In the News

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.”

Jonathan S. Feld, Chicago-based member in Dykema’s Litigation Department and leader of the firm’s Government Investigations and Corporate Compliance group, discusses the likely impact of the U.S. Supreme Court ruling affecting False Claim Act filing deadlines in the Modern Healthcare report, “Supreme Court Gives Whistleblowers More Time to Bring False Claims Lawsuits.”

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 Dallas Morning News article, “Campaign Worker for Rep. Charlie Geren Apologizes and Admits He Was Behind Political Dirty Trick.”

Sean C. Griffin, Washington, D.C.-based Member in Dykema’s Commercial Litigation Group, was quoted several times in the May 2019 issue of Washington Lawyer in the article, “Cybersecurity Rules & Risks for the International Lawyer.”

Tom Vaughn, Detroit-based member in Dykema’s Corporate Finance Group and co-leader of the firm’s Mergers & Acquisitions Practice, was quoted extensively in the Law360 article, “The Questions Corporate Attorneys Are Hearing Most From Clients.”

Stephen Sayre, Chicago-based member in Dykema’s Corporate Finance Group and co-leader of the firm’s Mergers and Acquisitions practice, served as a featured panelist at the Connect Chicago conference, which focused on commercial real estate trends and took place on May 14 at the W City Center Hotel.

Thomas S. Vaughn, Detroit-based member and co-leader of Dykema’s M&A practice, will serve as a featured speaker at The Michigan Association of Certified Public Accountants (MICPA) Anti-Fraud Issues | Litigation & Business Valuation Conference. The conference takes place on May 21 at the MSU Management Education Center in Troy, Mich.

Jonathan S. Feld, Chicago-based member in Dykema’s Litigation Department and leader of the firm’s Government Investigations and Corporate Compliance group, was quoted extensively in the Modern Healthcare article, “Justice Department Sheds Light on Limiting False Claims Act Damages.”

Join Brian Colao, the Director of Dykema's DSO Industry Group, and Amol Nirgudkar, the CEO of Patient Prism, to learn the four keys to success in creating a DSO that will attract - and retain- incredible dentists. You’ll leave with both insights and action steps that will give you an edge in this competitive environment.

Utah enacted a sweeping data privacy law that affects how employers and corporations respond to police demands for data. With this new law, Utah becomes the first state to protect electronic information individuals disclose to third parties.

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 in the Credit Union Journal article, “Not serving pot shops? Legal weed still impacts your credit union.”

Chris 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, “Why Are Civil Defense Lawyers Thrilled the Texas House Passed This Bill?”.

Article 9 of the Uniform Commercial Code (“UCC”) has become highly technical, reflecting the complexity of modern secured transactions and the intricate relationships of debtors, secured parties and others who have or may have interests in a debtor’s assets. Some of its rules, however, seem relatively easy to understand and apply.

In a blog post published on April 15, 2019, the Administrator of the federal Centers for Medicare and Medicaid Services (CMS), Seema Verma, reiterated CMS’ “sacred trust” to protect residents of skilled nursing facilities (SNFs) from abuse and neglect and to ensure that they receive high quality care. Ms. Verma outlined five key initiatives that CMS has taken and is presently working on to fulfill this mission. While many sound familiar, the blog post evidences CMS’ renewed intent to impose stricter consequences for underperforming SNFs and to subject all SNFs to enhanced public scrutiny. 

Chris Kratovil, Managing Member of Dykema’s Dallas office and member of the firm’s Commercial Litigation and Appellate practice groups, comments on the Texas Citizens Participation Act (TCPA)—the state’s anti-SLAPP law—in the Texas Lawyer article “Bill to Limit Attorneys’ Ability to Win Anti-SLAPP Dismissals Just Passed Texas House.” 

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), comments on the merging of the state’s medical and recreational cannabis agencies in the Detroit News article, “Michigan's New Marijuana Agency Will Regulate a Market in Turmoil.”

Dykema is proud to announce that David West, San Antonio-based Member in Dykema’s Financial Services Litigation Practice Group, has earned a Lexology Content Marketing Award for Q1 2019. Lexology is specifically recognizing West as “Legal Influencer for Private Client – US” because of the success and influence of his article, “Accessing and Protecting Digital Assets: Fiduciary Duties in a Digital World,” which was published on Dykema’s NextGen Financial Services Report blog and shared on Lexology’s platform.

Jonathan W. Michael, Chicago-based member in Dykema's Tax & Estate Planning Practice, will serve as a featured speaker at the Illinois Institute for Continuing Legal Education's 62nd Annual Estate Planning Short Course. This two-day event, which is considered the preeminent legal education event for estate planning attorneys and trust officers in the State of Illinois, will take place in Chicago on May 6-7 and in Champaign on May 14-15.

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.

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, explains the relevance of the supplemental guidelines to the proposed federal overtime pay regulations in the article “DOL Presses Change in Regular Rate of Pay for Overtime,” as published in Material Handling & Logistics.

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).