BW INSIGHTS

Safeguarding the Privacy and Security of Health Information

By BrownWinick | 10.12.2018

Emerging and constantly evolving threats to the data of health care providers, health plans, and business associates give rise to frequently re-visiting an organization’s policies, procedures, education, and employee training that address compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Threats may include... Read More

DOL Releases Updated FMLA Forms

By BrownWinick | 09.19.2018

Last week, the Wage and Hour Division of the United States Department of Labor finally released its updated Family and Medical Leave Act forms. However, I use the term "updated" here loosely, as there were no meaningful changes to the substance of these forms. Nevertheless, if you use the DOL's model forms (which we typically encourage employers... Read More

How to Raise Money for Your Business - Part 2: Micro-Loans

By BrownWinick | 09.19.2018

Getting a business started is like approaching a massive steel wheel. There are no axels, no motors, just you, an idea and the wheel. The wheel is stationary. Like Atlas, you shoulder the wheel and start to press with all your strength. The wheel budges a little. The more effort you put in, the more the wheel moves. The goal is to have the wheel... Read More

How to Raise Money for Your Business - Part 1: Grants & Programs

By BrownWinick | 08.20.2018

Quick’s Design & Construction is what I called my failed business. My 20-year-old self started a construction business with the goal of paying my rent while completing my engineering degree. I was young and energetic with 6 years of industry experience. What could go wrong? Three years later I was selling my tools, trailer, and other acquired... Read More

Protect Your Brand Like Ivanka Trump

By BrownWinick | 06.08.2018

Ivana “Ivanka” Trump is not only an American businesswoman. She also holds the titles of fashion designer, author, and reality television personality. And, based on recent activity at the trademark office, Ms. Trump is both smart and savvy when it comes to protecting her brand and actively registering trademarks. In fact, Ms. Trump has recently... Read More

Epic Systems v. Lewis: Arbitration Agreements and Employers' New, Protective Shield from Employee Lawsuits

By BrownWinick | 06.05.2018

Introduction A recent 5-4 Supreme Court decision marks a major victory for employers interested in a new tool for their arsenal to protect their businesses from potential class action litigation. The Ruling The case, Epic Systems Corp. v. Lewis, largely pitted the Federal Arbitration Act (“FAA”) against the National Labor Relations Act (“NLRA”).... Read More

Amazon Brand Registry Program

By BrownWinick | 05.30.2018

If you sell on Amazon or want to sell on Amazon, you should take advantage of Amazon’s revised Brand Registry program. The Brand Registry program is a powerful tool to keep others from listing items on Amazon using your brand. The Amazon Brand Registry program is currently free for all Amazon sellers and provides another mechanism for protecting... Read More

Immigration and Customs Enforcement (ICE) is Cracking Down on Employers: Expect I-9 Audits This Summer and Beyond

By BrownWinick | 05.24.2018

I-9 audits are on the rise. U.S. Immigration and Customs Enforcement (ICE) – the agency charged with enforcing U.S. Immigration laws - reports that between October 1, 2017 and May 4, 2018, the agency initiated approximately 2,282 employer audits (an average of about 321 audits per month). Contrast that with the prior fiscal year figures (1,360... Read More

Go Ahead and Challenge That Patent....Anyone!

By BrownWinick | 05.03.2018

Post grant proceedings survive the gavel of the Supreme Court. On April 24, 2018, the Supreme Court issued two decisions upholding the validity of post grant proceedings (“PGPs”). A PGP is a trial proceeding conducted at the Patent Trial and Appeal Board (“PTAB”) to review the patentability of one or more claims in a patent. PGPs allow a third... Read More

Governor Signed SF2334 Into Law

By BrownWinick | 04.12.2018

On April 2, 2018, the Governor signed SF2334 into law. SF2334 requires Iowa certificate of need approval prior to the conversion of a long-term acute care hospital, rehabilitation hospital, or psychiatric hospital, to a general hospital or another type of specialty hospital. Read More