Tag Archives: McDonald Hopkins

ILN Today Post

UPDATE: Texas District Court issues preliminary injunction preventing CMS from recouping overpayments until an ALJ has heard and rendered a decision

In an update to our alert on June 8, 2018, “Texas District Court issues temporary injunction preventing CMS from recouping overpayments,” the U.S. District Court for the Northern District of Texas entered a preliminary injunction preventing CMS from recouping an alleged overpayment pending an Administrative Law Judge decision on the appeal of the alleged overpayment determination.

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ILN Today Post

#MeToo applies to more than just sexual harrassment

Title VII of the 1964 Civil Rights Act makes it illegal to harass workers not only on the basis of sex, but also race, color, religion or creed, pregnancy, national origin or ancestry and citizenship. Other laws, both federal and state, make it illegal to harass individuals of other characteristics, including but not limited to marital status, familial status, genetic information, military or veteran status, age, and physical or mental disability.

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McDonald Hopkins welcomes attorney Jeff Van Winkle

Jeff Van Winkle has joined the Chicago office of McDonald Hopkins LLC as a member, bringing more than three decades of experience representing businesses, investors and entrepreneurs. He comes to McDonald Hopkins from Clark Hill PLC.

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ILN Today Post

What does Supreme Court ruling on public-sector unions mean for your organization?

In a landmark decision on June 27, 2018, the Supreme Court by a 5-4 margin overruled a thirty-year precedent requiring public employees to pay “agency fees” for non-union member individuals. What does this mean for the future? Detroit Free Press writer John Gallagher, who is also a union president for the Newspaper Guild of Detroit, offers the fascinating perspective on “why unions will survive” the court’s decision. Detroit-based McDonald Hopkins attorneys James Boutrous, Miriam Rosen, and David Schelberg have been considering how the decision will impact their clients and other organizations, public and private. Here is a look at some of their initial thoughts:

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ILN Today Post

Federal and commercial payor medical record requests are important – Don’t dismiss them!

It is becoming more and more common for providers to receive what appear to be innocuous medical records requests from both federal and commercial payors. These requests are typically based on data analytics available to the payor that identify the provider as an outlier in some respect. Payors use the analytics to look for potential overpayment issues. Unfortunately, most providers do not understand the significance of these requests and the impact that an incomplete response can have on a future potential overpayment demand and/or possible imposition of a payment suspension by Medicare or a commercial payor.

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What a wreck: Attempted rejection of implied franchise leads to dismissal of bankruptcy cases

This spring, the United States Bankruptcy Court for the District of Delaware found that the bankruptcy case of Rent-a-Wreck, the car rental business, could be dismissed for bad faith because of its long and ongoing dispute with one of its franchisees. (See In re Rent-A-Wreck of America, Inc., 2018 BL 48230 (Bankr. D. Del. 17-11492)) The case serves as a cautionary tale for franchisors that are in some type of financial distress due to particularly contentious disputes with their franchisees; bankruptcy cannot be used as a tool to simply discard a particularly problematic franchisee.

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California: Franchise Tax Board seeks Supreme Court review of state sovereignty in tax cases

In 2016, the United States Supreme Court decided the case Cal. Franchise Tax Bd. v. Hyatt, in which the Franchise Tax Board of California (FTB) asked the court to put an end to the precedent that allows a “sovereign State [to] be haled into the courts of another State against its will,” as the FTB put it in its cert petition at the time. Had the court done what the FTB asked, the court would have overruled its 1979 decision in Nevada v. Hall. Instead, the court deadlocked and affirmed Hall’s holding, that one state is not constitutionally immune from being sued in the courts of another. The Hall court reasoned that no such protection was “discussed by the framers,” or articulated anywhere else in the Constitution.

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Federal tax reform spurs tax cuts

In a number of our recent articles, we have addressed various states’ responses to the changes in federal tax law brought about by the late 2017 Tax Cuts and Jobs Act. A report by the Council On State Taxation and State Tax Research Institute predicts that the act “will result in corporate income tax reductions over the first 10 years of $329.4 billion, [which is a] reduction of about 10 percent year in corporate income taxes at the federal level.”

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Estate planning techniques for high net worth individuals

In episode 13 of McDonald Hopkins’ bi-weekly podcast series, MH Business exchange, host Mike Witzke talks with estate and trust attorney Katherine Wensink about how high net worth individuals should react to estate tax changes that went into effect Jan. 1, 2018, as part of the federal tax overhaul.

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ILN Today Post

Can you monitor your employee’s emails and internet usage?

Q. MAY I MONITOR EMAILS THAT AN EMPLOYEE SENT ON THE EMPLOYEE’S WORK COMPUTER OR REVIEW OTHER INFORMATION ACCESSED ON MY (THE EMPLOYER’S) NETWORK?

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