The Department of Health and Human Services Office of Inspector General (“OIG”) recently issued a favorable opinion, AO 26-16, regarding a federally qualified health center’s (“FQHC’s”) provision of produce boxes and vouchers to patients diagnosed with certain health conditions (the “Arrangement”). Although the Arrangement would generate prohibited remuneration under the Beneficiary Inducements Civil Monetary Penalty Law (“CMP”) and the federal Anti-Kickback Statute (“AKS”) if the requisite intent were present, the OIG concluded that it would not impose administrative sanctions
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Bottles Up (Revisited)
As promised in an earlier blog post about Bulleit, bottle shapes, and blurring (“dilution” was the word I mostly used last time, but I was really eager for that alliteration), I am back with an updated blog post.
As a recap to the earlier post, the case involves Diageo, the company that owns Bulleit Frontier Whiskey, and W.J. Deutsch & Sons, the owner of the Redemption Whiskey brand. Diageo claimed that Deutsch’s bottle shape was similar enough to
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When Could a Bar or Restaurant Lose its Liquor License?
Owners of bars or restaurants in Milwaukee and other nearby cities in Wisconsin must follow various regulations, including specific laws related to selling and serving alcohol. The Wisconsin Department of Safety and Professional Services (DSPS) oversees the issuance and regulation of liquor licenses. Losing a liquor license can be devastating for any establishment, and it is crucial to understand the potential reasons for disciplinary action. An attorney with experience in business and restaurant licensing can help defend against the
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When It’s Time to Pay the Piper: Music Licenses and Copyright Infringement
Many bar and restaurant owners are aware of the need to enter into licensing agreements for the music they play over the speakers in their establishments. But with shrinking profit margins due in part to rising food and labor costs, music licenses often get put on the back burner, which could create problems down the road. If an establishment inadvertently lets a license lapse, the establishment could end up facing a lawsuit—the last thing any bar or restaurant owner
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New Food Delivery Service Regulation on the Horizon?
Last year, we wrote about a bi-partisan group of state senators and members of the state assembly introducing legislation to regulate third-party food delivery services in Wisconsin. Although that legislation stalled, an expanded group of state legislators has re-introduced a similar bill with some slight modifications.
The 2023 proposed legislation seeks to create three requirements for third-party food delivery services:
First, third-party food delivery services must provide a “publicly accessible process” for restaurants to remove themselves from being listed
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Recent Robinson-Patman Act Cases Demonstrate Size Doesn’t Always Matter
When you hear about the Robinson-Patman Act, you may remember it as a law that protects smaller product re-sellers (“mom and pop” stores, local dealers, etc.) by preventing product suppliers from giving better prices to larger re-sellers just because of their size. You would be correct, but two recent cases serve as important reminders that the Robinson-Patman Act applies to more than just prices. The cases—Dahl Automotive Onalaska Inc. v. Ford Motor Co., 20-cv-932-jdp, 2022 WL 602904 (W.D. Wis.
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The Treasury Department’s Competition Report: What Wisconsin Wholesalers Need to Know
Last summer, President Joe Biden issued Executive Order 14036 targeting “any unlawful trade practices in the beer, wine, and spirits markets, such as certain exclusionary, discriminatory, or anticompetitive distribution practices,” as well as “patterns of consolidation in production, distribution, or retail beer, wine, and spirits market.” The Executive Order required that the United States Department of Treasury submit a report assessing competitive conditions in the beer, wine, and spirits industry.
Last month, the Treasury Department published its Competition in
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