Monthly Archives: June 2013

Multistate Tax Update — June 20, 2013

As the debate wages on over the desirability of the Marketplace Fairness Act of 2013 (Fairness Act), a trio of state attorneys general have heightened their efforts (and publicity) in opposition. If passed, the Fairness Act enables states to require remote sellers to collect and remit sales taxes to other states on such remote sales. This would mean citizens of and businesses in states where sales taxes do not exist would need to collect and remit sales taxes to other states into which they are making remote sales.

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Michelle Kantor receives Lifetime Advocate Award from the Federation of Women Contractors

Chicago, Illinois (June 20, 2013) – McDonald Hopkins’ Member Michelle Kantor received the Lifetime Advocate Award from the Federation of Women Contractors (FWC) at the organization’s recent Annual Awards Reception.

The Lifetime Advocate Award is a significant recognition which has only been given out three times in the organization’s 24 year history. The FWC is committed to advocating for women-owned businesses and women executives in the construction industry. The FWC’s Annual Award Reception recognizes women and men in the industry who exemplify the ideals of the organization.

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Healthcare Alert: OIG advisory opinion: Laboratory services and federal kickback statute

In a recent opinion (Opinion 13-03) from the Office of Inspector General (OIG) of the Department of Health and Human Services, the OIG expressed concerns regarding a laboratory services arrangement and the federal Medicare and Medicaid kickback statute. This opinion can be found here.

A laboratory requested the advisory opinion from the OIG about a prospective plan. Under the proposed arrangement, the laboratory’s owners would form a management company. The management company would be in the business of assisting physician groups in setting up their own laboratories. The management company would lease (or arrange for the leasing of) laboratory suites to each physician group, as well as laboratory personnel and equipment necessary to operate the laboratory. The management company would also enter into a management agreement with each physician group to manage the laboratory on behalf of the group.

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Proactively Approaching Telehealth Informed Consent

Before initiating treatment, health care providers must generally obtain their patients’ informed consent. The purpose of the informed consent process is two-fold. First, it allows patients to gain an understanding of the risks and benefits of the proposed treatment, and alternative courses of action. Second, it helps shield providers from legal exposure.

A formal informed consent process is particularly critical for procedures that carry a high risk of patient injury. When considering such “high-risk” procedures, neurosurgery or radiation therapy may come to mind. However, in the practice of telehealth, reliance on imperfect technological tools, as well as the “distance” factor, can propel otherwise routine treatments into a higher risk category.

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Alex Zabrosky speaks at AON Consulting Industry Symposium

Arnstein & Lehr

Alex Zabrosky

Arnstein & Lehr Chicago Partner Alex W. Zabrosky served as a panelist during the AON Consulting Industry Symposium, held in New York City on June 12-13, 2013. Mr. Zabrosky spoke on the panel “M&A Risks for Consulting Firms – Pitfalls and Problems to Watch Out For” with three other executives from various consulting companies.

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When Should Data Underlying Scientific Studies Be Discoverable?

There is significant tension between the goals of scientific research and the demands of litigation. For scientific researchers, the amount of time required to respond to discovery takes away valuable time that might be otherwise devoted to research. Injustice and unfairness may result when a scientist, who has taken no part in a litigation, is served with a lengthy subpoena requiring him to devote large chunks of time to produce the required information. 

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Divorce increasing among Baby Boomers

It appears that the Baby Boom Generation could be starting a revolution in the divorce court.

Overall, 61% of America’s divorce attorneys say that they have seen an increase in the number of divorce cases among couples over 50-years of age, according to a recent survey of the American Academy of Matrimonial Lawyers (AAML). 

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Barry Katz quoted in Law 360 article about real estate investment

Arnstein & Lehr

Barry Katz

Arnstein & Lehr Chicago Partner Barry R. Katz was quoted in a Law 360 article on June 13, 2013. The article, titled “Sunbelt Real Estate Investment on the Rise,” discusses how a number of investors are purchasing real estate portfolios in the “Sunbelt” region of the United States, even though it suffered some of the worst effects of the housing crisis after experiencing a population boom in the years prior.

To read the article in full, please click here.

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Rainmaking Recommendation from Jaimie Field: Building Visibility v. Building Relationships

It’s a beautiful Wednesday morning here in New Jersey, and today, we’re bringing you another wonderful rainmaking recommendation from expert Jaimie Field!


I had an interesting conversation with an attorney who doesn’t believe that blogs, answering legal questions online ala AVVO, websites, social media or online marketing at all brings clients to the door. Instead, he believes in networking: meeting people everywhere and telling them what he does for a living and creating real life relationships with people who can refer him business.

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"The Last Word," MSNBC, Steve LaTourette featured

Steve LaTourette was featured on MSNBC’s The Last Word on Wednesday, June 19th.

Click here to view the program.

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