On January, 2000, the Kapsner & Oliver firm merged with Fargo-based Vogel Law Firm and established a statewide presence. Since that time, the Bismarck office has expanded from three attorneys to twelve. The merger with Vogel has allowed me to focus my practice on employment and healthcare law, and provided expanded resources and a collective base of legal wisdom among the members.
For the last thirteen years, my employment practice has been focused on representing North Dakota employers on a variety of human resource issues, focusing on risk management, hiring and termination, training, handbooks, performance reviews, unemployment insurance, harassment and discrimination. I have given employment law trainings and presentations statewide, to public and private employers and statewide associations. I have organized and presented at the Vogel firm’s biennial employment law seminar. I am a co-editor of the North Dakota Employment Law Letter, a monthly newsletter published by Business and Legal Reports. I have been recognized as a North Dakota “Super Lawyer” as an employment law practitioner.
My healthcare practice is focused primarily on Medicare and Medicaid compliance issues facing North Dakota health care facilities. I have provided advice and counsel to health care facility boards relating to risk management including fraud and abuse. I have represented health care facilities and individual providers before state and federal agencies including the Office of the Inspector General and the United States Attorney. I have also represented individual practitioners before state and federal agencies in matters relating to licensing, provider status and certification. In 2010 and subsequent years, I have been recognized by “Best Lawyers in America” as a healthcare law practitioner.
Drafted bench memoranda summarizing research, legal and factual analysis
Conducted legal research; analysis of statutory and regulatory law, legislative history and case law; reviewed record from trial court and appellate briefs;
Prepared initial draft of opinions
Note, The Right to Die in North Dakota: The North Dakota Living Will Act. 66 N.D.L.Rev. 495 (1991)
Contributing Author (ND): 50 Employment Laws in 50 States (Business & Legal Resources, 2011-2014)
Contributing Author (ND): Fifty State Survey of Certificate of Need and Licensure: Nursing Homes, Assisted Living, Home Health and Hospice (American Health Lawyers Association, 2009)
Co-editor, North Dakota Employment Law Letter (Business & Legal Resources Publishers – 2000 to Present)
SBAND President Sherry Mills Moore appointed me to Chair a steering committee to create a framework for the Lawyer Assistance Program, established under North Dakota Supreme Court Administrative Rule 49. In 2005, I received the Outstanding Committee Chair award from SBAND.
As Chair of the newly created Bar program, I was asked to work with the committee members to build on the framework created during the steering committee process. Focused on providing assistance to lawyers with mental health or substance abuse issues that impact law practice administration or compromise professional competence, the committee developed systems to work with Disciplinary Counsel and the disciplinary process and the Board of Law Examiners. Later, the Committee’s work expanded to outreach, education and the creation of a subgroup of trained attorneys to serve as peer assistants for LAP participants. At the request of the Board of Governors, LAP worked with St. Alexius Medical Center in Bismarck to establish a statewide Member Assistance Program for bar members and their families. I was designated as the SBAND Outstanding Committee Chair in 2012.
Strengths you would bring to the Court
Supreme Court Vacancy 2013 News
October 10, 2013