Benesch

Perspectives - August/September 2016

We’ve all heard about India’s rape crisis, but not everyone knows that it’s the result of the larger problem of gender inequality. According to UNICEF, India is the worst place to be born a girl. The birth of a baby girl is…more

501(c)(4), Appraisal, Business Formation, Charitable Donations, IRS

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3D Printing News: Recent M&A Activity; Copyright’s Conceptual Separability Test; Expiring Patents

Here are recent and significant M&A deals in the 3D space. In September, GE acquired SLM Solutions and Arcam, reportedly spending $1.4 billion for both. Arcam provides a cost-efficient additive manufacturing solution…more

3-D Technology, Acquisition Agreements, Copyright, General Electric, Patent Expiration

See All Updates »

Perspectives - August/September 2016

We’ve all heard about India’s rape crisis, but not everyone knows that it’s the result of the larger problem of gender inequality. According to UNICEF, India is the worst place to be born a girl. The birth of a baby girl is…more

501(c)(4), Appraisal, Business Formation, Charitable Donations, IRS

See All Updates »

“Right-to-Work” Momentum Building in 2017

In the early months of 2017, right-to-work legislation continues to garner significant attention as a number of states explore legislation. In early January, Kentucky passed legislation prohibiting employers from entering…more

Legislative Agendas, NLRA, Pending Legislation, Railway Labor Act, Right to Work

See All Updates »

Perspectives - February 2016

I Just Received Drafts of Construction Loan Documents from My Lender, Now What? I have heard the following statement many, many times over the course of my career: “Do I really need to hire an attorney to close a simple…more

Commercial Leases, Construction Loans, Crowdfunding, DOL, First Amendment

See All Updates »

InterConnect - Winter 2017

As any mergers and acquisitions (M&A) practitioner knows, one of the keys to a successful transaction is ensuring that all of the moving pieces come together smoothly at the appointed time for closing. Regulatory issues…more

Acquisitions, Administrative Appointments, Contract Interpretation, FMCSA, Mergers

See All Updates »

President Obama’s Latest Executive Order: Required Paid Sick Leave for Federal Contractors and Subcontractors

By President Obama’s September 7, 2016 Executive Order, federal contractors and subcontractors will now be required to provide paid sick leave to their employees beginning on January 1, 2017. The Department of Labor (DOL)…more

DOL, Executive Orders, Federal Contractors, Paid Leave, Sick Leave

See All Updates »

NAFTA Watch - March 2017

This publication is designed to provide our clients in the manufacturing, transportation and logistics, and related industries with monthly updates on any action taken by the Trump Administration, Congress and/or federal…more

Canada, Manufacturers, Mexico, NAFTA, Political Appointments

See All Updates »

Stark Law - Is Relief in Sight?

On July 15, 2015, the Centers for Medicare and Medicaid Services (“CMS”) published proposed revisions to the regulations implementing the physician self-referral law, or Stark Law. If enacted, these revisions could allow…more

Affordable Care Act, CMS, DHS, Health Care Providers, Healthcare Reform

See All Updates »

On Second Thought, DOL Proposes 60-Day Delay to Fiduciary Rule Applicability Date

On March 1, 2017, the Department of Labor’s (DOL) issued a proposed rule to extend the Fiduciary Rule applicability date by 60 days. The current applicability dates for the Fiduciary Duty Rule and prohibited transaction…more

Comment Period, DOL, Effective Date, Fiduciary Rule, Proposed Regulation

See All Updates »

Brexit's Effect on Intellectual Property Rights

Now that the United Kingdom has voted to withdraw from the European Union (commonly known as “Brexit”), we turn to the question of how Brexit will affect intellectual property rights in the UK and Europe. The good news is…more

EU, European Patent Convention, European Patent Office, European Union Intellectual Property Office (EUIPO), European Union Trade Mark (EUTM)

See All Updates »

EU Data Protection Law Subjects U.S.-Based Companies to Potentially Substantial Penalties

On May 25, 2018 the European Union’s General Data Protection Regulation and Regulation on Privacy and Electronic Communications (the “ePR”) will go into full force and effect. That gives companies that do business in the EU, or…more

Electronic Communications, ePR, EU, General Data Protection Regulation (GDPR), International Data Transfers

See All Updates »

The Economic Development Toolbox: Downtown Redevelopment Districts Provide Additional Economic Development Tools for Ohio Municipalities

On May 6, 2016, Governor Kasich signed Am. Sub. House Bill 233 (“H.B. 233”) authorizing Ohio municipalities to create Downtown Redevelopment Districts (“DRDs”) to encourage the rehabilitation of historic buildings and economic…more

Accelerators, Economic Development, Governor Kasich, Historical Rehabilitation, Incubators

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Benesch Perspectives - July 2014 Newsletter

In this issue: - Not-for-Profit Spotlight - Giving to Religion Trending Downward for a Decade - What You Can Learn from Giving 2014 - Is the Front Door Closing on the Parsonage Exemption? …more

Charitable Donations, Churches, Home Health Care, Independent Contractors, Misclassification

See All Updates »

Omissions Regarding “Known Trends” in a 10-Q Report May Support a Securities Fraud Claim

If a public company fails to disclose in its quarterly or annual reports trends and uncertainties that it could reasonably expect to have a material impact on revenues, at least one significant federal court has held that the…more

Corporate Counsel, Disclosure Requirements, Form 10-Q, Material Disclosures, Publicly-Traded Companies

See All Updates »

New Final Claims Regulations Regarding Disability-Related Claims Has Been Issued by DOL

On December 16, 2016, the U.S. Department of Labor (DOL) published a final rule altering the claims procedure regulations for ERISA plans providing disability benefits (the “Final Rule”). The regulations, which finalize…more

Conflicts of Interest, Disability Benefits, DOL, ERISA, Final Rules

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Gone Phishing: IRS Warns Businesses of Tax Season W-2 Phishing Scam

Tax season is upon us, and as millions of people nationwide are preparing to file their tax returns, the Internal Revenue Services (IRS) has issued an urgent warning regarding a recurring e-mail phishing scheme targeting…more

Human Resources Professionals, IRS, Phishing Scams, Risk Management, Tax Returns

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Holidays Can Be A Time To Spot Changes In Elderly Family Members

Slight changes in behavior or personality can be subtle and not easily noticed if you interact with the person frequently. However, many Americans will be visiting with elderly family members during the upcoming holidays and…more

Elder Care

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SEC Adopts Final Rules on CEO Pay Ratio Disclosure

On August 5, 2015, the Securities and Exchange Commission (“SEC”) adopted long-awaited final rules on CEO pay ratio disclosure (the “Rules”), which require that almost every SEC registrant disclose the ratio of the annual total…more

CEOs, Disclosure Requirements, Dodd-Frank, Exemptions, Final Rules

See All Updates »

The House Has Passed H.R.720: The Lawsuit Abuse Reduction Act of 2017

On March 10, 2017, at 11:29 a.m., by a vote of 230 to 188, with eleven members not voting, the House of Representatives passed the Lawsuit Abuse Reduction Act of 2017. Of the “ayes,” 227 were Republican and three were Democrats;…more

Federal Rules of Civil Procedure, Frivolous Lawsuits, Pending Legislation, Rule 11, Safe Harbors

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China Business Update: China’s Evolving Legal Landscape for Trade Secret Protection

2013 will be remembered as a watershed year for trade secret protection in China. In January 2013, China’s Amended Civil Procedure Law came into force, giving courts discretion to issue interlocutory injunctions (1)…more

China, Infringement, Irreparable Harm, Patents, Trade Secrets

See All Updates »

Trump Administration Freeze on Regulations

On January 20, 2017, President Trump took a step to fulfill his campaign promise to reduce regulations on businesses when his Chief of Staff, Reince Priebus, directed federal agencies to freeze all pending regulations. Although…more

Deregulation, DOL, Federal Contractors, FLSA, OSHA

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Landmarks - Summer 2015

Technologically savvy shoppers visiting brick-and-mortar retail locations are increasingly engaging in “showrooming,” a practice where consumers use the brick-and-mortar retail location to evaluate a product in person, yet…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Common Areas, Contract Drafting

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Landmarks - Summer 2015

Technologically savvy shoppers visiting brick-and-mortar retail locations are increasingly engaging in “showrooming,” a practice where consumers use the brick-and-mortar retail location to evaluate a product in person, yet…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Common Areas, Contract Drafting

See All Updates »

SEC Adopts Rules Permitting Crowdfunding

On October 30, 2015, the Securities and Exchange Commission (“SEC”) approved by a 3 to 1 vote, new regulations designed to provide additional avenues for small businesses to raise capital via a fundraising method commonly called…more

Capital Formation, Crowdfunding, Disclosure Requirements, Final Rules, Investors

See All Updates »

Ohio GOP Bill Would Give Counties, Cities Option on Paying Prevailing Wages

Ohio’s counties and cities would have the ability to decide whether they want to pay state-mandated prevailing wages on taxpayer-funded projects, or allow contractors to bid on projects without such requirements, under a bill…more

Legislative Agendas, Prevailing Wages, Proposed Legislation, Public Projects, State and Local Government

See All Updates »

InterConnect - Summer 2016

On April 6, 2016, the Food and Drug Administration (FDA) published its Final Rule on the Sanitary Transportation of Human and Animal Food (the Final Rule). These long-awaited regulations were mandated by the Food Safety…more

Bankruptcy Preferences, Commercial Bankruptcy, Commercial Truck Drivers, Exemptions, FDA

See All Updates »

InterConnect FLASH! No. 60 - Failing to Follow the Guidance from the "Recipe Book" May Be Very Costly: Part II

Two years ago in Flash No. 451, we wrote about the trial court decision in the Indiana case of Celadon Trucking Services, Inc. v. Wilmoth, et al., highlighting the importance of close attention to the “ingredients” of agreements…more

Commercial Truck Drivers, Contract Terms, Federal Leasing Regulations, Motor Carriers, Trucking Industry

See All Updates »

Lessons from November and December of 2016 That Will Help You Get Off to a Great Start in 2017

From the time that I was in elementary school through my years in law school, my grandfather always stressed the importance of getting off to a good start each new academic year. The importance of a good start is just as…more

Construction Contracts, Design Defects, Notice Provisions

See All Updates »

InterConnect - Summer 2014

In this issue: - Don’t Sail Too Close to the Wind: Enhancing Awareness of Intermodal Shipping Documents - NEMF Class Action Settlement Serves as a Reminder to Carriers to Ensure FCRA Compliance in Hiring -…more

Antitrust Provisions, Brand, Class Action, Compliance, FCRA

See All Updates »

Supreme Court Upholds Decision to Vacate NLRB Order Due to Improper Appointment of NLRB General Counsel

On March 21, 2017, the Supreme Court upheld an August 2015 opinion by the D.C. Circuit under the Federal Vacancies Reform Act holding that former acting National Labor Relations Board General Counsel Lafe Solomon improperly…more

Barack Obama, Canning v NLRB, Corporate Counsel, NLRB, NLRB General Counsel

See All Updates »

California Ruling On Website Accessibility Under The ADA May Lead To More Litigation

A recent decision out of a California superior court (Davis v. BMI/BND Travelware) ruled that a website operator was liable to a visually-impaired plaintiff for operating a website that was not accessible under the Americans…more

ADA, DOJ, Public Accommodation, Retailers, Title III

See All Updates »

Lyft Obtains Dismissal Of FCRA Class Action

Lyft, the ride-sharing service, recently obtained dismissal of a putative class alleging that it violated the Fair Credit Reporting Act (“FCRA”) when obtaining background checks on its drivers. See Nokchan v. Lyft, Inc., No…more

Background Checks, Corporate Counsel, Dismissals, FCRA, Jurisdiction

See All Updates »

Setting The Table - October 2016: The Buck Starts Here - What Shippers and Brokers Must Do to Comply with FSMA’s Sanitary Transportation Rule

In Spring 2016, the FDA released its long-awaited Final Rule on Sanitary Transportation of Human and Animal Food (the “Rule”). The regulation, which constitutes one of seven final rules implementing the Food Safety and…more

Commercial Truck Drivers, FDA, Final Rules, Food Safety, FSMA

See All Updates »

The New ASTM Phase I Standard

On December 30, 2013, a new standard for Phase I Environmental Site Assessments (“Phase I”), known as E1527-13 Phase 1 Standard for Environmental Site Assessments (“2013 ASTM Standard”) was adopted by the Environmental…more

ASTM, CERCLA, Environmental Policies, EPA

See All Updates »

The Ohio Department of Commerce Proposes “Factsheet” in Advance of Publishing Draft Cultivator Rules

On November 1, 2016, the Ohio Department of Commerce released its “Cultivator Rules” factsheet, which outlines the key elements of its initial draft rules for cultivation licenses under the Ohio Medical Marijuana Control…more

Comment Period, Licensing Rules, Marijuana, Marijuana Cultivation, Medical Marijuana

See All Updates »

Re-evaluating Your Company’s Use and Presentation of Non-GAAP Financial Measures

At a Glance: In May, the Securities and Exchange Commission (the “SEC”) added twelve new Compliance and Disclosure Interpretations (“C&DIs”) on the use of non-GAAP (“Generally Accepted Accounting Principles”) financial…more

C&DIs, EBITDA, Financial Reporting, GAAP, New Guidance

See All Updates »

2016 Is Ramping Up For Telemedicine Developments

Two months in and this year has already seen significant movement in regulatory action across the country to expand the ability to provide telemedicine services. Below please find some of the more significant items that have…more

Controlled Substances, Electronic Prescribing, Medicaid, Proposed Legislation, Reimbursements

See All Updates »

Landmarks - Winter 2015

In This Issue: - Crowdfunding — What It Is, What to Watch - Spotlight on Insurance: Know the Risks Involved with the Protective Safeguards Endorsement - Reinvestment In Leased Retail Space — Top 10 Legal…more

Commercial Insurance Policies, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Crowdfunding

See All Updates »

Federal Judge Temporarily Blocks New Overtime Rule

A federal Judge in Texas yesterday issued an order temporarily barring the Department of Labor (“DOL”) from enforcing its much-publicized new overtime rule, just over one week before the rule’s December 1 effective…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

See All Updates »

InterConnect - Winter 2017

As any mergers and acquisitions (M&A) practitioner knows, one of the keys to a successful transaction is ensuring that all of the moving pieces come together smoothly at the appointed time for closing. Regulatory issues…more

Acquisitions, Administrative Appointments, Contract Interpretation, FMCSA, Mergers

See All Updates »

CMS Finalizes Rule on Reporting and Returning Overpayments under Medicare Parts A and B

On February 11, 2016, the Centers for Medicare and Medicaid Services (“CMS”) released for publication its final rule for the Reporting and Returning of Overpayments under Medicare Part A and Part B (the “Final Rule”). The Final…more

60-Day Rule, Affordable Care Act, CMS, Final Rules, Medicare Part A

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Setting the Table - January 2015: I Really Need A License For That?! Regulators Crack Down on Liquid Food Commodity Transporters

The new “Tank Vehicle” definition, which became effective and enforceable in all 50 states last summer, will likely have a disproportionate effect on the food commodity transportation sector due to the tendency to transport…more

Commercial Truck Drivers, Commodities, Driver's Licenses, Final Rules, FMCSA

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The Hazy Rollout of Ohio’s Medical Marijuana Control Program (MMCP)

When Ohio House Bill 523 (HB 523) became effective on September 8, 2016, Ohio joined the company of 25 other states, the District of Columbia, and several U.S. territories that have legalized cannabis for medicinal purposes…more

Decriminalization of Marijuana, Medical Marijuana, Regulatory Standards

See All Updates »

NAFTA Watch - March 2017

This publication is designed to provide our clients in the manufacturing, transportation and logistics, and related industries with monthly updates on any action taken by the Trump Administration, Congress and/or federal…more

Canada, Manufacturers, Mexico, NAFTA, Political Appointments

See All Updates »

Class Action Lawsuit Claims Wines Contain Unsafe Levels of Arsenic

Four California residents brought a lawsuit earlier this month against 28 wineries for producing, manufacturing or distributing wine in California that allegedly contains inorganic arsenic in amounts far in excess of what is…more

Arsenic, Class Action, EPA, Wine & Alcohol

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Preliminary Injunctions Now Available for Enforcement of Trade Secrets

One of the most welcome developments in China’s evolving legal landscape this year is a new law that allows owners of trade secrets to obtain preliminary injunctions to stop infringement. Overseas investors have long complained…more

China, Eli Lilly, Foreign Investment, Infringement, Investors

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InterConnect - Fall 2016

In May 2016, the Department of Labor released its long-awaited Final Rule on changes to the Fair Labor Standards Act (FLSA). The Final Rule—which will take effect in three months—will impact transportation employers nationwide,…more

Common Carriers, Federal Maritime Commission, FLSA, NPRM, Preemption

See All Updates »

InterConnect - Winter 2017

As any mergers and acquisitions (M&A) practitioner knows, one of the keys to a successful transaction is ensuring that all of the moving pieces come together smoothly at the appointed time for closing. Regulatory issues…more

Acquisitions, Administrative Appointments, Contract Interpretation, FMCSA, Mergers

See All Updates »

InterConnect FLASH! No. 60 - Failing to Follow the Guidance from the "Recipe Book" May Be Very Costly: Part II

Two years ago in Flash No. 451, we wrote about the trial court decision in the Indiana case of Celadon Trucking Services, Inc. v. Wilmoth, et al., highlighting the importance of close attention to the “ingredients” of agreements…more

Commercial Truck Drivers, Contract Terms, Federal Leasing Regulations, Motor Carriers, Trucking Industry

See All Updates »

House Bill 194: Curbing Baseless Patent Infringement Claims

House Bill 194 was introduced on May 11, 2015, by primary sponsor Representative Kristina Roegner (R), Ohio House District 37. As introduced, the new bill will prohibit persons from engaging in the widespread sending of bad…more

Frivolous Lawsuits, Patent Infringement, Patents, Pending Legislation

See All Updates »

Brexit's Effect on Intellectual Property Rights

Now that the United Kingdom has voted to withdraw from the European Union (commonly known as “Brexit”), we turn to the question of how Brexit will affect intellectual property rights in the UK and Europe. The good news is…more

EU, European Patent Convention, European Patent Office, European Union Intellectual Property Office (EUIPO), European Union Trade Mark (EUTM)

See All Updates »

Supreme Court Upholds Decision to Vacate NLRB Order Due to Improper Appointment of NLRB General Counsel

On March 21, 2017, the Supreme Court upheld an August 2015 opinion by the D.C. Circuit under the Federal Vacancies Reform Act holding that former acting National Labor Relations Board General Counsel Lafe Solomon improperly…more

Barack Obama, Canning v NLRB, Corporate Counsel, NLRB, NLRB General Counsel

See All Updates »

Obama Signs New Federal GMO Labeling Law

On July 29, President Obama signed the National Bioengineered Food Disclosure Standard (S. 764) into federal law. This law will establish national standards for the labeling of food containing genetically engineered (“GE”)…more

Food Labeling, Food Manufacturers, GMO, New Regulations, USDA

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The 3D Printing Revolution: Prepare for the Risks, Leverage the Opportunities

3D printing is not just for tchotchkes anymore. Technological advancement paired with decreasing costs to build and/or purchase 3D printers create the perfect storm for the next industrial revolution…more

3D Printing, Copyright, Intellectual Property Protection, IP License, Patents

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Governor Kasich Signs Bill Prohibiting Ohio Employers From Banning Employees From Bringing Firearms On Company Property

On Monday, December 19, 2016, Governor John Kasich signed Ohio Senate Bill 199 into law, which allows concealed carry permit holders to store their firearms in their vehicles while parked in their employers’ parking lots while…more

Concealed Carry Permit, Employment Policies, Governor Kasich, Private Property

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Cat Breeders, Fancy Feast, and Gravity: Seventh Circuit Vacates Certification of Classes of Dissatisfied Buyers

On March 6, 2017, the Seventh Circuit Court of Appeals vacated a district court’s certification of eight separate classes against Allergan and other defendants under an Illinois and Missouri statute. Eike v. Allergan, Inc., No…more

Allergan Inc, Class Certification, Corporate Counsel, Remand, Standing

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OIG Releases 2014 Work Plan

The OIG recently made available its 2014 Work Plan. The Plan identifies OIG focus areas and priority projects for the coming year. This post provides a brief summary of many of the new OIG projects for fiscal year 2014 to assist…more

Fraud and Abuse, Healthcare, Healthcare Fraud, Medicare, OIG

See All Updates »

Landmarks - Winter 2015

In This Issue: - Crowdfunding — What It Is, What to Watch - Spotlight on Insurance: Know the Risks Involved with the Protective Safeguards Endorsement - Reinvestment In Leased Retail Space — Top 10 Legal…more

Commercial Insurance Policies, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Crowdfunding

See All Updates »

FMCSA Releases Drug and Alcohol Clearinghouse Rule

On December 2, 2016, the Federal Motor Carrier Safety Administration (“FMCSA”) released a final rule creating the Commercial Driver’s License Drug and Alcohol Clearinghouse (the “Clearinghouse”). The rule is designed to…more

Commercial Driving Licenses, Driver's Licenses, Drug and Alcohol Clearinghouse, Final Rules, FMCSA

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Supreme Court Overturns Apple’s $399 Million Design Patent Damage Award

For the first time in a century, the United States Supreme Court took up a design patent case. The question before the Court was are all of Samsung’s infringing smartphone profits a proper basis for damages or just some portion?…more

Apple v Samsung, Calculation of Damages, Design Patent, Patent Infringement, Reversal

See All Updates »

InterConnect - Fall 2016

In May 2016, the Department of Labor released its long-awaited Final Rule on changes to the Fair Labor Standards Act (FLSA). The Final Rule—which will take effect in three months—will impact transportation employers nationwide,…more

Common Carriers, Federal Maritime Commission, FLSA, NPRM, Preemption

See All Updates »

Supreme Court Overturns Apple’s $399 Million Design Patent Damage Award

For the first time in a century, the United States Supreme Court took up a design patent case. The question before the Court was are all of Samsung’s infringing smartphone profits a proper basis for damages or just some portion?…more

Apple v Samsung, Calculation of Damages, Design Patent, Patent Infringement, Reversal

See All Updates »

Stark Law - Is Relief in Sight?

On July 15, 2015, the Centers for Medicare and Medicaid Services (“CMS”) published proposed revisions to the regulations implementing the physician self-referral law, or Stark Law. If enacted, these revisions could allow…more

Affordable Care Act, CMS, DHS, Health Care Providers, Healthcare Reform

See All Updates »

SEC Proposes Rules for Disclosure of Hedging by Employees, Officers, and Directors

Boards of Directors of companies subject to the federal proxy rules should take note of proposed rules released by the Securities and Exchange Commission (SEC) on February 9, 2015 that would enhance corporate disclosure of…more

Dodd-Frank, Hedging, Proposed Regulation, Proxy Statements, Public Disclosure

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To Delay or Not to Delay (the Fiduciary Duty Rule), That is the Question

This morning, the Office of Management and Budget (OMB) concluded its review of a proposed regulation entitled “Delay of Applicability Date” that would effectively delay the implementation of the Fiduciary Duty Rule (Rule)…more

Comment Period, DOL, Fiduciary Duty, OMB, Presidential Memorandum

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Perspectives - August/September 2016

We’ve all heard about India’s rape crisis, but not everyone knows that it’s the result of the larger problem of gender inequality. According to UNICEF, India is the worst place to be born a girl. The birth of a baby girl is…more

501(c)(4), Appraisal, Business Formation, Charitable Donations, IRS

See All Updates »

Perspectives - October/November 2016

By President Obama’s September 7, 2016 Executive Order, federal contractors and subcontractors will now be required to provide paid sick leave to their employees beginning on January 1, 2017. The Department of Labor (DOL)…more

Crime Victims, DOL, FASB, Federal Contractors, Health Insurance

See All Updates »

Perspectives - July 2015

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall…more

At-Will Employment, DOL, Employee Definition, Employer Liability Issues, Hiring & Firing

See All Updates »

EU Data Protection Law Subjects U.S.-Based Companies to Potentially Substantial Penalties

On May 25, 2018 the European Union’s General Data Protection Regulation and Regulation on Privacy and Electronic Communications (the “ePR”) will go into full force and effect. That gives companies that do business in the EU, or…more

Electronic Communications, ePR, EU, General Data Protection Regulation (GDPR), International Data Transfers

See All Updates »

Perspectives - March/April - 2016

The American Logistics Aid Network (ALAN) was founded by several professional and trade associations that came together after Hurricane Katrina to help provide humanitarian relief. Today, ALAN comprises hundreds of supply chain…more

501(c)(4), Charitable Donations, Child Abuse, E-Filing, Form 1023 EZ

See All Updates »

Understanding Key Terms for 3PLs in Information Technology Agreements

TECHNOLOGY increasingly forms an essential component of every sophisticated warehousing and logistics operation. The prudent development and use of such technology (including, but not limited to, warehouse management software,…more

Computer-System Design/Software Services, Manufacturers, Service Contracts, Software, Technology

See All Updates »

InterConnect - Winter 2017

As any mergers and acquisitions (M&A) practitioner knows, one of the keys to a successful transaction is ensuring that all of the moving pieces come together smoothly at the appointed time for closing. Regulatory issues…more

Acquisitions, Administrative Appointments, Contract Interpretation, FMCSA, Mergers

See All Updates »

Perspectives - September/October 2015

In a decision in which no opinion commanded a majority, the Ohio Supreme Court sided with a private entity — a charter school operator — in a dispute over the ownership of personal property purchased by the operator with funds…more

Affordable Care Act, Board of Directors, Browning-Ferris Industries of California Inc., Charter Schools, Commercial Bankruptcy

See All Updates »

Perspectives - July 2015

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall…more

At-Will Employment, DOL, Employee Definition, Employer Liability Issues, Hiring & Firing

See All Updates »

The Ohio Department of Commerce Proposes “Factsheet” in Advance of Publishing Draft Cultivator Rules

On November 1, 2016, the Ohio Department of Commerce released its “Cultivator Rules” factsheet, which outlines the key elements of its initial draft rules for cultivation licenses under the Ohio Medical Marijuana Control…more

Comment Period, Licensing Rules, Marijuana, Marijuana Cultivation, Medical Marijuana

See All Updates »

Chi-Town Pizza Avoids Class Certification in TCPA Suit

The Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), prohibits the transmission of “an unsolicited fax advertisement.” Rosen Family Chiropractic (“Rosen”) filed suit against Chi-Town Pizza on Div. St. (“Chi-Town…more

Advertising, Ascertainable Class, Chiropractors, Class Action, Class Certification

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On Second Thought, DOL Proposes 60-Day Delay to Fiduciary Rule Applicability Date

On March 1, 2017, the Department of Labor’s (DOL) issued a proposed rule to extend the Fiduciary Rule applicability date by 60 days. The current applicability dates for the Fiduciary Duty Rule and prohibited transaction…more

Comment Period, DOL, Effective Date, Fiduciary Rule, Proposed Regulation

See All Updates »

From the Benesch Transportation Archives: To Delivery....And Beyond!: The Boundaries of Carrier Liability for Unloading (A Clear Answer to Muddled Facts)

Introduction: Carmack Boundaries and the Blurring of Unloading Functions - Under the Carmack Amendment, a carrier is liable for the actual loss of goods which “arrive” damaged 49 U.S.C. §4706(a)(1). But when does that…more

Commercial Truck Drivers, Damages, Delivery Drivers, Duty of Care, Freight Forwarding

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Contact

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Cleveland, OH 44114-2309, United States

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Areas of Practice
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Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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