Author Info for Benesch

Nicholas Adamson

New State Healthcare Antitrust Laws Require Pre-Closing Notice for Certain Healthcare Transactions

During the past year, a number of states have enacted antitrust legislation relating to healthcare entities, which, once effective, will implement a dedicated health care transaction review process by relevant state agencies…more

Acquisitions, Antitrust Provisions, Corporate Practice of Medicine, Health Care Providers, Healthcare Facilities

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Sydney Allen

AI Reporter - August 2024

Google and Microsoft are spearheading the Coalition for Secure AI, focusing on supply chain security and mitigation strategies. Whether this attempt at self-regulation will ultimately succeed is unknown, as it overlaps with…more

Artificial Intelligence, Artists, Banking Sector, Copyright, Copyright Litigation

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Cristina Almendarez

AI Reporter - May 2024

The use of AI in the justice system and dispute resolution has become a significant topic of conversation. This suggests the first real legal limits on the technology may come from the courts instead of legislation. In one…more

Arbitration, Artificial Intelligence, Copyright, Dispute Resolution, Emerging Technologies

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Jessica Angney

Key Business Tax Provisions Included in the CARES Act

On March 27, 2020, President Trump signed into law a broad economic stimulus bill known as the Coronavirus Aid, Relief and Economic Security Act (referred to herein as the “CARES Act” or the “Act”). The CARES Act attempts…more

Business Taxes, CARES Act, Coronavirus/COVID-19, Corporate Taxes, IRS

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Mark Avsec

Supreme Court Rejects Three-Year Damages Bar in Copyright Infringement Actions

The recent decision permits recovery of all damages in “timely filed” copyright infringement actions regardless of when the infringement occurred. The decision does not, however, answer the critical question of when an action is…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Discovery Rule

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Ryan Babiuch

FERC Commissioner McNamee to Step Down

Commissioner Bernard McNamee, of the Federal Energy Regulatory Commission (“FERC”), has announced that he will officially relinquish his position on September 4, 2020. Background - FERC is the agency that regulates the…more

Administrative Appointments, Administrative Resignation, Energy Sector, FERC, Quorum

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W. Eric Baisden

Federal Court Strikes Down Tip Credit Rule Promulgated by the DOL

On August 23, 2024, the Fifth Circuit Court of Appeals struck down a final rule promulgated by the Department of Labor (“DOL”) restricting when employers could take a tip credit for tipped employees under the Fair Labor…more

Administrative Agencies, Chevron Deference, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Food Service Workers

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Samantha Barbara

SEC Proposed Rule-Making - Part I: SEC Proposal on Enhancement and Standardization of Climate-Related Disclosures

In sports, the rules of the game allow for consistent guidance in the face of ambiguity on a given call, as well as allow for comparison across teams, leagues, seasons, and years. SEC Chairman Gary Gensler made this analogy when…more

Climate Change, Comment Period, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions

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Michael Barrie

Navigating Financial Distress Caused By The Coronavirus Pandemic

The COVID-19 pandemic has begun to have an almost crippling effect on the short-term operations of virtually all commercial businesses of any size, as well as their long-term viability. Even businesses classified as…more

Business Closures, Business Continuity Plans, Business Interruption, Coronavirus/COVID-19, Debt Restructuring

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Leah Beitner

Key Business Tax Provisions Included in the CARES Act

On March 27, 2020, President Trump signed into law a broad economic stimulus bill known as the Coronavirus Aid, Relief and Economic Security Act (referred to herein as the “CARES Act” or the “Act”). The CARES Act attempts…more

Business Taxes, CARES Act, Coronavirus/COVID-19, Corporate Taxes, IRS

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Mark Biddlestone

Benesch Law Ops - December 2017

Almost a dozen years ago, Benesch developed a formal client assessment program. Firm leadership believes this program is essential to our success in servicing our clients. The program includes a visit by the Chairman of the Firm…more

Business Development, Client Services, Law Practice Management

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Joseph Blalock

Details on PAGA Compromise Bill; Benefit to Employers To Be Determined

As we reported here, California lawmakers recently came to terms on a PAGA replacement bill. While this law was touted as a grand compromise intended to benefit both employees and employers, its effectiveness in reducing the…more

Damages, Labor Law Violations, Penalties, Pending Legislation, Private Attorneys General Act (PAGA)

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Michael Bloom

Cannabis Securities Law Update: Shareholder Suit Based on Vague Descriptions Of Product Quality Dismissed as Mere Puffery

New York court dismisses securities fraud claim alleging that cannabis producer misrepresented that its product is “high-quality” despite shipment containing mold and rubber gloves. On May 15, 2020, Justice Barry R…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Dismissals, misre, Puffery

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Marc Blubaugh

FMC Final Rule on “Refusal to Deal or Negotiate” Effective Sept. 23, 2024

The Federal Maritime Commission (the “FMC”) issued its Final Rule on July 22, 2024, establishing its approach to determining what constitutes an unreasonable refusal to deal or negotiate cargo space and vessel space…more

Chevron Deference, Common Carriers, Exports, Federal Maritime Commission, Final Rules

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John Breig Jr.

Controversial District Court Decision Vacating Nationwide Permit 12 and Disrupting Pipeline Industry Appealed to Ninth Circuit

Last week, on May 13, 2020, the Army Corps of Engineers (the “Corps”) and TC Energy filed notices of appeal with the United States Court of Appeals for the Ninth Circuit seeking an immediate stay of the Federal District Court’s…more

Appeals, Clean Water Act, Oil & Gas, Permits, Pipelines

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Meegan Brooks

Oldies but Not Goodies - Plaintiffs Put New Digital Spin on Song-Beverly

Over the past few months, a wave of new lawsuits has been filed in California state court against online retailers alleging violations of California’s Song-Beverly Credit Card Act, Cal. Civ. Code § 1747.08 (“Song-Beverly”)…more

Apple, Credit Cards, Data Collection, E-Commerce, Email

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Harry Brown

CMS Announces a Second Preview Period for the October 2024 SNF Preview Reports

On September 19, 2024, CMS announced a second preview period for the October 2024 SNF Preview Reports (“Preview Reports”) following the identification of a technical glitch that prevented the posting of these reports for Swing…more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Information Reports, Medicare, Skilled Nursing Facility

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Logan Bryant

FTC Announces Changes to HSR Thresholds and Fees

On January 26, 2023, the Federal Trade Commission (“FTC”) published in the Federal Register changes in the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”). The FTC updates these…more

Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Premerger Notifications

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Cheryl Burchard

What to Expect in 2024 at the Ohio Statehouse

While the campaigns for U.S. President, U.S. Senate, U.S. House, Ohio Supreme Court, and to a lesser extent the Ohio General Assembly will dominate media attention, we still anticipate activity at the Statehouse. Additionally,…more

Comment Period, Community Development, Congressional Committees, Executive Orders, Governor DeWine

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Allyson Cady

White Collar Quarterly Report - August 2024

In 2023, the number of federal corporate prosecutions remained far below the 25-year average after two consecutive years of increases. ..The DOJ’s Fraud Section secured just $690 million in penalties across eight corporate…more

Bribery, College Athletes, Colleges, Compliance, Corruption

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Jordan Call

Department of Labor Finalizes Rule Change on Independent Contractor Classification

On January 9, 2024, the U.S. Department of Labor released details of its final rule regarding the proper circumstances for independent contractor classification under the Fair Labor Standards Act (“FLSA”). On January 10, 2024,…more

Biden Administration, Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues

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Angelina Campin

Benesch DSO Intelligence Quarterly Report: Q1 2023

Dental practice consolidation to continue in 2023 despite economic uncertainty - Despite the rapid increase in consolidation in the past decade, analysts believe that it is only the beginning for the DSO industry, with some…more

Artificial Intelligence, Corporate Practice of Dentistry, Dental Practice, Dentists, Industry Consolidation

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Kevin Capuzzi

COVID-19 Revenue Protection Plan - Protecting Your Cash Flow During a Pandemic

COVID-19 is straining cash flow to a historical extent. When every dollar counts more than ever, you should take steps to protect your business at each stage of its relationships with customers, clients, and business…more

Business Continuity Plans, Coronavirus/COVID-19, State of Emergency

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Frank Carsonie

HHS and FDA Release Updated Guidance on Informed Consent

On March 1, 2024, the US Department of Health and Human Services (HHS) Office for Human Research Protections (OHRP) and the US Food & Drug Administration (FDA) unveiled a preliminary guidance document named Enhancing…more

Clinical Trials, Department of Health and Human Services (HHS), Draft Guidance, Food and Drug Administration (FDA), Informed Consent

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Kristopher Chandler

AI Reporter - July 2024

The AI sector continues to experience regulatory growing pains. Tech companies are struggling to comply with the EU’s new AI laws, which require more transparency in their model training. Meta, in particular, had to halt its AI…more

Analytics, Artificial Intelligence, Big Tech, Consumer Financial Protection Bureau (CFPB), Copyright Infringement

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Rachel Chatman

Federal Judge Enjoins New Prop 65 Lawsuits for Acrylamide in Food: Requiring A Cancer Warning In the Face of Scientific Uncertainly May Violate the First Amendment

On March 30, 2021, a California federal district court issued a preliminary injunction prohibiting anyone - including the California Attorney General - from filing or prosecuting any new lawsuit to enforce the Proposition 65…more

Constitutional Challenges, First Amendment, Food Labeling, Food Manufacturers, Preliminary Injunctions

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Jake Cilek

Dialysis & Nephrology Digest - August 2024

As value-based care (VBC) models continue to grow across our nation’s health system and specifically within different specialties like nephrology, the costs and challenges of maintaining these models continue to rise. In…more

Antitrust Investigations, Centers for Medicare & Medicaid Services (CMS), Dialysis, Dialysis Providers, Federal Trade Commission (FTC)

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Susan Clady

Brexit's Effect on Intellectual Property Rights

Now that the United Kingdom has voted to withdraw from the European Union (commonly known as “Brexit”), we turn to the question of how Brexit will affect intellectual property rights in the UK and Europe. The good news is…more

EU, European Patent Convention, European Patent Office, European Union Intellectual Property Office (EUIPO), European Union Trade Mark (EUTM)

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J. Erik Connolly

Senator Brown Proposes Innovative Privacy Bill that Discards the Notice and Consent Regime

This past week, United States Senator Sherrod Brown proposed a draft data privacy bill aptly named the Data Accountability and Transparency Act of 2020 (DATA). The DATA seeks to restructure the current “consent” privacy paradigm…more

Consumer Privacy Rights, Data Privacy, Personal Data, Privacy Laws, Proposed Legislation

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Jerome Cook

FERC Commissioner McNamee to Step Down

Commissioner Bernard McNamee, of the Federal Energy Regulatory Commission (“FERC”), has announced that he will officially relinquish his position on September 4, 2020. Background - FERC is the agency that regulates the…more

Administrative Appointments, Administrative Resignation, Energy Sector, FERC, Quorum

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Lauri Cooper

Dialysis & Nephrology Digest - December 2023

Fresenius continues business consolidation with sale of fertility business for $545M - A consortium consisting of KKR portfolio company IVI RMA and Spanish PE firm GED Capital agreed to pay €500 million for Eugin Group,…more

Business Development, Department of Health and Human Services (HHS), Health Care Providers, Hospitals, Physicians

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Trevor Covey

Governor DeWine’s Executive Order Recommends 90 Day Protections for Tenants and Borrowers

On April 1, 2020, Governor Mike DeWine of Ohio issued Executive Order 2020-08D titled “Commercial Evictions and Foreclosures” (the “Order”) that applies to commercial landlords and lenders. Summary of the Order - As a…more

Commercial Leases, Eviction, Executive Orders, Financial Services Industry, Foreclosure

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Thomas Crist

Contractor Disruption Claims Driven by COVID-19

Introduction: COVID-19 Contractor Disruption Claims - When push comes to shove, and it has, how confident are you that your company will bring to bear the expertise and resources necessary to successfully pursue a valid…more

Business Interruption, Construction Contracts, Construction Industry, Contract Terms, Coronavirus/COVID-19

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Theresa Cross

White Collar Quarterly Report | Q1 2024

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue…more

Anti-Corruption, Biden Administration, Bribery, Compliance, Corporate Misconduct

See all updates »

Natalie Cuadros

AI Reporter - March 2024

As Benesch’s multidisciplinary AI Commission continues to stay abreast of AI-related developments and legal implications our clients should be aware of, we are proud to debut the firm’s AI Reporter: a monthly roundup of…more

Artificial Intelligence, Corporate Counsel, EU, Federal Trade Commission (FTC), Financial Services Industry

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Brian Cullen

California Regulators Roll Out Aggressive Framework To Further Freeze Out Carbon Emissions in Refrigerated Transportation

On May 22, 2024, the California Air Resources Board (CARB) unveiled a high-level framework for what is known as “TRU Part 2” to eliminate carbon emissions created by refrigerated equipment utilized in the transportation of…more

CARB, Carbon Emissions, Infrastructure, Proposed Rules, Public Comment

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SaDella Duval D'Adrian

White Collar Quarterly Report | Q1 2024

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue…more

Anti-Corruption, Biden Administration, Bribery, Compliance, Corporate Misconduct

See all updates »

John Dagon

Spring Cleaning: FCC Modifies TCPA Regulations to Block “Likely” Illegal Text Messages and Considers Further Action On “Lead Generation Loophole”

On March 17, 2023, the FCC issued a Report and Order adopting final rules that require mobile wireless providers to block certain text messages to their subscribers. The FCC also issued a Further Notice of Proposed Rulemaking…more

Comment Period, Consent, FCC, Final Rules, Lead Generators

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Bryna Dahlin

Engaging in Activities that Violate Federal Law? DOJ Scrutiny of PPP Loan Recipients Turns to Ancillary Companies Supporting the Cannabis Industry

Since its inception, the cannabis industry has always existed alongside significant regulatory and compliance challenges. These largely stem from the fact that the manufacture, distribution and possession of marijuana remains…more

Audits, Cannabis-Related Businesses (CRBs), CARES Act, Controlled Substances Act, Coronavirus/COVID-19

See all updates »

Marisa Darden

White Collar Quarterly Report - August 2024

In 2023, the number of federal corporate prosecutions remained far below the 25-year average after two consecutive years of increases. ..The DOJ’s Fraud Section secured just $690 million in penalties across eight corporate…more

Bribery, College Athletes, Colleges, Compliance, Corruption

See all updates »

LeAnn Davis

Landmarks Newsletter - Summer 2019

It wouldn’t be the summer edition of Landmarks without our annual recap of the retail real estate industry’s largest event, ICSC RECon, which takes place every May in Las Vegas. Each year, RECon serves as a barometer for…more

Blockchain, Capital Formation, Closing Documents, Commercial Real Estate Market, Consent

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Rebecca Davis

Status of Consular Services in KYIV

On March 3, 2022, the Department of Homeland Security (DHS) announced that Ukraine was designated for Temporary Protected Status (TPS). TPS may be provided to a country where there is: (1) ongoing armed conflict; (2)…more

Consulate, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Nationals, Immigration Procedures

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Christopher DeGrande

Dialysis & Nephrology Digest - December 2023

Fresenius continues business consolidation with sale of fertility business for $545M - A consortium consisting of KKR portfolio company IVI RMA and Spanish PE firm GED Capital agreed to pay €500 million for Eugin Group,…more

Business Development, Department of Health and Human Services (HHS), Health Care Providers, Hospitals, Physicians

See all updates »

Matthew Delguyd

Updated Summary on Paycheck Protection Program (PPP) Round 2

On January 6, 2021, the SBA issued more detailed guidance on the implementation of Paycheck Protection Program (PPP) round 2. The biggest upshot from the SBA’s releases are that except for a limited set of changes (which are…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Guidance Update

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Cheryl Donahue

Benesch DSO Intelligence Bi-Monthly Report: May - July 2022

Court Square Capital acquisition of West Coast Dental could fuel M&A in Calif. and neighboring states - The acquisition was reportedly valued around $250 million and plans for the acquisition include accelerating new de novo…more

Acquisitions, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Compliance, Cyber Attacks

See all updates »

Scott Downing

Dialysis & Nephrology Digest - August 2024

As value-based care (VBC) models continue to grow across our nation’s health system and specifically within different specialties like nephrology, the costs and challenges of maintaining these models continue to rise. In…more

Antitrust Investigations, Centers for Medicare & Medicaid Services (CMS), Dialysis, Dialysis Providers, Federal Trade Commission (FTC)

See all updates »

Leslie Drockton

Omissions Regarding “Known Trends” in a 10-Q Report May Support a Securities Fraud Claim

If a public company fails to disclose in its quarterly or annual reports trends and uncertainties that it could reasonably expect to have a material impact on revenues, at least one significant federal court has held that the…more

Corporate Counsel, Disclosure Requirements, Form 10-Q, Material Disclosures, Publicly-Traded Companies

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Laura Dutt

Benesch Law Ops - March 2018

It’s an overwhelmingly data-rich world we live in, but the key to any successful meeting, presentation or business opportunity is get to the useful data that can help you prepare properly. …more

Business Development, Data Management, Professional Development, Project Management

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R. Cole Eastman

HERE. WE. GO. Cannabis to be Rescheduled under the CSA

The moment we have all been waiting for has finally happened. Today, the AP reported that the Drug Enforcement Administration (DEA) has accepted the recommendation of the U.S. Department of Health and Human Services (HHS) to…more

Cannabis Products, Classification, Controlled Substances, Controlled Substances Act, DEA

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P. Alexander Ehler

Don’t Forget Your Employees on Valentine’s Day (No, Really): California’s Notification Deadline for All Employees with Non-Competition Agreements is February 14, 2024

As previously highlighted by Benesch, California strengthened its long-standing prohibition on non-competition agreements on January 1, 2024. In addition, and also as previously highlighted by Benesch, one of these…more

Contract Terms, Deadlines, Employer Liability Issues, Employment Contract, Former Employee

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Mark Eisen

Noteworthy Biometric Information Updates to the Ever-Changing Legal Landscape

Meta Lays the Groundwork for Potential Sea Change in BIPA Litigation - In Zellmer v. Meta Platforms, the Ninth Circuit evaluated an appeal from summary judgment entered in favor of Meta. This case stemmed from the allegation…more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection

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Wendy Esposito

The EU AI Act: Europe Takes the Lead to Regulate AI

To protect consumers from the potential dangers of artificial intelligence (AI), the European Parliament has approved draft legislation to regulate AI-powered technology. Once approved, the European Union (EU) AI Act (“Act”) is…more

Artificial Intelligence, EU, General Data Protection Regulation (GDPR), Proposed Legislation

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Alison Evans

Protecting Your Business in a Digital World: Top 10 Questions for Internal Teams and Stakeholders

The questions below are intended to help in-house counsel obtain the most important information related to technology projects so they can evaluate risks to the company’s data, intellectual property, and commercial interests,…more

Commercial Contracts, Confidential Information, Contract Terms, Corporate Counsel, Cybersecurity

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Matthew Farrell

White Collar Quarterly Report | Q1 2024

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue…more

Anti-Corruption, Biden Administration, Bribery, Compliance, Corporate Misconduct

See all updates »

Michael Farrell

Old Law, New Tricks: Pen Register and Trap and Trace Claims on the Rise

In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using “pen register” and “trap and trace” software to illegally…more

Data Collection, E-Commerce, Electronic Communications, Internet Retailers, Invasion of Privacy

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Janet Feldkamp

CMS Updates Guidance on Home Dialysis Services Provided in Nursing Homes

On March 22, 2023, the Centers for Medicare and Medicaid Services (“CMS”) issued revised Guidance and Survey Process for Reviewing Home Dialysis Services in a Nursing Home (Rev QSO-18-24-ESRD) to State Survey Agency Directors,…more

Centers for Medicare & Medicaid Services (CMS), Dialysis, Dialysis Providers, ESRD, Guidance Update

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Eric Flagg

Texas Federal Court Rejects FTC’s Non-Compete Ban

As every employer in the U.S. is likely aware, the Federal Trade Commission’s (“FTC”) near-universal ban on non-competes nationwide, which the FTC voted to implement via regulatory rulemaking on April 23 of this year, has been…more

Chevron Deference, Employment Contract, Enforceability, Federal Trade Commission (FTC), Final Rules

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Lyndsay Flagg

Race to the Courthouse: Early Attempts to Block the FTC’s Non-Compete Ban Start Pouring In

Less than one day after the Federal Trade Commission (“FTC”) issued its Final Rule that would enact a nationwide ban on most non-competition agreements, at least two lawsuits have been filed against the FTC which seek to…more

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

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Lianne Foley

Cannabis Consumption Lounges Are Legal in Illinois and Elsewhere, But Where Are They?

As states continue to legalize recreational cannabis, there is a growing demand among cannabis users for public venues where they can safely consume and enjoy cannabis products in a social setting. This has led to increased…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Marijuana, Marijuana Related Businesses

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Alexandria Gardella

Congress Enacts New Protections for Pregnant and Nursing Workers

Congress recently passed two pregnancy-related acts, the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act and the Pregnant Workers Fairness Act (PWFA), both of which create new legal rights and remedies for…more

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

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Catherine Gawron Sikorski

2024 Outlook: Behavioral Health Trends

Healthcare systems are facing significant challenges in recruiting and retaining talent within the burgeoning field of behavioral health services, primarily due to competition from telehealth providers and inconsistent…more

Artificial Intelligence, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Controlled Substances, Coronavirus/COVID-19

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Mitchell Gecht

Benesch DSO Intelligence Bi-Monthly Report: May - July 2022

Court Square Capital acquisition of West Coast Dental could fuel M&A in Calif. and neighboring states - The acquisition was reportedly valued around $250 million and plans for the acquisition include accelerating new de novo…more

Acquisitions, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Compliance, Cyber Attacks

See all updates »

Linda Gemind

The H-1B Cap Lottery for FY 2023 is Less Than One-Month Away. Are you ready?

U.S. Citizenship and Immigration Services (“CIS”) is once again requiring employers that want to sponsor a worker for an H-1B visa - which is awarded to employees who possess highly specialized knowledge and a bachelor’s or…more

H-1B, Highly-Skilled Workers Visa, Labor Condition Applications, Lottery, USCIS

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John Gentile

InterConnect Newsletter - Spring 2023

In Ohio, the nation’s capital, and across the country, legislators have taken action in response to the Norfolk Southern train derailment that occurred in East Palestine, Ohio, on February 3. Here are the top three things to…more

Biometric Information, Congressional Investigations & Hearings, Customs, Customs and Border Protection, Logistics

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Liz Gillmore

Benesch Law Ops - March 2018

It’s an overwhelmingly data-rich world we live in, but the key to any successful meeting, presentation or business opportunity is get to the useful data that can help you prepare properly. …more

Business Development, Data Management, Professional Development, Project Management

See all updates »

Meghan Golden

Engaging in Activities that Violate Federal Law? DOJ Scrutiny of PPP Loan Recipients Turns to Ancillary Companies Supporting the Cannabis Industry

Since its inception, the cannabis industry has always existed alongside significant regulatory and compliance challenges. These largely stem from the fact that the manufacture, distribution and possession of marijuana remains…more

Audits, Cannabis-Related Businesses (CRBs), CARES Act, Controlled Substances Act, Coronavirus/COVID-19

See all updates »

Allan Goldner

China’s New Export Control Law: A Fact Sheet With Practical Applications

On October 17, 2020, the Export Control Law of the People’s Republic of China (“EC Law”) was finally promulgated after three rounds of deliberation by the 13th National People’s Congress. The new EC Law will take effect on…more

China, Criminal Penalties, Export Controls, Exports, Supply Chain

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Vanessa Gomez

FMC Final Rule on “Refusal to Deal or Negotiate” Effective Sept. 23, 2024

The Federal Maritime Commission (the “FMC”) issued its Final Rule on July 22, 2024, establishing its approach to determining what constitutes an unreasonable refusal to deal or negotiate cargo space and vessel space…more

Chevron Deference, Common Carriers, Exports, Federal Maritime Commission, Final Rules

See all updates »

N. Victor Goodman

What to Expect in 2024 at the Ohio Statehouse

While the campaigns for U.S. President, U.S. Senate, U.S. House, Ohio Supreme Court, and to a lesser extent the Ohio General Assembly will dominate media attention, we still anticipate activity at the Statehouse. Additionally,…more

Comment Period, Community Development, Congressional Committees, Executive Orders, Governor DeWine

See all updates »

Angela Gott

Supreme Court Rejects Three-Year Damages Bar in Copyright Infringement Actions

The recent decision permits recovery of all damages in “timely filed” copyright infringement actions regardless of when the infringement occurred. The decision does not, however, answer the critical question of when an action is…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Discovery Rule

See all updates »

Jason Greis

Dialysis & Nephrology Digest - August 2024

As value-based care (VBC) models continue to grow across our nation’s health system and specifically within different specialties like nephrology, the costs and challenges of maintaining these models continue to rise. In…more

Antitrust Investigations, Centers for Medicare & Medicaid Services (CMS), Dialysis, Dialysis Providers, Federal Trade Commission (FTC)

See all updates »

Christopher Grohman

Department of Justice Announces Department-Wide Safe Harbor for Voluntary Self-Disclosures Discovered During the M & A Process

On October 4, 2023, the Deputy Attorney General Lisa O. Monaco announced that the Department of Justice (“DOJ”) has adopted a new department-wide Mergers and Acquisitions Safe Harbor Policy (the “Safe Harbor Policy”) to…more

Acquisitions, Compliance, Corporate Misconduct, Department of Justice (DOJ), Mergers

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Holly Gross

Ohio Legislators Introduce Braden’s Law to Criminalize Sextortion

Groundbreaking legislation was recently introduced in the Ohio Legislature that would protect Ohio citizens from the threat of sexual extortion. Also known as Braden’s Law, Senate Bill 263, sponsored by State Senator Andrew…more

Exploitation, Extortion, Proposed Legislation

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Joseph Gross

OSHA Cites Employer for Failing to Protect Employees from Workplace Violence

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) continues to focus on preventing workplace violence in hospitals, nursing homes, and other healthcare settings, where employees are five times…more

Citations, Employer Liability Issues, Enforcement Actions, General Duty Clause, Healthcare Facilities

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Geetika Gupta-Roongta

USCIS Announces Changes to The H-1B Visa Lottery Registration, Selection, and Filing Process and Implements Fee Increases For Certain Visas

In an effort to reduce fraud in the H-1B Visa Lottery program, the U.S. Department of Homeland Security (DHS) is implementing a new process targeted at selecting unique beneficiaries rather than registrations. This will give…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, USCIS

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Norman Gutmacher

Password Protection Made Easy

You hear it time and time again. You need complicated passwords to protect your personal/private information. You may think that you don’t have that much private information, but, then again, consider the number of credit…more

Authentication, Data Protection, Passwords, Virtual Private Networks, Wi-Fi Hotspot

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Barry Guttman

Landmarks Newsletter - Summer 2019

It wouldn’t be the summer edition of Landmarks without our annual recap of the retail real estate industry’s largest event, ICSC RECon, which takes place every May in Las Vegas. Each year, RECon serves as a barometer for…more

Blockchain, Capital Formation, Closing Documents, Commercial Real Estate Market, Consent

See all updates »

Peter Hahn

Competitive Bidding Thresholds for Some Ohio Public Authorities Increasing October 3, 2023

In its 2023 budget bill, H.B. 33, the Ohio Legislature modified several provisions of the Ohio Revised Code that establish dollar thresholds for when certain public authorities must competitively bid for certain goods and…more

Amended Legislation, Competitive Bidding, Construction Industry, Construction Project, New Legislation

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Caroline Hamilton

Beware of the Spy Pixel: Arizona Faces New Class Action Trend Under Privacy Law

A new genre of class action privacy litigation has landed in Arizona. Several class action lawsuits were recently filed alleging email tracking using “spy pixel” trackers, allegedly in violation of the Arizona Telephone Privacy…more

Class Action, Email, Privacy Laws, Telephone Privacy Protection Acts, Tracking Systems

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Jeanne Hammerstrom

Benesch Law Ops - March 2018

It’s an overwhelmingly data-rich world we live in, but the key to any successful meeting, presentation or business opportunity is get to the useful data that can help you prepare properly. …more

Business Development, Data Management, Professional Development, Project Management

See all updates »

Rachel Hampton

With the Federal Rule of Evidence 702 Amendment in Place, Federal Courts Issue Rulings in Conformity with the Changes, and Attention Shifts to the States

It has now been over six months since the amendment to Federal Rule of Evidence 702 regarding the admissibility of expert testimony went into effect on Dec. 1, 2023…more

Amended Rules, Discovery, Evidence, Expert Testimony, Federal Rules of Evidence

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Cole Hardy

AI Reporter - June 2024

In the entertainment industry, Sony Music asserted that AI companies don’t have permission to use its recording artists’ works for AI training. In response to the industry’s concerns over the use of AI, members of Congress may…more

Actors, Artificial Intelligence, Artists, Class Action, Copyright

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Kaitlyn Heintzelman

CMS Releases Ownership Information for Hospices and Home Health

On Thursday, April 20, 2023, the U.S. Department of Health and Human Services (HHS) released ownership data for all Medicare-certified hospice and home health agencies on the Centers for Medicare & Medicaid Services (CMS)…more

Centers for Medicare & Medicaid Services (CMS), Data-Sharing, Department of Health and Human Services (HHS), Health Care Providers, Home Health Agencies

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Kari Heinze

Benesch DSO Intelligence Quarterly Report: Q3 2023

Profitable Dental Practices Push to Increase Patient Satisfaction Through Automation - A report by NexHealth, a digital scheduling platform, conducted a survey to determine the state of the dental industry in 2023 by…more

American Dental Association (ADA), Business Development, Corporate Practice of Dentistry, Dental Practice, Dentists

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Shannon Henry

Starbucks Union Dispute Reaches Supreme Court

On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees…more

Appeals, Elon Musk, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Rick Hepp

OSHA Cites Employer for Failing to Protect Employees from Workplace Violence

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) continues to focus on preventing workplace violence in hospitals, nursing homes, and other healthcare settings, where employees are five times…more

Citations, Employer Liability Issues, Enforcement Actions, General Duty Clause, Healthcare Facilities

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Rachel Hold-Weiss

OIG Refreshes General Compliance Program Guidance for Health Care Industry Stakeholders

On Nov. 6, 2023, the Department of Health and Human Services (“HHS”) Office of Inspector General (the “OIG”) issued its General Compliance Program Guidance User’s Guide (“GCPG”), a health care compliance program tool for health…more

Chief Compliance Officers, Compliance, Compliance Monitoring, Department of Health and Human Services (HHS), Health Care Providers

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Jennifer Hoover

InterConnect - Summer 2016

On April 6, 2016, the Food and Drug Administration (FDA) published its Final Rule on the Sanitary Transportation of Human and Animal Food (the Final Rule). These long-awaited regulations were mandated by the Food Safety…more

Bankruptcy Preferences, Commercial Bankruptcy, Commercial Truck Drivers, Exemptions, Final Rules

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David Hopkins

Justices Must Apply Law Evenly In Shadow Docket Rulings

In recent months, the country has seen the rise of the so-called shadow docket. For the uninitiated, this refers to a series of decisions from the U.S. Supreme Court reaching a significant ruling, often on a controversial issue,…more

Abortion, Injunctive Relief, National Federation of Independent Business v Department of Labor and OSHA, Roman Catholic Diocese of Brooklyn New York v. Cuomo, SCOTUS

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Christina Hultsch

Annual Report to Congress on Breaches of Unsecured Protected Health Information

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently published an executive summary (Report) outlining key enforcement activities of the Health Insurance Portability and Accountability…more

Annual Reports, Compliance, Data Breach, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI)

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J. Scott Humphrey

Texas District Court Permanently Blocks FTC Non-Compete Ban - Companies No Longer Need to Worry (For Now)

Yesterday, a Texas Federal Court permanently blocked the Federal Trade Commission's attempt to ban noncompete agreements. In doing so, the Texas Court determined that the Rule exceeded the FTC’s authority and, as such, was an…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Thomas Jackson

EEOC Issues New Workplace Harassment Guidance

For the first time in a quarter-century, the U.S. Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on workplace harassment. The April 29-guidance consolidates and supersedes several iterations of…more

Bostock v Clayton County Georgia, Disability Discrimination, Employment Discrimination, Enforcement, Enforcement Guidance

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Zachary Jacob

Benesch DSO Intelligence Quarterly Report: Q3 2023

Profitable Dental Practices Push to Increase Patient Satisfaction Through Automation - A report by NexHealth, a digital scheduling platform, conducted a survey to determine the state of the dental industry in 2023 by…more

American Dental Association (ADA), Business Development, Corporate Practice of Dentistry, Dental Practice, Dentists

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Shaneeda Jaffer

Will Jarkesy Be a Fatal Blow to Civil Enforcement in Administrative Agency Proceedings?

The end of the Supreme Court’s recent term saw two major decisions in the field of administrative law: Loper Bright Enterprises v. Raimondo and Securities & Exchange Commission v. Jarkesy. The Loper Bright decision, which…more

Administrative Procedure Act, Administrative Proceedings, Article III, Chevron Deference, Chevron v NRDC

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Emily Jaye Johnson

Retailers: Beware Legislator and Regulator Junk Fee Focus

For many months, Joe Biden has been leading the so-called war on junk fees, a campaign to restrict surcharges spanning across industries - from airline seating upcharges, to hotel resort fees, to extra service charges tacked on…more

Biden Administration, FCC, Federal Trade Commission (FTC), Fees, Hotels

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Alissa Jubelirer

HERE. WE. GO. Cannabis to be Rescheduled under the CSA

The moment we have all been waiting for has finally happened. Today, the AP reported that the Drug Enforcement Administration (DEA) has accepted the recommendation of the U.S. Department of Health and Human Services (HHS) to…more

Cannabis Products, Classification, Controlled Substances, Controlled Substances Act, DEA

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Jerry Justice

Benesch Law Ops - December 2017

Almost a dozen years ago, Benesch developed a formal client assessment program. Firm leadership believes this program is essential to our success in servicing our clients. The program includes a visit by the Chairman of the Firm…more

Business Development, Client Services, Law Practice Management

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Richard Kalson

Major Changes to Pennsylvania’s Contractor and Subcontract Payment Act

Pennsylvania’s amended Contractor and Subcontractor Payment Act (“CASPA”), 73 P.S. § 501 et seq., took effect October 10, 2018 and governs all contracts, subcontracts and purchase orders on private, nonresidential jobs entered…more

Amended Regulation, CASPA, Construction Contracts, Construction Industry, Construction Project

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Ira Kaplan

Benesch DSO Intelligence Quarterly Report: Q3 2023

Profitable Dental Practices Push to Increase Patient Satisfaction Through Automation - A report by NexHealth, a digital scheduling platform, conducted a survey to determine the state of the dental industry in 2023 by…more

American Dental Association (ADA), Business Development, Corporate Practice of Dentistry, Dental Practice, Dentists

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Grace Karam

Fifth Circuit Expands Legal Standard for Employment Discrimination Cases

On August 18, 2023, the Fifth Circuit overturned its longstanding precedent established in Dollis v. Rubin, 77 F.3d 777 (5th Cir. 1995). The new standard created in Hamilton v. Dallas County, case number 21-10133, allows for a…more

Appeals, Civil Rights Act, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Yelena Katz

PAGA Reform Package Strikes Balance: Boost for Workers, Relief for Employers

As we reported here, California voters had been tasked with deciding the future of California’s controversial Private Attorneys General Act (“PAGA”). PAGA gives individual employees the right to step into the shoes of both…more

Labor Law Violations, Pending Legislation, Private Attorneys General Act (PAGA), Regulatory Reform, State Labor Laws

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John Kerkhoff

Supreme Court Requires Jury in SEC Enforcement Proceedings

Case could signal broad jury rights for defendants in administrative enforcement actions. The Supreme Court struck a major blow to Securities and Exchange Commission enforcement proceedings Thursday, ruling that the Seventh…more

Enforcement Actions, Enforcement Authority, Government Agencies, Jury Trial, SCOTUS

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Megan Kern

ChatGPT Generates More than Data Outputs; Data Security and Privacy Concerns Grow as Artificial Intelligence Technology Rapidly Advances

One of the primary concerns surrounding ChatGPT and AI is the security of the data used to train and operate these machines and the potential privacy implications if the data is mishandled or intercepted by malicious actors. …more

Algorithms, Artificial Intelligence, Data Privacy, Data Protection, Data Security

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Thomas Kern

2024: Another Big Year for Cannabis in Ohio and Beyond

2023 was a big year for cannabis and Ohio continues to be center stage for cannabis as the state looks to shape the future of its adult-use recreational cannabis program. With Issue 2 passing in November, Ohio became the latest…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Decriminalization of Marijuana, Dispensaries

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Lisa Kimmel

DOL and Treasury Provide Relief from Certain ERISA Deadlines for Benefit Plans and Participants

On April 29, 2020, the Department of Labor and the Department of the Treasury (“Treasury”) issued guidance providing relief for employee benefit plans in the context of the COVID-19 pandemic. The guidance includes the Employee…more

Benefit Plan Sponsors, COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits

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Peter Kirsanow

Executive Order Combats Race and Sex Stereotyping

On September 22, 2020, President Trump signed a new executive order “On Combating Race and Sex Stereotyping.” The new order applies to federal contractors, federal agencies, and federal grant recipients and bans training that…more

Bias, Civil Rights Act, Colleges, Deregulation, Diversity

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Eric Kjellander

Construction Activities Exempt from Ohio’s “Stay At Home” Order - But Use Common Sense

The Director of the Ohio Department of Health issued a “Stay at Home” Order on Sunday, March 22, 2020. While that Order mandates that Ohio residents stay home and that non-essential businesses and operations cease, it contains a…more

Business Closures, Construction Industry, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors

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Nicole Kline

Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for…more

Anti-Competitive, Antitrust Violations, Board of Directors, Competition, Department of Justice (DOJ)

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Laura Kogan

Noteworthy Biometric Information Updates to the Ever-Changing Legal Landscape

Meta Lays the Groundwork for Potential Sea Change in BIPA Litigation - In Zellmer v. Meta Platforms, the Ninth Circuit evaluated an appeal from summary judgment entered in favor of Meta. This case stemmed from the allegation…more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection

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Robert Kolansky

Frozen at the Starting Line: Biden’s New Title IX Rules Blocked in Majority of States as Schools Torn Between Trump Initiatives and Biden’s New Guidelines

Twenty-six states filed litigation in courts nationwide to prevent the enactment of President Biden’s April 2024 revisions to the Title IX statute aimed at increasing protections for LGBTQIA+ athletes, pregnant and parenting…more

Biden Administration, Enforcement, Legal History, LGBTQ, Pending Litigation

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Lee Korland

Landmarks - Spring 2017

There continues to be very strong demand for high-quality commercial real estate. From 2011–2015, the volume of commercial real estate transactions nationally grew at an annualized rate well in excess of 10%, and projections for…more

Charitable Donations, Commercial Real Estate Market, Economic Development, Real Estate Development, Real Estate Investments

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Hannah Kraus

Federal Court Strikes Down Tip Credit Rule Promulgated by the DOL

On August 23, 2024, the Fifth Circuit Court of Appeals struck down a final rule promulgated by the Department of Labor (“DOL”) restricting when employers could take a tip credit for tipped employees under the Fair Labor…more

Administrative Agencies, Chevron Deference, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Food Service Workers

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Ryan Krisby

Corporate Transparency Act Imposes New Federal Reporting Requirements on Small Businesses

With its effective date on the horizon, many businesses will now need to file reports with the U.S. Dept of Treasury FinCEN division under the new Corporate Transparency Act. This Act, which is part of Congress’ Anti-Money…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Disclosure Requirements

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Eric Krischke

AI and IP: Leveraging Opportunities for Your Business

Artificial intelligence (AI) is rapidly transforming the world around us, and intellectual property (IP) is no exception. AI is being used to create new and innovative products and services, and it is also being used to enhance…more

Artificial Intelligence, Authors, Authorship, Best Practices, Copyright

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Jared Kriwinsky

Governor DeWine’s Executive Order Recommends 90 Day Protections for Tenants and Borrowers

On April 1, 2020, Governor Mike DeWine of Ohio issued Executive Order 2020-08D titled “Commercial Evictions and Foreclosures” (the “Order”) that applies to commercial landlords and lenders. Summary of the Order - As a…more

Commercial Leases, Eviction, Executive Orders, Financial Services Industry, Foreclosure

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Margarita Krncevic

USCIS Announces Changes to The H-1B Visa Lottery Registration, Selection, and Filing Process and Implements Fee Increases For Certain Visas

In an effort to reduce fraud in the H-1B Visa Lottery program, the U.S. Department of Homeland Security (DHS) is implementing a new process targeted at selecting unique beneficiaries rather than registrations. This will give…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, USCIS

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David Krueger

FCC Set to Upend Lead Generation Industry

On November 22, 2023, the Federal Communications Commission (FCC) issued a proposed rule that will completely upend the landscape of lead generation and digital marketing for consumer retailers and sellers. The proposed rule is…more

Compliance, Consent, FCC, Lead Generators, Marketing

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Nicholas Lacey

Regulatory Update for Marine Terminal Operators

Marine terminal operators (MTOs) and ocean common carriers became easy targets upon which to cast blame for the port congestion issues and supply chain weaknesses arising out of the COVID-19 pandemic…more

Federal Maritime Commission, Maritime Transport, Ocean Transportation System, Ports, Regulatory Oversight

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Matthew Langley

Point of Sale Newsletter - Q2 2020

Regulators are continuing to pursue enforcement action against misrepresentations that are connected to the COVID-19 pandemic. The FTC has received 71,841 fraud reports from January 1 to July 21, where total fraud loss was…more

Business Interruption, Coronavirus/COVID-19, Enforcement Actions, Federal Trade Commission (FTC), Fraud

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Arielle Lester

AI Reporter - July 2024

The AI sector continues to experience regulatory growing pains. Tech companies are struggling to comply with the EU’s new AI laws, which require more transparency in their model training. Meta, in particular, had to halt its AI…more

Analytics, Artificial Intelligence, Big Tech, Consumer Financial Protection Bureau (CFPB), Copyright Infringement

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Charles Leuin

Texas District Court Permanently Blocks FTC Non-Compete Ban - Companies No Longer Need to Worry (For Now)

Yesterday, a Texas Federal Court permanently blocked the Federal Trade Commission's attempt to ban noncompete agreements. In doing so, the Texas Court determined that the Rule exceeded the FTC’s authority and, as such, was an…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Ryan Levitt

White Collar Quarterly Report - August 2024

In 2023, the number of federal corporate prosecutions remained far below the 25-year average after two consecutive years of increases. ..The DOJ’s Fraud Section secured just $690 million in penalties across eight corporate…more

Bribery, College Athletes, Colleges, Compliance, Corruption

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Sean Li

AI Reporter - July 2024

The AI sector continues to experience regulatory growing pains. Tech companies are struggling to comply with the EU’s new AI laws, which require more transparency in their model training. Meta, in particular, had to halt its AI…more

Analytics, Artificial Intelligence, Big Tech, Consumer Financial Protection Bureau (CFPB), Copyright Infringement

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Carlo Lipson

AI Reporter - August 2024

Google and Microsoft are spearheading the Coalition for Secure AI, focusing on supply chain security and mitigation strategies. Whether this attempt at self-regulation will ultimately succeed is unknown, as it overlaps with…more

Artificial Intelligence, Artists, Banking Sector, Copyright, Copyright Litigation

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Megan MacCallum

U.S. Customs De Minimis Changes Announced for Section 321 - Duty-Free Treatment to Be Restricted

Duty-free imports of low-value goods under the Section 321 program will soon face significant restrictions under rulemaking signaled by the Biden Administration…more

Biden Administration, China, Consumer Product Safety Commission (CPSC), Customs and Border Protection, De Minimus Quantity Exemption

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Danielle Maldonado

Unprecedented Chicago Paid Leave and Paid Sick and Safe Leave Law Delayed to July 1, 2024

When the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”) on November 9, 2023, Chicago-based employers had mere weeks to adjust their leave policies to ensure compliance…more

City of Chicago, Employer Liability Issues, Local Ordinance, Paid Leave, Sick Leave

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Robert Marchant

Dental/DSO Intelligence Monthly Report: July/August 2024

Background on Indiana’s “Baby HSR” Law - Indiana passed Senate Bill 9 in March 2024, which requires an Indiana healthcare entity involved in a merger or acquisition with another healthcare entity with a value of at least…more

Acquisitions, American Dental Association (ADA), Antitrust Provisions, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS)

See all updates »

Kevin Margolis

Superfund Defense That The Government Hopes You Don't Know About - Part 3

The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability. Over time, many companies and their legal…more

CERCLA, Contaminated Properties, Defense Strategies, Hazardous Waste, NPDES

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Michael Marhofer

U.S. Private Equity: 2021 Market Outlook

This year should combine both commercial opportunities and regulatory risks for private equity. Deal multiples are high and will probably stabilize or continue to go a little higher given the combined effect of a scarcity of…more

Coronavirus/COVID-19, Economic Downturn, Fund Sponsors, Investment Opportunities, Investors

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Daniel Marks

Tennessee Governor Signs into Law First-of-its-Kind Bill Addressing AI Misappropriation of Voices, Images, and Songs

Beginning July 1, 2024, Tennessee musicians and artists will have an additional layer of protection for their voices and songs from generative AI cloning models and services that enable human impersonation and create…more

Artificial Intelligence, Artists, Audio Recording, Biden Administration, Civil Liability

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Sean McKinley

California Supreme Court Unanimously Rules that Uber, Lyft Drivers May Remain Classified as Independent Contractors

On July 25, 2024, the California Supreme Court unanimously ruled that Uber Technologies Inc. (“Uber”) and Lyft Inc. (“Lyft”) can continue classifying their California drivers as independent contractors…more

CA Supreme Court, Constitutional Challenges, Gig Economy, Independent Contractors, Lyft

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Megan Mehalko

REMINDER: Regulation S-K Amendments Effective November 9, 2020

As part of the ongoing efforts by the Securities and Exchange Commission (“SEC”) to modernize public company disclosures, the changes to Regulation S-K announced in late August will become effective on Monday, November…more

Amended Regulation, Corporate Governance, Disclosure Requirements, Publicly-Traded Companies, Regulation S-K

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Manish Mehta

Curver reaffirms Alice Analogue for Design Patents

In Curver Luxembourg, SARL v. Home Expressions Inc. (No. 2018-2214, Fed. Cir. Sept. 12, 2019), the Federal Circuit affirmed the dismissal of a design patent infringement suit that alleged infringement of U.S. Des. Pat. No…more

CLS Bank v Alice Corp, Design Patent, Dismissals, Federal Rule 12(b)(6), Motion to Dismiss

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Daniel Meier

Earnout Held to Violate NY Fee Splitting Prohibition

A pivotal decision by a New York Appellate Division court holding that earnouts based on the future revenue of a dental practice violated the NY Fee Splitting Prohibition could substantially impact the structuring of health care…more

Acquisitions, Appeals, Asset Purchase Agreements, Breach of Contract, Buyers

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Adam Mengler

Public Dollars, Private Discrimination: Protecting LGBT Students from School Voucher Discrimination

More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with religions…more

Admissions, Discrimination, Equal Protection, LGBTQ, Private Schools

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Michael Meuti

“Stay Awhile”: Supreme Court Tells District Courts Not to Dismiss Claims Pending Arbitration

In Smith v. Spizzirri, the Supreme Court unanimously held that federal district courts lack the power to dismiss a case sent to arbitration. Instead, under the Federal Arbitration Act, if a party moves to compel arbitration and…more

Arbitration, Arbitration Agreements, Dismissals, Federal Arbitration Act, Mandatory Arbitration

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Brian Mielcusny

SEC Adopts New Rules For Private Fund Advisers

On August 23, 2023, the Securities and Exchange Commission (“SEC”) formally adopted new rules and amendments (collectively, the “Final Rule”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), that…more

Compliance, Final Rules, Investment Adviser, Investment Advisers Act of 1940, Private Equity

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Sam Mintzer

Landmarks Newsletter - Summer 2018

Don’t believe everything you read about retail commercial real estate (Retail CRE). If you just looked at the headlines, then you would see that, since reaching a peak of 146.51 on July 25, 2016, the Dow Jones U.S. Retail REIT…more

Blockchain, Brick-and-Mortar Stores, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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Sara Mishic

Glossary of Transportation Law Terms

Highly regulated operational sectors often have bountiful, and sometimes conflicting, defined terms that make all the difference in legal matters. The domestic and international transportation and logistics sector is no…more

Aviation Industry, Customs and Border Protection, Department of Transportation (DOT), Transportation Industry

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Dana Molt

Health & Human Services Releases Final Rule for Opioid Treatment Programs

The U.S. Department of Health and Human Services (“HHS”) and the Substance Abuse and Mental Health Service Administration (“SAMHSA”) published a final rule on Feb. 2, 2024, that cemented significant Pandemic-era flexibilities…more

Department of Health and Human Services (HHS), Final Rules, Opioid, Pharmaceutical Industry, Prescription Drugs

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Juan Morado Jr.

Dialysis & Nephrology Digest - December 2023

Fresenius continues business consolidation with sale of fertility business for $545M - A consortium consisting of KKR portfolio company IVI RMA and Spanish PE firm GED Capital agreed to pay €500 million for Eugin Group,…more

Business Development, Department of Health and Human Services (HHS), Health Care Providers, Hospitals, Physicians

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Chris Moratschek

Governor DeWine’s Executive Order Recommends 90 Day Protections for Tenants and Borrowers

On April 1, 2020, Governor Mike DeWine of Ohio issued Executive Order 2020-08D titled “Commercial Evictions and Foreclosures” (the “Order”) that applies to commercial landlords and lenders. Summary of the Order - As a…more

Commercial Leases, Eviction, Executive Orders, Financial Services Industry, Foreclosure

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Bob Morgan

Illinois Update - Gov. Pritzker Extends Protection to Health Care Facilities, Professionals and Volunteers

On April 1, 2020, Illinois Governor J.B. Pritzker issued an Executive Order 2020-19 (“EO”), granting “health care facilities” and "health care professionals" under the Illinois Emergency Management Agency Act (IEMA) immunity…more

Coronavirus/COVID-19, Executive Orders, Governor Pritzker, Health Care Providers, Immunity

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Alyssa Moscarino

Protect Your Business As You Combat COVID-19 - Liability Immunity Under the PREP Act

In times of crisis, Americans give. They create. They innovate. And, most importantly, they help their neighbors. The COVID-19 pandemic will unleash the full strength of American ingenuity as we mobilize to find, develop,…more

Coronavirus/COVID-19, Countermeasures, Covered Entities, Emergency Response, Immunity

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Steven Moss

NLRB Overturns Two Major Trump-Era Precedents

This week, the National Labor Relations Board (“NLRB”) issued a series of decisions overturning two major Trump-era precedents. On August 30, 2023, the NLRB overturned Raytheon Network Centric Systems with its decisions in Wendt…more

Collective Bargaining, Contract Negotiations, NLRA, NLRB, NLRB General Counsel

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Lidia Mowad

Supreme Court Rejects Three-Year Damages Bar in Copyright Infringement Actions

The recent decision permits recovery of all damages in “timely filed” copyright infringement actions regardless of when the infringement occurred. The decision does not, however, answer the critical question of when an action is…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Discovery Rule

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Michael Mozes

InterConnect - Winter 2017

As any mergers and acquisitions (M&A) practitioner knows, one of the keys to a successful transaction is ensuring that all of the moving pieces come together smoothly at the appointed time for closing. Regulatory issues…more

Acquisitions, Administrative Appointments, Contract Interpretation, FMCSA, Mergers

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W. Clifford Mull

Earnout Held to Violate NY Fee Splitting Prohibition

A pivotal decision by a New York Appellate Division court holding that earnouts based on the future revenue of a dental practice violated the NY Fee Splitting Prohibition could substantially impact the structuring of health care…more

Acquisitions, Appeals, Asset Purchase Agreements, Breach of Contract, Buyers

See all updates »

Kelly Mulrane

Currents - April 2020: The Party Is Over for Some Charters

On November 26, 2004, the M/T Athos I allided with an abandoned anchor in the Delaware River while attempting to dock in Paulsboro, New Jersey. The nine-ton anchor punctured the vessel’s hull, spilling 264,000 gallons of heavy…more

CITGO Asphalt Refining Co v Frescati Shipping Co Ltd, Clean-Up Costs, Contract Terms, Oil Spills, Safe-Berth Clause

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Vince Nardone

Dental/DSO Intelligence Monthly Report: July/August 2024

Background on Indiana’s “Baby HSR” Law - Indiana passed Senate Bill 9 in March 2024, which requires an Indiana healthcare entity involved in a merger or acquisition with another healthcare entity with a value of at least…more

Acquisitions, American Dental Association (ADA), Antitrust Provisions, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS)

See all updates »

Robert Naumoff

U.S. Customs De Minimis Changes Announced for Section 321 - Duty-Free Treatment to Be Restricted

Duty-free imports of low-value goods under the Section 321 program will soon face significant restrictions under rulemaking signaled by the Biden Administration…more

Biden Administration, China, Consumer Product Safety Commission (CPSC), Customs and Border Protection, De Minimus Quantity Exemption

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J. Philip Nester

FMC Final Rule on “Refusal to Deal or Negotiate” Effective Sept. 23, 2024

The Federal Maritime Commission (the “FMC”) issued its Final Rule on July 22, 2024, establishing its approach to determining what constitutes an unreasonable refusal to deal or negotiate cargo space and vessel space…more

Chevron Deference, Common Carriers, Exports, Federal Maritime Commission, Final Rules

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Matt Nirider

IRPA Claims - A Troubling New Trend?

In recent weeks, a number of new class actions have been filed in the U.S. District Court for the Northern District of Illinois asserting novel claims under the Illinois Right to Publicity Act (“IRPA”) 765 ILCS 1075/1 et seq…more

Biometric Information Privacy Act, Class Action, Commercial Use, Intellectual Property Protection, Name and Likeness

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Kelly Noll

The DOJ's Lawsuit Against RealPage: Unpacking the Allegations and Implications for the Rental Market

The U.S. Department of Justice (DOJ) and eight state attorneys general have filed a lawsuit against real estate software company RealPage, alleging that its algorithmic pricing system has contributed to widespread price-fixing…more

Algorithms, Antitrust Division, Antitrust Litigation, Antitrust Violations, Artificial Intelligence

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Lily North

What’s in an “or”? Recent Supreme Court Decision Broadens the Scope of Specific Personal Jurisdiction, Narrowing Defendants’ Options When Sued Out of State

In a much-anticipated decision issued on March 25, 2021, the United States Supreme Court tackled when companies can be sued outside their “home” state. Ford Motor Co. v. Montana Eight Judicial District Court, 592 U.S. ___…more

Automotive Industry, Causation, Ford Motor, Ford Motor Co. v Montana Eighth Judicial District Court, Jurisdiction

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Daniel O'Brien

CMS Announces a Second Preview Period for the October 2024 SNF Preview Reports

On September 19, 2024, CMS announced a second preview period for the October 2024 SNF Preview Reports (“Preview Reports”) following the identification of a technical glitch that prevented the posting of these reports for Swing…more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Information Reports, Medicare, Skilled Nursing Facility

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Margo Wolf O'Donnell

Texas District Court Permanently Blocks FTC Non-Compete Ban - Companies No Longer Need to Worry (For Now)

Yesterday, a Texas Federal Court permanently blocked the Federal Trade Commission's attempt to ban noncompete agreements. In doing so, the Texas Court determined that the Rule exceeded the FTC’s authority and, as such, was an…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

See all updates »

Thomas O'Donnell

InterConnect Newsletter - Q2 2024

The U.S. Department of Transportation is seeking input from industry stakeholders on the role of artificial intelligence in the supply chain. The DOT’s Advanced Research Projects Agency – Infrastructure is one of many federal…more

Artificial Intelligence, CARB, Carbon Emissions, Clean Energy, Common Carriers

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Jared Oakes

Real Estate Joint Ventures Involving Private Equity Funds: Regulatory, Structuring, and Practical Considerations

The real estate joint venture (JV) is an investment vehicle that marries investment or development competence on one hand with capital on the other to invest in a real estate platform. The investment or development competence is…more

Buy-Sell Agreements, Choice of Entity, Contract Terms, Joint Venture, Limited Partnerships

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Lianzhong Pan

China’s New Export Control Law: A Fact Sheet With Practical Applications

On October 17, 2020, the Export Control Law of the People’s Republic of China (“EC Law”) was finally promulgated after three rounds of deliberation by the 13th National People’s Congress. The new EC Law will take effect on…more

China, Criminal Penalties, Export Controls, Exports, Supply Chain

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Johanna Fabrizio Parker

Increased Salary Thresholds for Exempt Employees Under the Fair Labor Standards Act Now Effective

As we previously reported, the Department of Labor (“DOL”) issued a Final Rule adjusting the minimum annual salary that an employee must be paid to qualify for the executive, administrative, and professional (“EAP”) exemptions…more

Compliance, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Megan Parker

AI Reporter - June 2024

In the entertainment industry, Sony Music asserted that AI companies don’t have permission to use its recording artists’ works for AI training. In response to the industry’s concerns over the use of AI, members of Congress may…more

Actors, Artificial Intelligence, Artists, Class Action, Copyright

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Parth Patel

White Collar Quarterly Report - August 2024

In 2023, the number of federal corporate prosecutions remained far below the 25-year average after two consecutive years of increases. ..The DOJ’s Fraud Section secured just $690 million in penalties across eight corporate…more

Bribery, College Athletes, Colleges, Compliance, Corruption

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Martha Payne

InterConnect Newsletter - Winter 2021/2022

Private Carriage Stand-Up: Where to Begin When In-Sourcing Transportation - An emerging trend in this era of supply chain disruption is the interest of large enterprise shippers, often in the consumer retail space, to…more

Customs and Border Protection, Department of Labor (DOL), Due Diligence, Exporters, Exports

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Christopher Pendleton

New Legislation Introduced to Protect and Expand Employee Rights and Benefits in New York

On September 6, 2023, New York Governor Kathy Hochul signed legislation making failure to pay wages a criminal offense. The new law, (S2832-A/A154-A), expands New York’s definition of larceny to include “wage theft,”…more

Criminal Liability, Employer Liability Issues, New Legislation, State Labor Laws, Unpaid Wages

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Joel Pentz

InterConnect Newsletter - Summer 2017

The removal of CSA scores from public view may not eliminate the ability for an injured party to sue based on the negligent selection of a motor carrier, but it changes the analysis. The FMCSA still allows public access to…more

Data Protection, Freight Forwarding, Independent Contractors, Motor Carriers, Supply Chain

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Sean Peppard

ESG in 2021 – The Role of Board Oversight of Corporate Political Spending

Environmental, social and governance (or ESG) issues have been hot topics and buzzwords in corporate governance for well over a decade and these issues have increasingly grabbed the attention of corporations and their boards of…more

Board of Directors, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), Institutional Investors

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Robert Pleines, Jr.

Driving Change: Emissions Regulation Impact and Adaptation

Environmental regulations, including those under the California Air Resources Board’s (CARB’s) jurisdiction, present a complex compliance challenge for vehicle fleet managers and operations departments across the country…more

Business Operations, CARB, Compliance, Department of Transportation (DOT), Trucking Industry

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Richard Plewacki

Ejected! California District Court Dismisses Trucking Industry’s New AB5 Challenge

As March Madness gets underway, a California federal judge has called a flagrant foul and ejected the trucking industry from its ongoing battle to challenge Assembly Bill No. 5 (“AB5”)…more

ABC Test, Commercial Truck Drivers, Employee Definition, Employer Liability Issues, Federal Aviation Administration Authorization Act of 1994 (FAAAA)

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Duncan Poirier

House Bill 194: Curbing Baseless Patent Infringement Claims

House Bill 194 was introduced on May 11, 2015, by primary sponsor Representative Kristina Roegner (R), Ohio House District 37. As introduced, the new bill will prohibit persons from engaging in the widespread sending of bad…more

Frivolous Lawsuits, Patent Infringement, Patents, Pending Legislation

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Connie Porter

FTC Announces Changes to HSR Thresholds and Fees

On January 26, 2023, the Federal Trade Commission (“FTC”) published in the Federal Register changes in the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”). The FTC updates these…more

Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Premerger Notifications

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Risto Pribisich

Brexit's Effect on Intellectual Property Rights

Now that the United Kingdom has voted to withdraw from the European Union (commonly known as “Brexit”), we turn to the question of how Brexit will affect intellectual property rights in the UK and Europe. The good news is…more

EU, European Patent Convention, European Patent Office, European Union Intellectual Property Office (EUIPO), European Union Trade Mark (EUTM)

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Adam Primm

Federal Court Strikes Down Tip Credit Rule Promulgated by the DOL

On August 23, 2024, the Fifth Circuit Court of Appeals struck down a final rule promulgated by the Department of Labor (“DOL”) restricting when employers could take a tip credit for tipped employees under the Fair Labor…more

Administrative Agencies, Chevron Deference, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Food Service Workers

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Nesko Radovic

CMS Announces a Second Preview Period for the October 2024 SNF Preview Reports

On September 19, 2024, CMS announced a second preview period for the October 2024 SNF Preview Reports (“Preview Reports”) following the identification of a technical glitch that prevented the posting of these reports for Swing…more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Information Reports, Medicare, Skilled Nursing Facility

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Aslam Rawoof

Developing a Comprehensive Corporate AI Policy: Legal, Ethical, and Compliance Considerations

At the recent AI Strategy Summit in New York, Benesch Partner Aslam Rawoof joined a distinguished panel to discuss the legal, ethical and compliance considerations surrounding corporate AI policy. Alongside panelists including…more

Artificial Intelligence, Chief Compliance Officers, Compliance, Corporate Governance, Ethical Duties

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Amanda Ray

AI Reporter - July 2024

The AI sector continues to experience regulatory growing pains. Tech companies are struggling to comply with the EU’s new AI laws, which require more transparency in their model training. Meta, in particular, had to halt its AI…more

Analytics, Artificial Intelligence, Big Tech, Consumer Financial Protection Bureau (CFPB), Copyright Infringement

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Christopher Razek

Glossary of Transportation Law Terms

Highly regulated operational sectors often have bountiful, and sometimes conflicting, defined terms that make all the difference in legal matters. The domestic and international transportation and logistics sector is no…more

Aviation Industry, Customs and Border Protection, Department of Transportation (DOT), Transportation Industry

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John Rego

Superfund Defense That The Government Hopes You Don't Know About - Part 3

The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability. Over time, many companies and their legal…more

CERCLA, Contaminated Properties, Defense Strategies, Hazardous Waste, NPDES

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Matthew Ridings

White Collar Quarterly Report - August 2024

In 2023, the number of federal corporate prosecutions remained far below the 25-year average after two consecutive years of increases. ..The DOJ’s Fraud Section secured just $690 million in penalties across eight corporate…more

Bribery, College Athletes, Colleges, Compliance, Corruption

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Abby Riffee

InterConnect Newsletter - Fall 2022

The growing prevalence of supply chain sustainability and related environmental, social, and governance (ESG) principles signals a shift requiring attention. Despite some vocal holdouts across the supply chain, the speed of ESG…more

Climate Change, Connected Cars, Corporate Governance, Customs and Border Protection, Cybersecurity

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Lauryn Robinson

Hoisted by Your Own (Pet)Arb Clause? New Developments in Mass Arbitration

For more than a decade, companies have benefited immensely from the United States Supreme Court decision of AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), which upheld a company’s right to compel consumers into…more

Amazon, American Arbitration Association, Arbitration, Arbitration Agreements, AT&T Mobility

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Robert Ross

U.S. Private Equity: 2021 Market Outlook

This year should combine both commercial opportunities and regulatory risks for private equity. Deal multiples are high and will probably stabilize or continue to go a little higher given the combined effect of a scarcity of…more

Coronavirus/COVID-19, Economic Downturn, Fund Sponsors, Investment Opportunities, Investors

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Anthony Rossi IV

Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for…more

Anti-Competitive, Antitrust Violations, Board of Directors, Competition, Department of Justice (DOJ)

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H. Alan Rothenbuecher

USCIS Announces Changes to The H-1B Visa Lottery Registration, Selection, and Filing Process and Implements Fee Increases For Certain Visas

In an effort to reduce fraud in the H-1B Visa Lottery program, the U.S. Department of Homeland Security (DHS) is implementing a new process targeted at selecting unique beneficiaries rather than registrations. This will give…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, USCIS

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Nathan Sargent

New CMS Rule Expands Required Ownership Disclosures for Skilled Nursing Facility Ownership

On Nov. 15, 2023, the Centers for Medicare and Medicaid Services (“CMS”) issued a new final rule that significantly expands required ownership disclosures for skilled nursing facility (“SNF(s)”) owners and operators…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Long Term Care Facilities, Nursing Homes

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Alan Schabes

CMS Announces a Second Preview Period for the October 2024 SNF Preview Reports

On September 19, 2024, CMS announced a second preview period for the October 2024 SNF Preview Reports (“Preview Reports”) following the identification of a technical glitch that prevented the posting of these reports for Swing…more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Information Reports, Medicare, Skilled Nursing Facility

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Lucas Schaetzel

Illinois Amends Biometric Information Privacy Act to Reign in Liquidated Damages and Permit Electronic Signatures

The amendments clarify that a plaintiff is only entitled to liquidated damages for up to one violation per person. Businesses had previously faced steep settlements or damage awards into the billions of dollars…more

Amended Legislation, Biometric Information, Biometric Information Privacy Act, Consent, Data Collection

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Sarah Schneider

Noteworthy Biometric Information Updates to the Ever-Changing Legal Landscape

Meta Lays the Groundwork for Potential Sea Change in BIPA Litigation - In Zellmer v. Meta Platforms, the Ninth Circuit evaluated an appeal from summary judgment entered in favor of Meta. This case stemmed from the allegation…more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection

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William Schonberg

Navigating Financial Distress Caused By The Coronavirus Pandemic

The COVID-19 pandemic has begun to have an almost crippling effect on the short-term operations of virtually all commercial businesses of any size, as well as their long-term viability. Even businesses classified as…more

Business Closures, Business Continuity Plans, Business Interruption, Coronavirus/COVID-19, Debt Restructuring

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Elsa Schulz

Unprecedented Chicago Paid Leave and Paid Sick and Safe Leave Law Delayed to July 1, 2024

When the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”) on November 9, 2023, Chicago-based employers had mere weeks to adjust their leave policies to ensure compliance…more

City of Chicago, Employer Liability Issues, Local Ordinance, Paid Leave, Sick Leave

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Helen Schweitz

2022 Data Protection & Privacy Check List

Beginning in January 2023, three new state privacy laws (and their applicable regulations) come into effect. Additionally, several other countries have taken steps to implement or shore up their own privacy and data protection…more

Compliance, Consumer Privacy Rights, Data Privacy, Data Protection, Privacy Laws

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Steven Selna

AI Reporter - August 2024

Google and Microsoft are spearheading the Coalition for Secure AI, focusing on supply chain security and mitigation strategies. Whether this attempt at self-regulation will ultimately succeed is unknown, as it overlaps with…more

Artificial Intelligence, Artists, Banking Sector, Copyright, Copyright Litigation

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Kal Shah

Supreme Court Overturns Apple’s $399 Million Design Patent Damage Award

For the first time in a century, the United States Supreme Court took up a design patent case. The question before the Court was are all of Samsung’s infringing smartphone profits a proper basis for damages or just some portion?…more

Apple v Samsung, Calculation of Damages, Design Patent, Patent Infringement, Reversal

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Peter Shelton

InterConnect Newsletter - Fall 2020

One effect of the COVID-19 pandemic is the renewed need for transportation providers to consider strengthening operating platforms by expanding into new markets, integrating new offerings or adjacent services, or growing the…more

Acquisitions, Bureau of Industry and Security (BIS), Compliance, Contract Terms, Coronavirus/COVID-19

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Stephanie Sheridan

Oldies but Not Goodies - Plaintiffs Put New Digital Spin on Song-Beverly

Over the past few months, a wave of new lawsuits has been filed in California state court against online retailers alleging violations of California’s Song-Beverly Credit Card Act, Cal. Civ. Code § 1747.08 (“Song-Beverly”)…more

Apple, Credit Cards, Data Collection, E-Commerce, Email

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Yulian Shtern

How Will CMS’ Interim Final Rule Implementing COVID-19 Vaccine Mandate impact Medicare and Medicaid Providers and Suppliers?

On November 5, 2021, the Centers for Medicare and Medicaid Services (CMS) released an interim final rule that will require all healthcare workers of certain Medicare and Medicaid certified providers and suppliers (as listed…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Interim Final Rules (IFR)

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Mark Silberman

White Collar Quarterly Report - August 2024

In 2023, the number of federal corporate prosecutions remained far below the 25-year average after two consecutive years of increases. ..The DOJ’s Fraud Section secured just $690 million in penalties across eight corporate…more

Bribery, College Athletes, Colleges, Compliance, Corruption

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Michael Silverstein

“Stay Awhile”: Supreme Court Tells District Courts Not to Dismiss Claims Pending Arbitration

In Smith v. Spizzirri, the Supreme Court unanimously held that federal district courts lack the power to dismiss a case sent to arbitration. Instead, under the Federal Arbitration Act, if a party moves to compel arbitration and…more

Arbitration, Arbitration Agreements, Dismissals, Federal Arbitration Act, Mandatory Arbitration

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Reed Sirak

Driving Change: Emissions Regulation Impact and Adaptation

Environmental regulations, including those under the California Air Resources Board’s (CARB’s) jurisdiction, present a complex compliance challenge for vehicle fleet managers and operations departments across the country…more

Business Operations, CARB, Compliance, Department of Transportation (DOT), Trucking Industry

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Bianca Smith

White Collar Quarterly Report - August 2024

In 2023, the number of federal corporate prosecutions remained far below the 25-year average after two consecutive years of increases. ..The DOJ’s Fraud Section secured just $690 million in penalties across eight corporate…more

Bribery, College Athletes, Colleges, Compliance, Corruption

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Michael Snyder

FERC Commissioner McNamee to Step Down

Commissioner Bernard McNamee, of the Federal Energy Regulatory Commission (“FERC”), has announced that he will officially relinquish his position on September 4, 2020. Background - FERC is the agency that regulates the…more

Administrative Appointments, Administrative Resignation, Energy Sector, FERC, Quorum

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Corey Sparks

Benesch DSO Intelligence Quarterly Report: Q3 2023

Profitable Dental Practices Push to Increase Patient Satisfaction Through Automation - A report by NexHealth, a digital scheduling platform, conducted a survey to determine the state of the dental industry in 2023 by…more

American Dental Association (ADA), Business Development, Corporate Practice of Dentistry, Dental Practice, Dentists

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Abraham Spira

2024 Outlook: Behavioral Health Trends

Healthcare systems are facing significant challenges in recruiting and retaining talent within the burgeoning field of behavioral health services, primarily due to competition from telehealth providers and inconsistent…more

Artificial Intelligence, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Controlled Substances, Coronavirus/COVID-19

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Antonia Stabile

Pricing Litigation: Ten Years In

Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is proud…more

Advertising, Antitrust Provisions, Arbitration, Class Action, Coronavirus/COVID-19

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Jennifer Stapleton

Just a Simple Misunderstanding? The Latest Argument from the United States Department of Treasury Concerning the Constitutionality of the Corporate Transparency Act.

As expected, shortly after receiving the Order from Judge Liles C. Burke of the District Court for the Northern District of Alabama that rendered unconstitutional the Corporate Transparency Act (the “CTA”), the United States…more

Appeals, Congressional Authority, Constitutional Challenges, Corporate Governance, Corporate Transparency Act

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Shaylor Steele

Post-Dobbs Update: What Every Employer Needs to Know Now - Presentation

Dobbs v. Jackson Women's Health Organization - ..6-3 decision: Justice Alito wrote the majority opinion, with separate concurrences from Justices Thomas, Kavanaugh, and Roberts, and dissent by Justices Breyer, Sotomayor, and…more

Abortion, Discrimination, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Deana Stein

Far From Home: Supreme Court Expands General Jurisdiction for Out-of-State Defendants in Mallory v. Norfolk Southern Railway Co.

When served with a summons and complaint for an out-of-state lawsuit, one of the first things a defendant is likely to ask is—can this court compel me to appear? Given that most transportation and logistics-related disputes…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Constitutional Challenges, DaimlerChrysler v Bauman, Due Process, General Jurisdiction

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Howard Steindler

Landmarks - Spring 2017

There continues to be very strong demand for high-quality commercial real estate. From 2011–2015, the volume of commercial real estate transactions nationally grew at an annualized rate well in excess of 10%, and projections for…more

Charitable Donations, Commercial Real Estate Market, Economic Development, Real Estate Development, Real Estate Investments

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Michael Stovsky

Q2 - 2023: Data Privacy & Cybersecurity Quarterly Briefing

Efforts to Address the Lack of Federal Data Privacy Legislation in the U.S. Have Continued - The need for federal data privacy legislation was reiterated in the House Energy and Commerce Committee’s Subcommittee on Innovation,…more

Artificial Intelligence, Biometric Information, Congressional Committees, Congressional Investigations & Hearings, Cyber Attacks

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Ryan Sulkin

AI Reporter - June 2024

In the entertainment industry, Sony Music asserted that AI companies don’t have permission to use its recording artists’ works for AI training. In response to the industry’s concerns over the use of AI, members of Congress may…more

Actors, Artificial Intelligence, Artists, Class Action, Copyright

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Martha Sweterlitsch

What to Expect in 2024 at the Ohio Statehouse

While the campaigns for U.S. President, U.S. Senate, U.S. House, Ohio Supreme Court, and to a lesser extent the Ohio General Assembly will dominate media attention, we still anticipate activity at the Statehouse. Additionally,…more

Comment Period, Community Development, Congressional Committees, Executive Orders, Governor DeWine

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Joseph Tegreene

FTC Announces Temporary Suspension of Early Terminations for HSR Filing Waiting Period; Reduced Filing Thresholds Go Into Effect on March 4

The Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) announced that both agencies will temporarily suspend the discretionary practice of early terminations of the Hart-Scott-Rodino Act (HSR) waiting period…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers, Premerger Notifications

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Jonathan Todd

U.S. Customs De Minimis Changes Announced for Section 321 - Duty-Free Treatment to Be Restricted

Duty-free imports of low-value goods under the Section 321 program will soon face significant restrictions under rulemaking signaled by the Biden Administration…more

Biden Administration, China, Consumer Product Safety Commission (CPSC), Customs and Border Protection, De Minimus Quantity Exemption

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Richard Tracanna

Key Business Tax Provisions Included in the CARES Act

On March 27, 2020, President Trump signed into law a broad economic stimulus bill known as the Coronavirus Aid, Relief and Economic Security Act (referred to herein as the “CARES Act” or the “Act”). The CARES Act attempts…more

Business Taxes, CARES Act, Coronavirus/COVID-19, Corporate Taxes, IRS

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Shivdutt Trivedi

Office for Civil Rights Announces Final Rule to Strengthen Reproductive Health Care Privacy

On April 22, 2024, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services issued a Final Rule, entitled ‘HIPAA Privacy Rule to Support Reproductive Health Care Privacy’…more

Abortion, Covered Entities, Data Privacy, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization

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Mark Tucker

What to Expect in 2024 at the Ohio Statehouse

While the campaigns for U.S. President, U.S. Senate, U.S. House, Ohio Supreme Court, and to a lesser extent the Ohio General Assembly will dominate media attention, we still anticipate activity at the Statehouse. Additionally,…more

Comment Period, Community Development, Congressional Committees, Executive Orders, Governor DeWine

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Jennifer Turk

Insurance Coverage Issues in the Midst of COVID-19

The 2019 novel coronavirus (“COVID-19”) continues to disrupt everyday life and scientific experts and world leaders agree that there is no concrete end in sight. Policyholders are understandably concerned wondering if their…more

Business Interruption, Commercial General Liability Policies, Commercial Insurance Policies, Coronavirus/COVID-19, D&O Insurance

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Michael Vatis

Q2 - 2023: Data Privacy & Cybersecurity Quarterly Briefing

Efforts to Address the Lack of Federal Data Privacy Legislation in the U.S. Have Continued - The need for federal data privacy legislation was reiterated in the House Energy and Commerce Committee’s Subcommittee on Innovation,…more

Artificial Intelligence, Biometric Information, Congressional Committees, Congressional Investigations & Hearings, Cyber Attacks

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Kathleen Vlasek

Governor DeWine’s Executive Order Recommends 90 Day Protections for Tenants and Borrowers

On April 1, 2020, Governor Mike DeWine of Ohio issued Executive Order 2020-08D titled “Commercial Evictions and Foreclosures” (the “Order”) that applies to commercial landlords and lenders. Summary of the Order - As a…more

Commercial Leases, Eviction, Executive Orders, Financial Services Industry, Foreclosure

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James von der Heydt

Noteworthy Biometric Information Updates to the Ever-Changing Legal Landscape

Meta Lays the Groundwork for Potential Sea Change in BIPA Litigation - In Zellmer v. Meta Platforms, the Ninth Circuit evaluated an appeal from summary judgment entered in favor of Meta. This case stemmed from the allegation…more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection

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Alyson Waite

EEOC Title VII Guidance, Captive Audience Meetings, Cemex, and Exempt Salary Threshold Challenges: May 2024 Labor and Employment Roundup

EEOC Title VII Guidance Challenged - On May 21, the Texas attorney general sought a permanent injunction to block the U.S. Equal Employment Opportunity Commission’s (“EEOC”) enforcement guidance over gender identity and…more

Bostock v Clayton County Georgia, Cemex, Department of Labor (DOL), Employer Liability Issues, Enforcement Guidance

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Bradley Wenclewicz

OSHA Cites Employer for Failing to Protect Employees from Workplace Violence

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) continues to focus on preventing workplace violence in hospitals, nursing homes, and other healthcare settings, where employees are five times…more

Citations, Employer Liability Issues, Enforcement Actions, General Duty Clause, Healthcare Facilities

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Susan White

Major Changes to Pennsylvania’s Contractor and Subcontract Payment Act

Pennsylvania’s amended Contractor and Subcontractor Payment Act (“CASPA”), 73 P.S. § 501 et seq., took effect October 10, 2018 and governs all contracts, subcontracts and purchase orders on private, nonresidential jobs entered…more

Amended Regulation, CASPA, Construction Contracts, Construction Industry, Construction Project

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Emily Wilbur

White Collar Quarterly Report | Q1 2024

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue…more

Anti-Corruption, Biden Administration, Bribery, Compliance, Corporate Misconduct

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Jeffrey Wild

COVID-19: Developer Claims Toolbox

COVID-19: Two Sides of the Same Coin - Introduction - Globally, the construction industry is largely in the excuse business. And, especially with the advent of COVID-19, that business is booming. Progress of construction…more

Construction Contracts, Construction Industry, Construction Project, Coronavirus/COVID-19

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Christopher Wilkes

The Amended FRE 702: No Charlatans on the Stand

The amended language of Federal Rule of Evidence 702, which governs the admissibility of expert testimony in federal court, takes effect on December 1, 2023. Even though the Advisory Committee comment stresses that it intended…more

Admissibility, Evidence, Federal Rules of Evidence, Litigation Strategies, Rule of Evidence 702

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Rachel Winder

Ohio Legislators Introduce Braden’s Law to Criminalize Sextortion

Groundbreaking legislation was recently introduced in the Ohio Legislature that would protect Ohio citizens from the threat of sexual extortion. Also known as Braden’s Law, Senate Bill 263, sponsored by State Senator Andrew…more

Exploitation, Extortion, Proposed Legislation

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Amanda Wyatt

Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for…more

Anti-Competitive, Antitrust Violations, Board of Directors, Competition, Department of Justice (DOJ)

See all updates »

Kathrin Zaki

Earnout Held to Violate NY Fee Splitting Prohibition

A pivotal decision by a New York Appellate Division court holding that earnouts based on the future revenue of a dental practice violated the NY Fee Splitting Prohibition could substantially impact the structuring of health care…more

Acquisitions, Appeals, Asset Purchase Agreements, Breach of Contract, Buyers

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Eric Zalud

A Broker Nuclear Verdict Reversal! (And a Very Good Year [In the Courts] for Brokers)

Suffice it to say that the past year has been a very good year for brokers; in the courts, that is! While there have been several very favorable preemption decisions across the country, the preemption doctrine is not universally…more

Agents, Bodily Injury, Brokers, Commercial Insurance Policies, Commercial Truck Drivers

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Robert Zimmerman

Ohio Legislators Introduce Braden’s Law to Criminalize Sextortion

Groundbreaking legislation was recently introduced in the Ohio Legislature that would protect Ohio citizens from the threat of sexual extortion. Also known as Braden’s Law, Senate Bill 263, sponsored by State Senator Andrew…more

Exploitation, Extortion, Proposed Legislation

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