Overview

Richard Kraus has more than 35 years of experience in the areas of appeals, health care law, professional licensing and litigation.

As an appellate lawyer, he has handled difficult cases at all levels of state and federal appeals courts, with recognized expertise in the written and oral advocacy necessary for success on appeals. He has represented clients ranging from Fortune 500 companies to individuals and small businesses in a broad range of appeals. He is past chair of the American Institute of Appellate Practice, an invitation-only association of experienced appellate attorneys. Richard is also a member of the executive board of the American Bar Association Council of Appellate Lawyers and serves as its Michigan State Chair.  He is a member of the State Bar of Michigan Appellate Practice Section Council.

In the health care law field, Richard has represented individual health care professionals as well as hospitals, health systems, long-term care facilities and multi-practitioner clinics.  He often counsels clients in the following areas:

• Licensing investigations and proceedings for health care professionals and facilities
• Regulatory and administrative matters for health care professionals, organizations and facilities
• Response to government investigations (criminal, civil and administrative)
• Reporting and disclosure obligations
• Defense of health care criminal charges
• HIPAA and privacy issues

The strategic and analytical expertise developed in his appellate practice has led Richard to be involved in complex litigation involving commercial, business, governmental and constitutional matters.

Richard was honored as 2006 Lawyer of the Year by Michigan Lawyers Weekly. He has received the Distinguished Brief Award for Exceptional Appellate Advocacy before the Michigan Supreme Court, and the Swift Award for Civility and Professionalism from the Ingham County Bar Association. He was appointed as a Special Master for the United States District Court for the Eastern District of Michigan.

Honors & Recognitions

Affiliations

Memberships & Affiliations

Legal Affiliations:

• American Institute of Appellate Practice, Past Chair and Co-founder

• State Bar of Michigan

• Appellate Practice Section, Council Member

• Health Law Section, Member

• Publications and Website Advisory Committee Member

• Representative Assembly, 1989-1996

• American Bar Association

• Appellate Law Section

• Council of Appellate Lawyers, State Chair & Executive Committee (2014-2021)

• Health Law Section

• Michigan Legislative Liaison

• Subcommittee on Health Care Fraud and Abuse-False Claims

• Ingham County Bar Association

• Judicial Qualifications Committee, 1982-1984

• Publications Committee, 2008-present

• Federal Bar Association

• Western District of Michigan Executive Committee, 1978-1979

• Diversity Law Institute – Charter Member, Advisory Board 2014-2015

Experience

Representative Matters

• Richard Kraus successfully defended the State Bar of Michigan in federal court in two cases involving constitutional challenges to the association’s character and fitness review process. The appellate decisions held that Michigan's process for determining qualifications of attorneys is constitutional and members of character and fitness committees are immune from suit.
• Richard was named Lawyer of the Year by Michigan Lawyers’ Weekly in recognition of his successful representation of the University of Michigan Health System in a 2006 Michigan Supreme Court case setting the standards for the qualifications of expert witnesses in medical malpractice claims.
• In a precedent-setting case, Richard represented a multi-state apartment development company in state and federal courts, opposing the City of Lansing’s exercise of eminent domain on behalf of franchised cable television companies. After obtaining a favorable Michigan Supreme Court decision on an issue of first impression in the country, the court dismissed the city's claim of eminent domain and his clients were awarded $750,000 in legal fees.
• Richard has filed amicus briefs in state and federal courts advocating the positions of many prominent groups such as the Michigan Chamber of Commerce, Michigan Health and Hospital Association, Michigan State Medical Society, Michigan Osteopathic Association, and Small Business Association of Michigan. He recently filed an amicus brief in the Sixth Circuit Court of Appeals on behalf of a coalition of health care providers and facilities, business owners and employers supporting Michigan’s tax on health care claims against an ERISA preemption challenge.
• Richard has helped numerous physicians, dentists, psychologist and other health care professionals protect their licenses and careers in the defense of licensing investigations and proceedings.

Communications

Publications

• Emails to Your Personal Attorney May Not Be Privileged If Sent or Received on a Work-Provided Email Address, Foster Swift Legal Update E-blast, June 16, 2020
• Brief-Writing Tips for the Infrequent Appellate Attorney, Michigan Bar Journal, September 19, 2019
• U.S. Supreme Court Affirms that Collective Bargaining Agreements Must be Interpreted According to “Ordinary Principles of Contract Law”, Foster Swift Business & Corporate Law News, March 12, 2018
• Appellate Practice, Michigan Bar Journal, January 22, 2016
• Important Changes in the Investigation and Discipline of Licensed Health Care Professionals are Coming Soon, Foster Swift Health Care Law E-News, April 25, 2014
• Honing the Knife: Editing Effectively to Improve Legal Writing, Appellate Issues | American Bar Association Council of Appellate Lawyers, January 2014

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News & Events

Speaking Engagements

• Collateral Consequence of Criminal Behavior: Professional & Occupational Licenses, State Bar of Michigan (SBM): Criminal Law Section's Mid-Winter Conference, February 16, 2020
• MDTC Annual Meeting & Conference: Appellate Advocacy and Appeal Success Strategies, Michigan Defense Trial Counsel Annual Meeting and Conference, June 23, 2017
• Using an Appellate Specialist at Trial, Litigation Counsel of America Spring Conference, May 1, 2014
• Symposium on the New Court of Claims, Detroit-Mercy Law School, February 28, 2014
• Peer Review and Credentialing, Michigan Association of Medical Staff Services, October 7, 2011
• Attorney-Client Privilege - Legal and Ethical Concerns, 2008

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News

• 18 Attorneys Selected to 2020 Michigan Super Lawyers and “Rising Stars”, September 18, 2020
• Foster Swift Attorneys Named Best Lawyers® 2021 "Lawyer of the Year", August 20, 2020
• Foster Swift Attorneys Named to 2021 Best Lawyers in America©, August 20, 2020
• 23 Attorneys Selected to 2019 Michigan Super Lawyers and “Rising Stars”, Automation Alley, September 3, 2019
• 42 Foster Swift Attorneys Listed as Best Lawyers® 2020, August 15, 2019
• Artificial Intelligence Invades Appellate Practice: The Here, The Near, and The Oh My Dear, American Bar Association, February 5, 2019
• Kraus Reelected to ABA Council of Appellate Lawyers Executive Committee, November 19, 2018