The WiLaw Connection: Quarterly Publication–January 2022 |
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Determining the Citizenship of Businesses |
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People forming a new business and selecting between the different entity types may be unaware of the impact the formation choice can have on future lawsuits. In particular, the citizenship of the business can be critical to determining whether a case belongs in state court or federal court when a dispute involves over $75,000. With the many considerations business owners have to weigh when forming a new entity, the effect on hypothetical litigation is unlikely to be of primary importance, but it is useful to keep in mind.
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Why Buy-Sell Agreements Are Necessary Even If You Don’t Plan to Sell Your Company Soon |
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Long before a closely-held business is readied for sale, it should be protected by the owners creating a buy-sell agreement. In short, every co-owned business needs a buy-sell, or buy-out agreement the moment the business is formed or as soon after that as possible. A buy-sell, sometimes called a buy-out agreement, protects business owners when a co-owner wants to leave the company (and protects the owner who is leaving). It also contemplates dealing with unforeseeable catastrophic events, such as owner death or disability.
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U.S. Supreme Court Issues Stay of OSHA’s Vaccination-or-Test Rule |
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On January 13, 2022, the Supreme Court of the United States issued a split decision staying the Occupational Safety and Health Administration’s (OSHA) Vaccination-or-Test Emergency Temporary Standard (ETS) that would require employers with 100 or more employees to either impose a mandatory vaccination policy or, alternatively, mandate that unvaccinated workers wear a face covering while at work and be subject to a COVID-19 test every seven days.
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New Federal Regulations Take Aim at Health Care Provider Billing |
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Health care providers should be aware of new regulations the U.S. Department of Health and Human Services (HHS) and other agencies issued that relate to medical billing practices. The new regulations mirror the statutory provisions and provide guidance on interpreting and applying the No Surprises Act. In particular, the new regulations clarify the methodology for calculating the qualifying payment amount (QPA)—a calculation that will often be used to evaluate the amount health plans pay providers for treatment that falls under the No Surprises Act, including out-of-network emergency care.
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The Firm Welcomes Attorney Patrick Bomhack |
Attorney Patrick D. Bomhack, a graduate of the University of Wisconsin Law School, has joined the Business Law Practice Group of O’Neil, Cannon, Hollman, DeJong & Laing S.C. Patrick has significant experience working in Wisconsin government and politics. While in law school, Patrick was a Judicial Intern for the Honorable William D. Dyke of Iowa County Circuit Court in Dodgeville, Wisconsin. He was also a Law Intern for Legal Action of Wisconsin in Madison, Wisconsin. This broad experience makes Patrick a valuable resource to the firm, as he is able to contribute across practice groups to help solve a wide-range of legal issues. We are very pleased to have Patrick join OCHDL. |
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Firm Elects Britany Morrison & Nicholas Chmurski as Shareholders |
Britany has been with the firm since 2019. She focuses on helping clients effectively manage one of their most significant costs—taxes—by advising clients on a variety of federal, state and local, private wealth, employee benefit, real estate, tax-exempt and controversy tax matters. Britany has recently been selected for inclusion on the 2021 Wisconsin Super Lawyers Rising Stars List.
Nick has been with the firm since 2017 and is a member of the firm’s Business Law and Real Estate & Construction Groups. He focuses his time helping businesses and developers acquire, sell, and lease real estate, and also works closely with issues related to creditors’ rights, including business receiverships and bankruptcies. Nick has also recently been selected for inclusion on the 2021 Wisconsin Super Lawyers Rising Stars List.
Both Britany and Nick are tremendous additions to our shareholder group, and we are proud to have them on our team.
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Firms included in the 2022 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.
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Proud to be a Member of Meritas
Our firm is a proud member of Meritas, a global alliance of 7,920 experienced lawyers in 184 full-service law firms serving 248 markets. Through Meritas, clients seeking legal services can easily
connect with pre-qualified legal expertise worldwide.
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