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Health care compliance programs must be dynamic in order to enhance the effectiveness of the program. Being dynamic requires the compliance professional to be on top of recent government pronouncements and enforcement trends so that they can adjust and fine-tune their programs to incorporate and address developments and trends that impact their organization. This update focuses on key guidance from 2023 from the Department of Health and Human Services (“HHS”), HHS’s Office of the Inspector General (“OIG”), as well
Continue Reading What Compliance Officers Need to Know From 2023’s Compliance Trends

von Briesen & Roper, s.c. is proud to announce its 120th anniversary in 2024. Founded by Ernst von Briesen, a 1903 graduate of Harvard Law School, the law firm opened its doors in Milwaukee in January 1904, displaying a sign that read “Advocate”. Today, von Briesen & Roper has over 180 professionals serving clients in seven offices throughout Wisconsin and in Chicago. While the firm’s formative years focused on wills, probate, banking and finance, von Briesen continually has evolved
Continue Reading von Briesen Celebrates 120th Anniversary

The Corporate Transparency Act (the “CTA”) is a federal law with a filing requirement for almost every corporation, limited liability company, and limited partnership. The CTA requires that a Beneficial Ownership Information Report (the “Initial Report”) be filed by the Reporting Company with FinCEN, the Financial Crimes Enforcement Network, a bureau of the U.S. Treasury. Failure to comply with the CTA’s reporting requirements can result in significant civil and criminal penalties.

The due date for the Initial Report for
Continue Reading What You Need To Know About The Corporate Transparency Act

On December 19, 2023, the Appellate Court of Illinois, First District, held that the “violation-of-law” exclusion1 found in a general liability policy precluded insurance coverage for a BIPA action brought against an insured. See National Fire Insurance Company of Hartford v. Visual Pak Company, Inc., 2023 IL App (1st) 221160 (Ill. App. Ct. 2023). The Illinois court’s decision squarely conflicts with Citizens Insurance Company of America v. Wynndalco Enterprises, LLC, 70 F.4th 987 (7th Cir. 2023), a Seventh Circuit
Continue Reading Appellate Court of Illinois and Seventh Circuit Issue Conflicting Decisions Regarding Applicability of ‘Violation-of-Law Exclusion’ in BIPA Actions

von Briesen & Roper, s.c. announces the opening of its new and larger Chicago office located at 320 S. Canal Street on the 30th floor of the BMO Tower in the West Loop. The firm entered the Chicago market in 2020 and is expanding the firm’s presence with strategic growth in the local market. Susan Lovern, President and CEO of von Briesen, said, “We are excited to mark this new office as a commitment to our clients, our lawyers
Continue Reading von Briesen Opens New and Larger Chicago Office

von Briesen & Roper, s.c., today announced that attorney, Jamie B. Barwin, joined the Milwaukee office as a Shareholder in the Trusts and Estates Section. Barwin has more than 15 years of legal and accounting experience and is also a licensed CPA in Wisconsin and Michigan. She focuses her practice on estate planning, probate and estate administration, business and corporate planning, special needs planning and tax. Barwin is recognized by The Best Lawyers in America® in Corporate Law
Continue Reading von Briesen Welcomes Jamie B. Barwin

According to Dictionary.com and anyone who has seen a Star Trek episode, a Red Alert is the most urgent form of alert, warning that danger is imminent. The Corporate Transparency Act (the “CTA”) is a federal law with a filing requirement for almost every corporation, limited liability company, and limited partnership. The CTA requires that a Beneficial Ownership Information Report (the “Initial Report”) be filed by the Reporting Company with FinCEN, the Financial Crimes Enforcement Network, a bureau of
Continue Reading Your Company’s Beneficial Ownership Information Report Required by the Corporate Transparency Act Is Due Soon

von Briesen & Roper, s.c. is proud to have several attorneys named to the “Top Wisconsin”, “Top Women”, “Top Madison” and “Top Milwaukee” lists. In addition, we have 23 attorneys listed as 2023 Wisconsin Super Lawyers® and Wisconsin Rising Stars.  
Top 10: Wisconsin Super Lawyers:

Top 50: Wisconsin Super Lawyers:  

Top 25: Madison Super Lawyers:

Top 25: Milwaukee Super Lawyers:

Top 25: Women Wisconsin Super Lawyers:

Wisconsin Super Lawyers:

Wisconsin Rising Stars:

(* indicates lawyers listed for the
Continue Reading von Briesen & Roper, s.c. Attorneys Listed in 2023 Wisconsin Top Lists, Super Lawyers and Rising Stars

von Briesen & Roper, s.c., today announced that Erin N. Novak, Erica A. Storm and Michael J. Wirth have joined the firm.
Erin N. Novak is an Associate in the Litigation & Risk Management Practice Group. Novak focuses her practice on litigation and toxic tort issues. She is a member of the State Bar of Wisconsin, the Milwaukee Bar Association, National Association of Women Lawyers (NAWL) and the Association for Women Lawyers (AWL). Novak received a J.D. from Marquette
Continue Reading Three Attorneys Join von Briesen

On October 25, 2023, 2023 Act 34 became effective. Act 34 amends the statutory prohibition to negotiating health care plan design and selection between public sector employers and labor representatives of police, fire, and EMS unions. Specifically, the law amends Wisconsin Statute §111.70(4)(mc)6 in the following manner:

SECTION 1. 111.70 (4) (mc) 6. of the statutes is amended to read: 111.70 (4) (mc) 6. Except for whether or not to provide health care coverage and the employee premium contribution,
Continue Reading Legislature Amends Law Permitting Collective Bargaining Negotiations on Health Care

This year has seen a substantial increase in the number of class action lawsuits filed against employers under the Illinois Genetic Information Privacy Act (GIPA). More than 20 suits have been filed this year, a stark contrast to zero filed in 2022 and only two in 2021.

Like its federal counterpart the Genetic Information Nondiscrimination Act (GINA), GIPA prohibits employers, and agents acting on their behalf, from “directly or indirectly” soliciting, requesting, requiring or purchasing genetic information from a
Continue Reading Surge in Class Actions Under the Illinois Genetic Information Privacy Act

von Briesen & Roper, s.c., today announced that five attorneys and a non-attorney professional focused on land use and development recently joined the firm.
Kevin J. Clark joined the Waukesha office as a Shareholder in the Litigation and Risk Management Practice Group. Clark focuses his practice on civil litigation in construction, real estate, land use and development matters representing developers, construction companies, commercial real estate brokerages, and municipalities. He also has significant experience in fiduciary litigation, estate litigation and
Continue Reading Six New Faces Join von Briesen

The National Labor Relations Board (NRLB) has changed the dynamic in union organizing efforts by shifting responsibility to the employer to seek a representation election if the Union provides the employer with representation cards from a majority of the employees. In a recent decision, the Board created a new dynamic for organizing. Rather than requiring the Union to file for an election if the employer doubts the majority of the employees desire a union, now it is the responsibility
Continue Reading NLRB Adopts New Framework for Union Representation Proceedings

von Briesen & Roper, s.c. is proud to announce that 82 of its attorneys were included in the 30th Edition of The Best Lawyers in America®. Among the accolades von Briesen received are two attorneys designated as “Lawyer of the Year”; 20 lawyers listed for the first time and 12 attorneys listed as Best Lawyers: Ones to Watch®.
“Lawyer of the Year” Awards:
Madison, WIMichael P. Crooks – Medical Malpractice Law – Defendants; PI Litigation – Defendants
Milwaukee, WI
Continue Reading 82 von Briesen Attorneys Named to The Best Lawyers in America® 2024

von Briesen & Roper, s.c., today announced the promotion of Christopher E. Avallone to Shareholder.
Christopher E. Avallone is co-chair of the Appellate Section and a member of the Commercial and Business Litigation Section. Avallone focuses his practice on representing clients in complex civil litigation, with an emphasis on disputes between shareholders or members of privately-held companies, breach of contract actions, and class action defense. He is recognized as a Best Lawyers: Ones to Watch (2023) for Commercial Litigation
Continue Reading von Briesen Announces Shareholder Promotion

Pierce v. Banks et al., No. A23A0394, 2023 WL 4227923 (Ga. Ct. App. June 28, 2023)

In Pierce, the Georgia Court of Appeals issued a decision regarding the enforceability of settlement agreements where strict “mirror-image” acceptance is not achieved. Appellant Aaron Pierce was involved in a motor-vehicle accident with Appellees Kyndyl Banks and Octavius Avery Smith. Following the accident, counsel for Pierce made a written pre-suit offer to Appellees’ insurer, Trexis One Insurance Corporation. The offer letter provided that
Continue Reading Georgia Court of Appeals Decision on ‘Mirror-Image’