overpayment requiring further investigation and can justify extrapolation based on a sustained or high level of payment error. 

Dykema, a leading national law firm, announced today that Dykema was recognized in the BTI Power Rankings 2019: Client Relationship Scorecard report. According to the report, clients see Dykema as one of only 45 law firms with the potential to build market dominance based on the strength of its existing client relationships and list the firm among the best in the nation when it comes to having the strongest client relationships in the legal market.

Brian M. Moore, of the law firm Dykema Gossett PLLC, has been selected as a Fellow of the Litigation Counsel of America. Moore is a member of Dykema’s Litigation Department and also serves as the firm’s General Counsel. In his practice, he handles a variety of commercial litigation matters, including commercial real estate, business/shareholder disputes, financial services, professional liability, and energy litigation. Moore also represents clients in connection with internal investigations.

Dykema is extremely proud to announce that three of its Michigan-based employees were recognized as Unsung Legal Heroes in the July 29 issue of Michigan Lawyers Weekly. The unsung heroes program honors the state’s most talented and dedicated legal support professionals who have consistently gone above and beyond the call of duty, often behind the scenes.

Harold D. Pope, Detroit-based member in Dykema’s Litigation Department, was selected as a Michigan Chronicle 2019 Man of Excellence. An event commemorating Harold’s recognition, as well as the other honorees’ who join him as influential African American men from the Detroit area, will take place August 2, 2019, at the Motor City Casino Hotel. The reception begins at 6 p.m., followed by an Introduction Ceremony of all the honorees at 7 p.m.

Dykema held its 6th Annual Definitive Conference for Dental Service Organizations (DSOs) from July 10-12 at the Omni Dallas Hotel. Designed to serve as an immersive event for practice owners, executives, investors and in-house counsel, the annual conference has been so successful that it has quickly become the preeminent industry event.

Tania Shapiro-Barr, Minneapolis-based attorney in Dykema’s Intellectual Property Practice, was quoted significantly in a Law360 Analysis article titled, “Quick Alice Wins Dwindling In Wake Of Berkheimer Ruling.” In the article, Shapiro-Barr talks about the positive power-shift coming back to patent owners in patent infringement cases.

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, “Scalia nomination signals continued employer-friendly bent at Labor.”

Motivated by concerns that the requirements of Michigan controlled substance (“CS”) laws might result in hospice patients being denied timely access to necessary pain control drugs in their final days, the Michigan legislature amended the CS laws to benefit hospice patients, effective July 8, 2019. Two new exceptions give providers more flexibility under the bona fide prescriber-patient relationship requirement and the Michigan Automated Prescription System (“MAPS”) query requirement, both explained below, for meeting the pain control needs of hospice patients.

Nancy Laben, Chief Legal Officer of Booz Allen Hamilton, spoke on the topic of Grit to a standing room only crowd of in-house corporate counsel and Dykema attorneys at a Fireside Chat luncheon hosted by the Dykema Women's Business Initiative on July 10th at Dykema’s Chicago offices.

Jesse Halfon, Ann Arbor-based attorney in Dykema’s Mobility and Advanced Transportation Team of the Firm’s Automotive Industry Group, was interviewed by Law.com about the rapid growing micro mobility industry. Law.com published Halfon’s answers in one of its weekly “What’s Next,” article under the subheading “The Problem With Dockless Scooter Laws.”

Michigan’s Marijuana Regulatory Agency (MRA) today issued emergency rules for the administration and implementation of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), accompanied by an explanatory press release. There are several notable highlights:

Over the last few months, we have been presenting and reporting on the California Consumer Privacy Act (CCPA), the county’s first comprehensive state law designed to give consumers significant control over the personal data that companies collect. Not to be outdone, New York is working on data privacy legislation that imposes even heavier burdens on companies that collect consumer information.

Christopher D. Kratovil, Managing Member of Dykema’s Dallas office and member of the firm’s Commercial Litigation and Appellate practice groups, was quoted in a Texas Lawbook article titled, “Fifth Circuit: Securities Offering Fraud Cases Require More SEC Fact-finding.” 

Following SCOTUS’ ruling in Iancu v. Brunetti, Marsha G. Gentner, Washington, D.C.-based senior counsel in Dykema’s Intellectual Property Practice Group, shared her assessment of the decision with several publications, including The Washington Post, Bloomberg Law, World Trademark Review, World Intellectual Property Review, and Managing IP.

Cinthia Motley, Director of Dykema’s Global Data Privacy and Information Security practice group, was quoted in an article published on TechTarget.com titled, “Social media analytics best practices tempered by privacy laws.”

Dykema's Insurance Industry Group has announced the launch of Insurance Coverage Notes and Developments, a blog providing thoughtful and concise analysis of emerging issues in the insurance industry. The Blog provides a broad discussion of issues of interest to professionals engaged in the insurance industry who are eager to stay abreast of legal developments.

James S. Azadian, Los Angeles-based member in Dykema’s Commercial Litigation Practice Group and the firm’s nationwide appellate practice, discusses 9th U.S. Circuit Court of Appeals Judge Consuelo M. Callahan in the Daily Journal’s Judicial Profile article in which they cite her as the “Voice of Reason.” Azadian clerked for Judge Callahan from 2004-2006.

Brandon Durrett, San Antonio-based member in Dykema’s Corporate Finance Group who focuses his practice on Oil & Gas, provided his comments in a Law360 analysis article titled, “3 Trends Set To Fuel Oil And Gas Deal-Making.”

Dykema is pleased to announce that it was included in the report, BTI Brand Elite 2019: Client Perceptions of the Best-Branded Law Firms, revealing that Dykema is ranked among the top law firms in the nation in regards to the best brand standing among GCs and legal decision makers.

Dykema, a leading national law firm, announced today that the firm’s Automotive Product Liability Litigation and Automotive Litigation practices have been ranked by the Legal 500 United States 2019. In addition to the practice rankings, nine of Dykema's Automotive Industry Group attorneys received individual recognition, including Terri Reiskin and Derek Whitefield being named “Leading Lawyers.”

Brandon Durrett, San Antonio-based Member in Dykema’s Corporate Finance Group was quoted at length in the Texas Lawyer article, “Energy M&A Down Dramatically in Early 2019. Then Came the Chevron/Anadarko Deal.”

Larissa Sanchez Fields, San Antonio-based member in Dykema’s Commercial Litigation practice group, talks about her career as a litigator in the San Antonio Woman article, “Women in Law: Raising the Bar.”

Jennifer Fraser, Washington, D.C.-based member in Dykema’s Intellectual Property Group and leader of the firm’s Trademark Practice Group, provided trademark infringement insight to Outside Magazine for its article “Why Patagonia Is Suing Anheuser-Busch Over Beer.”