Benesch

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

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Thinking in 3D: Expiring Patents

Among the next generation of 3D printing patents that will soon expire are key patents for metal-based printing processes. The patents’ expiration will almost certainly result in significant price reductions for 3D printers in…more

3D Printing, Additive Manufacturing, Patent Expiration, Patents, Product Pricing

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CMS 2016 Nursing Home Action Plan Overview

On May 17, the Centers for Medicare & Medicaid Services (CMS) released its new Action Plan for Further Improvement of Nursing Home Quality (Action Plan). The Action Plan is CMS’ strategic plan for nursing homes that is published…more

CMS, Health Care Providers, Nursing Homes, Quality of Care Standards

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IRS Releases Guidance on Current Refunding of Recovery Zone Facility Bond Issues

On January 13, 2014, the IRS released Notice 2014-9 which contains guidance on the refunding of Recovery Zone Facility Bonds (“RZFBs”) with another issue of RZFBs if certain conditions are met…more

American Recovery and Reinvestment Act, Bonds, IRS, Refunds

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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

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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

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IRS Releases Guidance on Current Refunding of Recovery Zone Facility Bond Issues

On January 13, 2014, the IRS released Notice 2014-9 which contains guidance on the refunding of Recovery Zone Facility Bonds (“RZFBs”) with another issue of RZFBs if certain conditions are met…more

American Recovery and Reinvestment Act, Bonds, IRS, Refunds

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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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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

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Protecting Trade Secrets: A New Arrow in the Quiver

A new weapon in the effort to protect trade secret information came into existence on May 11, 2016 as President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”). DTSA creates a new federal cause of action for trade…more

Asset Seizure, Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Ex Parte, Intellectual Property Protection

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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 »

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 »

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)

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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 »

Benesch @ Work - September 2015

In Browning-Ferris, Businesses Lose as the Board Crafts a Solution in Search of a Problem. Marking a sea change in labor law and a departure from decades of settled precedent, the National Labor Relations Board formulated a…more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Independent Contractors, Joint Employers, Misclassification

See All Updates »

Perspectives - January 2014

In This Issue: - Considerations in the Cloud: Managing the Risks - United States V. Sperry: A Revived Threat to Owners, Directors, Managers and Directors of Distressed Organizations - Board Membership &…more

Board of Directors, Corporate Governance, Directors, Employer Liability Issues, Exempt Organizations

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 »

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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Perspectives: Trends and Topics in Not-For-Profit Management - May 2015

In this Issue: - Not-for-Profit Spotlight - IP and IT Procurement for Not-for-Profit Organizations - Starting Off Right: Recruiting, Training and Retaining Fundraising Staff - Guidance Released for…more

Board of Directors, Chief Compliance Officers, Corporate Governance, Fundraisers, Google

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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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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

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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

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

See All Updates »

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

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In Case of Emergency: Handling HazMat Violations

An unexpected fine for a hazardous materials violation can jolt a company. Even companies with robust systems for managing hazardous materials compliance can be surprised with a penalty due to the actions of a single employee…more

Compliance, Employer Liability Issues, Federal Aviation Act, Fines, Government Investigations

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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 »

IRS Releases Guidance on Current Refunding of Recovery Zone Facility Bond Issues

On January 13, 2014, the IRS released Notice 2014-9 which contains guidance on the refunding of Recovery Zone Facility Bonds (“RZFBs”) with another issue of RZFBs if certain conditions are met…more

American Recovery and Reinvestment Act, Bonds, IRS, Refunds

See All Updates »

Ohio Supreme Court Rules On Applicability of Dual Intent Doctrine When Determining Eligibility For Workers’ Compensation Benefits

On October 21, 2014, the Supreme Court of Ohio in Friebel v. Visiting Nurse Assn. of Mid-Ohio addressed whether the doctrine of dual intent or dual purpose is applicable when determining eligibility for workers’ compensation…more

Employee Benefits, Workplace Injury

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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 »

@Work: Your HR and Employment Law Update - December 2015

With 2015 almost wrapped up, it is a good time to highlight the cases and administrative guidance that packed the biggest punch in the workplace over the last year. Some of this year’s biggest decisions carried a common theme:…more

Arbitration Agreements, Confidentiality Agreements, Disability Discrimination, Joint Employers, Misclassification

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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. 55 - Disruptors Continue to Create Challenges for the Independent Contractor Business Model

Disruptors Continue to Create Challenges for the Independent Contractor Business Model - Our increasingly on-demand, technology-driven economy has been a petri dish for disruptive business models that are responsible for…more

Class Action, Delivery Drivers, FLSA, Independent Contractors, Lyft

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 »

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

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Perspectives - June 2016

In April 2016, the Department of Labor (DOL) released the final version of the fiduciary rule. The final rule was six years in the making and impacts retirement plans, including 401(k) plans, and the employer who offer 401(k)…more

401k, Best Interest Standard, Conflicts of Interest, DOL, ERISA

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

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Charter Defeats TCPA Class Action Based Upon Safe Harbor Provision

In Simmons v. Charter Communs., Inc., No. 15-cv-317, 2016 U.S. Dist. LEXIS 42091 (D. Conn. March 30, 2016), the District of Connecticut granted summary judgment in favor of Charter Communications in a putative class action…more

Commercially Reasonable Efforts, Corporate Counsel, Do Not Call List, Policies and Procedures, Putative Class Actions

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@Work: Your HR and Employment Law Update - June 2016

With the Ohio Senate’s passage of House Bill 523 on May 25, 2016, Ohio is poised to become the nation’s 25th state to legalize medicinal marijuana. Although the proposed state law provides direction for employers, a new OSHA…more

Department of Transportation (DOT), Drug Testing, Hiring & Firing, Just Cause, Medical Marijuana

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Ninth Circuit Court of Appeals TCPA Ruling: Thomas v. Taco Bell Corporation

In Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. June 6, 2014), the Ninth Circuit Court of Appeals affirmed summary judgment in favor of Defendant Taco Bell Corporation, holding that Taco Bell could not be held liable as a…more

Advertising, Corporate Counsel, Taco Bell, TCPA, Text Messages

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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

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OIG Proposes New Revisions to Civil Monetary Penalty Regulations

On May 12th, the Office of the Inspector General of the Department of Health and Human Services (OIG) issued a proposed rule which would amend the federal civil monetary penalty (CMP) regulations addressing new CMP authorities…more

Affordable Care Act, Civil Monetary Penalty, Healthcare, OIG

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Analysis of Ohioans for Medical Marijuana’s Proposed Ballot Initiative

Late last week the Ohio ballot board certified a constitutional amendment (the “Amendment”), proposed by Ohioans for Medical Marijuana (“OMM”), to create a comprehensive regulatory program for the provision and sale of medical…more

Ballot Measures, Capital Requirements, Caregivers, Constitutional Amendment, General Elections

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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

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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

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Analysis of Ohioans for Medical Marijuana’s Proposed Ballot Initiative

Late last week the Ohio ballot board certified a constitutional amendment (the “Amendment”), proposed by Ohioans for Medical Marijuana (“OMM”), to create a comprehensive regulatory program for the provision and sale of medical…more

Ballot Measures, Capital Requirements, Caregivers, Constitutional Amendment, General Elections

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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 »

Perspectives - June 2016

In April 2016, the Department of Labor (DOL) released the final version of the fiduciary rule. The final rule was six years in the making and impacts retirement plans, including 401(k) plans, and the employer who offer 401(k)…more

401k, Best Interest Standard, Conflicts of Interest, DOL, ERISA

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Lateral Integration for Longevity

In law firms, lateral integration is a marriage of many resources. I am sure many remember the famous quote “it takes a village.” In the case of lateral integration, this quote is spot on for law firms in a competitive market…more

Law Practice Management, Professional Development, Young Lawyers

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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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Ohio Senators Host Town Hall Meetings Regarding Medical Cannabis

Political discussions regarding the medical use of cannabis are ramping up in Ohio. On January 30, just two days after the first meeting of the Ohio House’s Medical Marijuana Task Force (the MMTF) in Columbus, Ohio, State…more

Ballot Measures, Marijuana Related Businesses, Medical Marijuana, Public Meetings, Task Force

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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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From the Benesch Transportation Archives: Rotterdam Rules—The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea

The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, otherwise known as the “Rotterdam Rules,” was adopted by the United Nations General Assembly on December 11, 2008. The stated purpose…more

United Nations

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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 »

I-9 COMPLIANCE - A Fixed Fee Program

Investigations and audits of Form I-9 documents by U.S. Immigration and Customs Enforcement (ICE) agents are steeply on the rise, and the Obama administration is promising to keep the heat on employers in the coming…more

Audits, Employer Liability Issues, Employment Authorization Documents (EAD), Government Investigations, Hiring & Firing

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InterConnect FLASH! No. 55 - Disruptors Continue to Create Challenges for the Independent Contractor Business Model

Disruptors Continue to Create Challenges for the Independent Contractor Business Model - Our increasingly on-demand, technology-driven economy has been a petri dish for disruptive business models that are responsible for…more

Class Action, Delivery Drivers, FLSA, Independent Contractors, Lyft

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

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Delaware Proposing New Rapid Arbitration Act

The Delaware General Assembly proposed legislation to provide business entities with the ability to resolve business disputes in a quick and efficient manner through voluntary arbitration: the Delaware Rapid Arbitration Act…more

Arbitration, Business Disputes, Proposed Legislation

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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 »

InterConnect FLASH! No. 40 - Supreme Court Declines Swift Review - But It Is Not The End Of The Story

The U.S. Supreme Court recently declined to review the Swift worker misclassification case, which has been working its way through the courts for several years. That decision has brought up a lot of questions on the viability…more

Arbitration, Arbitration Agreements, Classification, Federal Arbitration Act, Misclassification

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Perspectives - January 2014

In This Issue: - Considerations in the Cloud: Managing the Risks - United States V. Sperry: A Revived Threat to Owners, Directors, Managers and Directors of Distressed Organizations - Board Membership &…more

Board of Directors, Corporate Governance, Directors, Employer Liability Issues, Exempt Organizations

See All Updates »

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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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

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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 »

District Court Denies Class Certification and Grants Partial Summary Judgment in Favor of DISH Network L.L.C. in Telemarketing Suit

CLEVELAND, OH – February 25, 2014 –Benesch achieved a significant victory for DISH Network L.L.C. when the Federal District Court in Denver, Colorado issued an order and an opinion denying the Plaintiff’s Motion for Class…more

Dish Network, Summary Judgment, TCPA, Telemarketing

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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 »

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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Perspectives - January 2014

In This Issue: - Considerations in the Cloud: Managing the Risks - United States V. Sperry: A Revived Threat to Owners, Directors, Managers and Directors of Distressed Organizations - Board Membership &…more

Board of Directors, Corporate Governance, Directors, Employer Liability Issues, Exempt Organizations

See All Updates »

Benesch @ Work - September 2015

In Browning-Ferris, Businesses Lose as the Board Crafts a Solution in Search of a Problem. Marking a sea change in labor law and a departure from decades of settled precedent, the National Labor Relations Board formulated a…more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Independent Contractors, Joint Employers, Misclassification

See All Updates »

Perspectives - June 2016

In April 2016, the Department of Labor (DOL) released the final version of the fiduciary rule. The final rule was six years in the making and impacts retirement plans, including 401(k) plans, and the employer who offer 401(k)…more

401k, Best Interest Standard, Conflicts of Interest, DOL, ERISA

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

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European Union Agrees on Data Protection Reform

Christmas came early for the European Commission, as a multi-year effort to reform the continent’s aging data protection framework was finally agreed upon with the European Parliament and Council, which will significantly change…more

EU, EU Data Protection Laws, European Commission, General Data Protection Regulation (GDPR), International Data Transfers

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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 »

Senators Introduce the CREATES Act

In furtherance of the government’s efforts to bring down healthcare costs, Senators Patrick Leahy (D-VT.), Chuck Grassley (R-IA), Amy Klobuchar (D-MN), and Mike Lee (R-UT) have introduced the Creating and Restoring Equal Access…more

Drug Pricing, Drug Safety, FDA Approval, Generic Drugs, Manufacturers

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EEOC Offers Guidance On Employee Wellness Program Notices Required Under New Rules

On the heels of at least two discrimination lawsuits over employer wellness programs, the Equal Employment Opportunity Commission (EEOC) issued two new rules on May 17, 2016 under the Americans with Disabilities Act (ADA) and…more

ADA, Affordable Care Act, EEOC, Employer Group Health Plans, Final Rules

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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

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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 »

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

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Perspectives - December 2015

Governor Signs New Law to Allow Asthma Inhalers in School and Camps. Asthma is a chronic lung disease that inflames and narrows the airways. It causes recurring periods of wheezing, chest tightness, shortness of breath and…more

ADA, Employer Liability Issues, HIPAA, IRS, Non-Profits

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 »

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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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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