Benesch

200 Public Square Suite 2300
Cleveland, OH 44114-2309, United States

  • 216.363.4500
  • 216.363.4588

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 »

3D Printing: Is Your Business Ready for the Next Industrial Revolution?

Disruption displaces old business models but creates opportunities, if one has the vision. For example, it is no secret that the music industry has suffered rampant intellectual property abuse…more

3-D Printing Technology, Innovation, Manufacturers, Popular, Risk Assessment

See All Updates »

OIG Announces Proposed AKS and CMP Regulations

On October 3, 2014, the Office of the Inspector General (“OIG”) issued a proposed rule codifying into regulation several statutory changes to the Antikickback Statute (“AKS”) and the Civil Monetary Penalty (“CMP”) Law. Nearly…more

Affordable Care Act, Ambulance Providers, Anti-Kickback Statute, CMP Law, Gainsharing

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 »

A Warning to Public Company Insiders and Companies: Get All Beneficial Ownership Reports Filed on Time

In September 2014, the Securities and Exchange Commission (“SEC”) announced charges against 28 officers, directors and significant stockholders of public companies for violating federal securities laws which require such holders…more

Beneficial Owner, Compliance, Corporate Governance, Enforcement, Enforcement Actions

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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

See All Updates »

From the Transportation Archives: The Perfect Storm: The Parameters of a Successful “Act Of God” Defense in Freight Claims

Federal and state law have long established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight damage, loss, or delay in question. This “Act of God” defense is available to…more

Act of God, Common Carriers, Coverage Defense, Loss Coverage, Shipping

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Employers Should Not Just Be Bold, But Smart, When Dealing With Ebola

Tensions are high concerning the potential spread of the Ebola virus disease in the U.S., fueled by the confirmation of new infections, around-the-clock news reports on potential calamities and our natural, and seemingly…more

Ebola, Employer Liability Issues

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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 »

The Economic Development Toolbox: “The Clean-Up Hitters” – Enterprise Zone and Community Reinvestment Area Property Tax Exemptions

Capital investment projects often involve tight margins, and every single dollar counts to ensure that the project is a success. For that reason, property tax exemptions are key components of any economic development project…more

Community Development Entities, Community Reinvestment Act, Economic Development, Enterprise Zones, Tax Exemptions

See All Updates »

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 »

Withdrawal Liability - A Concealed but Potentially Devastating Assessment

During the past several years a hidden liability has been lurking in the shadows. This hidden threat is known as withdrawal liability and is a critical issue that any employer with a unionized workforce needs to be cognizant of…more

Best Management Practices, Closely Held Businesses, Corporate Veil, Employer Liability Issues, Joint and Several Liability

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 »

Ohio: Sex Offender Screening Now Required for Long Term Care Facilities

The required date for screening for sex offenders in Ohio nursing homes, licensed residential care facilities and county homes (“Homes”) has now arrived. As of September 15, 2014, these Homes are required to screen for sex…more

Healthcare, Long Term Care Facilities, Screening Procedures, Sex Offender Registry, Sex Offenders

See All Updates »

Perspectives - June 2014

In This Issue: - Staying in Compliance While Giving or Receiving Electronic Health Record Systems - When Donations Cross the Line - House Bill 296 Signed into Law to Increase Access to Epinephrine Autoinjectors in…more

Charitable Donations, Compliance, Copyright, Data Protection, EHR

See All Updates »

Certification of Cat Litter Class Action Denied For Lack of Sales Records and Uniform Exposure

Denying class certification in a kitty litter class action, the Northern District of California take a substantive step forward in aligning the District with the current trend of heightening the bar for ascertaining putative…more

Advertising, Advertising Injury, Ascertainable Class, Class Action, Class Certification

See All Updates »

Certification of Cat Litter Class Action Denied For Lack of Sales Records and Uniform Exposure

Denying class certification in a kitty litter class action, the Northern District of California take a substantive step forward in aligning the District with the current trend of heightening the bar for ascertaining putative…more

Advertising, Advertising Injury, Ascertainable Class, Class Action, Class Certification

See All Updates »

Certification of Cat Litter Class Action Denied For Lack of Sales Records and Uniform Exposure

Denying class certification in a kitty litter class action, the Northern District of California take a substantive step forward in aligning the District with the current trend of heightening the bar for ascertaining putative…more

Advertising, Advertising Injury, Ascertainable Class, 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

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 »

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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California Court Puts the Deep Freeze on Ben & Jerry’s Ice Cream Class Action

A putative class of plaintiffs filed suit against ice cream maker Ben & Jerry’s, alleging that labeling several of its frozen confections “all natural” when they contained alkalized cocoa made with artificial alkali constituted…more

Ben & Jerry's, Class Action, Class Certification, Comcast v. Behrend, Food Labeling

See All Updates »

What Employers Need to Know about President Obama’s New Immigration Executive Order

President Barack Obama’s new immigration policy contains a number of measures designed to make it easier for U.S. businesses to hire and retain highly skilled foreign-born workers while also permitting those workers to advance…more

Barack Obama, DACA, DAPA, Deportation, DHS

See All Updates »

Perspectives - April, 2014

In This Issue: - Making Our Downtown Better Every Day - It's Good To "B" In Deleware - The Wonderful World of Limited Liability Companies - Ohio Bill to Allow Schools and Camps to Procure Epinephrine…more

Choice of Entity, Electioneering, LLC, Tax Credits

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 »

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 »

Perspectives - November 2013

In Revenue Ruling 2013–17, the Internal Revenue Service (IRS) announced that the terms “husband and wife,” “husband” and “wife” in the Internal Revenue Code are to be interpreted to include an individual married to a person of…more

Charitable Donations, Corporate Taxes, DOMA, Employer Group Health Plans, Non-Profits

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 »

FCC Is “allergic to brevity and clarity” With Respect To The TCPA, District Court Concludes

Amanda Balschmiter’s boyfriend, Victor Loshek, purchased a car with a loan that was serviced by TD Auto Finance LLC (“TDAF”), and subsequently defaulted on the loan. Balschmiter, on Loshek’s behalf, began making calls on her…more

Cell Phones, Debt Collection, FCC, Putative Class Actions, Robocalling

See All Updates »

InterConnect - Counsel for the Road Ahead®

In this Issue: - Get Organized! With NLRB’s “Ambush Election Rules” Looming, Employers Must Be Proactive in Their Union-Free Message - What’s Cooking?: The FDA’s Proposed Regulations on Sanitary Food…more

EEOC, FDA, Food Safety, Hiring & Firing, Job Applicants

See All Updates »

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, Liability, Taco Bell, TCPA

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 »

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

See All Updates »

Perspectives - Trends and topics in not-for-profit management - September 2014

In this Issue: - Not-for-Profit Volunteers: HIPAA Compliance & Training - Not-for-Profit Spotlight: Project Sunshine - 10 Ways to Lose Your Not-for-Profit Status - Economic Development Organizations…more

Compliance, Cybersecurity, Data Protection, HIPAA, Non-Profits

See All Updates »

Perspectives - Trends and topics in not-for-profit management - September 2014

In this Issue: - Not-for-Profit Volunteers: HIPAA Compliance & Training - Not-for-Profit Spotlight: Project Sunshine - 10 Ways to Lose Your Not-for-Profit Status - Economic Development Organizations…more

Compliance, Cybersecurity, Data Protection, HIPAA, Non-Profits

See All Updates »

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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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 »

New Hospice Cost Report Released: Effective for Cost-Reporting Periods Beginning Next Week

On August 29, 2014, the Centers for Medicare and Medicaid Services (“CMS”) released the final version of the new Medicare cost report, Form CMS 1984-14, applicable to freestanding hospice providers. Freestanding hospice…more

CMS, Financial Reporting, Hospice, Medicare, Reporting Requirements

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Certification of Cat Litter Class Action Denied For Lack of Sales Records and Uniform Exposure

Denying class certification in a kitty litter class action, the Northern District of California take a substantive step forward in aligning the District with the current trend of heightening the bar for ascertaining putative…more

Advertising, Advertising Injury, Ascertainable Class, Class Action, Class Certification

See All Updates »

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

See All Updates »

InterConnect - Counsel for the Road Ahead®

In this Issue: - Get Organized! With NLRB’s “Ambush Election Rules” Looming, Employers Must Be Proactive in Their Union-Free Message - What’s Cooking?: The FDA’s Proposed Regulations on Sanitary Food…more

EEOC, FDA, Food Safety, Hiring & Firing, Job Applicants

See All Updates »

What Employers Need to Know about President Obama’s New Immigration Executive Order

President Barack Obama’s new immigration policy contains a number of measures designed to make it easier for U.S. businesses to hire and retain highly skilled foreign-born workers while also permitting those workers to advance…more

Barack Obama, DACA, DAPA, Deportation, DHS

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

See All Updates »

3D Printing: Is Your Business Ready for the Next Industrial Revolution?

Disruption displaces old business models but creates opportunities, if one has the vision. For example, it is no secret that the music industry has suffered rampant intellectual property abuse…more

3-D Printing Technology, Innovation, Manufacturers, Popular, Risk Assessment

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

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 »

Perspectives - June 2014

In This Issue: - Staying in Compliance While Giving or Receiving Electronic Health Record Systems - When Donations Cross the Line - House Bill 296 Signed into Law to Increase Access to Epinephrine Autoinjectors in…more

Charitable Donations, Compliance, Copyright, Data Protection, EHR

See All Updates »

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 »

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

See All Updates »

Perspectives - June 2014

In This Issue: - Staying in Compliance While Giving or Receiving Electronic Health Record Systems - When Donations Cross the Line - House Bill 296 Signed into Law to Increase Access to Epinephrine Autoinjectors in…more

Charitable Donations, Compliance, Copyright, Data Protection, EHR

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 »

Withdrawal Liability - A Concealed but Potentially Devastating Assessment

During the past several years a hidden liability has been lurking in the shadows. This hidden threat is known as withdrawal liability and is a critical issue that any employer with a unionized workforce needs to be cognizant of…more

Best Management Practices, Closely Held Businesses, Corporate Veil, Employer Liability Issues, Joint and Several Liability

See All Updates »

Certification of Cat Litter Class Action Denied For Lack of Sales Records and Uniform Exposure

Denying class certification in a kitty litter class action, the Northern District of California take a substantive step forward in aligning the District with the current trend of heightening the bar for ascertaining putative…more

Advertising, Advertising Injury, Ascertainable Class, 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

See All Updates »

CMS Implements Fingerprinting Background Checks for New DME and Home Health Providers

In a recently released MLN Matters (Number: SE1417), CMS announced that it is implementing the enhanced enrollment screening provisions of the Affordable Care Act (ACA) by requiring finger print based background checks for…more

Affordable Care Act, CMS, Criminal Background Checks, Fingerprints, Home Health Agencies

See All Updates »

InterConnect - Counsel for the Road Ahead®

In this Issue: - Get Organized! With NLRB’s “Ambush Election Rules” Looming, Employers Must Be Proactive in Their Union-Free Message - What’s Cooking?: The FDA’s Proposed Regulations on Sanitary Food…more

EEOC, FDA, Food Safety, Hiring & Firing, Job Applicants

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 »

Ban the Box in Indiana: What Employers Need to Know

Companies are rethinking the single check box on employment applications that inquire about an applicant’s criminal history. Over sixty cities and counties have taken steps toward eliminating job application barriers that have…more

Ban the Box, Criminal Background Checks, Employee Rights, Employer Liability Issues, Employment Application

See All Updates »

Perspectives - April, 2014

In This Issue: - Making Our Downtown Better Every Day - It's Good To "B" In Deleware - The Wonderful World of Limited Liability Companies - Ohio Bill to Allow Schools and Camps to Procure Epinephrine…more

Choice of Entity, Electioneering, LLC, Tax Credits

See All Updates »

Certification of Cat Litter Class Action Denied For Lack of Sales Records and Uniform Exposure

Denying class certification in a kitty litter class action, the Northern District of California take a substantive step forward in aligning the District with the current trend of heightening the bar for ascertaining putative…more

Advertising, Advertising Injury, Ascertainable Class, Class Action, Class Certification

See All Updates »

The (Damaged) Freight Stops Here. (But Now What Do We Do With It?) The Pitfalls Of Salvage And Damage Mitigation

Unfortunately, amongst the millions of freight shipments of all modes that occur on a daily basis, some freight does get damaged. These damages spawn freight claims, and some of them generate litigation. A defense often asserted…more

FDA, Food Safety, Freight Forwarding, Property Damage, Shipping

See All Updates »

Areas of Practice
  • Bankruptcy
  • Class Action
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Transportation
See more
Locations
Other U.S. Locations
  • Delaware
  • Indiana
  • New York
  • Ohio
  • Pennsylvania
Other Countries
  • China
Number of Attorneys

100+ Attorneys

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