The Tenth Circuit recently issued two companion decisions confirming the Occupational Safety and Health Administration’s (“OSHA”) authority to cite employers for workplace violence hazards under the General Duty Clause of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(1) (“General Duty Clause”). In both cases, the Tenth Circuit upheld OSHA’s enforcement actions and the citations issued in connection with workplace violence incidents in a psychiatric hospital.
Case Background
Both cases stem from OSHA’s investigation into a psychiatric hospital after…
Continue Reading Tenth Circuit Affirms OSHA Authority to Cite Health Care Employers for Workplace Violence Incidents Under the General Duty Clause

  • U.S. sale-leaseback volume rebounded in 2025, reaching $14.4B, fueled by a 56% surge in Q4 as corporate M&A activity regained momentum. Experts anticipate this trend will accelerate into 2026, as businesses, including health providers, use real estate monetization to unlock liquidity without the burden of traditional debt or equity dilution.
  • A Modern Healthcare survey of more than 50 law firms predicts a significant rise in health care M&A through 2026, with an uptick expected in deals involving physician practices,

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    Continue Reading Weekly Hospital Real Estate Briefing: Sale-Leaseback Volume Rebounds | CON Updates in MS and TN | Hall Render Hosting ASC Webinar

    With experience comes lessons. Some of those lessons are learned because of stunning success, and others through epic failures. This list represents takeaways to date in navigating a career in commercial law, both in private practice and in-house. They are offered in a spirit of hope that they contribute to stunning success stories and avoidance of epic failures. James Wawrzyn, Marquette 2006, is a senior corporate attorney with Forest County Potawatomi, Milwaukee. Be curious and keep learning. In…
    Continue Reading 8 Tips to Excel in Commercial Law Practice

    Across the country, lawmakers are increasingly scrutinizing a health insurance practice that frustrates patients and doctors alike: prior authorization. A recent report by NPR highlights how states are stepping in with new laws designed to curb delays, reduce denials, and hold insurers accountable. For patients, this shift could be the difference between getting timely care and facing dangerous delays. But even with these reforms, wrongful denials still happen—especially as insurers increasingly rely on automated systems and artificial intelligence.

    This…
    Continue Reading What to Do When Your Prior Authorization Is Denied—And When to Call a Lawyer

    For many high-net-worth families and business owners, the shift happens gradually.
    Your parents—who once handled everything—begin to need help. Maybe it starts with small things, like managing bills or attending doctor’s appointments. But over time, those responsibilities grow.
    This is where estate planning for aging parents becomes critical.
    Without proper planning, families often find themselves navigating court processes, probate delays, and unnecessary financial exposure—all during an already emotional time. The reality is, estate planning for aging parents is not …
    Continue Reading Estate Planning for Aging Parents: Avoid Probate Nightmares

    Among a company’s most valuable assets is its intellectual property (IP). Though often intangible, IP—innovations, concepts, designs, processes, and more—offers companies a competitive edge in the marketplace. Protecting these assets is essential for safeguarding revenue, accelerating growth, and preventing competitors from gaining an unfair advantage—and your employees can be an inside threat.
    Continue Reading Managing IP Risks Through the Employment Lifecycle

    Emily Kelchen took a moment to ponder the long-term impact of her own legal work during the 100th anniversary of the Scopes “Monkey” Trial in Dayton, Tennessee.
    Photos: Emily Kelchen. I’m a sucker for historic courthouses. So, when I realized I lived within easy driving distance of Dayton, Tennessee, ​
    ​location of the Scopes “Monkey” Trial – and that 2025 was the 100th anniversary of the trial – I couldn’t wait to plan a visit. The local community had…
    Continue Reading Not Monkey Business: The Scopes Trial Still Has Lessons to Teach

    Once again, 2025 was a busy year for health care data privacy. Ensuring up-to-date and compliant data privacy and security programs and being able to assess, understand and adapt to the risk of evolving technologies will remain critically important in 2026. We continue to await updated regulations under both the Health Insurance Portability and Accountability Act (“HIPAA”) of 1996 and the Information Blocking Rule, both of which are subject to proposed rules likely to be finalized this year, which…
    Continue Reading Health Care Privacy Law Takeaways for a Compliant 2026: Pay Attention to Patient Concerns

    A significant development to Wisconsin’s economic and cultural policy is now underway, as Governor Tony Evers announced on February 17, 2026, the launch of the state’s new film production tax credit program and the establishment of a dedicated state film office. As part of the 2025-27 biennial budget, the state authorized up to $5 million in annual tax credits designed to incentivize film, television, documentary, and related production activity within Wisconsin. The program, administered by Film Wisconsin under the…
    Continue Reading Wisconsin Incentivizes “Closing Credits” by Opening New Tax Credits for Filmmakers

    Aside from initial treatment, does workers’ compensation cover nonexempt employees’ time off to attend follow-up appointments related to their injury?
    Short answer: missed work time may qualify for temporary disability or partial wage‑replacement benefits when the appointment is injury‑related and cannot reasonably be scheduled outside working hours.         
    By way of brief background, workers’ compensation is a no-fault insurance benefit that provides two core benefits for employees injured on the job: (1) medical care reasonably necessary to treat the…
    Continue Reading Workers’ Comp Pay for Follow Up Appointments: Employer Guide

    ArticleA major shift in federal tax law now allows innovative businesses to deduct many domestic research and experimental costs immediately. The One Big Beautiful Bill Act of 2025 created new Internal Revenue Code (“IRC”) §174A, permitting full first‑year expensing of domestic “research and experimental” costs for tax years beginning after Dec. 31, 2024. 
    Continue Reading New Federal Research Tax Credit Rules: How Increasing Research Activity Can
    Benefit Innovators From the One Big Beautiful Bill Act

    Many employers hesitate to discipline or terminate for misconduct if the employee has recently engaged in protected activity, such as requesting FMLA, seeking an accommodation, or filing a complaint. Suspicious timing can easily lead to a retaliation claim, so the concern is understandable. But hesitation has costs too for an organization—no accountability for the misconduct, past practice is now undermined, and the employee is emboldened to commit more policy violations.
    Continue Reading Seventh Circuit: Termination Following Same-Day FMLA Request Was Not
    Retaliation

    On March 12, we hosted a webinar titled Hospital Campus Development: Current Deals, Trends and Insights Learned Along the Way. To watch a video replay of the webinar and to get copies of our slides, click here.
    Here are our top five takeaways from the webinar:

  • Paging Dr. Strategy: Your Real Estate Is Calling – Hospital executives have made real estate strategy a priority over the past twelve months. We’ve seen an uptick in hospitals taking down

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    Continue Reading Weekly Hospital Real Estate Briefing: Five Takeaways from Our Hospital Campus Development Trends Webinar

    On March 11, 2026, the Centers for Medicare & Medicaid Services (“CMS”) issued a Quality, Safety & Oversight (“QSO”) memorandum and related updates to the State Operations Manual (“SOM”) interpretive guidance clarifying and reinforcing existing responsibilities of organ procurement organizations (“OPOs”) and donor hospitals throughout the organ donation process. While the memorandum largely reiterates existing regulatory requirements, CMS also clarifies expectations regarding regulatory compliance, oversight of OPO activities and appropriate collaboration among OPOs and donor hospitals. OPOs and donor…
    Continue Reading CMS Issues Guidance Clarifying OPO and Donor Hospital Responsibilities During the Organ Donation Process

    A federal appeals court has invalidated a National Labor Relations Board (NLRB) standard that eased a union’s path to recognition. On March 6, 2026, the Sixth Circuit U.S. Court of Appeals ruled that the NLRB overstepped its authority when it created a new framework for issuing bargaining orders in Cemex Construction Materials Pacific, LLC. For employers in the Sixth Circuit (Ohio, Michigan, Kentucky, and Tennessee), this ruling limits the NLRB’s ability to impose bargaining orders under the Cemex
    Continue Reading Federal Court Blocks NLRB Rule That Made Union Recognition Easier