Publications

George Mesires authors article in Chicago Daily Law Bulletin

Frank Saibert authors article in Chicago Daily Law Bulletin

Peter Klobuchar authors article in Chicago Daily Law Bulletin

Dennis Bouxsein authors article in Chicago Daily Law Bulletin

David Bronner featured in Chicago Lawyer Magazine article about expert witness specialty

Michael Ficaro and Kristopher Stark author article in Casino Lawyer Magazine

Mike Philippi Reviews Zapatista as Chicago Lawyer's Restaurant Critic.

How to avoid disputes over architectural drawings.

Q: Are continuing care retirement communities' entrance fees protected under law when a CCRC files for bankruptcy or restructures its debt?

Mike Philippi Reviews Vie, Gage, and Henri as Chicago Lawyer's Restaurant Critic.

Q: A resident decided to get out of bed without calling for help, fell and broke her hip. Can we be sued for supposedly insufficient oversight/monitoring?

Mike Philippi reviews Salatino's as Chicago Lawyer's Restaurant Critic

Mike Philippi reviews Nick's Fishmarket Grill & Bar as Chicago Lawyer's Restaurant Critic

Q: How can our facility contract with the facility owner's personal company to provide ride service to our residents?

Mike Philippi reviews Vivo as Chicago Lawyer's Restaurant Critic

If a staff member suspects abuse of a resident—whether by another resident, employee, or visitor—how must it be reported?

Article highlights a pro bono program in which lawyers from Ungaretti & Harris will represent domestic violence victims seeking civil orders of protection in the Domestic Violence Division, the newest division in Cook County Circuit Court.

How can I keep unions away from my facility?

Where might providers most easily fall afoul of the law concerning Family and Medical Leave Act (“FMLA”) requests or actions?

What are some of the most common traps providers fall into when calculating employee compensation?

What are the top legal ramifications of loan workouts and defaults for senior care providers?

My boss is leaning on me to contribute my time or money (or both) to his favorite charity. Is this legal?

George R. Mesires Authors Article in ABI Journal

Mike Philippi Reviews Café 103 as Chicago Lawyer's Restaurant Critic

I contribute to purchasing decisions at our facility and am not sure what type of “premiums” or gifts I should accept from vendors and suppliers. Any advice on this?

Mike Philippi Reviews Shikago as Chicago Lawyer's Restaurant Critic

We are planning our annual holiday party. Should we have any concerns?

What can we do to discourage employees from getting tattoos and body piercings?

March 2009, Updated 9/23/09

In which employees' contracts can I put a “non-compete” clause? Are there any other ways I can legally restrict them from jumping ship?

What are the implications of the proposed Employee Free Choice Act ("EFCA") and what can we do as employers to better prepare ourselves if this new measure is enacted into law?

Previously, you discussed the basics of the federal False Claims Act (FCA). What are some specific applications of the FCA in the nursing home and senior housing context?

Given the current economic climate, this is a good time to review how the duties of officers and directors change when a company is undergoing financial distress and becomes insolvent and what directors can do to protect themselves from personal liability.

With all the reports about bills to outlaw advance arbitration agreements, we're having trouble getting them signed. Any suggestions for making them more attractive or persuading residents and their families these are legal and can be helpful to both sides?

Brian Krob Authors Article in ACG Chicago Journal

The raiding of resident trust funds and theft of insurance checks by staff are perhaps the two most significant fraud/embezzlement problems in long-term care. What is your advice for guarding against them?

Under what circumstances can I discharge a resident we no longer want to serve?

What are the most important lessons from the trial of the Manganos, the New Orleans facility owners who didn't evacuate for Hurricane Katrina and were recently acquitted of negligent homicide charges?

We heard we can now legally help our residents understand/choose their Part D drug benefit plans. Is this true?

If I suspect one or more members of the board of directors of doing something unlawful how should I report it?

What do you suggest to guard ourselves against improper workers' compensation claims (either bogus claims or claims related to previous or other employment)? Can we test employees somehow?

Lynn Gordon authors article in Health Care Law Monthly

What do you think of new federal guidelines concerning surveyors using photographic evidence?

With so many other legal and regulatory concerns, I now hear we have to be extra careful with marketing materials. Is that true?

How can I advise my board of directors to best avoid intermediate sanctions from the IRS?

We've heard of several cases of arbitration agreements in admission packets being "unconscionable." How do we avoid getting that label while still keeping a strong arbitration statement?

Voir dire. It means, literally, “to speak the truth.” Most lawyers think voir dire calls upon them to speak to the jury when, in fact, they should let the jury speak to them. History is littered with the carcasses of vain trial lawyers who thought voir dire was their turn to talk.

Low-income and dual-eligible residents have been complaining about the costs under the Medicare Part D program. Is there any relief I can recommend?

It’s no secret that the very nature of the construction industry frequently presents a litigious environment. From general contractor to subcontractor, architect to supplier, owner to purchaser, and most any combination thereof, the differing interests and sheer number of parties involved in a construction project set a stage that is ripe for confrontation and legal disputes.

Cross-examination is often thought to be one of the most difficult tasks for the trial lawyer. The federal defender in the U.S. District Court for the Northern District of Illinois, Terrence F. MacCarthy has developed a system that will calm your fears and steady your nerves. It is called the “look good” cross, and it is being taught by the National Criminal Defense College and the U.S. Department of Justice as a preferred method of cross-examination. It is high time civil lawyers adopted this system as well.

How does one guard the facility against liability issues when a resident abuses an employee?

“Everyone is entitled to his or her own opinion.” How many times have you heard that phrase? One of the messages behind the phrase is this: Once a person’s mind is made up and an opinion is formed, it is very difficult to change that opinion—if it’s the individual’s own opinion.

Imagine you open your mail at home and receive a mandatory summons to attend a focus group of sorts, one where marketers present their products and you must confer with several strangers about which products to pick. You know nothing about the products before arriving at the presentation, nothing about the presenters, and nothing about your fellow conferees. How are you going to decide?

If we want to do a background check on a prospective employee, whom should we contact? It seems like there’s been a groundswell for “just say you’re sorry;” and we were wondering: Is that ever a good idea to do when somebody’s been injured?

They are designed to specify the information upon which the parties are relying in deciding to proceed with the transaction. Typically also buried in the boilerplate at the end of such agreements is a “non-reliance” provision, which provides that the buyer (or seller) disclaims any reliance on any information other than that specified in the representations and warranties of the acquisition agreement. For example: “As between or among the parties, any oral or written representation, agreement or statement not expressly incorporated herein, whether given prior to or on the effective date, shall be of no force and effect unless and until made in writing and signed by the parties on or after the effective date.” The exclusion or inclusion of such language and the jurisdiction of the court applying it can have a substantive impact on the success (or failure) of your claims in the event of a dispute arising from the acquisition.

How do we get one of those temporary restraining orders for visitors or family members who are a royal pain in the neck and sometimes abusive to staff? Are our incident reports subject to discovery in negligence or malpractice claims?

In a jury trial, you are on stage. From the moment you leave for the courtroom until the moment you return to either home or office. This article will give you an option for responding to the unfair rulings and cheap tricks that are sometimes seen in courtrooms.

Trial lawyers spend a lot of time talking about justice. They seek justice for their clients. They want a just result. I suggest, however, that talking of justice is not the best way to motivate your jury at trial. Justice is a theoretical concept. On the other hand, correcting an injustice is a motivation to act, a call to arms for the jury to accomplish something beneficial. If you want to motivate your jury, focus on the injustice to your client. It is that injustice that you want the jury to correct through its verdict.

We’d like to get more relatives taking responsibility for deceased residents’ unpaid bills. What is effective to include in admission agreements as to having children sign on as guarantors, etc.? When can we make someone else sign on the dotted line if there is reluctance on relatives’ part?

The owner of our facility apparently is starting a sub-company to take care of housekeeping and/or food services. Isn’t there a danger in sub-contracting or referring business to “yourself,” so to speak?

We have all heard that effective direct examinations use non-leading questions, ask the who, what, why, when, where and how questions; use headlines and looping as attention and memory techniques; and try to tell a persuasive story but in the context of the overall case presentation. “That’s great!” You may think. “But how do I put all of this together in one examination?” This article explores one way to do it—backwards.

What cautions do you have about filling out CMS 2567s for plans of correction?

I realize I need to get a good anti-drug use policy in place quickly what should I do?

The Illinois Supreme Court recently changed how zoning hearings must be conducted. This article discusses the decision and suggests rules municipalities can use to conduct hearings that comply with the court’s mandate of broader due-process rights for objectors to zoning proposals.

These are the 10 rules for effective witness preparation. I have been using the Ten Commandments format for 15 years now, so apologies to those offended by the borrowing of the religious phrase. For those who wish to read religion into them, be forewarned: You cannot display them in stone in a courthouse lobby. But they are useful, so read on.

Credit derivatives – bilateral contracts and debt securities the value of which is linked to the credit status of a company, a debt obligation, or a pool of debt obligations – have been available since 1992.1 The importance and frequency of use of these products, however, were transformed by the events of 2001.

It has been my honor and pleasure to serve as the President and lead the Chapter during this period of unprecedented growth.

In light of increased scrutiny under the Anti-Kickback Statute of any financial or other incentives provided to referral-source physicians, and increased Stark Law enforcement activity, hospitals are questioning whether such continued support of medical staff events is legally prudent.  This article sets forth basic policy guidelines for compliance.

As a volunteer organization, the ACG depends on its members to provide the time and energy required to make this a vibrant and meaningful association.

Corporate governance is the process by which a corporation’s management is held accountable to its residual owners—the stockholders. Because of Enron, WorldCom and scores of other corporations currently embroiled in accounting and managerial scandals, the New York Stock Exchange (NSYE) and the NASDAQ Stock Market (NASDAQ) have approved sweeping new listing standards and Congress has enacted wide-ranging federal legislation—the Sarbanes-Oxley Act of 2002—that will profoundly affect the nature of and control over corporate governance in the United States. This column briefly traces the development of the modern conception of best practice with respect to corporation governance and then discusses the key requirements that will be imposed by the new listing standards and Sarbanes-Oxley.

This article presents case study on federal and state laws applicable to health screening tests in the state of Illinois. Although such tests may face similar regulations in other states, clinical laboratories and other health care entities involved in health screening activities should be aware of and comply with applicable state laws in tandem with the relevant federal rules and regulations.

The purpose of this article is to provide physicians and their employers with a basic overview of models of physician compensation for use in determining specific compensation arrangements. 

A CRISIS can bring out the worst in people.  For lawyers, the urgency, pressure and tension often result in a flurry of thoughts about litigation - motions, venue, defenses - and a blind eye to problem-solving skills.  But the best crisis-management skills were ones learned in kindergarten. 

The ad hoc committee's report was released subsequent to the bankruptcy filing by Orange County, California, on revising the municipal bankruptcy code.