Akerman LLP

Accountable Care, Non-Profit Status and the Dangerous Ripple Effect it May Cause

On April 8, 2016, the Internal Revenue Service (IRS) released Private Letter Ruling (PLR) 201615022, which denied tax-exempt 501(c)(3) status to a commercial accountable care organization (ACO). This ruling marks the first time…more
| Health, Taxation, Nonprofit Law

OCPS Implements Changes to Capacity Enhancement & School Concurrency Processes

Orange County Public Schools (OCPS) recently implemented a number of changes to the Capacity Enhancement and School Concurrency review processes, which should result in shortened approval timeframes and other cost and time…more
| Real Estate - Commercial, Zoning, Planning & Land Use

Accountable Care, Non-Profit Status and the Dangerous Ripple Effect it May Cause

On April 8, 2016, the Internal Revenue Service (IRS) released Private Letter Ruling (PLR) 201615022, which denied tax-exempt 501(c)(3) status to a commercial accountable care organization (ACO). This ruling marks the first time…more
| Health, Nonprofit Law, Taxation

Treasury Department Extends Filing Requirements to Foreign-Owned Domestic Disregarded Entities

On May 10, 2016, the Treasury Department issued proposed regulations (the Proposed Regulations) which enable the Internal Revenue Service (IRS) to collect certain information about domestic disregarded entities with a single…more
| Business Organizations, International Law & Trade, Taxation

Nominative Fair Use: The Second Circuit Joins Neither The Third Nor Ninth Circuits In Its Approach

In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in that Circuit in…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

2016 Environmental Legislation Makes Needed Improvements to Environmental Cleanup Programs

On April 6, 2016, Governor Scott approved legislation which makes much needed improvements and modifications to several existing environmental cleanup programs in Florida including the Petroleum Restoration Program and the…more
| Environmental Law

Wellness Programs May Need a Check-Up Following Recent EEOC Guidance

Many employers offer some type of “wellness program” to their employees as a way to improve employee health and reduce healthcare spending. Wellness programs can be called many different things, including “weight loss…more
| Civil Rights, Health, Labor & Employment Law

Long-Awaited New Overtime Rule Issued

Beginning December 1, 2016 employers will have to pay “white collar” workers a salary of $47,476 ($912 a week) and ensure that they meet certain job duties tests established by law or else pay them overtime, under new…more
| Labor & Employment Law

Wellness Programs May Need a Check-Up Following Recent EEOC Guidance

Many employers offer some type of "wellness program" to their employees as a way to improve employee health and reduce healthcare spending. Wellness programs can be called many different things, including "weight loss…more
| Health, Labor & Employment Law

Generic Churrascos at the Federal Circuit

The Federal Circuit recently provided additional guidance concerning whether an applied-for mark is generic in In re Cordua Restaurants, Inc., (May 13, 2016). This case stemmed from the United States Patent and Trademark…more
| Administrative Law, Commercial Law & Contracts, Intellectual Property

En Banc Reconsideration Sought in FLANAX Case

Belmora LLC filed a petition for reconsideration en banc of the Fourth Circuit’s FLANAX decision in Belmora LLC v Bayer Consumer Care AG, Appeal No. 15-1335 (4th Cir. March 23, 2016). As we previously have blogged…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

USPTO Drops 11th Circuit Appeal of ND Alabama Order In Houndstooth Case

We previously blogged on Judge Proctor’s (ND Ala.) order directing the United States Patent and Trademark Office (the “Board”) to comply with the Court’s prior order, approving a settlement agreement between the University of…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Moving Workplace Injury and Safety Reporting Into the Digital Age: Electronic Reporting Requirements For OSHA Data

On May 11, 2016, the Occupational Safety and Health Administration finalized its 2013 proposed rule aimed at improving tracking of workplace injuries, increasing transparency and encouraging employees to report violations…more
| Labor & Employment Law

Attention Employers: Action Required Before Having Employees or Contractors Sign Non-Disclosure Agreements

Wednesday, President Obama signed the federal Defend Trade Secrets Act of 2016 into law, the details of which we reported in a recent Akerman Practice Update. The Act allows companies for the first time to bring trade secret…more
| Civil Remedies, Commercial Law & Contracts, Elections & Politics, Intellectual Property, Labor & Employment Law

Reminder To HR Professionals: You Can Be Held Personally Liable For FMLA Violations

A recent decision offers a not-so-friendly reminder to HR professionals and supervisory employees: you can be individually liable for FMLA violations if you review, approve, and correspond with employees regarding their FMLA…more
| Labor & Employment Law
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