Benesch

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

  • 216.363.4500
  • 216.363.4588

Eighth Circuit Reverses Class Certification of FDCPA Suit Against Debt Collector And Its In-House Attorneys

In Powers v. Credit Mgmt. Servs., Inc., No. 13-2831 (8th Cir. Jan. 13, 2015), the United States Court of Appeals for the Eighth Circuit reversed the District of Nebraska’s order granting class certification of an action alleging…more
| Civil Procedure, Civil Remedies, Finance & Banking, Consumer Protection

The Economic Development Toolbox: "The Utility Player" - Tax Increment Financing

Tax increment financing (“TIF”) is a tool that is commonly used throughout the country to finance public infrastructure and other improvements. But while its use may appear to be fairly limited, TIF is actually extremely…more
| Education, Energy & Utilities, Finance & Banking, Taxation

Recent Developments in Indiana Law on Employer/Employee Non-Compete and Non-Solicitation Agreements

In 2014, Indiana courts considered a handful of cases that concerned non-compete and non-solicitation agreements between employees and employers. Indiana courts continued the trend and showed a reluctance to enforce non-compete…more
| Civil Remedies, Commercial Law & Contracts, Labor & Employment Law

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 Law & Contracts, Finance & Banking, Insurance, Real Estate - Commercial

Attempt To “Settle” A Time-Barred Debt Plausibly States Claim For FDCPA Violation, Sixth Circuit Holds

In Buchanan v. Northland Group, Inc., No. 13-2523 (6th Cir. Jan. 13, 2015), the Sixth Circuit reversed dismissal of a putative class action, holding that a creditor’s “settlement offer” to resolve an unpaid debt—without…more
| Finance & Banking, Consumer Protection

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
| Administrative Law, Commercial Law & Contracts, Transportation

Eighth Circuit Sets Standard For Cy Pres Distributions

On January 8, 2015, the Eighth Circuit Court of Appeals established a five-factor test governing cy pres distributions in class action lawsuits. In Re: BankAmerica Corp. Sec. Litig., No. 13-2620 (8th Cir. Jan. 8, 2015). …more
| Civil Procedure, Civil Remedies, Finance & Banking, Mergers & Acquisitions, Securities Law

Benesch Health Care Market Intelligence - Physician/Hospital Summary Report 2014

In this Report: - Key Findings - Industry Trends – Hospitals - Industry Trends – Physician Practices - Government/Regulatory – Ohio - Government/Regulatory – U.S. - Transactions -…more
| Antitrust & Trade Regulation, Mergers & Acquisitions, Health

Flash No. 45 – Failing to Follow the Guidance from the “Recipe Book” may be Very Costly

The Federal Leasing Regulations are often referred to within the industry as the “Recipe Book” for the typical independent contractor/owner-operator business model. The Regulations provide the ingredients that must be contained…more
| Commercial Law & Contracts, Transportation

CMS Releases the Civil Money Penalty Analytic Tool

The Centers for Medicare and Medicaid Services (“CMS”) recently released the civil money penalty (“CMP”) analytic tool used by CMS Regional Offices (“RO”) to review, approve or modify the proposed fines for nursing facilities…more
| Health

Palliative Care Services Increasing Across the U.S.

Palliative care services are now more accessible to patients with serious and chronic illnesses in the United States. The Mayo Clinic defines palliative care as offering pain and symptom management and emotional and spiritual…more
| Health

Lessons Learned: May a Healthcare Professional Say No To Treating Ebola?

May a licensed healthcare professional refuse to treat a patient? Healthcare providers have legal, ethical and professional duties to address a patient’s needs that fall within the provider’s scope of practice. However, are…more
| Civil Rights, Health

The Employee Zone Of Privacy

Employers should recognize an employee’s zone of privacy in the workplace. Business owners and managers need to understand that while they have their employees’ attention for much of the workday, there are limits. An employer…more
| Civil Rights, Labor & Employment Law, Privacy, Health

Ohio Supreme Court Holds that an Actual Report of Suspected Abuse or Neglect to the Ohio Director of Health Is Not Required to Support Statutory Retaliation Claim

Rather, employees need only report the suspected abuse or neglect of a nursing home resident to their supervisor, coworker or a resident’s family member ? and not to the Ohio Director of Health ? in order to state a statutory…more
| Labor & Employment Law, Health

Flash No. 44 - 2014 … A Year In Review

2014 was uncomfortably fast. When did you last write 2013 on a check or a letter by mistake? If you did, rest assured that you are not alone. So, while we still have a few weeks before we have to face the start of a new year…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Transportation
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Areas of Practice
  • Bankruptcy
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Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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