Benesch

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200 Public Square
Suite 2300
Cleveland, OH 44114-2309, United States
Phone: 216.363.4500
Fax: 216.363.4588
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

Biometrics: The Wave of the Future Sparks a Current Wave of Class Action Litigation

Brought about by an obscure state law passed nearly a decade ago—the Illinois Biometric Information Protection Act (740 ILCS 14/1)—the next wave of privacy class action litigation is here and in full-swing. While an Illinois…more

Biometric Information, Biometric Information Privacy Act, Class Action, Corporate Counsel, Data Collection

See all updates »

Perspectives - August/September 2016

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

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

See all updates »

3D Printing Quarterly Report - Q3 2017

Twenty-five percent of world trade could be wiped out by 2060 as result of 3D printing technology: ING - According to estimates provided by a report from ING, progress in 3D printing technology will see one-quarter of world…more

3D Printing, Corporate Counsel, Manufacturers, Technology, Young Lawyers

See all updates »

Perspectives - August/September 2016

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

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

See all updates »

Worksite Enforcement Increasing Under Trump Administration

With President Trump’s focus on immigration enforcement, employers are seeing an uptick in the workplace audits being conducted by U.S. Immigration and Customers Enforcement (“ICE”). Employers can avoid big fines by developing a…more

Audits, Employer Liability Issues, Employment Eligibility Verification, I-9, ICE

See all updates »

Perspectives - February 2016

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

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

See all updates »

CSA Study Results Released

On June 27, 2017, the National Academy of Sciences (“NAS”) released its highly anticipated report on the Compliance, Safety, and Accountability (“CSA”) initiative as mandated by Congress in the Fixing America’s Surface…more

Department of Transportation (DOT), Fixing America’s Surface Transportation Act (FAST Act), Motor Carriers, National Academy of Sciences (NAS)

See all updates »

Biometrics: The Wave of the Future Sparks a Current Wave of Class Action Litigation

Brought about by an obscure state law passed nearly a decade ago—the Illinois Biometric Information Protection Act (740 ILCS 14/1)—the next wave of privacy class action litigation is here and in full-swing. While an Illinois…more

Biometric Information, Biometric Information Privacy Act, Class Action, Corporate Counsel, Data Collection

See all updates »

Health Care Market Intelligence Private Equity Summary Report - July 2017

A Look Back at the First Half of 2017... At the midpoint of 2017, deal data suggests deal volume (both PE and M&A) continues to trend downward – a trend that started in 2016 – however, despite this, deal values are…more

Acquisitions, Digital Health, EBITDA, Healthcare, Mergers

See all updates »

As Supreme Court Declines Opportunity to Review Closely Watched Union-Friendly Decision, Micro-Units Remain a Threat to Employers—For Now.

Representing the latest in a series of significant labor law developments in an already busy month of June, the United States Supreme Court declined to review the Fifth Circuit’s controversial, pro-union decision in Macy’s v…more

Corporate Counsel, Petition for Writ of Certiorari

See all updates »

Medical Marijuana User’s Disability Discrimination Claim Survives Employer’s Motion to Dismiss in Massachusetts

In a decision that is the first of its kind, the Supreme Judicial Court of Massachusetts reversed the dismissal of a state law disability discrimination claim arising from an employee’s request for a reasonable accommodation in…more

Disability Discrimination, Drug Testing, Employment Policies, Interactive Process, MA Supreme Judicial Court

See all updates »

NAFTA Watch Newsletter Vol. 8 - NAFTA Renegotiation Part 2: Much Work Remains

This publication is our eighth installment in a series designed to provide our clients in the manufacturing, transportation and logistics, and related industries with monthly updates on any action taken by the Trump…more

Canada, Free Trade Agreements, Mexico, NAFTA, Trade Relations

See all updates »

Health Care Market Intelligence Private Equity Summary Report - July 2017

A Look Back at the First Half of 2017... At the midpoint of 2017, deal data suggests deal volume (both PE and M&A) continues to trend downward – a trend that started in 2016 – however, despite this, deal values are…more

Acquisitions, Digital Health, EBITDA, Healthcare, Mergers

See all updates »

Contraceptive Coverage Mandate Exemptions Expanded Under Interim Final Rules

Last week the Department of Treasury, U.S. Department of Labor, Department of Health and Human Services (Departments) published rules exempting employers from the contraceptive coverage mandate created under the Affordable Care…more

ACLU, Affordable Care Act, Burwell v Hobby Lobby, Contraceptive Coverage Mandate, Contraceptives

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 »

Beyond Care, Custody, and Control: Data Security Best Practices for the Transportation and Logistics Sector

The receipt, storage, and handling of sensitive shipper data occurs, often frequently and in real-time, alongside the flow of goods. Commercial shippers are well aware of the supply chain security risk to the materials and…more

Cybersecurity, Data Protection, Encryption, Incident Response Plans, Popular

See all updates »

Landmarks - Spring 2017

There continues to be very strong demand for high-quality commercial real estate. From 2011–2015, the volume of commercial real estate transactions nationally grew at an annualized rate well in excess of 10%, and projections for…more

Charitable Donations, Commercial Real Estate Market, Economic Development, Real Estate Development, Real Estate Investments

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 »

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

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

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

See all updates »

Biometrics: The Wave of the Future Sparks a Current Wave of Class Action Litigation

Brought about by an obscure state law passed nearly a decade ago—the Illinois Biometric Information Protection Act (740 ILCS 14/1)—the next wave of privacy class action litigation is here and in full-swing. While an Illinois…more

Biometric Information, Biometric Information Privacy Act, Class Action, Corporate Counsel, Data Collection

See all updates »

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

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

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

See all updates »

Health Care Market Intelligence Private Equity Summary Report - July 2017

A Look Back at the First Half of 2017... At the midpoint of 2017, deal data suggests deal volume (both PE and M&A) continues to trend downward – a trend that started in 2016 – however, despite this, deal values are…more

Acquisitions, Digital Health, EBITDA, Healthcare, Mergers

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 »

The ZTE Case: U.S. Sanctions and Export Control Laws

The settlement reached by China’s giant telecommunication company, ZTE Corporation (“ZTE”) with various U.S. government agencies, including U.S. Attorney’s Office, U.S. Department of Justice, U.S. Department of Commerce’s Bureau…more

BIS, EAR, Economic Sanctions, Export Controls, ITAR

See all updates »

Trump Administration Freeze on Regulations

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

Deregulation, DOL, Federal Contractors, FLSA, OSHA

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 »

Federal Judge Strikes Down ‘White Collar’ Overtime Rule

A federal judge in Texas has invalidated a Department of Labor rule that would have made more than 4 million “white collar” workers eligible for overtime pay, holding that the agency overstepped its authority by adopting a…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

See all updates »

InterConnect - Summer 2016

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

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

See all updates »

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

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

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

See all updates »

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

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

Construction Contracts, Design Defects, Notice Provisions

See all updates »

InterConnect - Summer 2014

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

Antitrust Provisions, Brand, Class Action, Compliance, FCRA

See all updates »

The ADA is not an Extended Medical Leave Statute, Says the Seventh Circuit

On September 20, 2017, the Seventh Circuit drew a clear line in what has been an ambiguous area: a “multi-month” leave is not a “reasonable accommodation” under the ADA. In the Seventh Circuit at least, employers are no longer…more

ADA, EEOC, FMLA, Hiring & Firing, Medical Leave

See all updates »

Landmarks - Spring 2017

There continues to be very strong demand for high-quality commercial real estate. From 2011–2015, the volume of commercial real estate transactions nationally grew at an annualized rate well in excess of 10%, and projections for…more

Charitable Donations, Commercial Real Estate Market, Economic Development, Real Estate Development, Real Estate Investments

See all updates »

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

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

ADA, DOJ, Public Accommodation, Retailers, Title III

See all updates »

Sixth Circuit Expands Air Carrier Liability Under the Montreal Convention: How Should Air Carriers Respond?

In Doe v. Etihad Airways, No. 16-1042 (6th Cir. Aug. 30, 2017), the United States Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the international…more

Air Carriers, Appeals, Bodily Injury, Calculation of Damages, Corporate Liability

See all updates »

D.C. Circuit Provides Additional Support For Specialty Healthcare, Union-Friendly Micro-Units

The U.S. Court of Appeals for the D.C. Circuit has sided with the National Labor Relations Board in affirming the union-friendly practice of “micro-unit” organizing. The D.C. Circuit’s opinion issued in Rhino v. NLRB is…more

Appeals, Bargaining Units, Collective Bargaining, Macy's, NLRB

See all updates »

The New ASTM Phase I Standard

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

ASTM, CERCLA, Environmental Policies, EPA

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

2016 Is Ramping Up For Telemedicine Developments

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

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

See all updates »

Landmarks - Winter 2015

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

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

See all updates »

Sixth Circuit is Latest Appellate Court to Find Class Action Waivers Violate NLRA

On Friday, May 26, the Sixth Circuit Court of Appeals became the latest federal appellate court to weigh in on whether or not arbitration agreements that include class action waivers violate federal labor law, specifically, the…more

Arbitration Agreements, Certiorari, Class Action Arbitration Waivers, D.R. Horton v NLRB, Federal Arbitration Act

See all updates »

InterConnect - Winter 2017

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

Acquisitions, Administrative Appointments, Contract Interpretation, FMCSA, Mergers

See all updates »

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

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

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

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Motor Carriers Be Aware: The CVSA’s 30th Annual International Roadcheck is Coming to a Highway Near You on June 6-8, 2017

The Commercial Vehicle Safety Alliance (“CVSA”) has announced that its 30th annual International Roadcheck will occur June 6-8, 2017. This year’s Roadcheck will place a particular emphasis on cargo securement safety…more

Commercial Truck Drivers, Commercial Vehicles, FMCSA, Inspections, Motor Carriers

See all updates »

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

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

Decriminalization of Marijuana, Medical Marijuana, Regulatory Standards

See all updates »

NAFTA Watch Newsletter Vol. 8 - NAFTA Renegotiation Part 2: Much Work Remains

This publication is our eighth installment in a series designed to provide our clients in the manufacturing, transportation and logistics, and related industries with monthly updates on any action taken by the Trump…more

Canada, Free Trade Agreements, Mexico, NAFTA, Trade Relations

See all updates »

Class Action Lawsuit Claims Wines Contain Unsafe Levels of Arsenic

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

Arsenic, Class Action, EPA, Wine & Alcohol

See all updates »

The ZTE Case: U.S. Sanctions and Export Control Laws

The settlement reached by China’s giant telecommunication company, ZTE Corporation (“ZTE”) with various U.S. government agencies, including U.S. Attorney’s Office, U.S. Department of Justice, U.S. Department of Commerce’s Bureau…more

BIS, EAR, Economic Sanctions, Export Controls, ITAR

See all updates »

InterConnect Newsletter - Summer 2017

The removal of CSA scores from public view may not eliminate the ability for an injured party to sue based on the negligent selection of a motor carrier, but it changes the analysis. The FMCSA still allows public access to…more

Data Protection, Freight Forwarding, Independent Contractors, Motor Carriers, Supply Chain

See all updates »

InterConnect - Spring 2017

Many, if not most, agreements between sellers of goods and logistics service providers (LSPs) contain a list of metrics that are used to evaluate various aspects of supply chain or provider performance. In theory, these metrics…more

Cloud Storage, Customs, Data-Sharing, Importers, Software

See all updates »

InterConnect Newsletter - Summer 2017

The removal of CSA scores from public view may not eliminate the ability for an injured party to sue based on the negligent selection of a motor carrier, but it changes the analysis. The FMCSA still allows public access to…more

Data Protection, Freight Forwarding, Independent Contractors, Motor Carriers, Supply Chain

See all updates »

InterConnect FLASH! No. 63 - Employee v. IC: Dual Role of Agent and Small Fleet Owner

The ‘Agent Model’ is commonly used by motor carriers operating with independent contractors (“ICs”) to increase capacity in various markets. The model allows the motor carrier to align certain increased costs; e.g., sales,…more

Agency Relationship, Employer Liability Issues, Independent Contractors, Motor Carriers, Trucking Industry

See all updates »

House Bill 194: Curbing Baseless Patent Infringement Claims

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

Frivolous Lawsuits, Patent Infringement, Patents, Pending Legislation

See all updates »

Brexit's Effect on Intellectual Property Rights

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

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

See all updates »

June Kicks Off with a Flurry of Labor and Employment Law Developments and Activity

DOL Actions Undercut Obama Administration on Joint Employers and Independent Contractors In the past week, the U.S. Department of Labor (“DOL”) under new Labor Secretary Alex Acosta has moved to dismantle a series of the…more

Audio Recording, Corporate Counsel, DOL, Independent Contractors, Joint Employers

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Obama Signs New Federal GMO Labeling Law

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

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

See all updates »

Worksite Enforcement Increasing Under Trump Administration

With President Trump’s focus on immigration enforcement, employers are seeing an uptick in the workplace audits being conducted by U.S. Immigration and Customers Enforcement (“ICE”). Employers can avoid big fines by developing a…more

Audits, Employer Liability Issues, Employment Eligibility Verification, I-9, ICE

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 »

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

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

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

See all updates »

Plaintiffs’ Securities Claims Denied Class Treatment for Failure to Satisfy Predominance Requirement

On May 15, 2017, the United States District Court for the Southern District of New York denied class treatment to a proposed class action alleging violations of Section 10(b) of the Securities Exchange Act of 1934. In its…more

Class Action, Class Certification, Misrepresentation, Predominance Requirement, Securities Litigation

See all updates »

Health Care Market Intelligence Private Equity Summary Report - July 2017

A Look Back at the First Half of 2017... At the midpoint of 2017, deal data suggests deal volume (both PE and M&A) continues to trend downward – a trend that started in 2016 – however, despite this, deal values are…more

Acquisitions, Digital Health, EBITDA, Healthcare, Mergers

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 »

InterConnect FLASH! No. 63 - Employee v. IC: Dual Role of Agent and Small Fleet Owner

The ‘Agent Model’ is commonly used by motor carriers operating with independent contractors (“ICs”) to increase capacity in various markets. The model allows the motor carrier to align certain increased costs; e.g., sales,…more

Agency Relationship, Employer Liability Issues, Independent Contractors, Motor Carriers, Trucking Industry

See all updates »

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

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

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

See all updates »

Supreme Court Changes the Landscape of Patent Litigation

For decades, accused infringers have been hailed into venues across the country where they have little or no presence. The rationale applied for justifying venue in such cases has been that the term “resides” as used in the…more

Domestic Corporations, Foreign Corporations, Forum Shopping, Patent Infringement, Patent Litigation

See all updates »

Supreme Court Changes the Landscape of Patent Litigation

For decades, accused infringers have been hailed into venues across the country where they have little or no presence. The rationale applied for justifying venue in such cases has been that the term “resides” as used in the…more

Domestic Corporations, Foreign Corporations, Forum Shopping, Patent Infringement, Patent Litigation

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 »

The ADA is not an Extended Medical Leave Statute, Says the Seventh Circuit

On September 20, 2017, the Seventh Circuit drew a clear line in what has been an ambiguous area: a “multi-month” leave is not a “reasonable accommodation” under the ADA. In the Seventh Circuit at least, employers are no longer…more

ADA, EEOC, FMLA, Hiring & Firing, Medical Leave

See all updates »

IRS Retirement Plan Guidance Simplifies Pre-Approved Plans and Provides Roadmap for Individually Design Plan Conversion

In Revenue Procedure 2017-41, the IRS makes significant changes to the procedures that it will use in reviewing and approving “pre-approved” retirement plans. The revenue procedure applies to almost all types qualified…more

401k, Benefit Plan Sponsors, Conversion, Defined Contribution Plans, ESOP

See all updates »

Landmarks - Spring 2017

There continues to be very strong demand for high-quality commercial real estate. From 2011–2015, the volume of commercial real estate transactions nationally grew at an annualized rate well in excess of 10%, and projections for…more

Charitable Donations, Commercial Real Estate Market, Economic Development, Real Estate Development, Real Estate Investments

See all updates »

Perspectives - October/November 2016

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

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

See all updates »

Perspectives - July 2015

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

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

See all updates »

Data Breach Exposing 143 Million Americans' Personal Information Hits Equifax

Equifax, the international credit reporting agency, confirmed that a data breach exposed the personal information of approximately 143 million U.S. consumers. The breach occurred from May through July of this year. Breached data…more

Breach Notification Rule, Credit Reporting Agencies, Data Breach, Equifax, Incident Response Plans

See all updates »

InterConnect Newsletter - Summer 2017

The removal of CSA scores from public view may not eliminate the ability for an injured party to sue based on the negligent selection of a motor carrier, but it changes the analysis. The FMCSA still allows public access to…more

Data Protection, Freight Forwarding, Independent Contractors, Motor Carriers, Supply Chain

See all updates »

Perspectives - March/April - 2016

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

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

See all updates »

Understanding Key Terms for 3PLs in Information Technology Agreements

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

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

See all updates »

E-NAFTA: Canada and Mexico May Be Hot E-Commerce Markets After NAFTA Renegotiation

North American Free Trade Agreement (“NAFTA”) renegotiations are presently under way with closed-door rounds of negotiation planned for most of 2017. Fortunately, the proposed “Border Adjustment Tax” is off the table and there…more

Canada, E-Commerce, Free Trade Agreements, Mexico, NAFTA

See all updates »

Perspectives - September/October 2015

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

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

See all updates »

Perspectives - July 2015

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

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

See all updates »

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

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

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

See all updates »

Chi-Town Pizza Avoids Class Certification in TCPA Suit

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

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

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DOL Requests Extension of Final Disability Claims Rule To April 1, 2018

On October 10th the Department of Labor (DOL) proposed to extend by 90 days the applicability date for the Final DOL Claims Procedure Regulations (Rule) from January 1, 2018 to April 1, 2018. At the beginning of this year,…more

Disability Benefits, DOL, Final Rules

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InterConnect Newsletter - Summer 2017

The removal of CSA scores from public view may not eliminate the ability for an injured party to sue based on the negligent selection of a motor carrier, but it changes the analysis. The FMCSA still allows public access to…more

Data Protection, Freight Forwarding, Independent Contractors, Motor Carriers, Supply Chain

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