Publications

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

Mike Philippi Reviews Shikago as Chicago Lawyer's Restaurant Critic

Mike Philippi Reviews Roof 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?

Pursuant to an action of the Federal Trade Commission, the deadline for implementation of a written identity theft prevention program has been extended to November 1, 2009.

Charles R. Bernardini Authors Italian E-Book

Jim Shanley Authors Chicago Daily Law Bulletin Article

Kamau Coar Authors Column in Chicago Lawyer

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?

Alton B. Harris Co-Authors Article in Journal of Taxation and Regulation of Financial Institutions

To avoid possible legal problems down the road, we've decided to aggressively "trust and verify" the accuracy of financial and background disclosures for admissions. What, however, are the
legal concerns with how we do this?

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.

John Buckley Co-Authors Article in ABA's The Brief

Brian Krob Authors Article in ACG Chicago Journal

Kamau Coar authors column in Chicago Lawyer

Some of our trustees are spooked by recent stories and warnings about board members being held liable for things that go wrong at nursing facilities. How do we help them get over their concems?

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?

Anne M. Haule authors article featured in DecisionHealth's Medicare Compliance Alert

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

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

Long before a case goes to trial, parties have a responsibility to act with care in preserving potentially relevant documents. In fact, the duty to preserve documents typically extends to a date far before the actual filing of a lawsuit. This duty to preserve must be taken seriously. The failure to do so can expose a company to severe repercussions including allegations of document destruction, evidence spoliation issues, and ultimately court ordered sanctions and fines. This article addresses what a company must do to protect itself from such risk.

This issue we continue a discussion of corporate compliance programs, including how suspected fraud or abuse should be reported.

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?

Anne Haule authors article in Diagnostic Imaging

Lynn Gordon authors article in Health Care Law Monthly

As a controlling stockholder of a corporation, it is important to remember that Delaware law imposes a duty upon a selling controlling stockholder (i) to make such inquiry of a proposed buyer’s plans for the target company as a reasonably prudent person would make, and (ii) to generally exercise care.

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.

What are policy essentials for avoiding monetary penalties regarding "do not resuscitate" orders?

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?

In June of 2004 I wrote an article for this publication describing the legal risks arising out of per-click and time-share leases between imaging centers and referral-source physicians—risks that extend to both sides of the transaction. In that article, I characterized these leases as “too good to be true.” Given the proliferation of these leases throughout the country and the significant interest in this issue by imaging centers and physicians alike, I was asked to provide an update on what has been happening in the marketplace on these types of “lease” arrangements since publication of the original story. I was also asked whether my “too good to be true” prediction still applies—see what you think after reading this update.

We suspect a nurse of improperly pocketing drugs. What's our best plan of action to: a) prove it, and b) get rid of her without putting ourselves at risk?

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?

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?

How long should we keep employee records? How long should we keep records after a resident's been discharged?

Questions and answers with John Buckley on "when he was a young lawyer."

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.

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.

There is a lot of talk about not “promising Amore than you can offer” with regard to marketing materials, or else you could be sued. I want to make my facility sound as attractive as possible and will, frankly, tout it to the best of my ability. So where could I land in trouble, and are these complaints really actionable?

Suspense is one of the best ways to get your jury involved in your case, encourage active participation, and keep the wonderful jurors alert during your trial presentation. The next time you’re in court, don’t just tell them what the evidence will show—spice it up with a little suspense.

A prominent physicians’ group, which has been referring patients to your freestanding imaging center and represents a significant portion of your revenue, approaches you and asks that you lease them your equipment and staff so it (rather than you) can bill for the scans its members order. These physicians have been talking with some of their colleagues and have learned that they can substantially increase their income if they enter into a “lease” arrangement with an imaging company. The deal they are looking for is sometimes referred to as a “per-click” or “time-share” lease. It allows the physicians to purchase scans for minimal “rental” payments, which they then mark up significantly as technical fees, bill the payers, and pocket the ancillary revenue without any capital expenditure or financial risk.

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.

and reprinted in Faultlines: Debating the Issues in American Politics (2007)

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.

“Wanna get away?” Yes, just like in the current airline commercial, the plaintiff’s presentation of a day-in-the-life video during trial is usually one of the defense lawyer’s bad days. It can make you wish you were somewhere else. Hope is not lost, however. Defense counsel can neutralize day-in-the-life videos or, at the least, minimize its impact on the jury.

After nearly 17 years as an in-house hospital lawyer, I found myself facing the prospect of entering the world of private practice – of joining a firm. Realizing that most careers take the reverse path (from law firm to in-house), and with a fair amount of trepidation, I decided to take the plunge. Looking back on this momentous decision some five years ago, I must admit that I was more than a little naïve and darn lucky.

Latex Glove Case makes National Law Journal's list of Top 2002 Defense Verdicts.

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.

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 will set forth courts’ views of whether plant shutdown benefits are retirement type subsidies, discuss the view of the IRS, look at the relevant legislative history, and then argue that Congress likely intended to protect plant shutdown benefits of the type described above.

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. 

Individuals involved in health information management should be well-informed about patient confidentiality requirements overall and should also track these areas carefully to develop and implement appropriate policies and procedures governing the release of patient information.

Roll-up transactions have become a very effective way to consolidate fragmented high-growth industries in which there are a number of small competitors and few market leaders. Roll-ups are performed for a variety of business reasons: (i) increased diversification through cross-selling of products, (ii) increased liquidity of investment as well as potential for growth on an investor's return, (iii) reduced administrative and operating costs by centralizing certain company operations that are currently duplicated, (iv) changing economic or business conditions in a certain industry, and (v) better managed entities.

Each year, thousands of Americans submit claims to their insurance companies to recover for injuries and illnesses sustained as a result of the negligence or recklessness of others.[i] Tragically, because of insurance limitations and frequently judgment-proof defendants, many of these people achieve little or no relief. Still others achieve some level of satisfaction only to watch as much of their award is consumed by the costs of protracted litigation. With this in mind, this comment addresses the validity and propriety of insurance policy provisions which subrogate[ii] an insurer to the personal injury claims of its insured.[iii]