Food Safety Does Not Exist In A Vacuum, and Neither Do the FSMA’s Rules: What the New Rules on Preventive Controls for Human and Animal Food Mean for Transportation

On September 17, 2015 the FDA published the first two of its seven rules in conjunction with the Food Safety Modernization Act’s (the “FSMA”) regulatory scheme. The rules, which focus on Current Good Manufacturing Practices…more
| Agriculture, Consumer Protection

Marine Insurance Coverage—The Uberrimae Fidei Defense and Reliance as a Necessary Factor

On August 20, 2015, the U.S. Court of Appeals for the Eighth Circuit ruled that demonstrating reliance is required to void a marine insurance policy under the uberrimae fidei defense. In doing so, the court reversed the United…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Maritime Law

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
| Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

EU – US Safe Harbor Ruled Invalid

The global data protection community was issued a major blow early on Tuesday, October 6, 2015, when the Court of Justice of the European Union (“CJEU”) (the European Union’s highest court) declared the fifteen year old EU-US…more
| International Law & Trade, Privacy, Science, Computers, & Technology

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
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Education, Labor & Employment Law

Make Room for the Independent Sponsor

It’s no secret that it has become more difficult for traditional private equity firms to raise captive funds. In fact, California Public Employees’ Retirement System is looking to further reduce its number of private equity…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

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 new joint employer standard in August 27’s Browning-Ferris Industries of California, Inc…more
| Commercial Law & Contracts, Franchise Law, Labor & Employment Law

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
| Health

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
| Commercial Law & Contracts, Labor & Employment Law

InterConnect - September 2015

In our last FLASH!, we discussed the Department of Labor Wage and Hour Division’s attempted foray into legislation when it issued its “Administrator’s Interpretation” regarding independent contractors. Now, not to be outdone by…more
| Labor & Employment Law

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
| Commercial Law & Contracts, Communications & Media Law, Health, Privacy, Science, Computers, & Technology

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 Law & Contracts, Real Estate - Commercial, Science, Computers, & Technology

InterConnect - Summer 2015

Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a…more
| Commercial Law & Contracts, Insurance, Labor & Employment Law, Maritime Law, Transportation

Compliance: Reporting Overpayments and the 60-day Clock

On August 3, 2015, a federal judge in New York issued an important opinion regarding the False Claims Act and what it means to “identify” an overpayment for purposes of starting the 60-day clock in which Medicare and Medicaid…more
| Government Contracting, Health

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
| Business Organizations, Commercial Law & Contracts, Labor & Employment Law, Securities Law
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200 Public Square Suite 2300
Cleveland, OH 44114-2309, United States

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