Articles and Blogs

OFCCP recently mailed a new batch of Corporate Scheduling Announcement Letters (“CSALs”) to unlucky companies that are on the short list to be audited later this year.  Consistent with its recent practice, the notices are addressed to the “Human Resource Director” at local establishments as opposed to the company’s corporate headquarters.  

Whether the Equal Employment Opportunity Commission (“EEOC”) is engaging in proper conciliation efforts, prior to bringing a lawsuit, is an issue that many employers have grappled with when forced to the brink during pre-lawsuit negotiations. After the Seventh Circuit Court of Appeals (including Indiana, Illinois and Wisconsin) held, for the first time, that the EEOC’s…Read More

Executive Summary On July 29, 2014, legislation designed to both combat prescription drug abuse and ensure patient access to prescription drugs advanced by voice vote in the House of Representatives. This legislation, bolstered by bipartisan sponsorship from Reps. Marsha Blackburn (R-TN), Judy Chu (D-CA), Tom Marino (R-PA) and Peter Welch (D-VT) is designed to clarify…Read More

In Associated Bank, N.A., v. Jack W. Collier, 2014 WI 62, the Wisconsin Supreme Court (the “Court”) held that a judgment creditor must levy a debtor’s specified non-exempt personal property in order to obtain a priority lien. Prior to Collier, a judgment creditor could impose an equitable lien, superior to other creditors’ unsecured claims, through…Read More

And so it continues. In an advice memo dated July 29, 2014, the General Counsel of the NLRB has given authorization to include a franchisor (McDonald’s) as a named party in unfair labor practice charges arising out of the treatment of franchisee employees. Some believe that this move is just part of the increasing pressure…Read More

Congress Urges FCC to Clarify Meaning of Not-for-Profit Hospital On August 1, members of the House of Representatives sent a letter to Federal Communications Commission (“FCC”) Chairman Tom Wheeler urging the FCC to clarify the meaning of “not-for-profit hospital” utilized by the Universal Service Administration Company (“USAC”) when determining eligibility for broadband network subsidies available…Read More

Executive Summary The Food and Drug Administration (“FDA”) released five regulatory and guidance documents pertaining to compounding in an effort to provide clarity to pharmaceutical stakeholders.  The documents, issued pursuant to the Drug Quality and Security Act (“Act”), describe expectations regarding compliance with current good manufacturing practices (“cGMPs”) for compounding outsourcing facilities and standards for…Read More

On July 21, 2014, the Indiana Court of Appeals issued an opinion in Giles v. Anonymous Physician I, refusing to extend the physician patient relationship to a hospitalist asked to consult on a patient – the hospitalist refused the consult because the patient’s primary care provider had not approved hospitalist care for his patients.  Plaintiff…Read More

 On July 22, 2014, the Wisconsin Supreme Court released Masri v. State of Wisconsin Labor and Industry Review Commission, 2014 WI 81, in which it held that an unpaid intern was not an “employee” subject to anti-retaliation protection under Wis. Stat. § 146.997, Wisconsin’s whistleblower protection law for health care employees. Asma Masri, a former…Read More

The Seventh Circuit reversed a district court’s decision finding that it lacked jurisdiction over a whistleblower’s claim under the False Claim Act’s public disclosure bar. In U.S. ex rel. Heath v. Wisconsin Bell, Inc., the Court held that even though the Complaint relied in part upon publicly available information, the Relator’s allegations rested upon a…Read More