Benesch

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 »

Thinking in 3D: Special Report: 2016 Consumer Electronics Show (“CES”)

Benesch’s Mark Avsec attended this year’s CES show in Las Vegas, where additive manufacturing took center stage. In 2015, 3D printing stories each seemed to possess a similar headline: “Here is the first 3D-printed…more

3D Printing, Additive Manufacturing, Hewlett-Packard, Intellectual Property Protection, Licensing Rights

See All Updates »

FCC Releases Guidance on Autodialing and Pre-Recorded Voice Calls to Wireless Phone Numbers

This past July, the Federal Communications Commission (“FCC”) released a ruling (the “Ruling”) interpreting the Telephone Consumer Protection Act (“TPCA”) restrictions on certain communications to wireless telephone numbers. The…more

Auto-Dialed Calls, FCC, Health Care Providers, Mobile Devices, Prior Express Consent

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 »

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 »

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 »

InterConnect - Winter 2015/2016

Out Like A Lion? The waning weeks of calendar year 2015 witnessed a remarkable convergence of regulatory and legislative activity affecting the transportation industry. For instance, the Federal Motor Carrier Safety…more

Chapter 15, Commercial Truck Drivers, FDA, Fixing America’s Surface Transportation Act (FAST Act), FMCSA

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 »

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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InterConnect - Winter 2015/2016

Out Like A Lion? The waning weeks of calendar year 2015 witnessed a remarkable convergence of regulatory and legislative activity affecting the transportation industry. For instance, the Federal Motor Carrier Safety…more

Chapter 15, Commercial Truck Drivers, FDA, Fixing America’s Surface Transportation Act (FAST Act), FMCSA

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 »

Phase-Out of School District and Local Government Property Tax Replacement Payments Proposed

In February 2015, the Ohio General Assembly introduced House Bill 64 (“H.B. 64”), which is the biennial operating budget bill for the biennium beginning July 1, 2015. H.B. 64 contains language that would restart the phase-out…more

Business Taxes, General Assembly, Local Taxes, Personal Property Tax, Property Tax

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 »

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 »

Negotiators Reach Agreement on Replacement EU-U.S. Safe Harbor

After nearly four months of diplomatic discussions, negotiators reached agreement on February 2, on how the U.S. and the European Union share data across the Atlantic. The new agreement, called the EU-U.S. Privacy Shield,…more

EU-US Privacy Shield, International Data Transfers, Schrems v Data Protection Commissioner, US-EU Safe Harbor Framework

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

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 »

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 »

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

See All Updates »

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

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

See All Updates »

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 »

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

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 »

The InterConnect FLASH! NO. 52 - Transportation Industry Independant Contractor Program Assessment

Worker classification and regulatory compliance issues have resulted in numerous, costly judgments and settlements in the transportation industry. With the year drawing to a close, and no end in sight as to the pressures on the…more

Audits, Drivers, Equipment Lease, Independent Contractors, Misclassification

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 »

TruGreen, Inc. Escapes TCPA Class Action, Compels Arbitration of Individual Claim

In Stevens-Bratton v. TruGreen, Inc., No. 15-cv-2472, 2016 U.S. Dist. LEXIS 3365 (W.D. Tenn. Jan. 12, 2016), the District Court for the Western District of Tennessee denied class certification of a putative class action against…more

Arbitration, Class Action Arbitration Waivers, Mobile Devices, Putative Class Actions, TCPA

See All Updates »

InterConnect - Winter 2015/2016

Out Like A Lion? The waning weeks of calendar year 2015 witnessed a remarkable convergence of regulatory and legislative activity affecting the transportation industry. For instance, the Federal Motor Carrier Safety…more

Chapter 15, Commercial Truck Drivers, FDA, Fixing America’s Surface Transportation Act (FAST Act), FMCSA

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, Taco Bell, TCPA, Text Messages

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

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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

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 »

CareFirst, Third Major Health Insurer This Year To Be Hit By Cyberattack

On May 20, 2015, CareFirst BlueCross BlueShield (“CareFirst”) announced that it was the latest victim of a major cyberattack, with as many as 1.1 million plan customers affected. Current and former CareFirst members and…more

Blue Cross, Blue Shield, CareFirst, Credit Monitoring, Cyber Attacks

See All Updates »

Negotiators Reach Agreement on Replacement EU-U.S. Safe Harbor

After nearly four months of diplomatic discussions, negotiators reached agreement on February 2, on how the U.S. and the European Union share data across the Atlantic. The new agreement, called the EU-U.S. Privacy Shield,…more

EU-US Privacy Shield, International Data Transfers, Schrems v Data Protection Commissioner, US-EU Safe Harbor Framework

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 »

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

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 »

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

See All Updates »

RACs recover $2.39 billion in overpayments in FY 2014

Last week, CMS released its report to Congress regarding the results of the FY 2014 Medicare Recovery Audit Program (the “Report”). Of note, the Report notes that RACs identified and corrected more than 1 million claims for…more

CMS, Healthcare, Hospitals, Medicare, RAC Audits

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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

See All Updates »

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 - Winter 2015/2016

Out Like A Lion? The waning weeks of calendar year 2015 witnessed a remarkable convergence of regulatory and legislative activity affecting the transportation industry. For instance, the Federal Motor Carrier Safety…more

Chapter 15, Commercial Truck Drivers, FDA, Fixing America’s Surface Transportation Act (FAST Act), FMCSA

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

See All Updates »

The InterConnect FLASH! NO. 52 - Transportation Industry Independant Contractor Program Assessment

Worker classification and regulatory compliance issues have resulted in numerous, costly judgments and settlements in the transportation industry. With the year drawing to a close, and no end in sight as to the pressures on the…more

Audits, Drivers, Equipment Lease, Independent Contractors, Misclassification

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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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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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 »

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

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 »

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

See All Updates »

InterConnect - Winter 2015/2016

Out Like A Lion? The waning weeks of calendar year 2015 witnessed a remarkable convergence of regulatory and legislative activity affecting the transportation industry. For instance, the Federal Motor Carrier Safety…more

Chapter 15, Commercial Truck Drivers, FDA, Fixing America’s Surface Transportation Act (FAST Act), FMCSA

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

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 »

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 - 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 »

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

See All Updates »

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 »

@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

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 »

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 »

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 - 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 »

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 »

Shipper Liability (If Any) to Carriers’ Drivers for Allegedly Improperly Loaded Freight

In most of the situations of injury and damage that are a result of allegedly improperly loaded freight, the damage is to third parties, who fall victim to freight careening from trucks on public highways, or falling off, or out…more

Commercial Truck Drivers, Motor Carrier Act, Motor Carriers, Negligence, Trucking Industry

See All Updates »

Contact

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

  • 216.363.4500
  • 216.363.4588

Areas of Practice
  • Bankruptcy
  • Class Action
  • Construction Law
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Locations
Other U.S. Locations
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Other Countries
  • China
Number of Attorneys

100+ Attorneys

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