Benesch

NLRB Declares “Conflict-of-Interest” Policy to be Unlawful on Its Face

In a controversial decision, the NLRB found that a conflict-of-interest policy in an employee handbook is unlawful on its face. This ruling could deem many current conflict-of-interest policies unenforceable, creating harsh…more
| Administrative Law, Civil Procedure, Constitutional Law, Labor & Employment Law

Retail Real Estate: Quarterly Summary Report - Q1 2015

In this Issue: - National Market Trends - Leasing Trends - Major Industry Transactions - Retail in Ohio - Excerpt from National Market Trends: As more millennials move into urban…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Real Estate - Commercial

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
| Administrative Law, Labor & Employment Law, Transportation

3D Printing

Additive manufacturing/3D printing, which builds a complete part by fusing material layer by layer, is revolutionizing manufacturing today and will continue to be a breakthrough technology. As President Obama assessed in his…more
| Commercial Law & Contracts, Science, Computers, & Technology

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
| Labor & Employment Law, Health, Intellectual Property, Science, Computers, & Technology, Nonprofit Law

UTC Fire & Security Obtains Summary Judgment In Putative TCPA Class Action

The Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), prohibits initiating a telephone call using a prerecorded voice to wireless or residential telephone numbers unless the called party consents to receiving the…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Consumer Protection

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
| Civil Remedies, Commercial Law & Contracts, International Law & Trade, Maritime Law, Transportation

Benesch Health Care Market Intelligence - Private Equity Summary Report 2015

- In this Issue: - Key Findings - Industry Trends - Industry News - Transactions - Fund News - Outlook - Excerpt from Key Findings: Private equity firms continue to be active investors in…more
| Finance & Banking, Health

Big Changes to Indiana’s Wage Statute

For many years, it has been the case that Indiana is a progressive, pro-employee state when it comes to wages. Employees who were not paid wages on a timely basis were entitled to treble damages and attorney fees. A new law…more
| Civil Remedies, Labor & Employment Law

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
| Consumer Protection, Privacy, Health, Insurance, Science, Computers, & Technology

USA Today Defeats Video Privacy Class Action

In Yershov v. Gannett Satellite Information Network, Inc. d/b/a USA Today, No. 14-13112 (D.Mass. May 15, 2015), the District Court for the District of Massachusetts recently granted a motion to dismiss a putative class action…more
| Civil Procedure, Communications & Media Law, Privacy

But We Did Everything Right?: Why Agreements with Shippers are Necessary for Carriers to Protect Themselves from Temperature-Control Liability Under the FSMA

As food transporters grapple with the myriad of compliance issues raised by the Food Safety Modernization Act and the FDA’s looming proposed “Food Safety Rule on the Sanitary Transportation of Human and Animal Food,” carriers of…more
| Administrative Law, Commercial Law & Contracts, Consumer Protection, Products Liability, Transportation

HHS Revises, Delays Medicare Enrollment Requirements for Part D Prescriptions

The Affordable Care Act authorized the Department of Health and Human Services (HHS) to require a physician, dentist or other healthcare provider to be enrolled in the Medicare program before they can issue a prescription…more
| Administrative Law, Health, Science, Computers, & Technology

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
| Labor & Employment Law, Immigration Law

Dismissal Of Securities Fraud Class Action Against Yahoo! Affirmed By Ninth Circuit

On May 15, 2015, the Ninth Circuit Court of Appeals affirmed the dismissal of a putative securities fraud class action against Yahoo! In re: Yahoo! Inc. Sec. Litig., No. 11-cv-02732 (9th Cir. May 15, 2015). In 2011,…more
| Civil Procedure, Business Torts, Securities Law
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