Author Info for Dinsmore & Shohl LLP

J. Riley Able

DOJ’s New Self-Disclosure Policy and Corporate Whistleblower Awards Pilot Program

?? In this Spotlight on White Collar Defense and Government Investigations, Cincinnati's Lindsay Gerdes explains how the U.S. Department of Justice’s (DOJ) self-disclosure policy encourages companies to voluntarily disclose any…more

Department of Justice (DOJ), Enforcement Actions, Health Insurance, Pilot Programs, Self-Disclosure Requirements

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Alex Albers

Regula Interruptus – Share Repurchase Disclosure Rule Delayed?

The SEC has published its final rule for the modernization of share repurchase disclosures. The final rule will require additional details of an issuer’s share repurchase activity. Unlike the previous requirements for share…more

10b5-1 Plans, Disclosure Requirements, Form 10-K, Form 10-Q, Regulation S-K

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Christopher Begin

Ohio Set to Enter the Dentist and Dental Hygienist Compact and End “Unethical” Dental Insurance Practices

Recently, the Ohio General Assembly passed a bill, Substitute S.B. 40, which will enter Ohio as a party to the new Dentist and Dental Hygienist Compact, and ultimately allow dentists and hygienists practicing in other compact…more

Dental Practice, Ethics, Fees, General Assembly, Health Insurance

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Joseph Beglane

In Decision that Vacates a $96 Million Award, SCOTUS Limits United States Trademark Law’s International Reach

On June 29, 2023, the Supreme Court of the United States handed down its much-anticipated decision in Abitron Austria GmbH, et al. (“Abitron et al.”) v. Hetronic International, Inc. (“Hetronic”) regarding the extraterritorial…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Foreign Sales, Intellectual Property Protection, Lanham Act

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Marisa Bens

More Disclosures Required for Public Companies with the SEC’s New Cybersecurity Rules

The SEC has adopted final rules requiring public companies subject to the reporting requirements of the Securities Exchange Act of 1934, to disclose material cybersecurity incidents and material information regarding their…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Publicly-Traded Companies, Reporting Requirements

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John Berry

Pennsylvania Supreme Court to Consider Potential Expansion of Business Liability Under UTPCPL

The Pennsylvania Supreme Court will soon hear arguments in a case that may have far reaching implications for businesses facing consumer protection claims in the state…more

Competition, PA Supreme Court, Unfair Competition, Unfair or Deceptive Trade Practices

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April Besl

Scam Targets Trademark Owners with False Law Firm Solicitations

Those who have filed a trademark application before are likely already familiar with the high number of scams related to trademark registrations. These scams have been growing in sophistication and arise at every phase of the…more

Intellectual Property Protection, Trademark Application, Trademark Infringement, Trademark Registration, Trademarks

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Ivan Bilaniuk

Nearshoring: Mexico Aims to be the New “El Dorado” for Doing Business Abroad

Mexico has just announced significant tax incentives for companies in certain key industries to relocate operations to Mexico. A government decree issued on October 11, 2023 seeks to boost the nearshoring trend targeting ten…more

Corporate Counsel, Manufacturers, Mexico, NAFTA, Tax Incentives

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Edward Boll, III

Spotlight on Financial Services- Consumer bankruptcy

Spotlight on Financial Services | Things happen very quickly in consumer bankruptcy filings. Dinsmore attorneys Edward J. Boll III, Esq. and Shannon O'Connell Egan work on a team that provides clients clear and concise counsel…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Plans, Chapter 13, Chapter 7

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Arlene Boruchowitz

Supreme Court Declines to Resolve $50 Million Genius Lawsuit that Claimed Google Copied its Website Content

The Supreme Court of the United States has denied a plea to resolve a 20-year circuit split regarding the extent to which the Copyright Act preempts private contracts involving a promise not to copy digital content. The case…more

Breach of Contract, Copyright, Google, The Copyright Act

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James Boyers

Show Me the Money: Plan Now or Be Prepared to Pay More Later

Every construction project comes with unexpected challenges and potentially costly setbacks, but many can be avoided with proper pre-planning. The experienced construction law attorneys at Dinsmore have provided a blueprint of…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Contractors

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Michael Bronson

Why Time Matters: Partners Lindsay Gerdes and Michael J. Bronson on Swift Action in Government Investigations

?? In this Spotlight on White Collar Defense and Government Investigations, listen as partners Lindsay Gerdes and Michael J. Bronson discuss why time is of the essence when you’ve been contacted by a government agency. Clients…more

Compliance, Corporate Governance, Corporate Management, Ethics, Government Investigations

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Jared Bruce

Blackbaud Reaches $49.5 Million Multistate Settlement Over Data Breach

Last week, 49 state attorneys general announced a $49.5 million settlement with Blackbaud, Inc. (Blackbaud) over the software company’s data-security practices and its response to a breach in 2020 that exposed the personal…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

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Jared Buker

Sixth Circuit Rejects Two-Step Collective Certification Process in FLSA Suits

In a welcomed change to a class certification process that has long favored plaintiffs, the Sixth Circuit’s May 19, 2023 decision in Clark/Holder v. A&L Homecare and Training Center, LLC adopts a new standard for certifying Fair…more

Class Action, Class Certification, Collective Actions, Employer Liability Issues, Employment Litigation

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Justin Burns

Supreme Court Issues Warning for Public Officials Using Social Media

“Public service is a noble calling” that requires great sacrifice, often requiring public officials to surrender personal conveniences in favor of public business. An off-duty police officer jumps into action when there is…more

First Amendment, Free Speech, Online Platforms, SCOTUS, Social Media

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Timothy Cahill

New Affordable Care Act Final Rule Prohibits Discriminatory Use of AI

The Department for Health and Human Services Office for Civil Rights (“OCR”) recently issued a final rule under Section 1557 of the Affordable Care Act, which prohibits federally funded health programs from discriminating on the…more

Affordable Care Act, Artificial Intelligence, Health Insurance, Non-Discrimination Rules, Section 1557

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Bryan Cockroft

Pennsylvania Court Rules Non-Compete Ban Can Stand

In another update to the Federal Trade Commission’s (the “FTC”) Non-Compete Ban (the “Rule”), a federal judge in Pennsylvania ruled against ATS Tree Services, LLC v. Federal Trade Commission, et al. denying ATS’ motion for a…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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H. Devon Collins

Split in the Courts: Federal Court in Pennsylvania Rules in Favor of FTC's Non-Compete Rule

Three months ago, the Federal Trade Commission (FTC) adopted a final rule to broadly ban employers from enforcing non-compete clauses against employees. In the weeks following the announcement, three lawsuits have been filed…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Beth Collis

New Regulation Now Requires Ohio Nurses To Self-Report Criminal Convictions Within 30 Days

For many years, nurses in Ohio were only required to disclose convictions to the Ohio Board of Nursing on their biennial license renewal application. However, a new regulation from the Ohio Board of Nursing now requires…more

Criminal Convictions, Health Care Providers, Nurses, Reporting Requirements

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Todd Collis

Ohio Legislature Cultivating Medical Marijuana Access Expansion

Ohio legislators are once again attempting to transform the state’s medical marijuana control program after a similar effort stalled out last year. Proponents of the proposed legislation, Senate Bill 9, seek to expand medical…more

Decriminalization of Marijuana, Dispensaries, Healthcare, Legislative Agendas, Marijuana

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Rebecca Conrad

Ohio Supreme Court Allows Workplace Cities to Tax Remote Workers During COVID

The Ohio Supreme Court upheld a temporary Ohio law providing that income earned by remote workers would be taxed by the municipality that was their principal place of work, rather than the municipality where they actually…more

Income Taxes, Remote Working, Tax Liability, Tax Planning

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Jill Cranston Rice

West Virginia Department of Health and Human Resources to be Split – Trisected, Trifurcated, and now, Trilateral

The Department of Health and Human Resources (“DHHR”) was West Virginia’s largest executive agency until the Legislature passed House Bill 2006 earlier this month. For several years now, West Virginia lawmakers have been looking…more

Administrative Agencies, Healthcare, Regulatory Oversight, State and Local Government

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Anna Dailey

[Hybrid Event] Continuing Legal Education Seminar - Credits & More 2023 - December 1st, Columbus, OH

Join Dinsmore attorneys, along with our distinguished guest speakers, for guidance and insight on timely, cutting-edge topics impacting the legal profession and business. You can attend this event either in-person or virtually…more

Artificial Intelligence, Career Development, Continuing Legal Education, Decriminalization of Marijuana, Employer Liability Issues

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Michael Dailey

Navigating the New Federal Workplace Rules

Banks of all sizes should take note of these changes and update policies and procedures to avoid running afoul of new rules and regulations. Here is an overview of some notable changes that have taken place in recent months…more

Banks, Department of Labor (DOL), Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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Pablo Davis

Recent Trio of Eighth Amendment Challenges to FCA Judgments Includes Two Successes; Lack of Uniformity Across Courts Remains

So far this year, three False Claims Act defendants have challenged judgments against them based on the Excessive Fines Clause of the Eighth Amendment. Remarkably, two were successful, as the District of Minnesota more than…more

Civil Monetary Penalty, Eighth Amendment, Excessive Fines Clause, False Claims Act (FCA), Treble Damages

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Michelle Duncan

[Hybrid Event] Continuing Legal Education Seminar - Credits & More 2023 - December 1st, Columbus, OH

Join Dinsmore attorneys, along with our distinguished guest speakers, for guidance and insight on timely, cutting-edge topics impacting the legal profession and business. You can attend this event either in-person or virtually…more

Artificial Intelligence, Career Development, Continuing Legal Education, Decriminalization of Marijuana, Employer Liability Issues

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Ashley Durner

Ohio Set to Enter the Dentist and Dental Hygienist Compact and End “Unethical” Dental Insurance Practices

Recently, the Ohio General Assembly passed a bill, Substitute S.B. 40, which will enter Ohio as a party to the new Dentist and Dental Hygienist Compact, and ultimately allow dentists and hygienists practicing in other compact…more

Dental Practice, Ethics, Fees, General Assembly, Health Insurance

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Mary Edenfield

Texas Court Revives Viability of Healthcare Non-Competes

On August 20, 2024, the United States District Court for the Northern District of Texas blocked the Federal Trade Commission's ("FTC") rule that would have banned most existing non-compete agreements and prohibited new ones,…more

Employer Liability Issues, Employment Contract, Healthcare Workers, Non-Compete Agreements, Restrictive Covenants

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Matthew Epstein

The More You Claim, The More You Must Enable: SCOTUS Delivers Amgen v. Sanofi Opinion

In May, the Supreme Court of the United States handed down its decision in Amgen Inc. v. Sanofi, which addressed the statutory enablement requirement for patents. The decision is consistent with ongoing efforts to strike a…more

Amgen, Enablement Inquiries, Intellectual Property Protection, Patent Litigation, Patents

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Joseph Fabbi

Future of IRS Authority in Question After Supreme Court Overturns Chevron Doctrine

The Supreme Court has overturned the Chevron Doctrine--a four decade-old ruling that enabled Federal agencies, including the Internal Revenue Service (“IRS”), to interpret ambiguous laws passed by Congress, and to have such…more

Chevron Deference, Government Agencies, IRS, Judicial Authority, Loper Bright Enterprises v Raimondo

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Melissa Fann

New Penalties Loom for Blocking Access to Patient Health Data

On July 1, 2024, the U.S. Department of Health and Human Services (HHS) released a final rule outlining financial penalties, referred to as “disincentives” throughout the rule, for healthcare providers that engage in conduct…more

Department of Health and Human Services (HHS), Health Care Providers, Information Blocking Rules, OIG, PHI

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Kiera Finelli

Ohio Voters Pass Reproductive Freedoms Amendment to State Constitution

On November 7, 2023, Ohio voters passed Issue 1, the Right to Reproductive Freedom with Protections for Health and Safety, to establish the constitutional right to certain reproductive decisions. The new right will be enshrined…more

Abortion, Contraceptives, Reproductive Healthcare Issues, State and Local Government, State Constitutions

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Lauren Fletcher

DOJ’s New Self-Disclosure Policy and Corporate Whistleblower Awards Pilot Program

?? In this Spotlight on White Collar Defense and Government Investigations, Cincinnati's Lindsay Gerdes explains how the U.S. Department of Justice’s (DOJ) self-disclosure policy encourages companies to voluntarily disclose any…more

Department of Justice (DOJ), Enforcement Actions, Health Insurance, Pilot Programs, Self-Disclosure Requirements

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Eric Fox

U.S. District Court: The Corporate Transparency Act is Unconstitutional…for Some Businesses

On January 1, 2024, regulations implementing the Corporate Transparency Act (“CTA”) became effective, triggering new reporting obligations for many entities conducting business within the United States. The Final Rule, published…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Laura Fryan

Prescribing Security: Why Healthcare Companies Should Take Note of Recent Ransomware Attack

At any hour, your company is vulnerable to cybercriminals aiming to cripple your operations. The repercussions are vast, from productivity loss to compromising sensitive information, which erodes trust with customers and…more

Cybersecurity, Data Privacy, Data Security, Health Insurance Portability and Accountability Act (HIPAA), Ransomware

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Karen Gaunt

A Cautionary Tale of Taking the Preliminary Injunction Gambit with Unclear Trade Secrets

Recently, the U.S. Court of Appeals for the Federal Circuit provided a cautionary tale for trade secret owners who seek preliminary relief against a competitor who hires its former employees but do not clearly articulate the…more

Confidential Information, Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Misappropriation, Trade Secrets

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Hayley Geiler Clancy

The Pregnant Workers Fairness Act May Be Broader Than You Think

The U.S. Equal Employment Opportunity Commission (EEOC) has published its proposed regulations to implement the Pregnant Workers Fairness Act (PWFA) in the Federal Register. The PWFA, which became effective on June 27, 2023,…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act

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Lindsay Gerdes

Why Time Matters: Partners Lindsay Gerdes and Michael J. Bronson on Swift Action in Government Investigations

?? In this Spotlight on White Collar Defense and Government Investigations, listen as partners Lindsay Gerdes and Michael J. Bronson discuss why time is of the essence when you’ve been contacted by a government agency. Clients…more

Compliance, Corporate Governance, Corporate Management, Ethics, Government Investigations

See all updates »

Christopher Ghio

Debtors Doing Illegal Things

Introduction - The United States Trustee Program is part of the United States Department of Justice and oversees the administration of bankruptcy cases, including oversight of panel trustees. When a bankruptcy court grants a…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Debtors, Debtors-in-Possession

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Keeley Gogul

Supreme Court Issues Warning for Public Officials Using Social Media

“Public service is a noble calling” that requires great sacrifice, often requiring public officials to surrender personal conveniences in favor of public business. An off-duty police officer jumps into action when there is…more

First Amendment, Free Speech, Online Platforms, SCOTUS, Social Media

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Christian Gonzalez

Artificial Intelligence – Banking on our Future: How Will AI Impact Community Banks and Who is Willing to Lead the Charge?

Bill Gates said in a blog post: “The development of AI is as fundamental as the creation of the microprocessor, the personal computer, the Internet, and the mobile phone. It will change the way people work, learn, travel, get…more

Artificial Intelligence, Banking Sector, Banks, Financial Institutions, Financial Services Industry

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Allison Griswold

Texas Supreme Court Rules to Foreclose Attorney’s Fees in First Party Appraisal Context

The Supreme Court of Texas has issued its much-anticipated opinion on an open attorney’s fees question in the area of First Party Property appraisals…more

Attorney's Fees, Insurance Industry, Insurance Litigation, TX Supreme Court

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Anne Guillory

Lessons in Liability: What You Need to Know About Remote Riding Lessons

When you think of technological changes, you may not immediately think of the horse industry. Everything is more accessible now, thanks to the internet, and that includes your sport horse trainer and/or students…more

Bodily Injury, Contract Terms, Horseback Riding, Policies and Procedures, Release of Liability

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Krysta Gumbiner

When to Allow or Intervene in Problematic Principal Claim Settlement Negotiations

A surety may allow its bond principal to negotiate settlements with claimants after the surety has received a payment or performance bond claim. The surety must, however, avoid certain pitfalls that may expose it to liability,…more

Dispute Resolution, Litigation Strategies, Settlement Negotiations

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Matthew Gunn

Expansion of Parole in Place for Immediate Relatives to Begin Taking Applications August 19

After the White House announced its New Process to Promote the Unity and Stability of Families, U.S. Citizenship and Immigration Services (USCIS) will begin accepting applications on August 19, 2024. This process will help…more

Citizenship, Green Cards, Immigrants, Immigration Procedures, USCIS

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Yankun Guo

[Hybrid Event] Continuing Legal Education Seminar - Credits & More 2023 - December 1st, Columbus, OH

Join Dinsmore attorneys, along with our distinguished guest speakers, for guidance and insight on timely, cutting-edge topics impacting the legal profession and business. You can attend this event either in-person or virtually…more

Artificial Intelligence, Career Development, Continuing Legal Education, Decriminalization of Marijuana, Employer Liability Issues

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Patrick Hagan

5th Circuit Trims FCA Award as DOJ’s Delayed Intervention Runs into Statute of Limitations; Knocks Seal Provision Misuse

An eight-year delay in the DOJ’s intervention decision in a False Claims Act case led to the loss of more than half of the damages awarded at trial. A divided Fifth Circuit panel determined that the government’s claims did not…more

Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Medicare

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Nathan Hall

Charting a New Path: Parole in Place for Undocumented Spouses of U.S. Citizens

The federal government has announced a new policy that will grant a path to work authorization and legal status for the undocumented spouses of U.S. citizens. The policy, which is known as “parole in place” or “PIP,” is…more

Department of Homeland Security (DHS), Immigrants, Immigration Procedures, Spouses, Visas

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John Hamilton

From Dreams to Deals: Avoiding Pitfalls in Commercial Real Estate Financing

In commercial real estate transactions, time is money, execution is everything and projects generally do not move forward without a mortgage loan. Lenders and their counsel should view a project as if the lender is the eventual…more

Commercial Leases, Commercial Real Estate Market, Financing, Real Estate Financing

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Samantha Hargitt

Dinsmore's Sam Hargitt on working with some of Indianapolis' top developers and investors

In this Spotlight on Real Estate and Development, Samantha (Sam) Hargitt explains the thrill of working with clients on significant projects that shape communities and drive economic growth. As a partner in the Firm’s…more

Community Development, Economic Development, Real Estate Development, Real Estate Investments

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Jazmin Harris

Understanding National Interest Waivers: A Strategic Route Worth Consideration

The National Interest Waiver (“NIW”) is a special provision within the EB-2 employment-based immigration category that allows individuals to bypass the usual labor certification process (“PERM”) required for most…more

EB-2, Foreign Nationals, Foreign Workers, Immigrants, Immigration Procedures

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Kelli Hayes

Smooth Sailing: U.S. Department of State Reports Success with H-1B Visa Renewal Program

The U.S. Department of State (DOS) reports a smooth start and a lower volume of applications than it anticipated when it launched a pilot program in January of 2024. The initiative allowed individuals whose last H-1B visa was…more

Foreign Nationals, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigrants

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Brian Hills

The EEOC Issues its Final Rule on the Pregnant Workers Fairness Act

The United States Equal Employment Opportunity Commission (“EEOC”) has issued a final rule to implement the Pregnant Workers Fairness Act (“PWFA”). The final rule, which aims to provide clarity regarding the protections afforded…more

Americans with Disabilities Act (ADA), Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Noah Holloway

Key Takeaways from the FDIC’s Receiverships of Silicon Valley Bank And Signature Bank

On March 10, 2023, Silicon Valley Bank and Signature Bank were closed by their respective jurisdictions’ financial service agencies due to a high influx of depositors making massive withdrawals in the week prior…more

Banking Crisis, Depository Institutions, FDIC, Financial Institutions, Liquidity

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Brandon Holmes

Inspecting Floors Every 15 Minutes May Defeat a “Constructive Notice” Argument in Florida Slip/Trip and Fall Lawsuits

In a 2023 trip and fall case, the United States District Court for the Middle District of Florida granted summary judgment in favor of Defendant Wal-Mart. Kozlowski v. Wal-Mart Stores E., LP, No. 5:21-cv-261-ACC-PRL, 2023 U.S…more

Bodily Injury, Constructive Notice, Dangerous Condition, Liability, Property Owners

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Laura Holoubek

Lessons in Liability: What You Need to Know About Remote Riding Lessons

When you think of technological changes, you may not immediately think of the horse industry. Everything is more accessible now, thanks to the internet, and that includes your sport horse trainer and/or students…more

Bodily Injury, Contract Terms, Horseback Riding, Policies and Procedures, Release of Liability

See all updates »

Craig Horbus

Safeguard your Business: Dinsmore's Craig Horbus on Combatting the Rising Threat of ACH Fraud

Automated Clearing House (ACH) fraud involves the unauthorized use of the ACH network to transfer funds from a bank account. It poses serious challenges for companies that can lead to substantial financial losses as well as…more

Automated Clearing House (ACH), Cybersecurity, Data Privacy, Financial Institutions, Financial Services Industry

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Andrew Howe

Supreme Court Issues Opinions on Religious Accommodation and Affirmative Action

At the end of its 2023 term, the United States Supreme Court handed down several buzz-worthy decisions. Two opinions may have substantial and lasting impacts on employers and their efforts to promote diversity and inclusion…more

College Admissions, De Minimus Doctrine, Employer Liability Issues, Equal Protection, Groff v DeJoy

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Kurt Hunt

2024 Brings New Cyber-Related Legal Obligations for Banks and Fintech Firms

Fintech companies and their partners are on alert as a flurry of new state and federal cybersecurity requirements take effect. The New York Department of Financial Services (NYDFS) and the Federal Trade Commission (FTC) both…more

Banking Sector, Banks, Cybersecurity, Federal Trade Commission (FTC), FinTech

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Katie Jacob

USCIS Releases H-1B Lottery Information: Registration Process Begins March 6

U.S. Citizenship and Immigration Services (USCIS) released guidance on the Fiscal Year (FY) 2025 H-1B lottery process. The registration system will be open from noon Eastern, March 6, 2024 until noon Eastern, March 22, 2024. The…more

Foreign Workers, H-1B, Immigrants, Immigration Procedures, Lottery

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Lira Johnson

Texas Court Revives Viability of Healthcare Non-Competes

On August 20, 2024, the United States District Court for the Northern District of Texas blocked the Federal Trade Commission's ("FTC") rule that would have banned most existing non-compete agreements and prohibited new ones,…more

Employer Liability Issues, Employment Contract, Healthcare Workers, Non-Compete Agreements, Restrictive Covenants

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Andrew Kwiatkowski

Ohio Appeals Court Ruling Upholds Strict Limits on Timing for Bringing Negligence Claims Against Design Professionals

A recent decision by the Ohio First District Court of Appeals holds the discovery rule does not apply to construction defect claims against design professionals. Generally, the discovery rule means that the applicable statute of…more

Construction Contracts, Construction Defects, Construction Industry, Construction Project, Design Professionals

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Bethany Lahmann

Defeating Obviousness Rejections by Arguing Against Improper Prior Art Modifications

In an opinion issued on June 5, 2023, the Federal Circuit provided a useful framework for overcoming obviousness rejections during patent prosecution, where a proposed modification to a prior art reference renders it…more

Inter Partes Review (IPR) Proceeding, Obviousness, Patent Litigation, Patent Trial and Appeal Board, Patents

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David Lavan

Private Investment Funds: Assess Your Structures and Prepare for Corporate Transparency Act Compliance

Beginning January 1, 2024, companies created or registered in the United States will have to report information about their ownership to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Investment Advisers Act of 1940, Popular

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Kelly Leahy

Texas Court Revives Viability of Healthcare Non-Competes

On August 20, 2024, the United States District Court for the Northern District of Texas blocked the Federal Trade Commission's ("FTC") rule that would have banned most existing non-compete agreements and prohibited new ones,…more

Employer Liability Issues, Employment Contract, Healthcare Workers, Non-Compete Agreements, Restrictive Covenants

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Joseph Leventhal

[Hybrid Event] Continuing Legal Education Seminar - Credits & More 2023 - December 1st, Columbus, OH

Join Dinsmore attorneys, along with our distinguished guest speakers, for guidance and insight on timely, cutting-edge topics impacting the legal profession and business. You can attend this event either in-person or virtually…more

Artificial Intelligence, Career Development, Continuing Legal Education, Decriminalization of Marijuana, Employer Liability Issues

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Ya Li

SEC Enforcement Orders Issued for Employment & Separation Agreement Terms

The SEC issued enforcement orders against three companies for including terms in their employment and separation agreements that violated Rule 21F-17(a) of the Securities Exchange Act of 1942, commonly known as the whistleblower…more

Contract Terms, Employment Contract, Securities and Exchange Commission (SEC), Securities Exchange Act, Securities Regulation

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Brandi Liebing

Ohio Bill Would Ban Practice of Performing Intimate Exams On Anesthetized Patients Without Prior Consent

Ohio lawmakers are considering a bill – House Bill 89 – that would bar medical, nursing, and other medical-professional students from performing pelvic, prostate, or rectal exams on anesthetized or otherwise unconscious patients…more

Health Care Providers, Healthcare, Healthcare Reform, Legislative Agendas, Medical Examinations

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Yosina Lissebeck

Debtors Doing Illegal Things

Introduction - The United States Trustee Program is part of the United States Department of Justice and oversees the administration of bankruptcy cases, including oversight of panel trustees. When a bankruptcy court grants a…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Debtors, Debtors-in-Possession

See all updates »

Jennifer Livingston

The More You Claim, The More You Must Enable: SCOTUS Delivers Amgen v. Sanofi Opinion

In May, the Supreme Court of the United States handed down its decision in Amgen Inc. v. Sanofi, which addressed the statutory enablement requirement for patents. The decision is consistent with ongoing efforts to strike a…more

Amgen, Enablement Inquiries, Intellectual Property Protection, Patent Litigation, Patents

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Jason Long

West Virginia Legislature Advances Bill Protecting Public Access to Meetings

In a busy Legislative Session, one bill passed that may go unnoticed, but will be of help to Boards of Education. Through House Bill 3146, the Legislature adopted the Uniform Public Meetings During Emergencies Act (“the Act”)…more

Board of Education, Proposed Legislation, Public Access Laws, Public Meetings, Regulatory Agenda

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Augustine Manga

Issue 2: What Legalized Recreational Marijuana Use Means for Ohio Employers

On November 7, 2023, Ohio voters passed Issue 2, a measure that will legalize the purchase and use of recreational marijuana. By passing this initiative, Ohio becomes the 24th state to legalize recreational marijuana…more

Employer Liability Issues, Employment Policies, Marijuana, Recreational Use, State and Local Government

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Jacob Manning

West Virginia Legislature Advances Bill Protecting Public Access to Meetings

In a busy Legislative Session, one bill passed that may go unnoticed, but will be of help to Boards of Education. Through House Bill 3146, the Legislature adopted the Uniform Public Meetings During Emergencies Act (“the Act”)…more

Board of Education, Proposed Legislation, Public Access Laws, Public Meetings, Regulatory Agenda

See all updates »

Jennifer Mason

[Hybrid Event] Continuing Legal Education Seminar - Credits & More 2023 - December 1st, Columbus, OH

Join Dinsmore attorneys, along with our distinguished guest speakers, for guidance and insight on timely, cutting-edge topics impacting the legal profession and business. You can attend this event either in-person or virtually…more

Artificial Intelligence, Career Development, Continuing Legal Education, Decriminalization of Marijuana, Employer Liability Issues

See all updates »

Michael Mattingly

Sixth Circuit Rejects Two-Step Collective Certification Process in FLSA Suits

In a welcomed change to a class certification process that has long favored plaintiffs, the Sixth Circuit’s May 19, 2023 decision in Clark/Holder v. A&L Homecare and Training Center, LLC adopts a new standard for certifying Fair…more

Class Action, Class Certification, Collective Actions, Employer Liability Issues, Employment Litigation

See all updates »

Sarah McKenna

Inspecting Floors Every 15 Minutes May Defeat a “Constructive Notice” Argument in Florida Slip/Trip and Fall Lawsuits

In a 2023 trip and fall case, the United States District Court for the Middle District of Florida granted summary judgment in favor of Defendant Wal-Mart. Kozlowski v. Wal-Mart Stores E., LP, No. 5:21-cv-261-ACC-PRL, 2023 U.S…more

Bodily Injury, Constructive Notice, Dangerous Condition, Liability, Property Owners

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Jordan McMinn

Supreme Court’s Chevron Decision: Major Implications for Businesses on Regulatory Interpretations

“The deference that Chevron requires of courts reviewing agency action cannot be squared with the [Administrative Procedures Act].”…more

Administrative Procedure Act, Chevron Deference, Loper Bright Enterprises v Raimondo, SCOTUS, Statutory Interpretation

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Barbara Menefee

Understanding National Interest Waivers: A Strategic Route Worth Consideration

The National Interest Waiver (“NIW”) is a special provision within the EB-2 employment-based immigration category that allows individuals to bypass the usual labor certification process (“PERM”) required for most…more

EB-2, Foreign Nationals, Foreign Workers, Immigrants, Immigration Procedures

See all updates »

Brian Moore

Contested DOL Rule on Tip Credit Invalidated by Fifth Circuit

Recently, the United States Court of Appeals for the Fifth Circuit issued a decision on the Department of Labor's (DOL) rule concerning tipped employees. This final rule, introduced in 2021, addresses the amount of time a tipped…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Tip Credit, Tipped Employees, Tips

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LaTawnda Moore

Risky Business: OSHA Investigation Warns Healthcare Providers of Liability for Patient Assaults

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) recently cited Circles of Care, Inc., a Florida behavioral health company, for failing to provide a workplace free of recognized hazards. This…more

Employer Liability Issues, OSHA, Workplace Hazards, Workplace Injury, Workplace Safety

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Bryan Murray

Kentucky Senator Introduces Legislation to Combat Discrimination in the 340B Drug Program

State efforts to address the 340B Drug Program continue to ramp up in 2024. Early this January, Kentucky Senator Stephen Meredith introduced Senate Bill 27 ("SB-27"), which intends to address a number of purchasing restrictions…more

Drug Pricing, Health Care Providers, Pharmaceutical Industry, Prescription Drugs, Section 340B

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Dwight Myfelt

Lawsuit Challenges New USCIS Fee Rule

Significant increases to U.S. Citizenship and Immigration Services (“USCIS”) filing fees are set to go into effect on April 1, 2024. However, a lawsuit filed in U.S. District Court for the District of Colorado may delay that…more

EB-5, Foreign Nationals, Immigrants, Immigration Procedures, USCIS

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Shannon O'Connell Egan

Spotlight on Financial Services- Consumer bankruptcy

Spotlight on Financial Services | Things happen very quickly in consumer bankruptcy filings. Dinsmore attorneys Edward J. Boll III, Esq. and Shannon O'Connell Egan work on a team that provides clients clear and concise counsel…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Plans, Chapter 13, Chapter 7

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Jennifer Orr Mitchell

Blackbaud Reaches $49.5 Million Multistate Settlement Over Data Breach

Last week, 49 state attorneys general announced a $49.5 million settlement with Blackbaud, Inc. (Blackbaud) over the software company’s data-security practices and its response to a breach in 2020 that exposed the personal…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

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Jaci Overmann

Martin Scorsese’s ‘Raging Bull’ and Flo Rida’s Common Link? Attention of the U.S. Supreme Court on the Relevant Damages Period for Copyright Infringement

In the New Year, the United States Supreme Court is expected to hear arguments over the damages a plaintiff can recover in a copyright infringement lawsuit. The Supreme Court will consider the question of whether damages are…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection, The Copyright Act

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Sydney Pahren

CMS Updates Guidance and Survey Process for Home Dialysis Services in Nursing Homes

On March 22, 2023, the Centers for Medicare & Medicaid Services (“CMS”) updated its guidance and survey process for home dialysis services in nursing homes. The updated guidance is based on comments, questions, and feedback…more

Centers for Medicare & Medicaid Services (CMS), Dialysis Providers, Health Care Providers, Healthcare, New Guidance

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David Patton

Show Me the Money: Plan Now or Be Prepared to Pay More Later

Every construction project comes with unexpected challenges and potentially costly setbacks, but many can be avoided with proper pre-planning. The experienced construction law attorneys at Dinsmore have provided a blueprint of…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Contractors

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Olivia Perry

California Employers on Deadline: Workplace Violence Prevention Plan Required by July 1

Another year, another mandate for California employers. By July 1, 2024, nearly all employers in the Golden State must have in place a workplace violence prevention plan. While the compliance deadline may be three months away,…more

Cal-OSHA, California, Employer Liability Issues, OSHA, State Labor Laws

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Jared Phalen

Contested DOL Rule on Tip Credit Invalidated by Fifth Circuit

Recently, the United States Court of Appeals for the Fifth Circuit issued a decision on the Department of Labor's (DOL) rule concerning tipped employees. This final rule, introduced in 2021, addresses the amount of time a tipped…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Tip Credit, Tipped Employees, Tips

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Eric Plinke

Texas Court Revives Viability of Healthcare Non-Competes

On August 20, 2024, the United States District Court for the Northern District of Texas blocked the Federal Trade Commission's ("FTC") rule that would have banned most existing non-compete agreements and prohibited new ones,…more

Employer Liability Issues, Employment Contract, Healthcare Workers, Non-Compete Agreements, Restrictive Covenants

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Brooke Poling

Supreme Court Issues Opinions on Religious Accommodation and Affirmative Action

At the end of its 2023 term, the United States Supreme Court handed down several buzz-worthy decisions. Two opinions may have substantial and lasting impacts on employers and their efforts to promote diversity and inclusion…more

College Admissions, De Minimus Doctrine, Employer Liability Issues, Equal Protection, Groff v DeJoy

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Tyler Powell

Debtors Doing Illegal Things

Introduction - The United States Trustee Program is part of the United States Department of Justice and oversees the administration of bankruptcy cases, including oversight of panel trustees. When a bankruptcy court grants a…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Debtors, Debtors-in-Possession

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Jim Provenzale

TPA Tricks of the Trade: A Lawyer’s Perspective

Borrowers who go through the process of obtaining an FHA-insured multifamily loan generally come to the same conclusion: the juice is worth the squeeze. At the end of the day, they get to enjoy a unique blend of benefits (35 or…more

Asset Purchaser, Consumer Financial Products, Federal Housing Administration (FHA), Financial Services Industry, Financing

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Jacqueline Rau

[Hybrid Event] Continuing Legal Education Seminar - Credits & More 2023 - December 1st, Columbus, OH

Join Dinsmore attorneys, along with our distinguished guest speakers, for guidance and insight on timely, cutting-edge topics impacting the legal profession and business. You can attend this event either in-person or virtually…more

Artificial Intelligence, Career Development, Continuing Legal Education, Decriminalization of Marijuana, Employer Liability Issues

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Sarah Reddick

Admin Law Ain’t Boring Anymore—What You Need to Know about Last Week’s Supreme Court Cases

Administrative law has long had a reputation for boredom. But three blockbuster cases out of the Supreme Court last week have changed that. Each case is its own game changer, but together, the three cases are a sea change in an…more

Chevron Deference, Clean Air Act, Environmental Protection Agency (EPA), Loper Bright Enterprises v Raimondo, Ohio v Environmental Protection Agency

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Michael Reichert

From Dreams to Deals: Avoiding Pitfalls in Commercial Real Estate Financing

In commercial real estate transactions, time is money, execution is everything and projects generally do not move forward without a mortgage loan. Lenders and their counsel should view a project as if the lender is the eventual…more

Commercial Leases, Commercial Real Estate Market, Financing, Real Estate Financing

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Caroline Rice

Private Investment Funds: Assess Your Structures and Prepare for Corporate Transparency Act Compliance

Beginning January 1, 2024, companies created or registered in the United States will have to report information about their ownership to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Investment Advisers Act of 1940, Popular

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Ryan Robinson

Ticketmaster Scalped by Data Breach

What’s worse than wanting to go to a concert for your favorite music artist and spending one-third of the ticket price in “convenience fees”? Apparently, getting hacked and losing roughly 560 million individual’s personal…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

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Lindsey Saad

Lessons in Liability: What You Need to Know About Remote Riding Lessons

When you think of technological changes, you may not immediately think of the horse industry. Everything is more accessible now, thanks to the internet, and that includes your sport horse trainer and/or students…more

Bodily Injury, Contract Terms, Horseback Riding, Policies and Procedures, Release of Liability

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Richik Sarkar

The Catch-22 of Cybersecurity in the Age of AI

Although artificial intelligence (“AI”) improves how businesses interact with customers, process sales, manage inventory and more, it also heralds new and unique cybersecurity risks. These risks can lead to unprecedented legal…more

Artificial Intelligence, Cyber Attacks, Cybersecurity, Data Breach, Data Protection

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Robert Schein

Show Me the Money: Plan Now or Be Prepared to Pay More Later

Every construction project comes with unexpected challenges and potentially costly setbacks, but many can be avoided with proper pre-planning. The experienced construction law attorneys at Dinsmore have provided a blueprint of…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Contractors

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Kristina Schiavone

Bad Spaniels or Jack Daniel’s? SCOTUS Sides with Whiskey Maker in Trademark Dispute

What do a squeak toy, whiskey, and dog poop have in common? If you are silently thinking to yourself “absolutely nothing,” it may surprise you to hear that the U.S. Supreme Court has spent months considering this question. On…more

First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Likelihood of Confusion

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Anubhav Sharma

Excluding Prior Art Based on Private Sales? Federal Circuit Says No.

A private sale may start an inventor’s one-year filing clock, but it likely won’t save a patentee from an intervening prior art reference. On July 31, 2024, in a precedential decision, the U.S. Court of Appeals for the Federal…more

CAFC, Intellectual Property Protection, Patent Litigation, Patent Trial and Appeal Board, Patents

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Nicole Sigurdson Nan

[Hybrid Event] Continuing Legal Education Seminar - Credits & More 2023 - December 1st, Columbus, OH

Join Dinsmore attorneys, along with our distinguished guest speakers, for guidance and insight on timely, cutting-edge topics impacting the legal profession and business. You can attend this event either in-person or virtually…more

Artificial Intelligence, Career Development, Continuing Legal Education, Decriminalization of Marijuana, Employer Liability Issues

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Esha Simon

[Webinar] 2024 Recent Developments in Labor & Employment Law - June 12th, 12:00 pm - 1:00 pm ET

Join Dinsmore attorneys Brian Moore and Esha Simon as they discuss updates in Labor & Employment Law for 2024. This webinar will focus on: - Department Of Labor’s Rule on Overtime Exemptions - Department Of Labor’s Rule…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Federal Trade Commission (FTC), Hiring & Firing

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Jarman Smith

National Security of Data? U.S. Government Issues Executive Order Aimed at Protecting Americans’ Personal Data: How Does New Cyber Security Executive Order Affect Your Business?

In a move aimed at protecting Americans’ data security, President Joe Biden signed Executive Order 14117 on “Preventing Access to Americans’ Bulk Sensitive Data and United States Government-Related Data by Countries of Concern”…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Personal Data

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Sarah Smith

Texas Supreme Court Rules to Foreclose Attorney’s Fees in First Party Appraisal Context

The Supreme Court of Texas has issued its much-anticipated opinion on an open attorney’s fees question in the area of First Party Property appraisals…more

Attorney's Fees, Insurance Industry, Insurance Litigation, TX Supreme Court

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Daniel Smolsky

Pennsylvania Supreme Court to Consider Potential Expansion of Business Liability Under UTPCPL

The Pennsylvania Supreme Court will soon hear arguments in a case that may have far reaching implications for businesses facing consumer protection claims in the state…more

Competition, PA Supreme Court, Unfair Competition, Unfair or Deceptive Trade Practices

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Lee Stautberg

Connelly Decision: Supreme Court Rules Company-Owned Life Insurance Must Be Included in Estate Valuation

A recent Supreme Court decision means that owners of closely held companies with company-owned life insurance policies should take extra precautions to avoid an unexpectedly large estate tax bill from the IRS…more

Closely Held Businesses, Connelly v United States, Estate Tax, Fair Market Value, IRS

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John Stephens

CFPB Releases New Required Form for Use in Employee Background Check Process

The Consumer Financial Protection Bureau has released an updated version of the "Summary of Your Rights Under the Fair Credit Reporting Act" notice that all employers must provide to employees before taking any adverse action…more

Adverse Employment Action, Background Checks, Consumer Financial Protection Bureau (CFPB), Consumer Rights Directive, Criminal Background Checks

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S. Joseph Stephens, III

FTC Rule Prohibiting Non-Compete Agreements Set Aside by Texas Court

On August 20, 2024, a judge in the United States District Court for the Northern District of Texas entered an order prohibiting the Federal Trade Commission (FTC) from implementing a new rule that would have prohibited employers…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Gregory Tapocsi

Data Breaches and Your Smart Watch: FTC Expands the Reach of the Health Breach Notification Rule

Effective July 29, 2024, the Federal Trade Commission (“FTC”) has issued a final rule that expands the scope of its existing Health Breach Notification Rule (“HBNR”) to include health and wellness applications (“apps”) typically…more

Breach Notification Rule, Data Breach, Data Protection, Federal Trade Commission (FTC), Health Insurance Portability and Accountability Act (HIPAA)

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Kelby Thomas Gray

Risky Business: OSHA Investigation Warns Healthcare Providers of Liability for Patient Assaults

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) recently cited Circles of Care, Inc., a Florida behavioral health company, for failing to provide a workplace free of recognized hazards. This…more

Employer Liability Issues, OSHA, Workplace Hazards, Workplace Injury, Workplace Safety

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Joseph Tucker

[Hybrid Event] Continuing Legal Education Seminar - Credits & More 2023 - December 1st, Columbus, OH

Join Dinsmore attorneys, along with our distinguished guest speakers, for guidance and insight on timely, cutting-edge topics impacting the legal profession and business. You can attend this event either in-person or virtually…more

Artificial Intelligence, Career Development, Continuing Legal Education, Decriminalization of Marijuana, Employer Liability Issues

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Michael Valinetz

From Dreams to Deals: Avoiding Pitfalls in Commercial Real Estate Financing

In commercial real estate transactions, time is money, execution is everything and projects generally do not move forward without a mortgage loan. Lenders and their counsel should view a project as if the lender is the eventual…more

Commercial Leases, Commercial Real Estate Market, Financing, Real Estate Financing

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Francisco Victoria-Andreu

Nearshoring: Mexico Aims to be the New “El Dorado” for Doing Business Abroad

Mexico has just announced significant tax incentives for companies in certain key industries to relocate operations to Mexico. A government decree issued on October 11, 2023 seeks to boost the nearshoring trend targeting ten…more

Corporate Counsel, Manufacturers, Mexico, NAFTA, Tax Incentives

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Heidi Wagner Dorn

[Hybrid Event] Continuing Legal Education Seminar - Credits & More 2023 - December 1st, Columbus, OH

Join Dinsmore attorneys, along with our distinguished guest speakers, for guidance and insight on timely, cutting-edge topics impacting the legal profession and business. You can attend this event either in-person or virtually…more

Artificial Intelligence, Career Development, Continuing Legal Education, Decriminalization of Marijuana, Employer Liability Issues

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Danielle Waltz

Supreme Court’s Chevron Decision: Major Implications for Businesses on Regulatory Interpretations

“The deference that Chevron requires of courts reviewing agency action cannot be squared with the [Administrative Procedures Act].”…more

Administrative Procedure Act, Chevron Deference, Loper Bright Enterprises v Raimondo, SCOTUS, Statutory Interpretation

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Michelle Weaver

Estoppel Principles in Patent Office Proceedings

On July 26, 2024, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (CAFC) upheld and expounded on the estoppel provision set forth in 37 C.F.R. § 42.73(d)(3)(i). The CAFC confirmed that the Patent…more

CAFC, Estoppel, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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Joseph Wheeler

Ohio Hospital Licensure Status Update

As many of you are already aware, the 134th Ohio General Assembly passed House Bill 110 and enacted Ohio Revised Code Chapter 3722, which outlines the license requirements for Ohio hospitals. In that same Bill, the Ohio…more

General Assembly, Health Care Providers, Hospitals, Licenses

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Faith Whittaker

FTC Rule Prohibiting Non-Compete Agreements Set Aside by Texas Court

On August 20, 2024, a judge in the United States District Court for the Northern District of Texas entered an order prohibiting the Federal Trade Commission (FTC) from implementing a new rule that would have prohibited employers…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Kevin Woodard

SEC Enforcement Actions Related to the Marketing Rule and Hypothetical Performance Data (Updated)

On September 9, 2024, the SEC announced it had settled Administrative Proceedings with nine investment advisers for violating the Marketing Rule. The violations involved distributing advertisements that included untrue or…more

Enforcement Actions, Investment Adviser, Securities and Exchange Commission (SEC), Securities Violations

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Michael Xavier

Federal Circuit Reiterates the Urgency of Opting for Patent Protection or Trade Secrecy, as the On-Sale Bar to Patentability Looms

Under 35 U.S.C. § 102, the “on-sale bar” invalidates a patent if an inventor has sold or made the invention publicly available more than one year before filing the patent application. Recently, the United States Court of Appeals…more

Intellectual Property Protection, International Trade Commission (ITC), Inventions, Inventors, Patent Applications

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Evan Yahng

The Catch-22 of Cybersecurity in the Age of AI

Although artificial intelligence (“AI”) improves how businesses interact with customers, process sales, manage inventory and more, it also heralds new and unique cybersecurity risks. These risks can lead to unprecedented legal…more

Artificial Intelligence, Cyber Attacks, Cybersecurity, Data Breach, Data Protection

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Daniel Zinsmaster

Texas Court Revives Viability of Healthcare Non-Competes

On August 20, 2024, the United States District Court for the Northern District of Texas blocked the Federal Trade Commission's ("FTC") rule that would have banned most existing non-compete agreements and prohibited new ones,…more

Employer Liability Issues, Employment Contract, Healthcare Workers, Non-Compete Agreements, Restrictive Covenants

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Craig Zyburo

Inspecting Floors Every 15 Minutes May Defeat a “Constructive Notice” Argument in Florida Slip/Trip and Fall Lawsuits

In a 2023 trip and fall case, the United States District Court for the Middle District of Florida granted summary judgment in favor of Defendant Wal-Mart. Kozlowski v. Wal-Mart Stores E., LP, No. 5:21-cv-261-ACC-PRL, 2023 U.S…more

Bodily Injury, Constructive Notice, Dangerous Condition, Liability, Property Owners

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