Thomas-Mellema Law
Amy Thomas-Mellema is a highly accomplished attorney with more than 20 years experience in fast-paced legal environments, serving as Senior Counsel for two of the largest corporations in West Michigan.
Her experience as an in-house attorney has given her a wealth of experience that she will bring to your organization. From health care law and regulations to privacy issues, intellectual property to software licenses, contracts to becoming a licensed U.S. Customs Broker, she has the proven track record to not only tell you the law, but work with you to develop the best solutions for your business.
As Senior Corporate Counsel she has extensive experience with health law, software and IT licensing, marketing, licensing, credit, intellectual property, customs, transportation, distribution, merchandising, and treasury operations. She has advised clients on consumer protection laws, misleading advertising and packaging issues. She also has conducted training seminars regarding legal issues such as Intellectual Property, Buying Agents/Customs issues, regulatory compliance and HIPAA.
Amy’s goal is to develop relationships based on trust and mutual respect. She will work hard to understand your business and your needs, to become part of your team, helping you identify issues before they become problems while building and encouraging open communication and interaction. Her goal is to help your company reach its goals.
Education and Licenses
Juris Doctor, University of Detroit Mercy School of Law
Bachelor of Arts, Albion College—Major in Economics
Licensed U.S. Customs Broker
Member Michigan Bar Association
Member Grand Rapids Bar Association
Business Law and Contracts
The foundation of your business dealings will be in the agreements that you enter into with vendors, employees and suppliers. Implementing proper legal contracts early in the process promotes good business. As an experienced contracts attorney, I can ensure that your interests are protected in each relationship identifying imbalances, potential future problems and ascertain the risks involved allowing you, the business owner, to balance the costs and benefits of the proposed contract from an informed perspective.
Agreements include:
Confidentiality Agreements
Security Agreements
Purchase/Sale Agreements
Vendor Agreements
Release and Waiver Agreements
Professional Services Agreements
Manufacturing, private label and distribution agreements
Contingent labor and outside vendor services agreements
Sponsorships Agreements
Licensing and Information Technology Law
Technology is critical to every type of business. When your company is making major investments in software and hardware, it is critical that your IT License Agreements protect you and your company, clearly outlining expectations. My 17+ years of experience in representing users of technology in all types of transactions has given me the knowledge and insight your company needs to protect itself. I provide practical advice to meet your business objectives.
Experience counseling clients regarding:
Drafting and review of software license agreements
Maintenance and support agreements
Software as a Service Agreements
VAR (value-added reseller) agreements
Evaluation agreements
Consulting agreements
Technology service agreements such as website developer, software developer agreements, joint development agreements, and testing agreement.
End user licensing agreements
Agreements for purchasing or leasing computer equipment
Software development agreements
Outsourcing agreements, including service level agreements
Source code escrow agreements
Internet-related agreements including website hosting agreements, website terms and conditions and privacy policies
Intellectual Property – Trademark Portfolio – Brand Management Law
Protecting your trademarks and ideas are critical to the success of your company whether you are a multi-national company or a home-based business. I can help you do what it takes to protect your valuable ideas and products, keeping what is unique to you, yours. I combine practical, real-world counsel with efficient, legal services for a broad range of intellectual property issues including:
Trademark registration, clearance and licensing
Intellectual property contract drafting and negotiation
Protection of trade secrets and confidential business information
Non-Disclosure Agreements
Copyright protection
Training on Intellectual Property and Brand management.
Review sales and marketing materials for intellectual property issues
Consent and concurrent trademark use agreements
Cease and desist letters
Research of infringing third parties and investigation into the scope and strength of their rights.
I can defend your trademark and copyright infringement claims. I also will represent you in actions before the Trademark Trial and Appeal Board, including oppositions, cancellation actions and concurrent use proceedings, or any other intellectual property issue that may arise.
Advertising and Marketing Law
With 8 years’ experience as Senior Counsel for one of the largest retailers in the Midwest, as well as 7 years experience with a nationally recognized health insurance company, I have an in-depth understanding of the legal responsibilities associated with marketing and advertising. It’s critical to make sure that the claims you make as an organization are defendable, truthful…and legal.
Some things to consider include:
Compliance with Truth-in-Advertising laws
Protection and use of intellectual property
Product labeling guidelines
Compliance with sweepstakes and promotions regulations
Review sales and marketing materials for regulatory and intellectual property compliance
Importing – US Customs
As a Licensed U.S. Customs Broker I provided legal counsel to the International Logistics Department of a major retailer, one of the top 500 importers in the country. I have the experience and understanding to help your organization navigate through the increasing complicated world of importing and customs.
Services I provide include:
Agent and distributor marketing and sales agreements
Import and export planning
Training
US Customs Audit Preparation
Duty drawback consultation and entries
Country of Origin marking
Health Care Law
As Senior Counsel for a nationally recognized health insurance company based in Michigan, I have extensive, hands-on experience in health-care law during a time of regulatory change. My experience includes:
Regulatory compliance
Licensing
Accreditation
Reimbursement
Credentialing
Provider Marketing
Medicare/Medicaid fraud and abuse
HMO laws, regulations and contracting
PPO laws, regulations and contracting
Medical Review Officer
Long Term Disability
Utilization Review and other health benefits contracts
I have created a Health Benefits and Workers’ Compensation subrogation claims program to recover health benefits and workers’ compensation funds
Extensive experience with service area expansion working with the Office of Financial and Insurance Regulation (OFIR) and the Center for Medicare Services (CMS).
Privacy – Information Security Law – HIPAA
Privacy and HIPAA issues can permeate every aspect of an organization that handles confidential records, from software agreements to outsourcing, third-part contracts to internal policies and procedures. I provide practical advice on privacy law, while always considering your business needs, public relations issues, and customer demands.
I can assist you with all elements of privacy and security regulations including the following:
Developing and updating HIPAA privacy and security policies and procedures
Responding to security breaches and complying with HIPAA and state law notification obligations
Responding to an individual’s requests for access, amendment, accounting and alternative communications
Responding to individual complaints
Responding to subpoenas and other third-party requests for access to health records
Implementing changes required under the new Federal regulations
Negotiating business associate agreements with contractors
Drafting and negotiating Data Use Agreements
Conduct training session on privacy, information security and HIPAA
Developing internal policies and procedures to meet regulatory requirements
Assist with HIPAA security and privacy compliance including risk assessment, privacy and security gap analysis and risk assessment
Developing data retention policies and procedures