Dinsmore & Shohl LLP

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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

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Gregory Adams

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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Susan Allison

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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Matthew Arend

Government Releases New Tool to Assist with HIPAA Security Rule Risk Assessments

The Office of Civil Rights (OCR), in collaboration with the HHS Office of the National Coordinator for Health Information Technology (ONC) and the Office of General Counsel (OGC), released a new security risk assessment (SRA)…more

Data Protection, HHS, HIPAA, OCR

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J. Corey Asay

Another Background Check Pitfall? Following a State Law Mandate to Conduct Background Checks May Not Be a Defense in Title VII Disparate Impact Cases

Adding to last year’s EEOC criminal background check guidance, Minnesota’s recent background check restrictions, and some other federal precedents, in Waldon v. Cincinnati Public Schools, the U.S. District Court for the Southern…more

Criminal Background Checks, Discrimination, Disparate Impact, EEOC, Hiring & Firing

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Jessica Bauml

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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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

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Stacey Borowicz

Third-Party Technology Must Comply With HIPAA

Now more than ever, healthcare providers are looking to outsource their standard healthcare functions, such as medical record storage, to third party technology companies. Be mindful that any technology that stores or transmits…more

Data Protection, HIPAA, Outsourcing

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Simi Botic

Update: Federal Government Aggressively Pursuing Health Care Fraud

The July 2013 alert, Federal Government Aggressively Pursuing Health Care Fraud, stressed the importance of self-audits for health care providers. With the Obama administration taking a hard-line approach to repeat offenders and…more

Enforcement, Enforcement Actions, Healthcare, Healthcare Fraud

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Kevin Braig

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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Kristy Britsch

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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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

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Scott Budnick

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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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

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Katherine Capito

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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Mark Carter

College Athletes are Deemed “Employees” and May Form Unions

Ruling could impact both private and publicly-held institutions - On March 26, 2014 NLRB Regional Director Peter Sung Ohr found the Northwestern University football players who held scholarships are “employees” and may…more

College Athletes, NLRB, Unions

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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

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Anjali Chavan

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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Richard Clay

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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Harvey Cohen

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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Max Corley, III

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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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

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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

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Ross Currie

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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Laura D'Angelo

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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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

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Allison Davis

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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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

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Douglas Feichtner

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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Andrew Gammill

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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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

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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

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Michael Glassman

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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Allison Goico

Fifth Circuit Joins Other Federal Circuits and Rejects NLRB’S Refusal to Enforce Collective Action Waiver

The Fifth Circuit weighed in yesterday on the ongoing discussion among courts regarding the enforceability of class/collective action waivers. While federal appellate courts have upheld collective action waivers and rejected the…more

Class Action, Class Action Arbitration Waivers, Collective Actions, D.R. Horton, D.R. Horton v NLRB

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Michael Gray

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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Ryan Green

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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Christopher Hammond

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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Nicole Hanna

Treasury Issues Final Regulations Which Delay Employer Mandate - Applicable to Businesses With Less than 100 Employees

The Obama Administration initially delayed the imposition of the employer “shared responsibility” payment (applicable under Internal Revenue Code section 4980H) which required all employers with greater than 50 employees to…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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

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Gabor Helembai

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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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

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Charles Hertlein, Jr.

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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Thomas Hess

Update: Federal Government Aggressively Pursuing Health Care Fraud

The July 2013 alert, Federal Government Aggressively Pursuing Health Care Fraud, stressed the importance of self-audits for health care providers. With the Obama administration taking a hard-line approach to repeat offenders and…more

Enforcement, Enforcement Actions, Healthcare, Healthcare Fraud

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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

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Karen Hockstad

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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Jerrad Howard

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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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

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Kerry Irwin

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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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

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Susan Jackson

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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Katie Jacob

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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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

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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

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Andrew Kwiatkowski

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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David Lavan

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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Colleen Lewis

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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Jason Long

FOIA Requests: Boards of Education May Now Impose an Hourly Search Fee

A recent decision by the West Viginia Supreme Court of Appeals has now paved the way for public bodies, including boards of education, to impose a reasonable hourly search fee for Freedom of Information Act (FOIA) requests…more

Board of Education, Fees, FOIA

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Robert Maddox, III

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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Jacob Manning

U.S. Supreme Court Decision Reinstates $185 Million Arbitral Award - Placing New Focus on Clear Prerequisites to Arbitration in Bilateral Investment Treaties

In an opinion issued in BG Group PLC v. Republic of Argentina, 134 S. Ct. 1198 (2014), the United States Supreme Court found that a prerequisite to arbitration was a procedural issue to be decided by the arbitration panel and…more

Arbitration, Arbitration Awards, BG Group v Republic of Argentina, Bilateral Investment Treaties, Commercial Contracts

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Michael Mattingly

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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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

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Kyle Melloan

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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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

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Jennifer Mitchell

Government Releases New Tool to Assist with HIPAA Security Rule Risk Assessments

The Office of Civil Rights (OCR), in collaboration with the HHS Office of the National Coordinator for Health Information Technology (ONC) and the Office of General Counsel (OGC), released a new security risk assessment (SRA)…more

Data Protection, HHS, HIPAA, OCR

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Mary Newman

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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Brendan O'Reilly

Durable Power of Attorney Health Care Law Amended to Allow Immediate Access to Health Information

Recent changes to the durable power of attorney health care (“DPAHC”) law went into effect on March 20, 2014. Previously, an executed DPAHC would not operate to authorize the attorney in fact to obtain the principal’s…more

Durable Power of Attorney, EHR, Healthcare, Nursing Homes, PHI

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Sujyot Patel

FHA Low Income Housing Tax Credit Pilot Program Revisions

In February 2012, the United States Department of Housing and Urban Development (HUD) launched the FHA Low Income Housing Tax Credit Pilot program under the mandate of the Housing and Economic Recovery Act of 2008 for the…more

Affordable Housing, Fair Housing Act, HUD, Tax Credits

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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

Emotional Injury Claims, Workplace Injury

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Denise Pettijohn

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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Eric Plinke

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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Andrew Polesovsky

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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Christopher "Kip" B. Power

West Virginia Legislature Passes Comprehensive Aboveground Storage Tank Bill and Amends Public Water Supply Laws

On March 8, 2014, the West Virginia Legislature passed a comprehensive bill, primarily in response to the Jan. 9, 2014 leak of fluid containing 4- Methylcyclohexane Methanol (MCHM) from an aboveground storage tank into the Elk…more

Storage Tanks, Utilities Sector, Water, Water Supplies

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Michael Proctor

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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J. Quinn

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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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

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Paul Reynolds

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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Vanessa Rogers

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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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

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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

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Jill Scherff

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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Joanne Schreiner

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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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

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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

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Denise Spatafore

FOIA Requests: Boards of Education May Now Impose an Hourly Search Fee

A recent decision by the West Viginia Supreme Court of Appeals has now paved the way for public bodies, including boards of education, to impose a reasonable hourly search fee for Freedom of Information Act (FOIA) requests…more

Board of Education, Fees, FOIA

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Lee Stautberg

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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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

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Robert Stonestreet

Federal Court Ruling Creates Effluent Limit Paradox - Violations may lead to suits, penalties under Clean Water Act

A federal judge in West Virginia ruled on March 31, 2014 that holders of water discharge permits, known as NPDES permits, must comply with water quality standards for parameters that the permit only requires to be monitored. In…more

Clean Water Act, Department of Environmental Protection, Storm Water

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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

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David Thomas

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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David Treacy

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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Sadhna True

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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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

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R. Warner Off

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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Steven Watts

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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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

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David Whaley

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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Rebecca Wichard

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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George Wilkinson

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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Tyler N. Williams

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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Frank Woodside, III

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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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

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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

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Susan B. Zaunbrecher

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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Daniel Zinsmaster

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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Philip Zukowsky

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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