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Healthcare Worker Vaccine Mandate Halted as Omicron Looms

On November 5, 2021, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services (CMS) issued the Medicare and Medicaid Programs: Omnibus COVID-19 Health Care Staff Vaccination (CMS Mandate), which...more

Do I Have To File A Claim To Foreclose On A Deceased Borrower’s Mortgage? - The Bullet Point: A Commercial Law Bulletin

Ohio- Insurance coverage for data breach- Emoi Servs., LLC v. Owners Ins. Co., 2d Dist. Montgomery No. 29128, 2021-Ohio-3942 In this appeal, the Second Appellate District reversed and remanded the trial court’s...more

Is the Tide Shifting on Hunstein?- The Bullet Point: A Commercial Law Bulletin

Ohio- Restrictive Covenants- New California Woods Homeowners Assn. v. Jakse, 3d Dist. Union No. 14-21-04, 2021-Ohio-3783 In this appeal, the Third Appellate District affirmed the trial court’s decision, agreeing that...more

Can Partial Performance Prevent The Statute Of Frauds From Barring An Oral Agreement?- The Bullet Point: A Commercial Law Bulletin

Ohio- Statute of Frauds- TLOA Acquisitions, L.L.C. v. Unknown Heirs, 8th Dist. Cuyahoga No. 110002, 2021-Ohio-3678- In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that the...more

OSHA Vaccine Mandate Standard Expected Any Day Now

Is your business ready to weather another Covid-19 storm?- On October 12, 2021, the Occupational Safety and Health Administration (OSHA) submitted its draft of the proposed enforcement standards to the White House’s Office...more

What Is The Proper Measure Of Damages For Breach Of An Implied Warranty For Non-Conforming Goods? - Bullet Point October 7 2021

The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Nice Try, But HIPAA Privacy Doesn’t Stop Vaccine Inquiries by Employers and Businesses

HIPAA privacy rules do not prevent employers and businesses from asking employees and visitors about their COVID-19 vaccination status, the government recently reiterated. In guidance issued on September 30, 2021, the U.S....more

Is The TCPA Constitutional? - The Bullet Point: A Commercial Law Bulletin

The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Biden Executive Order Aims To Promote Competition By Curtailing Non-Compete Agreements

As part of the broad Executive Order on Promoting Competition in the American Economy issued Friday, July 9, 2021, President Biden is requesting that the Federal Trade Commission (FTC) ban or limit non-compete agreements. The...more

Department Of Labor Withdraws Final Rule On Independent Contractor Status

On January 7, 2021, the U.S. Department of Labor (DOL) issued a final rule that clarified how employers should determine who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act...more

[Webinar] Vaccines in the time of COVID - February 8th, 1:00 pm CT

In the time of Coronavirus, with many municipalities implementing restrictions on business and individual activity, employers may be anxious to return to normal operations, with staff onsite, as soon as possible. With...more

Vaccines in the time of COVID [More with McGlinchey, Ep. 15] [Audio]

In the time of Coronavirus with many municipalities implementing restrictions on business and individual activity, employers are anxious to return to normal operations with staff onsite as soon as possible. With vaccines...more

DOL Issues Final Rule On Independent Contractor Status

On January 7, 2021, the U.S. Department of Labor (DOL) issued a final rule that clarifies how employers should determine who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act...more

Department Of Labor Finalizes Rule Allowing Mandatory Tip Pools

On December 22, 2020, the Department of Labor (DOL) announced its final rule modifying federal regulations regarding compensation for tipped employees. This new rule follows 2018 federal legislation which amended the Fair...more

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