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Michael Abate	Proposed E-Commerce Taxation Bill Might be Unconstitutional Much attention has been paid to the Marketplace Fairness Act currently under consideration in Congress. Understandably, that coverage has focused on whether the bill, which would permit states to require out-of-state businesses…more Dormant Commerce Clause, Due Process, E-Commerce, Marketplace Fairness Act, PACT Act	See All Updates »
Gregory Adams	Changes to US Immigration “Form I-94” -- What Foreign Nationals (and Their U.S. Employers) Need to Know Introduction - For decades, U.S. immigration officers issued a Form I-94 Arrival/Departure Record to almost all foreign nationals who lawfully entered the United States as nonimmigrants.1 The I-94 is a paper form that a…more Automation Systems, Customs and Border Protection, Foreign Nationals, Form I-94, Immigrants	See All Updates »
Matthew Arend	CMS Shines Light on Financial Relationships with Final Physician Payment Sunshine Act Rule On February 8, 2013, the final Physician Payment Sunshine Act (“Sunshine Act”) rule, issued by the Centers for Medicare and Medicaid Services (“CMS”) will be published. The arrival of this final rule has been much anticipated by…more Affordable Care Act, Biologics, CMS, Covered Recipients, Drug Manufacturers	See All Updates »
Thomas Bonasera	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 »
Stacey Borowicz	Tips to Prepare for a CMS Electronic Health Record Meaningful Use Audit In an effort to improve patient care, the Centers for Medicare and Medicaid Services (“CMS”) established electronic health record (“EHR”) Incentive Programs, which provide financial incentives for the “meaningful use” of…more Audits, CMS, Compliance, Electronic Medical Records, Healthcare	See All Updates »
Simi Botic	Tips to Prepare for a CMS Electronic Health Record Meaningful Use Audit In an effort to improve patient care, the Centers for Medicare and Medicaid Services (“CMS”) established electronic health record (“EHR”) Incentive Programs, which provide financial incentives for the “meaningful use” of…more Audits, CMS, Compliance, Electronic Medical Records, Healthcare	See All Updates »
Kevin Braig	Bingo: Casino’s Federal License is A Shield Against Public Nuisance Claim The State of Alabama filed suit on February 19, 2012, attempting to shut down four casinos it contends are illegal. Three Indian gambling centers and VictoryLand – one of the state’s largest racetracks and casinos and a target…more Attorney Generals, Casinos, Gambling, Indian Gaming, Indian Gaming Regulation Act	See All Updates »
J. David Brittingham	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	See All Updates »
Scott Budnick	Benefit Corporations: A New Way Forward? Originally published in Bar Briefs by the Louisville Bar Association on January 2, 2013. Are you a civic-minded entrepreneur looking to turn a profit and make a social difference at the same time? Are you a consumer who…more Benefit Corporations, Board of Directors, Corporate Social Responsibility, Fiduciary Duty, Revlon Standard	See All Updates »
Curtis Capehart	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	See All Updates »
Mark Carter	D.C. Circuit Vacates Controversial “Mandatory Posting” Rule On May 7, 2013 the D.C. Circuit Court of Appeals vacated the controversial “mandatory posting” rule implemented by the National Labor Relations Board on August 30, 2011. National Association of Manufacturers, et al. v. NLRB, No…more NLRA, NLRB, Notice Requirements, Statute of Limitations	See All Updates »
Frederick Caspar	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 »
Anjali Chavan	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, Disability Discrimination, Discrimination, Gun Laws, Mass Shootings	See All Updates »
Staci Norman Criswell	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 »
D. Michael Crites	The Real FCPA Guide: 35 years in the Making - “Non-Binding” Foreign Corrupt Practices Act Resource Useful to Companies Competing Globally More than 35 years after becoming law, the Criminal Division of the United States Department of Justice and the Enforcement Division of the Securities and Exchange Commission released their long-awaited guidance on the…more Anti-Bribery, Anti-Corruption, Compliance, DOJ, FCPA	See All Updates »
Laura D'Angelo	Kentucky Update: Instant Racing While the Kentucky legislature continues to debate the issue of expanded gaming without progress, two Kentucky horse racing tracks – Kentucky Downs and Ellis Park – offer their patrons “Instant Racing”, or wagering on historical…more Gambling, Gaming, Horse Racing	See All Updates »
Michael Dailey	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	See All Updates »
Caroline E. Diwik	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	See All Updates »
Peter Georgiton	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	See All Updates »
Kevin R. Ghassomian	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	See All Updates »
Michael Gray	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	See All Updates »
Nicole Hanna	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	See All Updates »
Michael Hawkins	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, Disability Discrimination, Discrimination, Gun Laws, Mass Shootings	See All Updates »
Michael J. Henry	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	See All Updates »
Charles Hertlein, Jr.	New SEC Identity Theft Red Flag Regulations Call Attention to Investment Advisers It is probably fair to say most registered investment advisers, at least those below a certain size, did not pay a great deal of attention to the anti-identity theft, or “red flag” rules jointly adopted by the Federal Trade…more CFTC, FCRA, Identity Theft, Investment Adviser, Red Flags Rule	See All Updates »
Thomas Hess	CMS Clarifies Physician Delegation of Tasks in SNFs and NFs The Centers for Medicare and Medicaid Services (“CMS”) released an important instruction for physicians, non-physician practitioners (“NPPs”) and providers who bill for services provided in skilled nursing facilities (SNFs) and…more Billing, CMS, Healthcare, Healthcare Professionals, NFs	See All Updates »
Jason Hilliard	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	See All Updates »
Jerrad Howard	Benefit Corporations: A New Way Forward? Originally published in Bar Briefs by the Louisville Bar Association on January 2, 2013. Are you a civic-minded entrepreneur looking to turn a profit and make a social difference at the same time? Are you a consumer who…more Benefit Corporations, Board of Directors, Corporate Social Responsibility, Fiduciary Duty, Revlon Standard	See All Updates »
Tammy Imhoff	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	See All Updates »
Kerry Irwin	Kentucky Update: Instant Racing While the Kentucky legislature continues to debate the issue of expanded gaming without progress, two Kentucky horse racing tracks – Kentucky Downs and Ellis Park – offer their patrons “Instant Racing”, or wagering on historical…more Gambling, Gaming, Horse Racing	See All Updates »
Christopher Jackson	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	See All Updates »
Jesse Jenike-Godshalk	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	See All Updates »
Joshua Stevens	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	See All Updates »
Jason Long	Work Session, Discussion, or Board “Meeting” - A Slippery Slope Boards of education often wish to gather together to “touch base” with members of their community or merely wish to discuss and work through issues they are facing, without any intention to take official board action or have a…more Board of Education Meeting	See All Updates »
Michael Mattingly	11th Circuit Grounds U.S. Air Force Reservist’s USERRA Claim On April 5, 2013 the U.S. Court of Appeals for the 11th Circuit issued its opinion in Landolfi v. Melbourne1, holding that although an employee’s military service motivated the employer’s promotion decisions, his Uniformed…more Compliance, Discrimination, Documentation, Employer Liability Issues, Job Promotions	See All Updates »
Haley McCauley	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	See All Updates »
Jennifer Miller	Does the First Sale Rule Apply to Works Manufactured Outside the United States? Under the Copyright Act, copyright owners are granted the exclusive right to prevent the unauthorized sale or distribution of copies of their works to the public. The first sale doctrine creates an exception to this rule by…more Copyright, eBay, First Sale Doctrine, Kirtsaeng v. John Wiley & Sons, SCOTUS	See All Updates »
Jennifer Mitchell	CMS Shines Light on Financial Relationships with Final Physician Payment Sunshine Act Rule On February 8, 2013, the final Physician Payment Sunshine Act (“Sunshine Act”) rule, issued by the Centers for Medicare and Medicaid Services (“CMS”) will be published. The arrival of this final rule has been much anticipated by…more Affordable Care Act, Biologics, CMS, Covered Recipients, Drug Manufacturers	See All Updates »
Brian Perry	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 Psychological/Emotional Injury Claims, Workplace Injury	See All Updates »
Denise Pettijohn	Appeals Court Reinstates EPA “Veto” Over Corps’ Mining-Related Permit - Mingo Logan decision creates uncertainty in Clean Water Act permitting program In a surprising reversal, on April 23, 2013, the U.S. Court of Appeals for the District of Columbia Circuit overturned a lower court order issued on March 23, 2012, in the case of Mingo Logan Coal Company v. U.S. Envtl. Prot…more Clean Water Act, Coal Mines, Environmental Impact Report, EPA, Mining	See All Updates »
Eric Plinke	New Ohio Law Revisits Issue of Patient Notice of Physician Departure - Ohio House Bill 417 In the midst of the current trend of physician-hospital alignment, and ever-growing numbers of physicians being employed by hospital and health systems, the Ohio General Assembly has passed a new law which changes existing Ohio…more Employment Contract, Patient Notice, Physician Departures, Physicians	See All Updates »
Andrew Polesovsky	Bingo: Casino’s Federal License is A Shield Against Public Nuisance Claim The State of Alabama filed suit on February 19, 2012, attempting to shut down four casinos it contends are illegal. Three Indian gambling centers and VictoryLand – one of the state’s largest racetracks and casinos and a target…more Attorney Generals, Casinos, Gambling, Indian Gaming, Indian Gaming Regulation Act	See All Updates »
Christopher "Kip" B. Power	WVDEP Finalizes Changes to Natural Gas General Permits and Associated Regulations The West Virginia Department of Environmental Protection (WVDEP) is in the midst of finalizing changes to general permits and rules in three (3) different areas pertaining to natural gas production and processing. These new…more Air Pollution, Department of Environmental Protection, EPA, Natural Gas, Permits	See All Updates »
J. Quinn	Using Social Media to Disclose Corporate Facts? On April 2, 2013, the Securities & Exchange Commission issued a Report of Investigation clarifying that a public company may use social media outlets such as Facebook and Twitter to disseminate material information to investors…more Facebook, Investors, Netflix, Public Disclosure, Reed Hastings	See All Updates »
Ryan M. Reardon	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	See All Updates »
Patrick D. Schach	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	See All Updates »
Ria Schalnat	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	See All Updates »
Jill Scherff	Asset Protection Expanded in Ohio Individuals with concerns about preserving their assets from claims of possible future creditors no longer need to move their assets to Delaware, Alaska or offshore in order to protect them. With the enactment of the Ohio Asset…more Asset Protection, Creditors, Homestead Exemption, Ohio Legacy Trust Act	See All Updates »
Steve Schweller	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	See All Updates »
Steven Snyder	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	See All Updates »
Denise Spatafore	Work Session, Discussion, or Board “Meeting” - A Slippery Slope Boards of education often wish to gather together to “touch base” with members of their community or merely wish to discuss and work through issues they are facing, without any intention to take official board action or have a…more Board of Education Meeting	See All Updates »
Lee Stautberg	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 »
Noah Stern	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	See All Updates »
Robert Stonestreet	Appeals Court Reinstates EPA “Veto” Over Corps’ Mining-Related Permit - Mingo Logan decision creates uncertainty in Clean Water Act permitting program In a surprising reversal, on April 23, 2013, the U.S. Court of Appeals for the District of Columbia Circuit overturned a lower court order issued on March 23, 2012, in the case of Mingo Logan Coal Company v. U.S. Envtl. Prot…more Clean Water Act, Coal Mines, Environmental Impact Report, EPA, Mining	See All Updates »
Adrianne Strong	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	See All Updates »
David Treacy	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	See All Updates »
Joan Verchot	Governor’s Proposal Could Give Ohio State Funded Employers Two Billion Dollars Governor Kasich has proposed what could result in a refund of a full-year of premiums to Ohio employers over the next two years. Specifically, he has proposed a $1 billion rebate for the policy year beginning on July 1, 2011 and…more Payment Plans, Premiums, Rebates, State Funding	See All Updates »
Ben Wells	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	See All Updates »
George Wilkinson	Judge McMonagle Awards Damages in San Allen Case Judge McMonagle has awarded damages in the San Allen case. The Judge accepted the plaintiffs’ expert on damages. He awarded $859,440,258.79 after a hearing on the issue of the amount of class action damages for employers who…more Class Action, Damages, Group Rating System, Schwartz Formula	See All Updates »
Tyler N. Williams	Proper Disclosure and Documentation the Focal Point in New HIPAA and Medicare Rules New HIPAA Rule Affects Providers’ Notice of Privacy Practices - The Health Insurance Portability and Accountability Act (“HIPAA”) requires health care providers to inform patients of the providers’ legal duties and the…more Disclosure Requirements, Healthcare, HIPAA, Medicare, PHI	See All Updates »
Catherine Wright	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	See All Updates »
Olen York III	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	See All Updates »
Susan B. Zaunbrecher	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	See All Updates »

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