Justin D. Hein has practiced law since 2005. After over a decade of work, he has handled a variety of legal matters in a variety of different areas of practice of the law. The bulk of his experience lies in the practice areas described below. That stated, many areas of practice of the law touch upon the same procedures, substance, and fault-lines of dispute. So, please keep that in mind as not every type of matter warranting legal representation, counsel, or guidance will always neatly fit within a confined description.
Assist individuals or corporations in understanding and complying with legal requirements promulgated by federal, state, and local agencies by way of complex rules and regulations that were drafted as a result of delegated authority from the respective legislative branches. Encompasses government regulation, legislation, rulemaking, and adjudication. In practice, provide services to individual and corporate clients who require counsel regarding navigating complex government laws, licensing, rules, regulations, procedures, permitting, applications, or enforcement matters.
Compliance, Formation, and Governance
Assist in guiding clients through the challenges of deciding appropriate jurisdiction, entity selection, tax election, initial articles and bylaws, shareholder agreements, security agreements and registration, and then general preparation. This includes non-profits, limited liability companies, partnerships, and other associations that carry on economic activities. Compliance involves the design, implementation, and monitoring of effective policies, programs, procedures, and practices surrounding compliance by an organization and its employees and other representatives with legal and regulatory requirements applicable to the organization’s business activities as well as detection of potential violations of these legal and regulatory requirements by an organization’s employees and other representatives.
Negotiation, drafting, revising, amending, enforcing, and disputing contracts are often at the root of any dispute. Thus, provide assistance in formation of the contract in all aspects of transactions, including due diligence, intellectual property evaluations, tax consequences, employee relations/affairs, environmental matters, creditors' rights, as well as standard terms and conditions. Ultimately, attempt to uncover, clarify, and address any matter in contention between the parties to avoid conflict at formation.
Preemptive advice and management to employers about workplace related issues ranging from advertising, hiring/decline, onboarding, training, recordkeeping, third party reporting, corrective action, discipline, wage-and-hour, and safety, among others. Includes counsel and training, as well as post-event management, investigation, and documentation of workplace sexual discrimination and harassment, discrimination (e.g. age, race, disability, sexual orientation, pregnancy, alienage, veteran status), retaliation, and bullying. Also offering on-the-scene advice, management, and oversight of workplace-centric disputes, often involving workplace theft/fraud, wage-and-hour, HIPAA, I-9, privacy, corrective action, implementation of policies and procedures, fiduciary duties, and training. Can serve in the role of investigator or as counsel to employer involved with retaining a third party investigator. Ultimately, can help pursue or defend claims involving the many laws governing employee relations, which are often referred to as “employment law alphabet soup.” These include Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), whistleblower claims under the Sarbanes-Oxley Act (SOX) or Dodd-Frank Act, the Occupational Safety and Health Act (OSHA), the Employee Retirement Income Security Act (ERISA), the Genetic Information Nondiscrimination Act (GINA) and the National Labor Relations Act (NLRA).
Legal issues involving federal, state, or local law, rules or regulations and health care provider issues, regulation of providers, legal issues regarding relationships between and among providers, legal issues regarding relationships between providers and payors, and legal issues regarding the delivery of health care services. Touches upon the fiduciary duties of doctor-patient, such as privacy HIPAA, informed consent (battery unlawful touch), conflict of interests, patient abandonment, ADA, among others. Services include health care licensing, certification, registration, credentialing—both privately and publicly; peer review and staff privileges; provider status and appeals; professional societies and associations; benefit claims; benefit enrollment and appeals.