Dinsmore & Shohl LLP

255 East Fifth Street Suite 1900
Cincinnati (HQ), OH 45202, United States

Contact: Jennifer Davenport

  • 513-977-8272
  • 513-877-8141

New Clean Air Act Decision Could Spell Trouble for Defendants in Citizen Suits

On April 18, 2014, the D.C. Circuit issued its decision in Natural Resources Defense Council v. Environmental Protection Agency et al., No. 10-1371 (Apr. 18, 2014), a case challenging new EPA emissions standards that govern the…more

Affirmative Defenses, Citizen Suits, Clean Air Act, EPA, National Emissions Standards

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2015 H-1B Filing Season Starts April 1

Why is April 1, 2014 Important? - April 1, 2014 is the first day on which U.S. Citizenship and Immigration Services ("USCIS") may receive H-1B specialty worker petitions for the next fiscal year that begins on October 1,…more

H-1B, Immigrants, USCIS, Visas

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2015 H-1B Filing Season Starts April 1

Why is April 1, 2014 Important? - April 1, 2014 is the first day on which U.S. Citizenship and Immigration Services ("USCIS") may receive H-1B specialty worker petitions for the next fiscal year that begins on October 1,…more

H-1B, Immigrants, USCIS, Visas

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HHS Announces $800,000 HIPAA Settlement in Medical Records “Dumping” Case

On June 23, 2014, The Department of Health and Human Services (HHS) entered into an $800,000 settlement with Parkview Health System, Inc. (“Parkview”), a nonprofit community health system servicing northeastern Indiana and…more

Healthcare, HHS, HIPAA, Hospitals, Medical Records

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How to Keep Your Unpaid Internship Program Legal

The summer internship season is starting up, so it is a perfect time to evaluate your organization’s unpaid internship program. Unpaid interns can gain valuable, real world experience (tremendously helpful in this sluggish and…more

DOL, Employer Mandates, Employment Policies, Hiring & Firing, Internships

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Two Major Supreme Court Wins for Employers

On Monday, June 24, 2013, the Supreme Court issued two 5-4 rulings in important cases affecting the employment world, University of Texas Southwestern Medical Center v. Nassar and Vance v. Ball State University. By making it…more

But For Causation, Discrimination, EEOC, Harassment, Hiring & Firing

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Redskins’ trademark decision ushers in more questions - Cancellation of trademark registration may not have impact some believe

The Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO) most likely knew it was going to generate headlines Wednesday when it issued a monumental decision to cancel six registrations of the…more

Blackhorse v Pro-Football, Disparagement, Football, Laches, Native American Issues

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The Clock is Ticking on the SEC’s MCDC Initiative - Limited Self Reporting Window Closes September 9, 2014

The U.S. Securities and Exchange Commission (the “SEC”) has announced its Municipalities Continuing Disclosure Cooperation Initiative (the “MCDC Initiative”) for municipal issuers, conduit borrowers, other obligated persons…more

Compliance, Disclosure Requirements, MCDC, SEC, Self-Reporting

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Taxpayer Relief Act Brings Assortment of Changes

Early on January 1, 2013, the Senate, by a vote of 89 to 8, approved H.R. 8, “the American Taxpayer Relief Act” (ATRA or the Bill). The House of Representatives passed the Bill by a vote of 257 to 167. Following are the major…more

Alternative Minimum Tax, American Taxpayer Relief Act, Bush-Era Tax Cuts, Capital Gains, Dividends

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OIG Issues Special Fraud Alert on Lab/Physician Arrangements

The Office of the Inspector General (“OIG”) has issued another Special Fraud Alert, this time specifically targeting a recent trend in arrangements between laboratories and physicians. The alert describes two types of…more

Anti-Kickback Statute, Clinical Laboratories, Fraud, Healthcare, Laboratories

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OIG: Medicare Inappropriately Paid for 2010 E/M Services Claims - Physicians should expect higher scrutiny on Medicare claims involving Evaluation and Management (“E/M”) services

Inspector General Daniel R. Levinson with the Office of the Inspector General (“OIG”) recently issued a startling report explaining that Medicare inappropriately paid $6.7 billion for claims for E/M Services in 2010. These…more

Evaluation and Management Services, Healthcare, Medicare, OIG, Overpayment

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Unsure Bet: The Future of Daily Fantasy Exchange Wagering

I. INTRODUCTION - Fueled by technological change, fantasy sports have enjoyed incredible growth in the 21st Century. Since 1980, when writer Daniel Okrent explained his invention of “Rotisserie” major league baseball…more

Fantasy Sports, Gambling, Sports, Sports Betting, UIGEA

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Year End Employee Benefits Checklist

2013 brought many changes to employee benefit plans, and several more are coming in 2014. Dinsmore’s Compensation and Benefits Group wants you to be prepared for year-end and upcoming changes…more

Affordable Care Act, Benefit Plan Sponsors, Corporate Counsel, Defined Benefit Plans, DOMA

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Bronchiolitis Obliterans Cases Continue to Pop Up

Researchers have reported bronchiolitis obliterans in populations ranging from the builders of boat hauls to Taiwanese women who used a natural weight loss remedy. Still, in the legal and business community, this serious…more

Bronchiolitis Obliterans, Hazardous Substances, Manufacturers, OSHA, Safety Precautions

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Uncharted Jurisprudential Waters: Attorney-Client Privilege and In-House Communications

Many law firms today create in-house general counsel positions to advise the firm on various ethical, regulatory and risk-management issues, including malpractice claims. These individuals do not actively represent the firm’s…more

Attorney-Client Privilege, Corporate Counsel, Discovery, Legal Ethics, Upjohn Warnings

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MSHA Inspection Failures Poised to Increase Inspection Activities

Two recent news items shine a spotlight on MSHA, its inspection corps, and several publicly acknowledged inspection failures. On February 5, 2013, the W.Va. Supreme Court published a decision that, for purposes of the Federal…more

Coal Mines, FTCA, Inspections, Mine Act, Mining

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DOL FAQ Confirms No Penalty For Failure To Distribute Exchange Notice, Obligation Still Remains

On Wednesday, September 12, the Employee Benefits Security Administration (EBSA), which is a division of the Department of Labor (DOL), released another FAQ indicating that no penalty or fine will be applied for failing to…more

DOL, EBSA, Employee Benefits, FLSA, Health Insurance Exchanges

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Supreme Court Invalidates NLRB Members' Recess Appointments

The United States Supreme Court has invalidated the “recess” appointments of three members of the National Labor Relations Board (NLRB) who were appointed in January 2012 while the U.S. Senate was not in recess (Noel Canning v…more

Barack Obama, Canning v NLRB, NLRB, Recess Appointments, SCOTUS

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Taxpayer Relief Act Brings Assortment of Changes

Early on January 1, 2013, the Senate, by a vote of 89 to 8, approved H.R. 8, “the American Taxpayer Relief Act” (ATRA or the Bill). The House of Representatives passed the Bill by a vote of 257 to 167. Following are the major…more

Alternative Minimum Tax, American Taxpayer Relief Act, Bush-Era Tax Cuts, Capital Gains, Dividends

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LGBT Workplace Legal Developments - Senate Passes Employment Non-Discrimination Act – What’s Next?

The Employment Non-Discrimination Act (“ENDA”) passed the United States Senate on November 7, 2013, but is expected to languish and fail in the House. However, even if ENDA fails, this does not mean that employers need not worry…more

Civil Rights Act, Discrimination, EEOC, ENDA, LGBT

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Uncharted Jurisprudential Waters: Attorney-Client Privilege and In-House Communications

Many law firms today create in-house general counsel positions to advise the firm on various ethical, regulatory and risk-management issues, including malpractice claims. These individuals do not actively represent the firm’s…more

Attorney-Client Privilege, Corporate Counsel, Discovery, Legal Ethics, Upjohn Warnings

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Anti-Corruption Issues Spotlighted at the IBA Latin American Regional Forum Conference April 10, 2014

The perception of corruption in Latin America is a stigma that the counties are working to overcome. It’s no surprise that “Greasing Palms-Current Regulatory and Enforcement Trends in Anti-Corruption in Latin America” was a lead…more

Anti-Corruption, Compliance, Corruption, Latin America

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Miners’ Discrimination Complaints: What’s an Operator to do?

Mine operators across the United States are facing an unprecedented number of miners’ discrimination complaints filed under Section 105(c) of the Mine Act. The rise in discrimination complaints can be partly attributed to job…more

Discrimination, Employee Rights, Employer Liability Issues, Mining, MSHA

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Taxpayer Relief Act Brings Assortment of Changes

Early on January 1, 2013, the Senate, by a vote of 89 to 8, approved H.R. 8, “the American Taxpayer Relief Act” (ATRA or the Bill). The House of Representatives passed the Bill by a vote of 257 to 167. Following are the major…more

Alternative Minimum Tax, American Taxpayer Relief Act, Bush-Era Tax Cuts, Capital Gains, Dividends

See All Updates »

What’s in Your Wallet? Who Cares—What’s in Your Cell Phone Is More Important!

The United States Supreme Court has tackled the issue of cell phone privacy and ruled that data is different from other forms of technology. In late June, the Supreme Court issued an opinion: those of David Riley, a California…more

Cell Phones, Evidence, Fourth Amendment, Law Enforcement, Mobile Privacy

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Litigating in the Gap Between Theory and Reality - Reseller Liability Under Section 1681e(b) of the Fair Credit Reporting Act

One of the most significant sources of litigation risks for niche businesses occurs when the statutory laws governing their conduct fail to reflect the real-world context of the industries in which they operate. Because even…more

Attorney's Fees, Credit Reporting Agencies, Credit Reports, FCRA, FTC

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Unsure Bet: The Future of Daily Fantasy Exchange Wagering

I. INTRODUCTION - Fueled by technological change, fantasy sports have enjoyed incredible growth in the 21st Century. Since 1980, when writer Daniel Okrent explained his invention of “Rotisserie” major league baseball…more

Fantasy Sports, Gambling, Sports, Sports Betting, UIGEA

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Pay Attention: Final Rules on Loan Originator Compensation

January, 2013, was a watershed month for mortgage standards after the Consumer Financial Protection Bureau released the long-awaited final rules on ability to repay, qualified mortgages, mortgage servicing, and appraisal…more

Ability-to-Repay, Appraisal, CFPB, Compliance, Dodd-Frank

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The Bradford Hill Criteria: The Forgotten Predicate

Introduction - In product liability litigation, the determinants of causation between an agent and a disease are frequently a critical issue. In 1965 Sir Austin Bradford Hill, a British epidemiologist and statistician,…more

Bradford Hill Criteria, Causation, Daubert Standards, Epidemiological Evidence, Evidence

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Five Strategies for Employers to Improve Their Success in the Hearing Room

If you search for the phrase “success in workers compensation hearings” on the internet you will undoubtedly be directed to a plethora of websites dedicated to assisting claimants win their workers compensation hearings. What…more

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New Legislation to “Ban LEED” Highlights Concerns about LEED v4

In recent weeks, multiple news sources have reported that the Ohio Senate voted to “ban LEED” when it passed Concurrent Resolution Number 25 (“SCR 25”). However, a closer look at SCR 25 reveals that it does not actually ban…more

Green Buildings, LEED Rules, Manufacturers, Timber

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Appeals Court Opinion Changes Conflict Minerals Rules Compliance Landscape

On Monday, April 14, 2014, the U.S. Circuit Court of Appeals for the District of Columbia (the DC Circuit) struck down part of the federal rules requiring publicly traded companies to report on their use of “conflict minerals,”…more

Conflict Mineral Rules, Disclosure Requirements, Dodd-Frank, Form SD, SEC

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Redskins’ trademark decision ushers in more questions - Cancellation of trademark registration may not have impact some believe

The Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO) most likely knew it was going to generate headlines Wednesday when it issued a monumental decision to cancel six registrations of the…more

Blackhorse v Pro-Football, Disparagement, Football, Laches, Native American Issues

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Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as "Your Work" Exclusion in CGL Policy Is Inapplicable

In Forrest Construction, Inc. v. The Cincinnati Insurance Co., No. 11-6262, 2013 U.S. App. LEXIS 722 (6th Cir.), the United States Court of Appeals for the Sixth Circuit held that an insurer breached its policy with an insured…more

Commercial General Liability Policies, Construction Disputes, Contractors, Duty to Defend, Insurers

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Now That the Election Is Over, How Do You Plan for 2013’s New Tax on Investment Income?

Originally published in Daily Tax Report on December 3, 2012. President Obama’s re-election and the Democrats’ retained control of the Senate mean that a repeal of the Patient Protection and Affordable Care Act before its…more

Capital Gains, Charitable Remainder Trust, Fiscal Cliff, Gift-Tax Exemption, Income Taxes

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Employers May See Increase in Whistleblower Retaliation Claims in Near Future

On December 5, 2013, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced its intent to launch an online complaint system that will provide workers another avenue to file whistleblower…more

Complaint Procedures, OSHA, Retaliation, Safety Precautions, Whistleblowers

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EEOC expands pregnancy discrimination definitions - New guidance increases employer obligations to pregnant employees

Yesterday, the Equal Employment Opportunity Commission (“EEOC”) issued its first enforcement guidance on pregnancy discrimination and related issues (“the Guidance”) in 31 years. The Guidance, which offers an expanded…more

EEOC, Employee Rights, Pregnancy, Pregnancy Discrimination

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New Legislation to “Ban LEED” Highlights Concerns about LEED v4

In recent weeks, multiple news sources have reported that the Ohio Senate voted to “ban LEED” when it passed Concurrent Resolution Number 25 (“SCR 25”). However, a closer look at SCR 25 reveals that it does not actually ban…more

Green Buildings, LEED Rules, Manufacturers, Timber

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2014 Minimum Wage Changes

Several states will ring in 2014 with new minimum wage and posting requirements for employers. For many states, this will be in the form of higher minimum wages, but a few have also updated their posting requirements. A complete…more

Minimum Wage, Posting Requirements, Wage and Hour, Wages

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Ohio Supreme Court Upholds Pay-if-Paid Provisions - “Condition precedent” sufficient to transfer non-payment risk in subcontracts

The Ohio Supreme Court today held that when a subcontract makes payment by a project owner to the general contractor a condition precedent to the general contractor’s obligation to pay the subcontractor — the subcontract…more

Condition Precedent, Construction Contracts, Contract Interpretation, General Contractors, Pay if Paid

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Do you understand the new Medicare surtax?

Here are six simple rules for individual taxpayers to remember - Beginning with tax year 2013, certain individuals, trusts, and estates may be subject to a 3.8% surtax under Section 1411 of the Internal Revenue Code…more

3.8% Medicare Tax, CMS, Healthcare, Medicare

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Future of the Affordable Care Act in Jeopardy in Many States

A same-day split decision has created an uncertain future for the Patient Protection and Affordable Care Act (ACA). On Tuesday, two Circuit Courts reached differing conclusions on the availability of premium subsidies for the…more

Affordable Care Act, Halbig v Burwell, Healthcare, Healthcare Reform, IRS

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West Virginia Product Liability Law Monograph

Morningstar v. Black & Decker Manufacturing Co. - In 1979, the West Virginia Supreme Court of Appeals decided Morningstar v. Black & Decker Manufacturing Co., the leading case in West Virginia product liability law. 253…more

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Workplace Safety, Security and Employee Gun Rights - Best Practices To Mitigate Workplace Violence Risk

In the wake of the mass shootings that continue around the country, the President, some members of Congress, state and local officials and many advocacy groups are pursuing an aggressive agenda to increase safety measures and…more

Background Checks, Concealed Carry Permit, Disability Discrimination, Discrimination, Gun Laws

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Busy Summer in the Gambling Market of Hungary

Introduction - The summer of 2013 may reserve good opportunities for the gambling sector in Hungary as two, somewhat unexpected, changes were introduced last month. The Hungarian Parliament finally adopted the brand new…more

EU, Gambling, Gaming Commissions, New Legislation

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Is Work From Home Counted in Determining FMLA Eligibility?

A recent ruling from the Second Circuit Court of Appeals (“Second Circuit”) has generated a lot of buzz – and potential problems for employers – regarding what hours must be counted in determining whether an employee is eligible…more

Collective Bargaining, Eligibility, FMLA, Retaliation, Tenure

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Rule Change Will Allow Businesses to Advertise Private Offerings

In early July, the SEC commissioners voted to eliminate a long-standing rule that prohibited general solicitation of investors and thereby will allow business entities greater leeway to advertise private offerings. The SEC’s ban…more

Advertising, General Solicitation, JOBS Act, Private Placements, Regulation D

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OIG: Medicare Inappropriately Paid for 2010 E/M Services Claims - Physicians should expect higher scrutiny on Medicare claims involving Evaluation and Management (“E/M”) services

Inspector General Daniel R. Levinson with the Office of the Inspector General (“OIG”) recently issued a startling report explaining that Medicare inappropriately paid $6.7 billion for claims for E/M Services in 2010. These…more

Evaluation and Management Services, Healthcare, Medicare, OIG, Overpayment

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The NLRB Overrules Longstanding Precedent in Two New Opinions

On December 12, 2012, the National Labor Relations Board (“NLRB”) overruled a 50–year-old precedent when it decided that employers have a duty to continue to deduct union dues from employees’ paychecks even after the expiration…more

American Baptist, Anheuser-Busch, Bethlehem Steel, Collective Bargaining, Discovery

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West Virginia Product Liability Law Monograph

Morningstar v. Black & Decker Manufacturing Co. - In 1979, the West Virginia Supreme Court of Appeals decided Morningstar v. Black & Decker Manufacturing Co., the leading case in West Virginia product liability law. 253…more

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Changes to the Telephone Consumer Protection Act Effective October 16, 2013 -- Companies must be Compliant or Face Stiff Penalties

The Telephone Consumer Protection Act of 1991, 47 USC 227, et. seq. (“TCPA”) and the accompanying Federal Communications Commission rules (47 CFR 64.100, et. seq.) ban many phone calls and text messages that are sent to a mobile…more

Compliance, FCC, Robocalling, TCPA, Telemarketing

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Windsor and Hollingsworth: Shifting Tides in the Battle for Marriage Equality

Of all of the Supreme Court decisions in recent years, few have drawn more public interest (or outcry, depending on an individual’s political school of thought) than United States v. Windsor and Hollingsworth v. Perry and few…more

DOMA, Hollingsworth v Perry, Marriage, Marriage Equality, Same-Sex Marriage

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Canada Targets Commercial Email; Crackdown Perilous to US Companies

After years of enduring a reputation as a haven for spammers, Canada has enacted one of the toughest anti-spam laws in the world. Canada’s Anti-Spam Law (“CASL”), which goes into effect on July 1, 2014, strictly regulates…more

Canada, CASL, Commercial Electronic Messages, Consent

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New Hart-Scott-Rodino Act Filing Thresholds Take Effect on February 11, 2013

The Federal Trade Commission (“FTC”) recently announced the 2013 filing thresholds under the Hart-Scott-Rodino Act (“HSR”). The thresholds determine whether parties involved in mergers, acquisitions, transfers of voting…more

FTC, Hart-Scott-Rodino Act, Size of Persons Test, Threshhold Requirements

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Unsure Bet: The Future of Daily Fantasy Exchange Wagering

I. INTRODUCTION - Fueled by technological change, fantasy sports have enjoyed incredible growth in the 21st Century. Since 1980, when writer Daniel Okrent explained his invention of “Rotisserie” major league baseball…more

Fantasy Sports, Gambling, Sports, Sports Betting, UIGEA

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New Obstacles in Kentucky Emotional Distress Claims

A recent decision by Kentucky’s highest court has left the law governing certain negligence cases in a state of transition. It is common for plaintiffs to assert a claim for emotional distress, such as anxiety or depression, to…more

Emotional Injury Claims, Negligence, Physical Contact

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2014 Minimum Wage Changes

Several states will ring in 2014 with new minimum wage and posting requirements for employers. For many states, this will be in the form of higher minimum wages, but a few have also updated their posting requirements. A complete…more

Minimum Wage, Posting Requirements, Wage and Hour, Wages

See All Updates »

LGBT Workplace Legal Developments - Senate Passes Employment Non-Discrimination Act – What’s Next?

The Employment Non-Discrimination Act (“ENDA”) passed the United States Senate on November 7, 2013, but is expected to languish and fail in the House. However, even if ENDA fails, this does not mean that employers need not worry…more

Civil Rights Act, Discrimination, EEOC, ENDA, LGBT

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How to Be Anti-Troll Without Being Antitrust: A Six-Step Primer

The U.S. District Court for the Northern District of California recently addressed whether a “patent aggregator” (a.k.a. “anti-troll”), which is an organization formed by operating companies to protect against “non-practicing…more

Anti-Patent Trolls, Conspiracies, Mobile Devices, Patent Trolls, Patents

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What’s in Your Wallet? Who Cares—What’s in Your Cell Phone Is More Important!

The United States Supreme Court has tackled the issue of cell phone privacy and ruled that data is different from other forms of technology. In late June, the Supreme Court issued an opinion: those of David Riley, a California…more

Cell Phones, Evidence, Fourth Amendment, Law Enforcement, Mobile Privacy

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Michigan, Ohio Lenders Will See Impact from New Nonrecourse Loan Restrictions

Lenders located in Michigan and Ohio that are engaging in nonrecourse loans will want to become familiar with a recent change in the law which will have an impact on the use of certain carve-outs in nonrecourse loans…more

Carve Out Provisions, Lenders, Nonrecourse Loans, Post-Closing Insolvency Covenants

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Protect Your Lien Rights - Four things you need to know ...

Know your deadline for filing the lien - There are different time limits for recording a mechanic’s lien depending on the type of project. Generally: - Residential Projects ..Must file within 60 days of the last…more

Contractors, Liens, Mechanics Lien, Subcontractors

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Halliburton Ruling will Impact Securities Class Actions

In 2013, total settlement dollars from securities class actions totaled $4.8 billion. Due in part to the large sums of money involved, securities class action litigation has become an expensive proposition for plaintiff and…more

Basic v Levinson, Class Certification, Fraud, Fraud-on-the-Market, Halliburton

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Five Estate Planning Tips to Prepare For Your Upcoming Trip

After surviving this past winter’s polar vortex, it is hard to believe that summer is flying by and that vacation season is in full swing. Summer vacation, or any trip, is a great opportunity to relax and recharge by spending…more

Beneficiary Designations, Durable Power of Attorney, Passwords, Power of Attorney, Trusts

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March Comes in Like a Lion: Flurry of Action Steps Mandated for Government Contractors and Subcontractors

The Office of Federal Contract Compliance Programs (OFCCP) issued new regulations, which went into effect on March 24, 2014, which impact data collection and analysis for veteran and disabled job candidates and employees. A…more

Affirmative Action, Disability, Federal Contractors, Hiring & Firing, OFCCP

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New Streamlined Application Process for Tax Exempt Organizations Approved

On July 1, 2014, the Internal Revenue Service (IRS) radically changed the way nonprofits apply for exempt status by introducing the 1023-EZ form, an alternative process for applying for §501 (c) (3) tax- exempt status. As we…more

501(c)(3), IRS, Non-Profits, Tax Exempt, Tax Exempt Entities

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The Impact of New SEC Municipal Advisors Registration Requirements on Investment Bankers and Their Clients

On September 18, 2013, the Securities and Exchange Commission (“SEC”) voted to adopt its final rule establishing registration requirements for municipal advisors in accordance with the Dodd-Frank Act. This final rule went into…more

Banks, Compliance, Dodd-Frank, Investment Adviser, Municipal Advisers

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Personnel Deadlines For the 2014-2015 School Year

Reassignment of surplus personnel: When actual student enrollment in a grade level or program, unforeseen before March 1, 2014, permits the assignment of fewer teachers or service personnel to or within a school, the county…more

Deadlines, Public Schools

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Challenges Arise with New Form 13F Filing Format

Investment managers may be well served to file their upcoming Form 13F reports (due next Wednesday, August 14th) early this quarter. That is because a new EDGAR filing format went into effect on May 20, 2013, pursuant to which…more

EDGAR, Filing Requirements, Investment Funds, Investment Management

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Task Force on Governmentally-Mandated Standby Letters of Credit

Unfortunately, as bankers in West Virginia know, these forms are in several respects at odds with letter of credit law and practice. Thus the forms not only are problematic from the standpoint of issuers, but also, they may fail…more

Banking Sector, Banks, Contract Drafting, Legal Forms, Letter of Credit

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Employers May See Increase in Whistleblower Retaliation Claims in Near Future

On December 5, 2013, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced its intent to launch an online complaint system that will provide workers another avenue to file whistleblower…more

Complaint Procedures, OSHA, Retaliation, Safety Precautions, Whistleblowers

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The Arbitration Decision

MHC Kenworth ruling strengthens enforcement of arbitration provisions, but are they good for your business? Although public policy generally favors the enforcement of arbitration agreements, Kentucky courts historically…more

Arbitration, Arbitration Agreements, Enforcement

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Despite Ruling Against Business Owner, Ky. Supreme Court Upholds Important Protection for Single-Owner Entities

Most Kentucky business owners know that owning their business through a formal entity, such as a corporation or limited liability company (LLC) has certain advantages. Many also know that to realize those advantages, they must…more

Business Ownership, Corporate Veil, LLC, Personal Liability, Small Business

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Watch your P's and Q's... - Supreme Court Clears the Path for False Advertising Suit against Coca-Cola

The Supreme Court issued an 8-0 decision yesterday unanimously holding that compliance with federal labeling statutes cannot be used as a defense to lawsuits by competitors for false advertising under the Lanham Act…more

Advertising, Coca Cola, FDA, FDCA, Food Labeling

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HHS Announces $800,000 HIPAA Settlement in Medical Records “Dumping” Case

On June 23, 2014, The Department of Health and Human Services (HHS) entered into an $800,000 settlement with Parkview Health System, Inc. (“Parkview”), a nonprofit community health system servicing northeastern Indiana and…more

Healthcare, HHS, HIPAA, Hospitals, Medical Records

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Loan Originators & Overtime: What Should Employers Do?

Within the past few years, there have been significant legal developments concerning mortgage loan originators and overtime payments. The most recent development occurred on February 28, 2014, when the Department of Labor…more

DOL, Loans, SCOTUS, Unpaid Overtime

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What Startup Entrepreneurs Need to Know About Crowdfunding Before They Raise Money

What's the one thing entrepreneurs and small business owners need to know about crowdfunding before they raise money? For a JD Supra Perspective, that’s the question we put to experts writing on this matter. Here’s what we heard…more

Crowdfunding, Legal Perspectives, Regulation D, Startups

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OIG Issues Special Fraud Alert on Lab/Physician Arrangements

The Office of the Inspector General (“OIG”) has issued another Special Fraud Alert, this time specifically targeting a recent trend in arrangements between laboratories and physicians. The alert describes two types of…more

Anti-Kickback Statute, Clinical Laboratories, Fraud, Healthcare, Laboratories

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Loan Originators & Overtime: What Should Employers Do?

Within the past few years, there have been significant legal developments concerning mortgage loan originators and overtime payments. The most recent development occurred on February 28, 2014, when the Department of Labor…more

DOL, Loans, SCOTUS, Unpaid Overtime

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SEC Extends the MCDC Initiative Self Reporting Deadline

The Securities and Exchange Commission (“SEC”) just announced modified provisions of the Municipal Continuing Disclosure Cooperation Initiative (“MCDC Initiative”) that extends the self-reporting period for issuers and conduit…more

Deadlines, Disclosure Requirements, MCDC, Municipal Securities Issuers, Municipalities

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Ohio Supreme Court Clarifies Compensable Psychological Conditions

On June 4, 2013, the Ohio Supreme Court issued a decision limiting the circumstances under which a psychological condition can be recognized in a workers’ compensation claim. The Court’s decision, Armstrong v. John R. Jurgensen…more

Emotional Injury Claims, Workplace Injury

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Environmental Groups Seek to Impose Selenium Treatment Obligations on Property Owners

The Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy, and Sierra Club have filed five (5) lawsuits in the last two months in the U.S. District Court for the Southern District of West Virginia, alleging…more

Clean Water Act, Discharge of Pollutants, Mining, NPDES, Sierra Club

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A New Tool for Ohio Physicians: OARRS Practice Insight Report - A New Feature Enhances Ability to Monitor Prescribing Practices and Compliance

Ohio physicians now have another reason to be familiar with and utilize the Ohio Automated Rx Reporting System (“OARRS”) as a component of their practices. While OARRS checks have been mandatory under certain circumstances since…more

Healthcare, Physicians, Prescription Drugs

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Unsure Bet: The Future of Daily Fantasy Exchange Wagering

I. INTRODUCTION - Fueled by technological change, fantasy sports have enjoyed incredible growth in the 21st Century. Since 1980, when writer Daniel Okrent explained his invention of “Rotisserie” major league baseball…more

Fantasy Sports, Gambling, Sports, Sports Betting, UIGEA

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EPA Re-gains “Green Light” to Regulate Permitting Procedures - D.C. Circuit overturns lower court decisions on EPA permitting procedures

Two district court orders declaring the federal Environmental Protection Agency acted illegally when it implemented certain permitting procedures for coal mining operations have been vacated by a federal court of appeals…more

Clean Water Act, Coal Mines, Environmental Policies, EPA, Mining

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The Impact of New SEC Municipal Advisors Registration Requirements on Investment Bankers and Their Clients

On September 18, 2013, the Securities and Exchange Commission (“SEC”) voted to adopt its final rule establishing registration requirements for municipal advisors in accordance with the Dodd-Frank Act. This final rule went into…more

Banks, Compliance, Dodd-Frank, Investment Adviser, Municipal Advisers

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West Virginia Bankruptcy Courts Split on When Foreclosure Sale is Final

Lenders that exercise their rights to foreclose upon collateral are often met with a bankruptcy filing near or shortly after the date of sale. Obviously, if a lender learns of a bankruptcy prior to the foreclosure, the sale…more

Consumer Bankruptcy, Foreclosure, Mortgages

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Preparing for the 2014 Proxy Season

With the proxy and annual reporting season just around the corner, public companies need to be alert to this year’s regulatory developments. Below is a summary of current and anticipated changes that may impact reporting…more

Dodd-Frank, Nasdaq, NYSE, Proxy Season, SEC

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A Proxy Season Update -- Preparing for 2013

As the landscape surrounding proxy materials and annual report disclosures continues to shift, it is important for public companies to anticipate such changes and ensure they are best positioned to respond. Below is a summary of…more

Clawbacks, Compensation Committee, Conflicts of Interest, Disclosure Requirements, Dodd-Frank

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The Regulatory Agenda and the Board - 5 Key Issues

The Dodd-Frank Wall Street Reform and Consumer Act has been in effect for nearly four years, and almost 75 percent of the required regulations have been written or proposed. Issued regulations help to clarify requirements, but…more

Board of Directors, Compliance, Corporate Governance, Dodd-Frank

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The Importance of Molding Junior Employees for Future Leadership

Human resource departments are constantly challenged with solving new problems presented by the changing composition of the workplace. This is particularly true this year and for the upcoming years as Baby Boomers, those…more

Best Management Practices, Human Resources Professionals, Law Practice Management, Young Lawyers

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The Clock is Ticking on the SEC’s MCDC Initiative - Limited Self Reporting Window Closes September 9, 2014

The U.S. Securities and Exchange Commission (the “SEC”) has announced its Municipalities Continuing Disclosure Cooperation Initiative (the “MCDC Initiative”) for municipal issuers, conduit borrowers, other obligated persons…more

Compliance, Disclosure Requirements, MCDC, SEC, Self-Reporting

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West Virginia Product Liability Law Monograph

Morningstar v. Black & Decker Manufacturing Co. - In 1979, the West Virginia Supreme Court of Appeals decided Morningstar v. Black & Decker Manufacturing Co., the leading case in West Virginia product liability law. 253…more

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Doing Business with Corporate Entities: Lessons to Learn From a Deal Gone Bad

At its core, each business’s goal is usually the same – generating profits. This is true whether a business manufactures auto parts, provides medical services, or stages a traveling circus. Accordingly, a primary objective of…more

Debt Collection

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West Virginia Product Liability Law Monograph

Morningstar v. Black & Decker Manufacturing Co. - In 1979, the West Virginia Supreme Court of Appeals decided Morningstar v. Black & Decker Manufacturing Co., the leading case in West Virginia product liability law. 253…more

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Will Google Break the GPL?

The subject of open source licensing has created a level of uncertainty amongst companies, especially with General Public License (GPL) or GPL derivatives when it comes to intellectual property restrictions on coded data. The…more

General Public Licenses, Google, Licenses, Open Source Software, Oracle

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Year End Planning for a Prosperous New Year

As you make your holiday plans and prepare to ring in the New Year, it is also a great time to review your estate and tax plan. The following estate and tax planning tips may be useful in ensuring that your family has a…more

529 Plans, Capital Gains, Estate Planning, FSA, Required Minimum Distributions

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Options to Repurchase Property – A Cautionary Tale on Drafting

A recent Ohio Court of Appeals decision highlights the importance of careful drafting in real estate documents and the need for due diligence in property transactions. Sellers of land sometimes intend to reserve a right to…more

Contract Drafting, Foreclosure, Privity of Contract, Real Estate Market, Repurchases

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Congress Amends the Medicare Secondary Payer Act

On December 31, 2012, Congress sent the Medicare IVIG Access and Strengthening Medicare and Repaying Taxpayers Act (“the Act”) of 2012 to President Barack Obama for signature. The Act had strong bipartisan support, passing in…more

CMS, Medicare, Medicare Secondary Payer Act, Reporting Requirements, Right To Appeal

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New Law Expected to Benefit Thousands of Military Families - Regulations go into Effect March 8th

More than 43,000 employees will take advantage of new benefits under the Family and Medical Leave Act (“FMLA”), according to the U.S. Department of Labor. In the National Defense Authorization Act for Fiscal Year 2010, Congress…more

Airline Employees, Flight Crews, FMLA, Military Caregiver Leave, Military Service Members

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SEC Extends the MCDC Initiative Self Reporting Deadline

The Securities and Exchange Commission (“SEC”) just announced modified provisions of the Municipal Continuing Disclosure Cooperation Initiative (“MCDC Initiative”) that extends the self-reporting period for issuers and conduit…more

Deadlines, Disclosure Requirements, MCDC, Municipal Securities Issuers, Municipalities

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Personnel Deadlines For the 2014-2015 School Year

Reassignment of surplus personnel: When actual student enrollment in a grade level or program, unforeseen before March 1, 2014, permits the assignment of fewer teachers or service personnel to or within a school, the county…more

Deadlines, Public Schools

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San Allen Decision on Ohio BWC Group Rating Affirms Trial Court

The Ohio Bureau of Workers’ Compensation’s appeal of a Cuyahoga County judge’s decision awarding $860 Million in damages to a class of employers has been rejected by the Court of Appeals. “Reduced to its irreducible essence,…more

Appeals, Damages, Insurance Rates, Premiums

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Take a Lesson from the Squirrels

As we enter into autumn, we see the leaves change colors and the squirrels prepare for winter. We may want to take a lesson from the squirrels and put some extra funds aside in anticipation of any extra tax burden that may come…more

3.8% Medicare Tax, Health Insurance Tax, Income Taxes, Medicare

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Senate Approval of Marketplace Fairness Act Seems Imminent

What is the Marketplace Fairness Act? - For years, most Americans have been aware of an apparent sales tax loophole. If a consumer buys a television set at a brick and mortar store, sales tax will be due on the purchase…more

Internet, Internet Retailers, Marketplace Fairness Act, Proposed Legislation, Sales & Use Tax

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West Virginia Product Liability Law Monograph

Morningstar v. Black & Decker Manufacturing Co. - In 1979, the West Virginia Supreme Court of Appeals decided Morningstar v. Black & Decker Manufacturing Co., the leading case in West Virginia product liability law. 253…more

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EPA Re-gains “Green Light” to Regulate Permitting Procedures - D.C. Circuit overturns lower court decisions on EPA permitting procedures

Two district court orders declaring the federal Environmental Protection Agency acted illegally when it implemented certain permitting procedures for coal mining operations have been vacated by a federal court of appeals…more

Clean Water Act, Coal Mines, Environmental Policies, EPA, Mining

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Are Your Company’s Consumer Terms and Conditions Enforceable?

Internet giant Paypal recently joined Sony, Microsoft, and Netflix to become one of the latest major companies to include a provision banning consumer class actions in its terms of service. Such waivers now frequently appear in…more

Class Action, Consumer Service Agreements, Internet Service Providers, Mandatory Arbitration Clauses, Terms and Conditions

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West Virginia Bankruptcy Courts Split on When Foreclosure Sale is Final

Lenders that exercise their rights to foreclose upon collateral are often met with a bankruptcy filing near or shortly after the date of sale. Obviously, if a lender learns of a bankruptcy prior to the foreclosure, the sale…more

Consumer Bankruptcy, Foreclosure, Mortgages

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Despite Ruling Against Business Owner, Ky. Supreme Court Upholds Important Protection for Single-Owner Entities

Most Kentucky business owners know that owning their business through a formal entity, such as a corporation or limited liability company (LLC) has certain advantages. Many also know that to realize those advantages, they must…more

Business Ownership, Corporate Veil, LLC, Personal Liability, Small Business

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Evolving Concepts of Discrimination in the Workplace

Shifts in attitudes and changing social mores impact workplace dynamics in ways that are difficult to measure. In some instances, a change in social customs gives rise to the need for new laws, regulations or policies affecting…more

Compliance, Discrimination, EEOC, Employer Liability Issues, ENDA

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San Allen Decision on Ohio BWC Group Rating Affirms Trial Court

The Ohio Bureau of Workers’ Compensation’s appeal of a Cuyahoga County judge’s decision awarding $860 Million in damages to a class of employers has been rejected by the Court of Appeals. “Reduced to its irreducible essence,…more

Appeals, Damages, Insurance Rates, Premiums

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West Virginia Product Liability Law Monograph

Morningstar v. Black & Decker Manufacturing Co. - In 1979, the West Virginia Supreme Court of Appeals decided Morningstar v. Black & Decker Manufacturing Co., the leading case in West Virginia product liability law. 253…more

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Choosing a Winner: Knowing sweepstakes and contest laws up front can prevent future problems

Illinois Court Rules that Contest Sponsor’s Use of Entrant’s Image is a Violation of the State’s Publicity Acts - An Illinois court recently found that a contest sponsor’s publication of images violated the Illinois Right…more

Advertising, Confidentiality, Contests & Promotions, COPPA, FTC

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SEC Cracks Down on Unregistered Broker-Dealers in Private Offerings

The Securities and Exchange Commission (SEC) staff appears to be focusing on the broker-dealer registration issue in the context of private securities marketing activities. Recent SEC enforcement actions demonstrate there are…more

Broker-Dealer, General Solicitation, JOBS Act, Private Placements, Rule 506 Offerings

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Department of Labor Requests Clarification on Form 5500

Have you received an email from the Department of Labor recently? If not, you may. The Department has recently begun a program to identify whether employee “welfare benefit plans” (typically, group health plans) have filed a…more

DOL, ERISA, Filing Requirements, Form 5500

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Future of the Affordable Care Act in Jeopardy in Many States

A same-day split decision has created an uncertain future for the Patient Protection and Affordable Care Act (ACA). On Tuesday, two Circuit Courts reached differing conclusions on the availability of premium subsidies for the…more

Affordable Care Act, Halbig v Burwell, Healthcare, Healthcare Reform, IRS

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Your Counterparty Breaches: Can the Court Force Them to Pay Before Judgment?

Businesses often request legal assistance with breach of contract disputes. They say that there can be no doubt that their counterparty breached their contract, and they know that they are entitled to damages for the breach. But…more

Breach of Contract, Final Judgment

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Ohio BWC Changes to Advance Payments, Gives Eight Months of Coverage Free

The Bureau of Workers’ Compensation just announced the timetable for moving to a modernized prospective payment system. As state fund employers are well aware, Ohio workers’ compensation premium is one of the few bills paid…more

Workplace Injury

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Alert to all Employers: Do not Miss the October 1, 2013 ACA Marketplace Notice Deadline.

Employers—regardless of size—need to prepare to notify all current employees, part-time and full-time, of the availability of health insurance coverage from the new health insurance exchanges (the “Marketplace”) created by the…more

Affordable Care Act, Deadlines, Employer Mandates, Health Insurance Exchanges, Healthcare

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The Bradford Hill Criteria: The Forgotten Predicate

Introduction - In product liability litigation, the determinants of causation between an agent and a disease are frequently a critical issue. In 1965 Sir Austin Bradford Hill, a British epidemiologist and statistician,…more

Bradford Hill Criteria, Causation, Daubert Standards, Epidemiological Evidence, Evidence

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Staying Ahead of the Curve As You Expand Your Workforce

As seen in The Goods published by the Kentucky Association of Manufacturers. Based on the recently conducted 2012 Annual Manufacturing Wage and Benefit Survey, 52% of Kentucky manufacturers plan to hire between one and 19…more

Criminal Background Checks, Drug Testing, EEOC, Manufacturers, USERRA

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Judicial Scrutiny, Proposed Settlements and Avoiding Settlement Rejections

In August 2012, the Federal Mine Safety & Health Review Commission (“FMSHRC”), the body that oversees the legal administration and review process of contested violations by mine operators, determined that Commission…more

ALJ, Black Beauty Coal, Coal Mines, FMSHRC, Judicial Settlement Agreements

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Preparing for the 2014 Proxy Season

With the proxy and annual reporting season just around the corner, public companies need to be alert to this year’s regulatory developments. Below is a summary of current and anticipated changes that may impact reporting…more

Dodd-Frank, Nasdaq, NYSE, Proxy Season, SEC

See All Updates »

Ohio Physician Assistants and Advance Practice Nurses Now Permitted to Admit Patients to Hospitals

As the prevalence of physician extenders continues to grow to meet patient demand, so does their scope of practice. Effective May 20, 2014, Ohio law now permits physician assistants, certified nurse practitioners,…more

Healthcare, Healthcare Professionals, Hospitals, Physicians

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Borrower Beware: Loan Transactions can be a Taxable Event for U.S. Corporations that have Foreign Subsidiaries

A loan transaction is generally not thought of as resulting in a taxable event. But it can if the borrower is a U.S. corporation (U.S. Co.) with a foreign subsidiary (FS). More specifically, a loan transaction can trigger a…more

Foreign Corporations, Foreign Subsidiaries, Loans, Money Transfer, Transfer Taxes

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Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Military Law
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • D.C.
  • Kentucky
  • Ohio
  • Pennsylvania
  • West Virginia
Number of Attorneys

400+ Attorneys

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