Benesch

2015 Phase Two HIPAA Audits – Delayed Again

Recently, the Director of the Department of Health and Human Services Office for Civil Rights (“OCR”) confirmed that OCR is still working to finalize the procedures for “Phase Two” HIPAA audits. OCR had initially planned to…more
| Health, Privacy, Science, Computers, & Technology

Obama For America Obtains Denial Of Class Certification In Putative TCPA Class Action

Lori Shamblin filed a putative class action against Obama For America, alleging that she had received two unsolicited telephone calls to her cellular phone that were made with an auto-dialer and used pre-recorded messages, in…more
| Civil Procedure, Communications & Media Law, Consumer Protection

The InterConnect FLASH! - April 2015: Be On Guard: North Carolina Decision Continues Worrisome Trend

On March 17, 2015, in Atiapo v. Goree Logistics, Inc., the North Carolina Court of Appeals affirmed an Industrial Commission Opinion and Award holding that Owen Thomas, Inc. (“Owen Thomas”), a federally licensed transportation…more
| Civil Procedure, Labor & Employment Law, Worker’s Compensation, Transportation

What Makes A Five Star Hospital?

The Affordable Care Act includes many provisions aimed at improving the quality of care provided by different types of health care professionals and providers. Along these lines, the ACA expands the types of facilities and…more
| Health

Denial of Class Certification In Computer Spyware Suit Vacated By Third Circuit

On April 16, 2015, the United States Court of Appeals for the Third Circuit vacated a district court’s order denying class certification of a computer spyware suit against Aaron’s Inc., concluding that district court had…more
| Civil Procedure, Privacy, Science, Computers, & Technology

Supreme Court Blocks Provider Challenges to Medicaid Program

On March 31, 2015, the Supreme Court issued the first of several expected decisions that will impact the healthcare industry this year, ruling that Medicaid providers have no constitutional or statutory right to challenge a…more
| Administrative Law, Civil Procedure, Constitutional Law, Health

The SEC is Taking a Closer Look at Confidentiality Agreements to Ensure Potential Whistleblowers Not Restrained

The Securities and Exchange Commission (“SEC”) announced on April 1, 2015 that it was instituting enforcement proceedings relating to the whistleblower provisions of the 2010 Dodd–Frank Wall Street Reform and Consumer Protection…more
| Administrative Law, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Indiana’s RFRA Battle Highlights Sexual Orientation Discrimination

The current controversy in Indiana surrounding the Religious Freedom Restoration Act (“RFRA”) highlights the issue of whether an employer may discriminate against an individual due to their sexual orientation. The purpose of…more
| Civil Procedure, Civil Rights, Labor & Employment Law

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
| Civil Procedure, Civil Remedies, Environmental Law, Consumer Protection, Products Liability

“We’re From The Government and We’re Here to Help”: When The Act of a Government Constitutes a Valid Defense to a Freight Claim

Will Rogers once quipped that “I don’t make jokes; I just watch the Government and report the facts.” While most Americans can probably identify with that observation to one extent or another, the government unquestionably plays…more
| Administrative Law, Commercial Law & Contracts, Transportation

Supreme Court Casts Doubt on EEOC’s Pregnancy Guidance

In reviving a lawsuit brought by a pregnant driver against UPS, the U.S. Supreme Court held last week that employers cannot deny accommodations to pregnant workers that are offered to other employees with similar restrictions…more
| Civil Procedure, Civil Rights, Labor & Employment Law

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
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

A Single Food-Safety Agency: Is Now Really The Time?

In the wake of the passage and continuing implementation of the Food Safety Modernization Act (“FSMA”), the most sweeping reform of our food safety laws in more than 70 years, a couple of U.S. Senators and President Obama each…more
| Administrative Law, Elections & Politics, Consumer Protection, Products Liability

Lessons Learned from the Anthem Cyber-Attack and Corresponding “HIPAA Actions”

Anthem Inc. (“Anthem”), the nation's second-largest health insurer, disclosed on Wednesday, February 4, 2015, that it was the victim of a major cyber-attack. According to Anthem, the attack exposed personal information of…more
| Consumer Protection, Personal Injury, Privacy, Health, Science, Computers, & Technology

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
| Elections & Politics, Taxation
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Contact

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

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Areas of Practice
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Number of Attorneys

100+ Attorneys

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