Shumaker, Loop & Kendrick, LLP

Client Alert: New SAMHSA Requirements May Necessitate Changes to Business Associate Agreements

42 C.F.R. Part Two (“Part 2”) addresses the protection of substance use disorder (SUD) patient records, which are records held by SUD treatment programs that receive federal financial assistance (e.g., from Medicare or…more

Confidential Information, Employer Liability Issues, Health Care Providers, Human Resources Professionals, Medical Records

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Client Alert: COVID-19 and Contractual Obligations

As the number of people and communities impacted by the COVID-19 pandemic continues to grow, it is inevitable that there are going to be disruptions in the global supply chain. Given the early impacts of COVID-19 on the Far…more

Business Interruption, Coronavirus/COVID-19, Supply Chain

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Client Alert: Lease Drafting: Recover All Your Attorney Fees and Costs in an Eviction Action

As every landlord who’s successfully evicted a tenant knows, recovering all your attorney fees and litigation costs from the tenant often proves to be an unrealistic goal. Even with a creditworthy tenant or guarantor, there are…more

Attorney's Fees, Contract Drafting, Contract Terms, Eviction, Prevailing Party

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Insights - Spring 2013

In This Issue: - Taxpayer Relief Act of 2012 - Tax Planning for the “New Normal” - HIPAA: Not Just for Health Care - ADA Requirements for Pools - Impact of Dodd-Frank Swap Regulations on Loan Documents -…more

American Taxpayer Relief Act, Americans with Disabilities Act (ADA), Dodd-Frank, FDIC, Health Insurance Portability and Accountability Act (HIPAA)

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Florida Statutes May Require Community Associations to Hold Voting Certificates

To ensure the validity of its elections, a community association must conduct its elections in full compliance with Florida law and its governing documents, which includes enforcing its voting certificate requirements, if any…more

Community Associations, Condominium Associations, Election Laws, Florida, Homeowners Association (HOA)

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Client Alert: The Federal Circuit Opens a Narrow Door for Mandamus Review of PTAB Denials to Institute IPR

In the proceedings below, the accused infringer (“Mylan”) appealed a Patent Trial and Appeal Board (PTAB) decision that denied institution of inter partes review (IPR) for U.S. Patent No. 9,439,906, and also sought mandamus…more

Appeals, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Bankruptcy Court for the District of Puerto Rico Recognizes its First Chapter 15 Case

[co-author: Andrew Wit, Law Clerk] On March 5, 2020, the Bankruptcy Court for the District of Puerto Rico (“Bankruptcy Court”) entered an order converting a set of jointly-administered chapter 7 bankruptcy cases to cases…more

Bankruptcy Code, Bankruptcy Court, Chapter 15, Commercial Bankruptcy, Debtors

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Considerations on Criminal Background Checks & Tenancy Restrictions

Numerous condominiums and homeowner associations have Governing Documents, or rules and regulations that regulate leasing, including restriction to whom owners may rent. Many associations base their decisions on the results of a…more

Background Checks, Criminal Background Checks, Discrimination, Fair Housing Act (FHA), Homeowners Association (HOA)

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Banks Not Required to Capitalize OREO Costs

The Office of the Chief Counsel of the Internal Revenue Service has issued a Legal Memorandum (Number AM2013-001, dated March 1, 2013) (the “Memorandum”), which has important implications and represents a victory for lenders who…more

Capitalized Cost, Deed-in-Lieu of Foreclosure, Foreclosure, IRS, Mortgages

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Shumaker Environmental Update, April 2021

Interested Parties Review of Draft Hazardous Waste Management Rules: Ohio EPA has made a package of draft amended and no-change Hazardous Waste Management Program rules available for review by Interested Parties. The package is…more

Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Groundwater, Hazardous Waste

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Did You Lose Your Security Interest in That Collateral? The New Way to Perfect Security Interests Using Updated UCC Forms

Beginning July 1, 2023, many states began accepting revised Uniform Commercial Code (UCC) forms to perfect security interests. These revised forms were adopted earlier this year by the International Association of Commercial…more

Business Taxes, Collateral, Corporate Taxes, Perfected Security Interest, Tax Planning

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Client Alert: Florida Information Protection Act of 2014 - One Of The Strictest Data Breach Statutes in the Nation

If your business stores personal information of Florida Residents, you must be aware of a new Florida statute that has created specific reporting requirements in the case of a data breach. Failure to comply can result in…more

Covered Entities, Cybersecurity, Data Breach, New Legislation, Personally Identifiable Information

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Bankruptcy Preference Alert: Bankruptcy Code Temporarily Tilts in Favor of Supplier and Landlord Preference Defendants

For a limited time only, the “Consolidated Appropriations Act, 2021” (CAA) signed into law on December 27, 2020 amends Bankruptcy Code Section 547 to shield certain deferred supplier and rent payments from avoidance as…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19

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The Legal Tug of War Over the Definition of Waters of the United States

Once again, developers and other interested parties are grappling with yet another District Court decision regarding the definition of Waters of the United States. On August 30, 2021, the Federal District of Arizona vacated the…more

Biden Administration, Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Trump Administration

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Don’t Snub Staff in Your Law Firm Marketing Strategy

It is no secret that marketing and business development are key components to the success of modern-day law firms. With more than 1.3 million lawyers in the United States alone, gone are the days of waiting for the phone to…more

Business Development, Business Succession, Firm Leadership, Law Firm Ownership, Law Firm Partners

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Client Alert: Coronavirus: What Employers Need to Know About Providing Personal Protective Equipment

As a result of the outbreak of COVID-19, many questions have arisen over the obligation of employers to provide personal protective equipment (PPE), such as respirators. Among them are..…more

Coronavirus/COVID-19, Employer Liability Issues, Policies and Procedures, Workplace Safety

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The Estate Planner, September/October 2024

Moving to another state? Revisit your estate plan - If you recently relocated to a new state — or you’re planning such a move — it’s a good idea to review and update your estate plan. You won’t have to throw out your…more

Asset Management, Beneficiaries, Estate Planning, Estate Tax, Power of Attorney

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Client Alert: Beware of COVID-19 Cybersecurity Scams

Opportunistic cybercriminals are taking advantage of the COVID-19 pandemic to dramatically increase cyberattacks. Malware and phishing campaigns are especially prolific, where hackers are sending out emails disguised as helpful…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Cyber Attacks, Cyber Threats, Cybersecurity

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New Nursing Home Regulations are on the Horizon

On February 28, President Biden announced that the Department of Health and Human Services (HHS) will be issuing new regulations for nursing homes. HHS will be issuing regulations through the Centers for Medicare & Medicaid…more

Binding Arbitration, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare

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Client Alert: FAR/BAR Contract Considerations in the Time of COVID-19

The REALTOR®-Attorney Joint Committee is working expeditiously to create educational opportunities aimed at helping REALTOR® Association of Sarasota and Manatee (RASM) members navigate the COVID-19 pandemic. Now more than ever,…more

Coronavirus/COVID-19, Federal Acquisition Regulations (FAR), Force Majeure Clause

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Letter of Intent: Gateway to a Deal

Your time is valuable. So is the business that you are thinking about selling or the business you intend to acquire. You may also be thinking that before running up professional advisor costs, your business folks should be…more

Asset Purchaser, Contract Drafting, Good Faith, Letters of Intent, Negotiations

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Post Primary Election Report, Part One

This week, Ohio held the first primary of 2022, which included Statewide, U.S. Senate, State Supreme Court, and Congressional Races. The report highlights each race, key insights, overview of the new congressional districts, and…more

Election Results, Governors, Local Elections, Political Candidates, Primary Elections

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Client Alert: Extension of Families First Leave Benefits

On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (“American Rescue Act”). In addition to the widely touted direct stimulus payments and extension of the $300 federal unemployment…more

American Rescue Plan Act of 2021, Biden Administration, Coronavirus/COVID-19, Employee Benefits, Employer Liability Issues

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Client Alert: Florida Minimum Wage to Increase on September 30, 2022

On September 30, 2022, the minimum wage in Florida will increase from $10 per hour to $11 per hour. Employ­ers may pay their properly tipped employees a lower rate of $7.98 per hour (increased from $6.98 per hour), but the…more

Employer Liability Issues, Florida, Human Resources Professionals, Labor Regulations, Minimum Wage

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Client Alert: OSHA’s Emergency Temporary Standard Mandates Vaccination or Weekly Testing for Employers with 100+ Employees

Almost two months after President Biden proposed a “Path Out of the Pandemic,” the United States Occupational Safety and Health Administration (OSHA) issued its highly awaited Emergency Temporary Standard (ETS) requiring…more

Biden Administration, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety

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Client Alert: Critical Vendor in Texas: It’s a Rodeo

In Chapter 11 cases, one of a vendor’s best shots at getting paid its pre-petition debt is being designated as a “critical vendor”…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

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Client Alert: How Employers May Defer Social Security Tax Payments Under Section 2302 of the CARES Act

On April 10, 2020, the IRS issued a set of frequently asked questions (“FAQ”) with more detailed guidance on how employers may defer Social Security tax payments under Section 2302 of the Coronavirus Aid, Relief and Economic…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP)

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Client Alert: The CDC Eviction Order: What Does it Mean for Landlords?

Under a broad claim of authority, on September 4, 2020, the Centers for Disease Control and Prevention (“CDC”) issued an Order (85 FR 55292) to temporarily halt certain residential evictions effective immediately until December…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Financial Distress, Infectious Diseases

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Client Alert: Senate Finds Compromise on South Carolina Tort Claims Act Bill

As previously reported on January 24, 2019, Bill S0007 was pre-filed before the current legislative session. That Bill sought to more than triple the liability limits under the South Carolina Tort Claims Act. After much debate,…more

Consumer Price Index, Damage Caps, Frivolous Lawsuits, Government Agencies, Proposed Legislation

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Plan Sponsors on Alert After Recent Supreme Court Decision

On January 24, 2022, the U.S. Supreme Court handed down an important decision affecting plan fiduciaries who select investment options available to participants in a self-directed employee retirement plan (such as a 401(k)…more

401k, Benefit Plan Sponsors, Duty of Prudence, Employee Retirement Income Security Act (ERISA), Excessive Fees

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Preventing And Defending “Strike Suits” Against Sureties And Fidelity Carriers

Introduction - Recent years have seen an increase in what can be described as “strike suits” against sureties — i.e., lawsuits designed primarily to recover inflated attorney fees from a surety as part of an otherwise…more

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Client Alert: What Happens to a Florida Health Care Entity License that Expires During the Renewal Application?

Most health care facility licenses in Florida are issued by the Florida Agency for Health Care Administration (AHCA). This includes, but is not limited to, licenses for hospitals, home medical equipment, nursing homes, assisted…more

Assisted Living Facilities (ALFs), Florida, Healthcare, Healthcare Facilities, License Applications

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Client Alert: Federal Court Blocks FTC’s Non-Competition Ban

As reported in Shumaker’s prior Client Alert, on April 23, 2024, the Federal Trade Commission (FTC) implemented a Final Rule banning nearly all non-competition agreements as of September 4, 2024. Under this Final Rule, employers…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Client Alert: Mark Your Calendars: Overtime Exemption Salary Thresholds Increasing On July 1, 2024 And Again On January 1, 2025

On April 23, 2024, the United States Department of Labor (DOL) issued its Final Rule significantly increasing both the standard salary threshold for exempt employees employed in a bona fide executive, administrative, or…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Over-Time, Salary Caps

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Plan Sponsors on Alert After Recent Supreme Court Decision

On January 24, 2022, the U.S. Supreme Court handed down an important decision affecting plan fiduciaries who select investment options available to participants in a self-directed employee retirement plan (such as a 401(k)…more

401k, Benefit Plan Sponsors, Duty of Prudence, Employee Retirement Income Security Act (ERISA), Excessive Fees

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The Estate Planner, September/October 2024

Moving to another state? Revisit your estate plan - If you recently relocated to a new state — or you’re planning such a move — it’s a good idea to review and update your estate plan. You won’t have to throw out your…more

Asset Management, Beneficiaries, Estate Planning, Estate Tax, Power of Attorney

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HB 1203 (2024)’s Amendments to Section 720.3075, Florida Statutes Regarding Commercial Vehicles

A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community…more

Commercial Vehicles, Community Associations, Condominium Associations, Condominiums, Florida

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Client Alert: Fact Sheet for U.S. Small Business Administration (SBA) Disaster Loan Assistance

The U. S. Small Business Administration (SBA) provides low-interest, long-term disaster loans to businesses of all sizes.  In response to the COVID-19 crisis, the SBA has authorized Economic Injury Disaster Loans (EIDLs).  EIDLs…more

Business Interruption, Coronavirus/COVID-19, Economic Injury Disaster Loans, SBA, SBA Lending Programs

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Client Alert: Florida Enacts New Requirements for Hospital Emergency Departments

Florida has adopted new requirements for hospital emergency departments (EDs) as part of the broader ‘Live Healthy’ legislative package. Effective July 1, 2025, all hospitals with an ED must submit a “nonemergent care access…more

Emergency Rooms, Health Care Providers, Healthcare, Hospitals, Medicaid

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"insights" Newsletter - Autumn 2014

In this issue: - Immigration and Customs Enforcement ("ICE") - Antitrust and Compliance Programs - Staffing Companies and their Clients - Employment Law Update - Impact of the Windsor Decision…more

Customs, Immigration, Immigration Enforcement, Municipal Advisers, Patent Infringement

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Client Alert: Post-Legislative Session Report

On Friday, Florida legislators officially concluded the 2024 Regular Legislative Session. Prior to the symbolic drop of the hanky to signify the end of this year’s session, lawmakers were able to pass a balanced state budget for…more

Florida, General Assembly, Healthcare, Legislative Agendas, State and Local Government

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USPTO Grants Relief to Restore Priority Rights for Patent Applicants

According to U.S. patent law, the first inventor to file a patent application with the United States Patent and Trademark Office (USPTO) will receive the patent. Therefore, it is extremely important for applicants to receive an…more

Coronavirus/COVID-19, Patent Applications, Patents, USPTO

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Brazil Joins the Hague Agreement Concerning the International Registration of Industrial Designs

United States applicants can file a single design patent application under the Hague System, now designating Brazil and 96 other countries, including the U.S. - Filing a design patent in Brazil has never been easier. As of…more

Design Patent, Foreign Patent Applications, Intellectual Property Protection, Patent Applications, Patent Registration

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The Estate Planner, January/February 2024

Married couples: Joint or separate trusts? Revocable trusts are a key component of many estate plans. Among other things, these trusts allow you to minimize probate expenses, keep your financial affairs private and provide…more

Asset Management, Beneficiaries, Estate Planning, Estate Tax, Fiduciary Duty

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Client Alert: Federal Financial Institution Regulators Encourage Financial Institutions to Work with Borrowers

We are updating our Client Alert from March 26, 2020, in light of the issuance, on April 7, 2020, by the primary fed­eral financial institution regulators (the “Regulators”) of a revised Interagency Statement on Loan…more

CARES Act, Federal Reserve, GAAP

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Hyundai Can't Escape Antitrust Claims According to Federal Judge in North Carolina

CHARLOTTE, NC – The United States District Court for the Western District of North Carolina has denied plaintiffs Hyundai Motor Company’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (#36). This means that…more

Antitrust Litigation, Class Action, Failure To State A Claim, False Advertising, Federal Rule 12(b)(6)

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Client Alert: Federal Trade Commission Votes to Ban Non-Competes

On April 23, 2024, the Federal Trade Commission (FTC) voted—and approved—a final rule to ban almost all non-competition agreements in the country…more

Competition, Contract Terms, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Client Alert: FAA: Drone Manufacturers Must Self-Regulate

In October of 2018, the Federal Aviation Authority Reauthorization Act (“2018 Act”) was signed into law. The new law comes with a set of regulations which for the first time extend the FAA’s authority over the manufacturers of…more

Airspace, Drones, FAA Modernization and Reform Act, Manufacturers, Regulatory Burden

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Client Alert: Shumaker Advisors Florida Coronavirus Update

WHAT TO KNOW NOW - - Florida COVID-19 Update - Monday, March 23, 2020 Coronavirus in Florida by the numbers - - 1,007 total cases in Florida - 13 Floridians have died - State figures show more than 9.700 people…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Florida, Governor DeSantis

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Insights Newsletter - December 2016

SHINING LIGHT INTO THE HEART OF DARKNESS:An Update on the Cuban Embargo - I. Executive Summary - Sixty years after the imposition of the Cuban Embargo, the orthodoxy and ideology that caused it to persist are no longer…more

Barack Obama, Cuba, Cuban Assets Control Regulations (CACR), Embargo, Export Controls

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"Arbitration Agreements in Residential Construction Contracts," ActionLine Spring 2023

Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states. This population growth has been accompanied, at least until the third quarter of 2022, with…more

Arbitration, Arbitration Agreements, Arbitration Procedural Rules, Breach of Contract, Building Codes

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2022 Ohio Post General Election Report

The 2022 General Elections were held yesterday across the country. This report highlights election results throughout Ohio including U.S. Senate, Congressional, Statewide, State Supreme Court, and State Legislature. …more

General Elections, Local Elections, Members of Congress, Political Campaigns, Political Candidates

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Client Alert: Pier One Bankruptcy Court Approves Request to Delay Rent Payments to Commercial Landlords

After Pier One Imports filed for Chapter 11 on February 17, 2020, the company expected to move quickly through a pro­cess to approve a consensual reorganization plan. Due to Covid-19 restrictions, however, nearly all of the…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors, Debtors

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The Estate Planner, September/October 2024

Moving to another state? Revisit your estate plan - If you recently relocated to a new state — or you’re planning such a move — it’s a good idea to review and update your estate plan. You won’t have to throw out your…more

Asset Management, Beneficiaries, Estate Planning, Estate Tax, Power of Attorney

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Post Primary Election Report, Part One

This week, Ohio held the first primary of 2022, which included Statewide, U.S. Senate, State Supreme Court, and Congressional Races. The report highlights each race, key insights, overview of the new congressional districts, and…more

Election Results, Governors, Local Elections, Political Candidates, Primary Elections

See all updates »

Client Alert: Export Controls in The Age of Artificial Intelligence: Is Your Company Compliant?

The proliferation of Artificial Intelligence (AI) has impacted virtually every aspect of modern life, altering the course of human advancement in a countless number of fields ranging from science, technology, healthcare, and…more

Artificial Intelligence, Cybersecurity, Data Protection, Popular

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South Carolina Certificate of Need Program Repealed (Except for Nursing Homes)

After four years’ effort, the South Carolina House of Representatives unanimously passed S. 164 yesterday, eliminating Certificate of Need (CON) requirements for all health care facilities except nursing homes and the Medical…more

Ambulatory Surgery Centers, Assisted Living Facilities (ALFs), Certificate of Need, Health Care Providers, Healthcare Facilities

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Client Alert: Corporate Transparency Act to Take Effect January 1, 2024

Beginning January 1, 2024, the first wave of reporting requirements under the new Corporate Transparency Act (CTA) will take effect and will require that most companies created on or after such date file a report with the U.S…more

Anti-Corruption, Beneficial Owner, Corporate Transparency Act, Financial Crimes, Financial Regulatory Reform

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Client Alert: AT & T - Time Warner Merger Challenge Might Signal Policy Change on Vertical Mergers

The Department of Justice (“DOJ”) recently sued to block AT&T’s $85.4 billion bid for Time Warner, stating that such a merger would harm consumers by weakening competition. The lawsuit signals a policy change that “vertical…more

AT&T, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers

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Post Primary Election Report, Part One

This week, Ohio held the first primary of 2022, which included Statewide, U.S. Senate, State Supreme Court, and Congressional Races. The report highlights each race, key insights, overview of the new congressional districts, and…more

Election Results, Governors, Local Elections, Political Candidates, Primary Elections

See all updates »

Client Alert: Federal Reserve Main Street Lending Program Now Live; Proposed Expansion of Program for Not for Profits

Current Main Street Lending Program - The long-awaited $600 billion Main Street Lending Program (“MSLP”) established by the Board of Governors of the Federal Reserve System (the “Fed”) and to be administered by the Federal…more

CARES Act, Federal Reserve, Financial Stimulus, Main Street Lending Programs, Main Street New Loan Facility

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Client Alert: Consideration of Disability-Related Requests for Modification of Premises Under State and Federal Law

The Federal Fair Housing Act (FHA), as well as the substantially similar Florida Fair Housing Act (FFHA), prohibits discrimination in housing based on a person’s disability. As “housing providers,” homeowners associations and…more

Department of Justice (DOJ), Disability, Emotional Support Animals, Fair Housing Act (FHA), Florida

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Insights Newsletter - Autumn 2015

What to Do When the Government Comes Calling - In today’s complex world of e-commerce and international competition, increasingly governmental agencies (both state and federal) are resorting to “dawn raids” (i.e.,…more

Affordable Care Act, Cuba, Department of Justice (DOJ), Drones, Fair Labor Standards Act (FLSA)

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Client Alert: Shumaker Advisors Florida Coronavirus Update

WHAT TO KNOW NOW - - Florida COVID-19 Update - Monday, March 23, 2020 Coronavirus in Florida by the numbers - - 1,007 total cases in Florida - 13 Floridians have died - State figures show more than 9.700 people…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Florida, Governor DeSantis

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Client Alert: Proposed Federal Beneficial Ownership Reporting

Are small businesses with fewer than 20 employees and $5 million or less in revenues routinely laundering money for terrorists, drug dealers, and human traffickers? If you say “no,” you may be concerned about new attention paid…more

Federal Contractors, NDAA, Small Business

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Insights Newsletter - June 2016

TO SUFFER OR PERMIT: How The Broad Scope Of The Fair Labor Standards Act Is Increasing The Risk Of Doing Business - 2016 is shaping up to be a troubling one for employers subject to the provisions of the Fair Labor…more

Capital Formation, Fair Labor Standards Act (FLSA), False Claims Act (FCA), Joint Employers, Operating Agreements

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Client Alert: Domestic Renewal of H-1B Visas for Certain Applicants Now Available for a Limited Time

For the first time in two decades, a limited number of eligible H-1B workers are now able to apply to renew their visas without having to leave the United States. Starting January 29, 2024, the U.S. Department of State’s pilot…more

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

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Client Alert: Florida Information Protection Act of 2014 - One Of The Strictest Data Breach Statutes in the Nation

If your business stores personal information of Florida Residents, you must be aware of a new Florida statute that has created specific reporting requirements in the case of a data breach. Failure to comply can result in…more

Covered Entities, Cybersecurity, Data Breach, New Legislation, Personally Identifiable Information

See all updates »

USCIS Announces Employment Authorization Policy Changes for certain H-4, E, and L Dependent EAD Workers

U.S. Citizenship and Immigration Services (USCIS) has issued new policy guidance following the November 10, 2021 settlement agreement discussed in our previous Shumaker Immigration Bulletin blog post.  As of November 12, 2021,…more

Foreign Workers, Highly-Skilled Workers Visa, Immigrants, Immigration Procedures, Immigration Reform

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Brazil Joins the Hague Agreement Concerning the International Registration of Industrial Designs

United States applicants can file a single design patent application under the Hague System, now designating Brazil and 96 other countries, including the U.S. - Filing a design patent in Brazil has never been easier. As of…more

Design Patent, Foreign Patent Applications, Intellectual Property Protection, Patent Applications, Patent Registration

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“Say it Ain’t So Barry:” A Brief Commentary on United States v. Barry Lamar Bonds and the Elusive Definition of Obstruction of Justice

Politics can be a contact sport as is evident from the recent appointment of a Special Prosecutor to investigate alleged misdeeds by the Trump Administration including obstruction of justice. Ironically, the decision of an “en…more

Barry Bonds, Bribery, Criminal Liability, Criminal Prosecution, En Banc Review

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Consumer Financial Protection Bureau Implements 'Ability to Repay' Regulations for Covered Mortage Loans

It is a widely understood that loose underwriting standards and practices by some creditors – including their abject failure in some instances to confirm their borrowers’ ability to repay mortgage loans – contributed in large…more

Ability-to-Repay, Consumer Financial Protection Bureau (CFPB), Mortgages, Underwriting

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Hospital Cyber Resiliency Initiative Landscape Analysis

Health and Human Services (HHS) has released a report that details findings about the state of hospital cyber systems across the United States. In connection with a recent Ponemon Institute report on the cost and impact on…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Protection, Department of Health and Human Services (HHS)

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Key Points of the New Florida LLC Act

The 2013 Florida Legislature adopted a new LLC act which was signed by the Governor on June 14, 2013. The new law creates Chapter 605 of the Florida Statutes, which will be effective January 1, 2014. Generally speaking, until…more

Limited Liability Company (LLC)

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Client Alert: Beware of COVID-19 Cybersecurity Scams

Opportunistic cybercriminals are taking advantage of the COVID-19 pandemic to dramatically increase cyberattacks. Malware and phishing campaigns are especially prolific, where hackers are sending out emails disguised as helpful…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Cyber Attacks, Cyber Threats, Cybersecurity

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Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties For Not Providing Health Coverage In 2014; DOL Delays March 1 Participant Notice Requirement

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection and…more

Affordable Care Act, Department of Labor (DOL), Full-Time Employees, Health Insurance Exchanges, IRS

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Client Alert - Community Associations: Amendments to Chapters 718 & 720, Florida Statutes

On July 1, 2015, recent amendments to Chapters 718 and 720, Florida Statutes went into effect which will impact all condominium and homeowners’ associations in the state of Florida…more

Board of Directors, Condominium Associations, Condominium Corporation, Delinquency Status, Electronic Communications

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Client Alert: Treasury Delays Federal Income Tax Filing and Payment Deadlines

On March 20, 2020, the Internal Revenue Service (“IRS”) released Notice 2020-18 which delays  the due date for the filing of federal income tax returns and federal income tax payments due April 15, 2020 until July 15, 2020…more

Corporate Taxes, Federal Taxes, Filing Deadlines, Income Taxes, IRS

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HB 1203 (2024)’s Amendments to Section 720.3075, Florida Statutes Regarding Commercial Vehicles

A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community…more

Commercial Vehicles, Community Associations, Condominium Associations, Condominiums, Florida

See all updates »

Client Alert: Fact Sheet for U.S. Small Business Administration (SBA) Disaster Loan Assistance

The U. S. Small Business Administration (SBA) provides low-interest, long-term disaster loans to businesses of all sizes.  In response to the COVID-19 crisis, the SBA has authorized Economic Injury Disaster Loans (EIDLs).  EIDLs…more

Business Interruption, Coronavirus/COVID-19, Economic Injury Disaster Loans, SBA, SBA Lending Programs

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Client Alert: North Carolina Adopts Limited Immunity for Essential Businesses and Emergency Response Entities

On May 4, 2020, Governor Roy Cooper signed off on legislation that amends North Carolina General Statute §66-460 to provide immunity from civil liability to essential businesses, as defined in the Essential Business Executive…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Personal Protective Equipment, Public Health

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Shumaker Environmental Update, April 2021

Interested Parties Review of Draft Hazardous Waste Management Rules: Ohio EPA has made a package of draft amended and no-change Hazardous Waste Management Program rules available for review by Interested Parties. The package is…more

Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Groundwater, Hazardous Waste

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Environmental Update, December 2020 #2

Early Stakeholder Outreach – Review 2021 Rules: Ohio Environmental Protection Agency (OEPA), Division of Environmental Response and Revitalization (DERR), is seeking early stakeholder input on amendments to the Hazardous Waste…more

Chemicals, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Groundwater

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HB 1203 (2024)’s Amendments to Section 720.3075, Florida Statutes Regarding Commercial Vehicles

A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community…more

Commercial Vehicles, Community Associations, Condominium Associations, Condominiums, Florida

See all updates »

Client Alert: Insurance Coverage Issues Stemming From Coronavirus Losses

The spread of COVID-19 has impacted businesses across the country—some due to government-mandated closures, some due to economic hardship, and some due to a dwindling workforce. While facing these unprecedented economic…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Insurance Industry

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Client Alert: What Happens to a Florida Health Care Entity License that Expires During the Renewal Application?

Most health care facility licenses in Florida are issued by the Florida Agency for Health Care Administration (AHCA). This includes, but is not limited to, licenses for hospitals, home medical equipment, nursing homes, assisted…more

Assisted Living Facilities (ALFs), Florida, Healthcare, Healthcare Facilities, License Applications

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Plan Sponsors on Alert After Recent Supreme Court Decision

On January 24, 2022, the U.S. Supreme Court handed down an important decision affecting plan fiduciaries who select investment options available to participants in a self-directed employee retirement plan (such as a 401(k)…more

401k, Benefit Plan Sponsors, Duty of Prudence, Employee Retirement Income Security Act (ERISA), Excessive Fees

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Environmental Update - June 2020 (Issue 15)

Air - Public Comment Request - 2015 Ozone National Ambient Air Quality Standard Emissions Inventory & Emissions Statement Program - Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit, and…more

Clean Air Act, Drinking Water, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Oil & Gas

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U.S. Supreme Court Overrules the Chevron Doctrine; Major Changes Coming to Administrative Law

On Friday, the United States Supreme Court overruled Chevron v. Natural Resources Defense Council (1984), one of the most significant precedents in modern administrative law…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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Client Alert: Federal Legislative and Regulatory Alert

The spring Unified Agenda, which by law was supposed to be released by the Biden Administration in April, was made public on July 5th and lists the current regulatory agenda for all federal agencies. With most of the…more

Chevron Deference, Government Agencies, Judicial Authority, Regulatory Authority, SCOTUS

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South Carolina Enacts SALT Cap Workaround

South Carolina recently joined the growing number of states to enact legislation that provides a state workaround to the $10,000 State and Local Tax (SALT) federal income tax deduction cap imposed on individual taxpayers by the…more

Business Taxes, Corporate Taxes, Income Taxes, Local Taxes, SALT

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Client Alert: Federal Court Blocks FTC’s Non-Competition Ban

As reported in Shumaker’s prior Client Alert, on April 23, 2024, the Federal Trade Commission (FTC) implemented a Final Rule banning nearly all non-competition agreements as of September 4, 2024. Under this Final Rule, employers…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Client Alert: Paycheck Protection Program Flexibility Act

On June 5, 2020, the Paycheck Protection Program (PPP) Flexibility Act became law. This Act amends the Small Business and CARES Acts to provide additional flexibility to recipients of PPP loans in achieving forgiveness of the…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Paycheck Protection Program and Health Care Enhancement Act

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Client Alert: Federal Reserve Announces Expansion, Changes to Main Street Lending Program

This Client Alert serves to update and supplement our Client Alert of April 9, 2020, in light of additional guidance issued by the Board of Governors of the Federal Reserve System. Note, the Board of Governors and the Secretary…more

Banking Sector, Federal Reserve, Financial Institutions, Financial Services Industry

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Title IX Compliance: NCAA Adopts Sexual Violence Prevention Policy

In August, a formal sexual violence prevention policy was adopted by the NCAA Board of Governors. College coaches, student-athletes, and athletics administrators must now complete education each year in sexual violence…more

College Athletes, Colleges, Educational Institutions, NCAA, Sexual Assault

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Client Alert: Pride and Prejudiced – When to Report Insurance Claims

A condominium association in Florida is required by law to “use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the condominium…more

Community Associations, Condominium Associations, Condominiums, Florida, Homeowners Association (HOA)

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Client Alert: USCIS Finally Publishes the Dates for the New Fiscal Year’s H-1B lottery

U.S. Citizenship and Immigration Services (USCIS) recently updated employers and immigration practitioners regarding important dates to keep in mind regarding the upcoming H-1B registration for the upcoming H-1B lottery. This…more

Corporate Counsel, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

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The Estate Planner, September/October 2024

Moving to another state? Revisit your estate plan - If you recently relocated to a new state — or you’re planning such a move — it’s a good idea to review and update your estate plan. You won’t have to throw out your…more

Asset Management, Beneficiaries, Estate Planning, Estate Tax, Power of Attorney

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Client Alert: October 1, 2024 Deadline Approaching for Homeowners Associations to Provide Owners with Rules and Covenants or Notify Owners of Posting Online

No later than October 1, 2024, all Florida homeowners associations must either provide complete copies of their rules and covenants to each member or post complete copies of the rules and covenants on their website and provide…more

Community Associations, Condominium Associations, Condominiums, Florida, Homeowners Association (HOA)

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Client Alert: North Carolina Expands COVID-19 Civil Immunity for Health Care Providers

Please allow this to serve as an update to our April 16, 2020 client alert outlining the preliminary COVID-19 health care liability immunities ordered on April 8, 2020 by North Carolina Governor Roy Cooper. On May 4, 2020,…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Policies and Procedures

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Client Alert: New Federal Trade Secrets Law Brings Major Implications for Trade Secret Owners and Their Employees

On May 11, 2016, President Obama signed the Defend Trade Secrets Act into law. The Act amends the existing Economic Espionage Act, but more importantly, it creates for the first time a federal civil cause of action to protect…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Employment Contract, Ex Parte

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Client Alert: Fact Sheet for U.S. Small Business Administration (SBA) Disaster Loan Assistance

The U. S. Small Business Administration (SBA) provides low-interest, long-term disaster loans to businesses of all sizes.  In response to the COVID-19 crisis, the SBA has authorized Economic Injury Disaster Loans (EIDLs).  EIDLs…more

Business Interruption, Coronavirus/COVID-19, Economic Injury Disaster Loans, SBA, SBA Lending Programs

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Client Alert: Federal Legislative and Regulatory Alert

The spring Unified Agenda, which by law was supposed to be released by the Biden Administration in April, was made public on July 5th and lists the current regulatory agenda for all federal agencies. With most of the…more

Chevron Deference, Government Agencies, Judicial Authority, Regulatory Authority, SCOTUS

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New North Carolina Law Requires Inspection at More Bars Serving Food

Effective January 1, 2024, North Carolina law will require any bar that prepares or serves food requiring temperature and time control (TCS foods) to obtain a Food Service Establishment (FSE) permit from the county health…more

Alcohol Beverage Control, Food Safety, Food Service Workers, North Carolina, State and Local Government

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Shumaker Advisors 2022 Florida Legislative Session Weekly Newsletter, Week Nine

HIGHLIGHTS - The final week of the 2022 Legislative Session concluded today in Tallahassee. Lawmakers have nearly completed their business for the year, with only a final vote on the budget remaining. The legislature will…more

Legislative Agendas, Proposed Legislation, Race Relations, State and Local Government, State Budgets

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SEC Requires FINRA Membership for Previously Exempt Broker-Dealers

The Securities and Exchange Commission (SEC) has recently proposed (July 29, 2023) and rapidly adopted (August 23, 2023) amendments to SEC Rule 15b9-1 that will essentially require almost all broker-dealers to become registered…more

Broker-Dealer, Compliance, Financial Industry Regulatory Authority (FINRA), Investment Adviser, Investment Funds

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Client Alert: Considerations for Florida Commercial Landlords and Tenants During the COVID-19 Crisis

Due to the recent coronavirus outbreak, many non-es­sential Florida businesses have been forced to tem­porarily close. Other businesses have been forced to scale back operations, such as restaurants being lim­ited to offering…more

Coronavirus/COVID-19, Landlord and Tenant Acts, Landlords, Tenants

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Client Alert: Ohio’s New Employment Law Uniformity Act: What Employers Need to Know

On January 12, 2021, Ohio Governor Mike DeWine signed a significant piece of legislation that modifies Ohio’s existing employment discrimination laws. The passage of the Ohio Employment Law Uniformity Act (H.B. 242) (ELUA),…more

Employer Liability Issues, Hiring & Firing, Labor Law Violations, Labor Regulations, New Legislation

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Client Alert: Fact Sheet for U.S. Small Business Administration (SBA) Disaster Loan Assistance

The U. S. Small Business Administration (SBA) provides low-interest, long-term disaster loans to businesses of all sizes.  In response to the COVID-19 crisis, the SBA has authorized Economic Injury Disaster Loans (EIDLs).  EIDLs…more

Business Interruption, Coronavirus/COVID-19, Economic Injury Disaster Loans, SBA, SBA Lending Programs

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Ohio EPA Updates, January 2021

Early Stakeholder Outreach- CRO 2022 Rules: Ohio EPA, Division of Environmental Response and Revitalization (DERR), is seeking stakeholder input on amendments to rules in the Cessation of Regulated Activities Program. The…more

Carbon Emissions, Clean Air Act, Energy Policy, Environmental Policies, Environmental Protection Agency (EPA)

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The Estate Planner, September/October 2024

Moving to another state? Revisit your estate plan - If you recently relocated to a new state — or you’re planning such a move — it’s a good idea to review and update your estate plan. You won’t have to throw out your…more

Asset Management, Beneficiaries, Estate Planning, Estate Tax, Power of Attorney

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Shumaker Environmental Update, April 2021

Interested Parties Review of Draft Hazardous Waste Management Rules: Ohio EPA has made a package of draft amended and no-change Hazardous Waste Management Program rules available for review by Interested Parties. The package is…more

Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Groundwater, Hazardous Waste

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Client Alert: Are Changes Afoot for Estate and Gift Taxes?

With the current administration and composition of Congress, the short answer is “yes.” Senator Bernie Sanders introduced proposed tax reform legislation on March 25th, which would make major changes to the current estate and…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

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Client Alert: The Corporate Transparency Act Imposes Reporting Requirements Applicable to Many Condominium, Cooperative, and Homeowners Associations

The Federal Corporate Transparency Act (CTA), which took effect January 1, 2024, requires most homeowners, condominium, and other community associations to report information relating to the association and its directors and…more

Anti-Corruption, Anti-Money Laundering, Business Associations, Condominium Associations, Corporate Transparency Act

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Client Alert: COVID-19 and Contractual Obligations

As the number of people and communities impacted by the COVID-19 pandemic continues to grow, it is inevitable that there are going to be disruptions in the global supply chain. Given the early impacts of COVID-19 on the Far…more

Business Interruption, Coronavirus/COVID-19, Supply Chain

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Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties For Not Providing Health Coverage In 2014; DOL Delays March 1 Participant Notice Requirement

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection and…more

Affordable Care Act, Department of Labor (DOL), Full-Time Employees, Health Insurance Exchanges, IRS

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Client Alert: Florida Legislature Eases Procurement and Payment Process for Construction Professionals on State and Local Public Projects

During the 2020 session, the Florida Legislature enacted a number of provisions intended to ease the financial burden on construction industry professionals who perform state and local public works projects. Effective July 1,…more

Construction Industry, Construction Project, Project Finance, Public Projects

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New North Carolina Law Requires Inspection at More Bars Serving Food

Effective January 1, 2024, North Carolina law will require any bar that prepares or serves food requiring temperature and time control (TCS foods) to obtain a Food Service Establishment (FSE) permit from the county health…more

Alcohol Beverage Control, Food Safety, Food Service Workers, North Carolina, State and Local Government

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Client Alert: North Carolina Expands COVID-19 Civil Immunity for Health Care Providers

Please allow this to serve as an update to our April 16, 2020 client alert outlining the preliminary COVID-19 health care liability immunities ordered on April 8, 2020 by North Carolina Governor Roy Cooper. On May 4, 2020,…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Policies and Procedures

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Accelerated Examination for First-Time Inventors

The United States Patent and Trademark Office (USPTO) recently launched a First-Time Filer Expedited Examination Pilot Program. The Program is designed to increase accessibility to the patent system for new inventors. The…more

Inventors, Patent Applications, Patent Trial and Appeal Board, Patents, USPTO

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Client Alert: Post-Legislative Session Report

On Friday, Florida legislators officially concluded the 2024 Regular Legislative Session. Prior to the symbolic drop of the hanky to signify the end of this year’s session, lawmakers were able to pass a balanced state budget for…more

Florida, General Assembly, Healthcare, Legislative Agendas, State and Local Government

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The Estate Planner, March/April 2023

Funding long-term care expenses: What are your options? Few things can derail your estate plan as quickly as unanticipated long-term care (LTC) expenses. Most people will need some form of LTC — such as a nursing home or…more

Asset Management, Beneficiaries, Estate Planning, Family Members, Financial Planning

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SEC Approves Significant Changes to Expungement Process

It will become significantly more difficult to remove false customer complaints from advisors’ Central Registration Depositories (CRDs). Financial Industry Regulatory Authority (FINRA) is moving forward with long-pending changes…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Investment Adviser, Securities and Exchange Commission (SEC)

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Client Alert: FTC Gives Guidance in Slaying the Data Breach Dragon

The FTC has recently provided specific guidance on what it considers appropriate data breach protection activity by financial institutions. Such guidance came by virtue of a proposed consent order, dated August 29, 2017,…more

Consent Order, Data Breach, Enforcement Actions, Federal Trade Commission (FTC), Financial Institutions

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Client Alert: Recent Statutory Changes in Florida Insurance Law: Bad Faith - Part Four

This is the final in a series of four articles analyzing recent changes to Florida law governing bad-faith claims in insurance coverage litigation made in Senate Bill 2A and House Bill 837, which became law in December 2022 and…more

Bad Faith, Florida, Insurance Claims, Insurance Industry, Insurance Litigation

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Client Alert: OSHA’s Emergency Temporary Standard Mandates Vaccination or Weekly Testing for Employers with 100+ Employees

Almost two months after President Biden proposed a “Path Out of the Pandemic,” the United States Occupational Safety and Health Administration (OSHA) issued its highly awaited Emergency Temporary Standard (ETS) requiring…more

Biden Administration, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety

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Client Alert: Changes in the European Union

As of March 23, 2016, the EU Trade Mark Regulation (EUTMR) came into force and replaced the Community Trade Mark Regulation (CTMR). Some of the more significant changes of which trademark owners should be aware are..…more

Community Trade Mark Regulation (CTM Regulation), EU, European Union Intellectual Property Office (EUIPO), OHIM, Trademarks

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Client Alert: EPA’s Cost Benefit Analysis Rule: The Necessity and Limits of Cost Benefit Analysis Expected this Year

Last summer, Environmental Protection Agency (EPA) began one of the more important, and less understood, rulemakings in recent years in “Increasing Consistency and Transparency in Considering Benefits and Cost in the Clean Air…more

Carbon Emissions, Clean Air Act, Cost-Benefit Analysis, Environmental Policies, Environmental Protection Agency (EPA)

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O’Bannon’s End: Supreme Court Rejects Appellate Review

The lawsuit against the NCAA over whether Division I men’s basketball and football players can be compensated for the commercial use of their names, images and likenesses came to an abrupt end on Monday as the U.S. Supreme Court…more

College Athletes, Name and Likeness, NCAA, O'Bannon v NCAA, Petition for Writ of Certiorari

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Intellectual Property Law News Alert: Craft Brewer Stone Brewing Co. wins $56 Million Jury Verdict for Trademark Infringement Against Beer Giant MillerCoors’s Rebranding of Key- “Stone” Beer

A jury awarded a $56 million verdict for trademark infringement to an independent craft brewer against the world’s fifth largest beer company on March 25, 2022. The verdict highlights the damage to a smaller business when a much…more

Beer, Beverage Manufacturers, Breweries, Jury Verdicts, Likelihood of Confusion

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Kmart Bankruptcy, Part Deux

It’s no secret that Kmart is facing another liquidity crisis. Just over ten years after Sears rescued the discount retailer from bankruptcy in 2006, the pioneer of the “blue light special” is destined for another, and perhaps…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Commercial Leases, Kmart

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Client Alert: Trust Disputes: When a Charitable Donation Seems Impossible, Cy Pres may be able to Help

Florida residents spend time and energy to ensure their wishes are carried out after death by preparing a will or trust through the assistance of an estate lawyer. Sometimes, their wishes include donating money, land, or…more

Charitable Donations, Cy Pres Funds, Educational Institutions, Estate Planning, Trustees

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Client Alert: AT & T - Time Warner Merger Challenge Might Signal Policy Change on Vertical Mergers

The Department of Justice (“DOJ”) recently sued to block AT&T’s $85.4 billion bid for Time Warner, stating that such a merger would harm consumers by weakening competition. The lawsuit signals a policy change that “vertical…more

AT&T, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers

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Client Alert: Federal Legislative and Regulatory Alert

The spring Unified Agenda, which by law was supposed to be released by the Biden Administration in April, was made public on July 5th and lists the current regulatory agenda for all federal agencies. With most of the…more

Chevron Deference, Government Agencies, Judicial Authority, Regulatory Authority, SCOTUS

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Client Alert: Top Ten Things the Health Care Industry Should Know about Civil Investigative Demands

Civil Investigative Demands, or CIDs, are a favorite tool of the Federal Government to get information from all types of providers who bill federal payors. This information could form the basis of a civil or criminal lawsuit…more

Civil Investigation Demand, Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers, Whistleblowers

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Fiscal 2024 Minibus Appropriations Bill Signed, Averting Government Shutdown

On Friday night, the U.S. Senate cleared the Fiscal 2024 Omnibus spending measure for President Biden’s signature. On Saturday morning, President Biden signed into law the Fiscal 2024 Minibus appropriations legislation…more

Administrative Agencies, Appropriations Bill, Federal Budget, Federal Funding, Government Agencies

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Client Alert: IRS Unveils Pilot Program for Retirement Plan Sponsors Under Audit

In a June 8th announcement, the Internal Revenue Service (IRS) rolled out a pilot program allowing for pre-examination correction of operational issues in qualified retirement plans. Previously, a plan sponsor could not…more

Benefit Plan Sponsors, Employee Benefits, Human Resources Professionals, IRS, Retirement Plan

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Client Alert: Supreme Court Settles Debate in Florida in Favor of Protection of Referral Sources Under Non-Compete Statute at Least in Some Circumstances

On September 14, 2017, the Florida Supreme Court issued a unanimous opinion in consolidated cases White v. Mederi Caretenders Visiting Services of Southeast Florida, LLC, SC Appeal No. SC 16-28 and Americare Home Therapy, Inc.,…more

FL Supreme Court, Home Health Care, Home Healthcare Workers, Job Referrals, Non-Compete Agreements

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Insights Newsletter - June 2016

TO SUFFER OR PERMIT: How The Broad Scope Of The Fair Labor Standards Act Is Increasing The Risk Of Doing Business - 2016 is shaping up to be a troubling one for employers subject to the provisions of the Fair Labor…more

Capital Formation, Fair Labor Standards Act (FLSA), False Claims Act (FCA), Joint Employers, Operating Agreements

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Client Alert: October 1, 2024 Deadline Approaching for Homeowners Associations to Provide Owners with Rules and Covenants or Notify Owners of Posting Online

No later than October 1, 2024, all Florida homeowners associations must either provide complete copies of their rules and covenants to each member or post complete copies of the rules and covenants on their website and provide…more

Community Associations, Condominium Associations, Condominiums, Florida, Homeowners Association (HOA)

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