AREAS WE SERVE

 

Dykema’s DSO group offers a multi-disciplinary team that provides top-tier counsel, with demonstrated accomplishments and proven experience covering the entirety of the unique business and legal needs of Dental Service Organizations. Our practitioners—whose areas of experience include Litigation to Real Estate, Tax, Brand Protection, Corporate Finance, Mergers & Acquisitions, Employment Law, Health Care, Government Investigations, and Corporate Compliance—provide, both individually and collectively, top-tier legal representation and “go-to” strategic counsel.

Strategic Planning and DSO Transactions
Eric White, Dykema DSO AttorneyEric White

Eric is a member of Dykema’s Corporate Finance Practice Group and Dental Service Organizations Group. He is experienced in DSO transactions and assists private equity groups, lenders and other investors in buying and selling DSOs and their affiliated practices and providing financing for such transactions. Eric represents DSO clients across the United States.

 

In his career of nearly two decades, Eric has worked on a number of significant dental and practice finance transactions on behalf of buyers, sellers, lenders and potential investors. He counsels DSOs, investors and practice owners on sophisticated dental business issues, including regulatory compliant DSO and practice ownership structures and governance, and best practices regarding loan structures.

 

Eric also specializes in the preparation of regulatory compliant business agreements between DSOs and their affiliated practices and professionals, as well as other third parties.

 

Gerald LievoisGerald T. Lievois

Jerry is a member of Dykema’s Corporate Finance Practice Group and Dental Service Organizations Group. He is experienced in DSO mergers and acquisitions, and assists private equity groups, other investors and their portfolio companies in DSO acquisition transactions.

 

Over the last few years, Jerry has worked on a number of significant DSO acquisition transactions. He also counsels DSOs in the preparation of regulatory compliant business agreements between DSOs and their affiliated practices and professionals.

 

Virgil Ochoa, Dykema DSO GroupVirgil Ochoa

Virgil Ochoa is an attorney in Dykema’s Dental Service Organizations Group as well as the Business Services Group, where he focuses his practice on dental service organizations, corporate finance matters and international trade law. Mr. Ochoa regularly advises clients on a wide array of corporate matters, including creating regulatory compliant business models, assisting investors in buying, selling or investing in Dental Service Organizations, assisting dentists in selling their practices, and assisting Dental Service Organizations in affiliating with dental practices.

 

Craig Woods, Dykema DSO AttorneyCraig Woods

Craig is a member of Dykema’s Dental Service Organizations Group with a focus on DSO Business Agreements and government and regulatory investigations and litigation. He has considerable experience advising DSOs, MSOs, large practice groups, dentists and other health care providers in various corporate and regulatory matters, including the preparation of regulatory compliant business agreements between DSOs and their affiliated practices and dentists. Craig also brings more than 10 years of substantive regulatory litigation experience in complex commercial, business and health care law where he has advised and represented Fortune 500 and industry-leading dental, medical and health care companies.

DSO Compliance with State and Federal Regulations
Phyllis AdamsPhyllis Adams

Phyllis is the former Leader of Dykema’s Health Care Practice Group and presently a member of the firm’s Executive Board and Dental Service Organizations Group.

 

Prior to becoming an attorney, Phyllis was a licensed dental hygienist and also spent many years managing dental practices. She is highly experienced in the corporate practice of dentistry, illegal fee-splitting and the related regulations, including advertising regulations, laboratory regulations, patient finance regulations, billing regulations, HIPAA regulations, credentialing, permit and licensure regulations, and marketing regulations affecting dental practices. Phyllis is skilled in reading dental records and has considerable experience defending compliance audits from state and federal government agencies as well as private payers.

 

Kathrin KudnerKathrin E. Kudner

Kathy is a member of Dykema’s Health Care Practice Group and Dental Service Organizations Group.

 

Kathy has experience in a broad range of dental compliance issues, including mergers and acquisitions, corporate practice of dentistry, Medicaid compliance billing audits, HIPAA/HITECH, and application of the Affordable Care Act to DSOs, including the Sunshine Act. Kathy regularly advises DSO and dental clients on compliance with regulations relating to the manufacture and sale of dental devices, the prescription and dispensing of prescription drugs and controlled substances, scope of practice, and occupational safety. She has broad experience in responding to and defending compliance and billing audits and HIPAA complaints from state and federal government agencies. She is a foremost authority on HIPAA compliance and the new Affordable Care Act regulations. Kathy works with numerous DSOs in developing compliance programs, including policies and procedures, trainings and compliance audits.

 

Kathleen ReedKathleen A. Reed

Kathleen is a member of Dykema’s Health Care Practice Group and Dental Service Organizations Group. She has broad experience in the federal and state regulation of pharmacy and drug control and resale issues, fraud and abuse, scope of practice, licensure and regulatory matters, and patient care issues.

 

Kathleen is also a registered nurse who has significant experience working in both the clinical and business office aspects of dental practices.

DSO Credentialing, Permits and Certifications
Eric KleinEric S. Klein

Eric is a member of Dykema’s Health Care Practice Group and Dental Service Organizations Group.

Eric has significant experience with the licenses, permits and certifications required to operate dental practices, including dental licenses, radiation permits, tax certificates, controlled substance permits and hazardous waste certifications. Eric also has considerable experience in the licensure of foreign dentists and the residency requirements for out-of-state owners of dental practices.

DSO Brand Protection
Victor JohnsonVictor C. Johnson

Victor is a member of Dykema’s Intellectual Property Practice Group and Dental Service Organizations Group.

 

Victor assists DSO clients with all types of intellectual property litigation and prosecution matters, including patent, trademark and copyright infringement; unfair competition and theft of trade secret litigation; securing trademarks and patents with the USPTO; and securing copyrights with the Copyright Office. He also assists DSO clients on intellectual property due diligent matters, including validity and non-infringement opinions; advice on designing around patents; and negotiating and licensing of IP rights.

 

Eric FingerhutEric T. Fingerhut

Eric is the Leader of Dykema’s Trademark Practice Group and a member of the Dental Service Organization Group.

 

Ranked as a First Tier trademark lawyer by the World Trademark Review, Eric has significant experience representing Dental Service Organizations in clearing new marks and logos, registering trademarks, copyrighting proprietary information on practice development, and protecting trademarks, trade dress and web domain names through applicable legal proceedings. He has spent considerable time registering and maintaining catalogues of Dental Industry specific trademarks and copyrights for a variety of DSOs. Eric has significant experience in filing trademark and copyright infringement lawsuits, and trademark opposition and cancellation actions to protect Dental Industry Company brands. Recently, he successfully represented ClearChoice in an opposition it filed with the Trademark Trial and Appeal Board. The case pitted ClearChoice’s CLEARCHOICE mark against an application to register the mark REAL CHOICE. He also regularly appears before the Internet Corporation for Assigned Names and Numbers (ICANN) in connection with internet domain name disputes.

 

Zachary Hoard, Dykema DSO AttorneyZachary Hoard

Zack is a member of Dykema’s Business Litigation Group and Dental Service Organizations Group. He has successfully represented clients in several state dental board actions and traditional litigation disputes regarding allegations of the corporate practice of dentistry, fee splitting and related violations.

 

Zack also has considerable experience in filing trademark and copyright infringement lawsuits, and trademark opposition and cancellation actions to protect Dental Industry Company brands.

DSO Patient Finance
Kyle Owens

Kyle focuses his practice on business and consumer-financial litigation and arbitration, and consumer-financial-regulatory guidance. Clients look to Kyle for helping successful businesses and individuals resolve conflicts and comply with their legal obligations. He has extensive experience working with clients in the Dental Service Organizations and the Financial Services industries.

 

Before joining Dykema, Kyle was Associate General Counsel at a Top 10 U.S. bank and its lead lawyer for multiple lines of business. In that role, he partnered with its executive teams and served as a legal, regulatory, and risk-management counselor to all levels of the business. Kyle has deep experience providing practical guidance to financial institutions regarding the laws and regulations applying to them. Among other areas, he has advised lenders regarding the Truth in Lending Act/Reg Z, the Real Estate Settlement Procedures Act, the Equal Credit Opportunity Act/Reg B, Fair Lending, the Fair Credit Reporting Act, the Electronic Fund Transfer Act, E-SIGN, the Fair Debt Collection Practices Act, UDAAP, the Telephone Consumer Protection Act, and the Flood Disaster Protection Act.

 

Before going in-house, Kyle practiced complex commercial litigation and arbitration at a large international law firm. In addition to advising banks, lenders, and securities firms on various matters, he has litigated, arbitrated, and negotiated resolutions in a wide range of disputes in Texas and beyond, including contract, lending, securities, investment, insurance, probate, and trust matters. Kyle has arbitrated multiple disputes before the Financial Industry Regulatory Authority (FINRA), the American Arbitration Association, and the International Centre for Dispute Resolution.

Government Investigations and Corporate Compliance

Jonathan FeldJonathan S. Feld

Jonathan Feld is the Leader of Dykema’s Government Investigations and Corporate Compliance Team and a member of the Dental Service Organizations Group.

 

Jonathan’s practice focuses on complex civil and criminal matters, including antitrust, health care fraud, financial and antibribery actions. He represents companies, directors and officers in investigations and enforcement actions by the U.S. Department of Justice (DOJ), Securities and Exchange Commission (SEC), the U.S. Department of Housing and Urban Development (HUD), the Food and Drug Administration (FDA) and other regulatory agencies. Jonathan advises corporations, boards of directors and board committees regarding internal investigations, corporate compliance programs and corporate governance issues, including the Foreign Corrupt Practices Act (FCPA) and data privacy. He formerly served as an Associate Deputy Attorney General at the DOJ.

DSO Tax Regulations
Richard Lieberman

Rich is a member of the Firm’s Tax Practice Group. With more than 30 years of broad transactional and structuring experience, Mr. Lieberman concentrates his practice on the use of corporations, partnerships and limited liability companies in domestic and cross-border acquisitions, restructurings, mergers and financing transactions. He also advises Dykema’s clients, including those in the DSO space, on tax issues related to executive compensation arrangements, including designing and advising on the implementation of executive, equity and deferred compensation programs.

 

Rich has substantial experience in the formation of joint ventures and acquisitions and dispositions of businesses and interests in joint ventures. He also represents not-for-profit organizations in obtaining and retaining exemption from federal, state and local taxes, avoiding unrelated business income tax, and addressing private inurement and intermediate sanctions issues. He has long-represented both businesses and individuals before the Internal Revenue Service and state Departments of Revenue.

DSO Employment Issues
Arlene Switzer SteinfeldArlene Switzer Steinfield

Arlene is a member of Dykema’s Labor & Employment Practice Group, Employment Litigation Group, Dental Service Organizations Group, Biotechnology and Life Science Group, Health Care Practices Group, Hospitality Practice Group, and the Pharmaceuticals & Medical Products Practice Group.

 

Arlene has represented DSOs, medical practice groups, physicians, dentists and hospitals in connection with employment litigation in state and federal court, devising preventative compliance strategies for employee terminations while reducing the risk of litigation, and providing advice in connection with internal audits of personnel practices, and the preparation of personnel policies and handbooks. Arlene also advises employers on wage-hour compliance, conducts internal investigations for health organizations on claims of discrimination and harassment, and provides training to health care employers on employment law compliance.

Government & Regulatory Litigation
Leonard WolfeLeonard C. Wolfe

Len is a member of Dykema’s Government Policy Practice Group and Dental Service Organizations Group. He is also currently a member of the firm’s Executive Committee and a former Director of the firm’s Regulated Industries Department.

 

Len’s practice encompasses several areas of legal representation, including general corporate matters, public policy litigation, government reorganization and restructuring, and general administrative law (including representing clients before various state departments, agencies and boards). He has been involved in the drafting of complex legislation and administrative rules on a variety of matters, including compliance and licensing matters, economic development, Freedom of Information Act (FOIA) and state ethics and conflicts of interest. In addition, Len has experience with other governmental matters, including department and agency investigations, Office of Auditor General performance audits and the drafting of Interlocal Agreements, Intergovernmental Transfer Agreements, Executive Orders and Executive Directives, as well as Advisory Opinion requests.