News & Updates

NEWS & UPDATES

GREGORY E. HANSON NAMED A 2017 RISING STAR

Published: 21 April 2017

D.S. Erickson & Associates, PLLC congratulates Gregory E. Hanson who has been named a 2017 Rising Star by Super Lawyers Magazine. Every year Super Lawyers selects attorneys from throughout the United States and London from all firm sizes and over 70 practice areas. The prestigious Rising Star honor awards top attorneys who qualify for the Super Lawyer designation, but are also under the age of 40 or have been practicing law for less than 10 years. Only 2.5% of lawyers in each state are included in the Rising Star list.

Mr. Hanson's work in the firm's Creditor Rights, Workers' Compensation, and Estate Planning and Administration practice areas along with his generous pro bono service has earned him this prestigious accolade. Congratulations to Gregory E. Hanson! See Mr. Hanson's Rising Star profile here.

D.S. ERICKSON & ASSOCIATES SUCCESSFULLY REPRESENTS HOSPITAL'S INTERESTS IN BANKRUPTCY PROCEEDING

Published: 18 April 2017

Timothy Henkel successfully represented the interests of one of the firm's healthcare system clients in Federal Bankruptcy Court in the District of Arizona. In the case, a patient received substantial healthcare services, assigned his insurance benefits to the healthcare provider in exchange for those services, and then retained over $155,000.00 of insurance proceeds paid directly to him by his health insurance provider. The patient sought to discharge the entire $200,000.00 debt owed to the healthcare provider in his personal Chapter 7 bankruptcy proceedings. Timothy Henkel filed an Adversary Proceeding against the patient seeking to except from discharge the $155,000.00 portion of the debt representing the insurance proceeds assigned to the healthcare provider but retained by the patient. See the Court's opinion granting the relief requested by the healthcare provider here.

FEDERAL GOVERNMENT SEEKS TO BLOCK INSURANCE COMPANY MEGA-MERGERS

Published: 21 July 2016

The United States Justice Department has sued to block the merger of Aetna and Humana, as well as Anthem and Cigna. Read the story here.

CALIFORNIA HOSPITAL SUES UNITEDHEALTH GROUP

Published: 04 November 2015

A California hospital has sued UnitedHealth Group, Inc. and its subsidiaries, alleging that the insurer wrongfully denied claims for health care services that were covered under patients' ERISA health care plans. Read the story here.

SUPREME COURT HEARS ORAL ARGUMENTS IN STANDING CASE

Published: 04 November 2015

The United States Supreme Court heard oral arguments in a case in which once again the issue is whether a Plaintiff has standing to sue when they have suffered no "actual" harm. The case may have major implications for many federal statutes, including the FCRA and FDCPA, where congress provides for a damages provisions based solely on a violation of the statute and not on actual harm caused to an individual. Read the article here.

D.S. ERICKSON & ASSOCIATES, PLLC NOW OFFERING ADDITIONAL ESTATE PLANNING SERVICES

Published: 15 September 2014

D.S. Erickson & Associates, PLLC Attorney Gregory E. Hanson is now providing estate planning, trust and estate administration, and business succession planning services. Please contact Mr. Hanson to discuss any estate planning or estate administration needs you or a relative may have.

NOW IN TEXAS

Published: 15 September 2014

D.S. Erickson & Associates, PLLC is now licensed in Texas. Contact the firm for questions regarding business representation as well as health care receivables and insurance litigation.

NOW IN FLORIDA

Published: 20 June 2014

D.S. Erickson & Associates, PLLC is now licensed in Florida. Contact the firm for questions regarding business representation as well as health care receivables and insurance litigation.

NOW IN ARIZONA

Published: 20 June 2014

D.S. Erickson & Associates, PLLC is now licensed in Arizona. Contact the firm for questions regarding business representation as well as health care receivables and insurance litigation.

D.S. ERICKSON & ASSOCIATES NOW PROVIDING FAMILY LAW SERVICES

Published: 12 March 2013

The attorneys at D.S. Erickson & Associates, PLLC are pleased to announce that the firm is now providing family law legal services to its clients and residents of Minnesota.

Associate attorney Kellie L. Anderson, who joined the firm in November, 2012, is now representing clients in family law proceedings in the Minneapolis - St. Paul metro area and surrounding counties. Ms. Anderson has quickly gained valuable experience representing clients of all types in State District Court around Minnesota and has proven herself to be a zealous advocate on behalf of her clients. Contact Ms. Anderson today at 612-333-7600 to set up a consultation to discuss your family law legal representation needs.

TAX ON BUSINESS-TO-BUSINESS SERVICES OUT OF GOVERNOR DAYTON'S BUDGET PLAN

Published: 12 March 2013

Governor Dayton has dropped his business-to-business tax proposal, which would have included legal services, from his budget plan.

As such, Minnesota businesses will not have an additional financial obligation to address when seeking legal representation. You can find the Minnesota Lawyer Blog story here.

DHS ANNOUNCES DEFERRED ACTION ELIGIBILITY FOR CERTAIN "DREAMERS"

Published: 20 June 2012

This new policy will grant qualified immigrants relief from removal or prevent them from being placed in removal proceedings for a two-year period. The relief will also include the opportunity to apply for employment authorization. The grant of deferred action is a temporary status and will not grant permanent legal status to eligible immigrants.

To qualify for deferred action an immigrant must:

  • have arrived in the U.S. when they were under the age of sixteen;
  • have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;
  • currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
  • not have been convicted of a felony offense, a "significant misdemeanor offense," three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
  • not be over thirty years old on June 15, 2012

Immigrants who are about to be removed, in removal proceedings, or have final removal orders should apply with ICE for deferred action. Those qualified individuals who are not in removal proceedings may affirmatively apply for relief with the USCIS. USCIS will provide more information regarding the application process by mid-August 2012.

WISCONSIN FEDERAL COURT

Published: 18 June 2012

D.S. Erickson & Associates is now licensed in the Federal District Court for the Western District of Wisconsin. Contact the firm today for legal representation of yourself or your business in Wisconsin State or Federal Court.

IMMIGRATION NEWS

Published: 19 January 2012

USCIS Announces Proposed Rule Affecting Certain Waivers.

The U.S. Citizenship and Immigration Services (USCIS) announced plans to reduce wait times abroad for the certain immediate relatives of United States Citizens applying for lawful permanent residence. Immediate relatives seeking permanent residence are required to interview at a U.S. consulate abroad. Applicants who trigger a three or ten-year unlawful presence bar upon departing from the United States must also apply for a waiver of that bar. Currently, individuals can only apply for the waiver abroad, after an initial interview at the consulate establishing the unlawful presence bar. The proposed change would allow certain immediate relatives of United States Citizens to apply for the waiver of unlawful presence while in the United States. If the individual is found eligible, the USCIS would grant a provisional waiver. That individual would then depart the United States and visit a U.S. consulate abroad to apply for an immigrant visa. This process will be implemented only after the USCIS issues a final rule.

Read the USCIS' Notice of Intent here.

NOW IN WISCONSIN

Published: 19 January 2012

The law firm of D.S. Erickson & Associates, PLLC is now licensed to practice law in the State of Wisconsin. If you or your business is in need of legal representation, please contact our firm.

D.S. Erickson and Associates, PLLC offers a wide range of legal services to its clients. From business litigation dealing with account receivables issues, to breach of contract matters and employer-employee relations, our attorneys have the experience to provide your business with exemplary legal representation. The law firm of D.S. Erickson & Associates, PLLC is now licensed to practice law in the State of Wisconsin. If you or your business is in need of legal representation, please contact our firm.

HEALTHCARE LAW

Published: 28 September 2011

The United States Supreme Court will rule on the constitutionality of Obama's health care reform.

Owing to split decisions among the Federal Circuit Courts of Appeals that have considered the issue of the constitutionality of Obama's healthcare reform, the United States Supreme Court will make the final determination on whether the President and Congress overstepped their authority when passing the recent health care legislation. Read the Washington Post article here.

BUSINESS NEWS

Published: 30 August 2011

Midsize Businesses Reducing Debt

Midsize businesses are greatly reducing their delinquent debt, while small and large business' delinquent debt continues to rise.

Experian is reporting in its "Business Benchmark Report, " its quarterly analysis of business health, that midsized businesses (defined as those businesses with between 100 and 249 employees) have greatly reduced their delinquent debt over the past year. Midsize businesses have decreased their delinquent and severely delinquent debt by 7.3 and 25.8 percent respectively since this time last year. The second quarter percentages also fall along these same lines for reduction of debt.

Conversely, very small businesses (those with 1-4 employees) and very large businesses (those with over 1000 employees) have had their delinquent and severely delinquent debt levels rise significantly over the past year.

You can download the Experian report here.

Read the ACA's coverage of the news

IMMIGRATION NEWS

Published: 19 August 2011

"Low-Priority" Removal Cases to be Reviewed on a Case-by -Case Basis

In letter to Sen. Dick Durbin (IL) and other members of the Senate, Department of Homeland Security (DHS) Secretary, Janet Napolitano, announced an interagency effort to implement the use of prosecutorial discretion in removal proceedings. The renewed call for the use of prosecutorial discretion by ICE officers was announced in USCIS Director Morton's memorandum of June 17, 2011.

The interagency team will consist of DHS and Department of Justice (DOJ) officers and attorneys, including representatives from throughout DHS and from the Executive Office for Immigration Review (EOIR) and the Office of Immigration Litigation at DOJ. The purpose of the team will be to identify "low-priority" removal cases in all stages before, after and during removal proceedings.

According to Secretary Napolitano, low-priority cases are those not involving the removal of "criminal aliens, those who pose a threat to public safety and national security, repeat immigration law violators and other individuals prioritized for removal". Once identified, beneficiaries of prosecutorial discretion will receive a stay on removal proceedings and may be eligible for work authorization.

IMMIGRATION NEWS

Published: 15 August 2011

USCIS Director Morton Clarifies Use of Prosecutorial Discretion

In two memoranda issued on June 17, 2011 by USCIS Director John Morton, the use of prosecutorial discretion by ICE officers is outlined. The first memorandum clarifies the practice in general and subsequent memorandum focuses on prosecutorial discretion for witnesses of crimes, certain victims and plaintiffs.

In the memo "Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens", Director Morton gives guidance to authorized ICE personnel and clarifies the Agency's policy on the use of prosecutorial discretion. Director Morton emphasizes that ICE must prioritize its use of resources to focus on individuals with "negative factors" as opposed to individuals with positive contributions to society. Some of the negative factors include individuals who are: threats to national security, serious felons, known gang members, and egregious immigration law violators. http://www.ice.gov/doclib/secure-communities/pdf/prosecutorial-discretion-memo.pdf

Individuals who are victims or witness of crimes in the United States are specifically addressed in a second memo titled, "Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs". In this memo, Director Morton reminds ICE personnel, special agents, and attorneys of the ICE policy not to initiate removal proceedings against the victim of or witness to a crime. This policy is based on an effort to encourage victims and witnesses of crimes to cooperating with law enforcement without the fear of being detained by ICE. http://www.ice.gov/doclib/secure-communities/pdf/domestic-violence.pdf

TRAC Announces statistics on Asylum Decisions

The Transactional Records Access Clearinghouse (TRAC) released data on asylum decisions made by the nation's Immigration Judges. Immigration Judges adjudicate asylum application made by individuals placed in removal proceedings. The report tracks the asylum application denial rate of individual Immigration Judges and for each of the fifty Immigration Courts. The data represents five years of asylum decisions.

http://trac.syr.edu/whatsnew/email.110714.html

USCIS announces initiative to attract foreign investors

The USCIS is working to improve and clarify the current visa petitions process in hopes of attracting highly-skilled foreign-born entrepreneurs and investors. The goal of the initiative is to spur American job creation with the creation of new companies and investment by foreign nationals.

No new immigration options for foreign-born investors and entrepreneurs are created by the initiative. Rather, the initiative includes information on available visas, clarification of those visa-types, and efforts to improve visa processing for investors, executives, and entrepreneurs.

http://www.dhs.gov/ynews/releases/20110802-napolitano-startup-job-creation-initiatives.shtm

D.S. ERICKSON & ASSOCIATES IN NEW STATES

Published: 21 July 2011

D.S. Erickson & Associates has expanded its legal practice and is now representing clients in Minnesota, North Dakota, Florida, Arizona, and Arkansas. Please contact us to discuss legal representation in any of these jurisdictions.