Dickinson Wright

500 Woodward Avenue Suite 4000
Detroit, Michigan 48226-3425, United States

Contact: Michael Kolb

  • 313-223-3500
  • 313-223-3598

FBI Warning to Health Care Sector Holds True

In April of this year, the FBI issued a Private Industry Notification (PIN) to the health care industry warning of the “likely increase [in] cyber intrusions against health care systems.” In the same month, and into June of this…more
| Criminal Law, Privacy, Consumer Protection, Health, Science, Computers, & Technology

Tennessee Attorney General States that Physical Therapists Cannot Perform Trigger-Point Dry Needling

In an opinion released on June 19, 2014, the Office of the Tennessee Attorney General stated that Physical Therapists cannot lawfully perform Intramuscular Manual Therapy or Trigger-Point Dry Needling. Dry Needling therapy…more
| Administrative Law, Health

Laboratory Payments to Physicians for Specimen Processing Present Substantial Risk of Fraud and Abuse

The United States Office of Inspector General (“OIG”) recently issued a “Special Fraud Alert” focusing on two potentially illegal trends that it has detected in arrangements between laboratories and their referring physicians…more
| Health, Science, Computers, & Technology

HHS Heat Initiative Continues Fraud Crackdown

A number of recent cases demonstrate Health and Human Services’ (“HHS”) Health Care Fraud Prevention and Enforcement Action Team’s (“HEAT”) continued success in cracking down on healthcare provider fraud. Since 2009, the federal…more
| Health, Government Contracting

Expanding Employer Responsibilities in Ontario Regarding Employee Parent and Family Obligations

A recent decision of the Federal Court of Appeal in connection with a decision of the Canadian Human Rights Tribunal has attempted to clarify the obligation of an employer to accommodate employee needs in the context of "family…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Peer Review is not always Privileged

Hospitals, ambulatory surgery centers and independent diagnostic centers cannot exist without physicians and other medical providers. In order to practice at those facilities, the medical professional often is required to be…more
| Civil Procedure, Health

Storming the CASL - Your email to Canada may now be against the law

Canada’s Anti-Spam Legislation (CASL) took effect July 1, 2014. CASL prohibits sending commercial electronic messages (CEMs) such as email, to parties in Canada without consent. If you don’t have consent or fall under one of the…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy, International Law & Trade

Auto Repair Shop Antitrust Actions May Be Consolidated into Multidistrict Litigation

Over the course of the last several months, auto body repair shops in five states (Florida, Mississippi, Indiana, Utah and Tennessee) filed antitrust actions against a collection of auto insurers, alleging that the insurers’…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

Do Subsidized Health Care Plans Purchased Under the Affordable Care Act Trigger the Anti-Kickback Statute?

The advent of federally subsidized private pay health insurance under the Affordable Care Act has the potential to expand the application of the federal anti-kickback statute beyond just Medicare, Medicaid, and Tricare. The…more
| Health

HIPAA Violation Results in $4.8 Million Settlement

While most healthcare providers know to pay close attention to the HIPAA rules when setting up their information technology systems, recent events have demonstrated that this close scrutiny should also be applied to computer…more
| Privacy, Health, Science, Computers, & Technology

Pojoaque’s Plan to Seek an Imposed Contract: Is Interior’s Process Consistent with IGRA?

The Pueblo of Pojoaque needs a new Class III gaming compact by June 2015 in order to continue operating its casinos which are located north of Santa Fe. However, the Pueblo objected to the financial concessions being demanded by…more
| Administrative Law, Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Indigenous Peoples

The Supreme Court Of The United States Holds That ESOP Fiduciaries Are Not Entitled To A Presumption Of Prudence, Clarifies Standards For Stock Drop Claims

On June 25, 2014, the Supreme Court of the United States unanimously held that there is no special presumption of prudence for fiduciaries of employee stock ownership plans (“ESOPs”). Fifth Third Bancorp v. Dudenhoeffer, No…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Business Torts, Securities Law

Healthcare Legal News - July 2014 • Volume 4, Number 2

In This Issue: - DO SUBSIDIZED HEALTH CARE PLANS PURCHASED UNDER THE AFFORDABLE CARE ACT TRIGGER THE ANTI-KICKBACK STATUTE? The advent of federally subsidized private pay health insurance under the Affordable Care…more
| Civil Procedure, Privacy, Health, Insurance, Science, Computers, & Technology

Insurance Antitrust Legal News - July 2014 • Volume 3, Number 4

In This Issue: - COURT DENIES BLUES’ MOTION TO DISMISS IN RE BLUE CROSS BLUE SHIELD ANTITRUST LITIGATION (MDL 2406): On June 18, United States District Court Judge David Proctor (Northern District of Alabama)…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law, Health, Insurance

Supreme Court to Take on Trademark Tacking

In trademark disputes, parties may battle over who was the first to use the mark. In other words, each party wants to establish that it is the “prior user”. One way to establish priority is through a doctrine called “tacking”,…more
| Civil Procedure, Intellectual Property
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Areas of Practice
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100+ Attorneys

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