Jennifer Colagiovanni and Amy Fehn of Wachler & Associates PC educated an audience of physical therapists on emerging issues in Medicare and Medicaid audits of physical therapy practices on June 7 at the American Physical Therapy Association’s PT 2012 conference in Tampa.
Cologiavanni and Fehn used real-world scenarios to discuss successful appeal strategies and audit defenses suitable for integration into appeals. Attendees learned key considerations for each level of the appeals process, the integration of experts into the appeal strategy, and important legal defenses to raise on appeal. Drawing on vulnerabilities identified in physical therapy audits, the session examined key risk areas for physical therapy practices and addressed proactive compliance measures to minimize these risks.
Colagiovanni’s practice is focused on representing physicians and other health care providers and suppliers in the defense of RAC, Medicare, Medicaid and third party payor audits. Colagiovanni has experience defending audits involving complex medical necessity denials as well as statistical sampling and extrapolation.
Fehn has represented physicians and health care organizations in health care regulatory and corporate matters as well as the defense of Medicare Audits and other third-party audits for the past 14 years. Prior to graduating from law school, she served as a registered nurse in the coronary care unit, and later worked as a clinical systems analyst for the hospital’s information systems.
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Patrick C. Lannen, an attorney with Plunkett Cooney recently graduated from the Leadership Oakland 2011-2012 Cornerstone Program.
“It was an incredible experience to be a part of a group of dynamic businesspeople,” said Lannen, a member of Plunkett Cooney’s Commercial Litigation Practice Group. “It provided me with the tools to become a more effective leader and to make a difference in my career and my community.”
Over the past year, Lannen and 48 other participants of the Cornerstone Program gained leadership insight personally, professionally and through public awareness and service. Their participation links them to one of the most powerful business networks in Michigan.
Leadership Association, provides a nine-month community leadership Cornerstone Program to participants from businesses, organizations and governmental agencies that are selected based on an application process. Leadership Oakland graduates are key business and community leaders serving as catalysts on boards of various organizations throughout the region. For information about Leadership Oakland, visit www.leadershipoakland.com.
Lannen, a member of the firm’s Bloomfield Hills office, focuses his practice in the areas of commercial litigation, financial services liability, and banking and creditors’ rights. He represents financial institutions and commercial lenders in the areas of collections and real estate disputes, including loan workouts, foreclosures, real estate actions and related commercial contract actions.
Lannen also represents businesses in various contract based commercial disputes. In addition, he also handles litigation involving alleged violations of state and federal consumer lending statutes.
Licensed to practice in state and federal courts in Michigan, Lannen is a member of the Oakland County Bar Association, State Bar of Michigan and the DRI – The Voice of the Defense Bar.
Lannen graduated in 2009 from University of Detroit Mercy School of Law. While in law school, he clerked for former Michigan Supreme Court Justice and Plunkett Cooney alumni, Maura D. Corrigan. Lannen received his undergraduate degree from Kalamazoo College in 2006.
Additionally, Plunkett Cooneywas recently listed among the largest law firms in the United States by the National Law Journal’s (NLJ). This is the second consecutive year the firm has made the list.
“It is quite an accomplishment for Plunkett Cooney to be among the country’s top 250 largest law firms,” said Plunkett Cooney President and CEO, Henry B. Cooney. “The firm’s management has implemented programs that attract and retain talented personnel, which has stimulated the continued growth and success of our firm.”
In determining its list of the top law firms, The NLJ sent surveys to hundreds of firms to identify the 250 largest. The lawyer totals were based on the average number of full-time equivalent attorneys for the period Jan. 1 to Dec. 31, 2011. Lawyer counts did not include contract or temporary attorneys.
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Gov. Rick Snyder has reappointed Eric Pelton to the State Board of Law Examiners.
The five-member board investigates and examines all persons who initially apply for admission to the State Bar of Michigan. Board members are nominated by the Supreme Court and appointed by the governor.
Pelton is a founding principal and managing member of Kienbaum, Opperwall, Hardy, & Pelton PLC, a law firm with offices in Birmingham and Detroit. Previously, he worked as an associate and partner for Dickinson, Wright, Moon, Van Dusen, & Freeman.
Pelton served on the Michigan Board of State Canvassers from 2002-2005 and currently serves as a member of the labor law section of the State Bar of Michigan, a fellow for the Michigan State Bar Foundation, an executive committee member for the Federalist Society, and as a member of the Oakland County Bar Foundation board of trustees.
He earned a bachelor’s degree from Michigan State University, a master’s degree in public administration from the Maxwell School at Syracuse University and a law degree from Syracuse University.
Pelton will serve a five-year term that expires June 30, 2017, and his appointment is not subject to the advice and consent of the Senate.
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Area attorneys David Nykanen and Michael Dorfman announce the formation of Nykanen Dorfman PLLC, a full-service law firm prepared to guide clients through all aspects of real estate, litigation, property tax, and business issues. The firm’s partners bring in more than 30 years of experience in providing guidance to small business owners and professionals, including contract reviews, transaction negotiation, litigation, and guiding businesses through the day-to- day issues that arise in today’s complex legal environment.
The firm’s partners also represent property owners, developers, landlords and tenants for a variety of real estate legal needs. Because of the downturn in Michigan’s economy, property owners often find themselves protecting their hard-earned assets from attacks by creditors, and others. The partners at Nykanen Dorfman have vast experience in negotiating with those creditors to protect the firm’s clients.
In addition, property owners are now laser-focused on managing costs. As a result, property tax appeals are being filed in record numbers in Michigan and throughout the U.S., both by high-end residential owners and industrial/commercial owners. Nykanen has experience in the property tax field, and is a frequently cited media source for his expertise in tax appeals.
Dorfman also has a unique focus that has a personal connection for him – special education law. As an advocate for families struggling with the legal nuances of equality in education for children with special needs, Dorfman hopes his special education law practice will help these families to secure the services they need and deserve to thrive educationally.
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The Appellate Defender Commission (ADC) has selected Valerie R. Newman, assistant defender at the State Appellate Defender Office (SADO), for the first “Thomas Award for Excellence in Appellate Advocacy.” Named for SADO’s long-serving and much-respected Norris J. Thomas Jr., the award will be given annually to a SADO attorney whose appellate advocacy achieves outstanding results for clients or the criminal justice system. Norris J. Thomas Jr., served as SADO’s deputy director more than two decades, before his untimely passing in 2007. His dedication to clients, and craft in achieving excellent outcomes, were legendary.
The choice of Newman was both unanimous and enthusiastic, as the ADC noted her excellent advocacy in Lafler v Cooper. Responding to a grant of certiorari to the prosecution, Newman briefed and argued the case in the United States Supreme Court. On March 21, 2012, the court ruled in her client’s favor, in a 5-4 decision. Lafler has been recognized as a watershed opinion, clarifying that the constitutional right to effective assistance of counsel includes guilty plea negotiations.
The Lafler ruling, with that of a companion case, will have a “huge, immediate impact” on guilty plea cases according to CNN. Newman has represented hundreds of clients on appeal since her hiring as a SADO assistant defender more than fifteen years ago, achieving excellent results for many.
Newman also is active in service to the profession, serving as co-chair of the State Bar of Michigan’s Criminal Issues Initiative and co-chair of task forces on recording of custodial interrogations and eyewitness identification issues. Her community service activities include the Culinary Challenge, an event that raises funds for several nonprofits serving girls, and the Ronald McDonald House of Detroit.
She received the “2010 Community Role Model Award” from Alternatives for Girls, and the 2009 “Volunteer of the Year Award” from the Women Lawyers Association of Michigan Foundation.
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Melanie T. Frazier, an attorney with Howard & Howard Attorneys PLLC, was recently appointed to the Academic Committee for the International Trademark Association (INTA). She will be working with the professors subcommittee as a trademark practitioner to assist in the development of trademark education programs.
Frazier’s practice is focused on trademark and copyright rights and IP enforcement. She has experience managing a number of international trademark portfolios and excels in trademark management, protection and prosecution strategies. Frazier has a strong background in litigation involving trademark, trade secret, copyright and patent enforcement and has been extensively involved in all phases of litigation including investigation, pre-litigation enforcement, administrative proceedings, arbitrations and appeals. She has been the sole or lead attorney for more than 100 trials.
Frazier has experience in preparing U.S. trademark opinions and prosecuting U.S. applications. She advises clients on strategies for selecting strong marks that are immediately protectable and registerable. Once the client selects the mark, availability searches are performed and clear, practical opinions are rendered. U.S. registration applications are completed so that all possible disputes can be avoided.
Frazier counsels clients in brand management and development of a cost-effective trademark portfolio. She enforces a client’s brand image and goodwill by addressing matters of false or deceptive advertising and provides immediate relief where necessary. She drafts and negotiates licensing agreements on behalf of her clients to provide effective brand strategy and protection.
Frazier also counsels clients on their own advertising campaigns to help avoid any potential disputes. She often conducts seminars to assist brand owners/clients with all trademark issues including advertising, protection and licensing.
Frazier has international trademark experience and counsels clients on the advantages and disadvantages of foreign registration and on the selection of foreign counsel. She works with foreign counsel regarding search results, potential disputes and all registration matters ensuring the enforcement of trademark rights after registration.
Frazier prosecutes trade dress applications before the USPTO including product packaging and product configurations. She is also involved in the enforcement of trade dress rights. Frazier is involved in all methods of trademark enforcement. She is responsible for opposing competitors’ marks before the TTAB. She polices her client’s marks to avoid any likelihood of confusion or dilution. Frazier provides investigations and cease-and-desist letters with appropriate follow-up actions. She monitors dilution situations, cyber-squatting, counterfeiting, unfair competition and false advertising situations. Frazier is strongly involved in litigation and can enforce trademark rights through the state and federal court system to obtain prompt relief through preliminary injunctions or seizure orders. She also works with U.S. Customs to stop the importation of infringing goods at the U.S. border.
Frazier is involved in challenging infringing domain names through UDRP. She litigates cyber-squatting actions, negotiates domain name transfer agreements, and represents clients on numerous Internet issues.
Frazier represents a large cross-section of clients including retailers, sports teams, entertainers, manufacturers, automotive suppliers, restaurants and banks. She also counsels and represents businesses, artists, authors and photographers in copyright and other Internet matters.
Frazier earned her law degrees from Michigan State University College of Law in 1986 and Thomas M. Cooley Law School in 2008 and her B.S from Davenport University f/k/a Detroit College of Business in 1982.
Frazier is admitted to the State Bar of Michigan, the U.S. District Court for the Eastern and Western Districts of Michigan, the U.S. Court of Appeals for the 6th and Federal Circuits as well as for the Michigan Supreme Court. She is a member of the Federal Bar Association for the Eastern District of Michigan, Michigan Defense Trial Counsel, Michigan Intellectual Property Law Association, International Trademark Association, and Inforum. Frazier frequently serves as a case evaluator for the Wayne County Circuit Court.
