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Articles by Shohl LLP
Changes to Ohio’s Workers’ Compensation Statutes Expected to Benefit Employers
July 10, 2020 U.S. Supreme Court to Address Circuit Split on Definition of ATDS... by: Lisa S. Yun and Shannon Z. Petersen Industry Associations Petition EPA to Develop Risk Management... by: Government Regulation Beltway Buzz, July 10, 2020 by: James J. Plunkett FCA Updates Webpage on the Temporary Permissions Regime by: Carolyn H. Jackson and Nathaniel W. Lalone OSHA Publishes Responses to Frequently Asked Questions on Worker... by: Robert K. Foster and David B.
Daily Legal News
Daily Legal News - New Corporations Company Name LECTIO CAPITAL, LLC Charter # 4479836 Document # 202014904616 Effective Date Thursday, May 28, 2020 Type Limited Liability Company Consent N County Town Filed by. DINSMORE & SHOHL LLP Agent. Dinsmore Agent Co. Business Data Incorporators CHRISTOPHER M. HAMMOND AUTHORIZED REPRESENTATIVE About your information and the public record.
Daily Legal News
Daily Legal News - New Corporations Company Name PORTSMOUTH SENIOR LOFTS MANAGER, INC. Charter # 4477750 Document # 202014400278 Effective Date Saturday, May 23, 2020 Type For-Profit Consent Y County Montgomery Town Dayton Filed by. DINSMORE & SHOHL LLP Agent. Ch&K Agent Service, Inc. Business Data Incorporators FREDERICK J. CASPAR INCORPORATOR About your information and the public record.
US Trademark Office Waives/Refunds Fees for Reviving Applications and Registrations Abandoned Due to COVID-19
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Marijuana in the Workplace
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
CARES Act Individual Benefits FAQ
Monday, April 20, 2020 Who is eligible for the 2020 recovery rebates? All U.S. residents with adjusted gross income up to $75,000 ($150,000 joint return, $112,500 head of household), who are not a dependent of another taxpayer and have a work-eligible social security number, are eligible for the full $1,200 ($2,400 joint return) rebate. In addition, they are eligible for an additional $500 per dependent child under age 17.
CARES Act Key Employee Benefit Plan
Tuesday, April 14, 2020 On Friday, March 27, 2020, President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security Act, H.R. 748, ( CARES Act or Act), a $2 trillion stimulus bill the House passed by voice vote earlier the same day and the Senate passed on Wednesday, March 25, by a vote of 96-0. The CARES Act is the largest economic relief package in the history of the United States.
Strategies for Healthcare Entities to Minimize the Financial Impact of the COVID-19 Crisis
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
No More “Quickie Elections”: NLRB’s New Election Procedures Delayed Until May 31
April 01, 2020 Which Law Applies When Determining the Validity of an Assignment of... by: Jens Rinze SEC, OCIE and Enforcement Are Still Watching by: James G. Lundy and Mary P. Hansen No More “Quickie Elections”: NLRB’s New Election Procedures Delayed... by: Labor & Employment at Dinsmore Emergency Tenant Protections Take Effect in the City of Los Angeles by: Alfred Fraijo Jr. President Trump Signs Coronavirus Aid, Relief and Economic Security (...
IRS Answers IRA and Benefits Questions after COVID-19 Tax-Filing Extension
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Construction Not Deemed ‘Critical’ Service in Michigan Stay-at-Home Order
Wednesday, March 25, 2020 Michigan Governor Gretchen Whitmer issued Executive Order No. 2020-21 on March 23, 2020. Effective 12:01 a.m., March 24, 2020 and continuing through, at least, April 13, 2020, individuals may only leave their place of residence under very limited circumstances. This Order follows what many other states have already enacted. Many contractors, owners, subcontractors, suppliers, and sureties now want to know how the Order impacts construction projects in Michigan.
MSHA’s Fall Regulatory Agenda — 2019 | Lexology
In November of 2019, the Trump administration issued unified agenda of regulatory and deregulatory actions. Within the United States Department of Labor, the Mine Safety and Health Administration (“MSHA”) issued six notices–two in the prerule stage, three in the proposed rule stage, and one in the final rule stage. Each of these actions is discussed in further detail below.
Kentucky Proposed 340B Policy and Procedures Manual | Lexology
The Federal 340B Drug Discount Program (the “340B Program”) is a budget-neutral drug-pricing program that allows certain hospitals and clinics (“Covered Entities”) to buy discounted medication from drug manufacturers.1 Established in 1992, the 340B Program has grown to become a critical financial resource for safety-net health care providers across the United States, including disproportionate share hospitals, critical access hospitals, and sole community hospitals, as well as federally...
MSHA Part 100 Conference Settlement Agreement Information
Thursday, May 16, 2019 Historically, the vast majority of contested citations and orders settle before a hearing. However, any contested matter represents litigation time and expense even if the parties settle the matter. MSHA is initiating a three-month pilot project in this MSHA district to determine whether regularly-assessed issuances that the parties otherwise might settle or litigate post-contest can be resolved pre-contest, at Part 100 conferences.
Information for Operators Part 100 Conference Settlement Agreements Pilot Project for Regular Assessments
April 15, 2019 Proposed Amendment to California Consumer Privacy Act Would Exclude... by: Sean Paisan The Truth About Penalty and Interest Abatement with the IRS by: Business and Corporate Services at Varnum LLP Aiming for Clarity, DOL Proposes to Update the FLSA’s “Joint Employer... by: Garen E. Dodge and Keith A. Goodwin Massachusetts SJC: Rule 23 Governs Wage Act Claims, Rejected Offers... by: Donald R.
How to prevent workplace harassment
The #MeToo movement has caused a seismic cultural shift in society and in the workplace. It continues to gain momentum and attracts wide-sweeping media coverage keeping the issue of sexual misconduct against women at the forefront of our national dialogue. For its efforts, the movement is poised to strengthen the enforcement of existing laws, spur enactment of new regulations, and fundamentally change how people interact in the workplace.
A (Block)chain Reaction Legislative Update On Blockchain-Related State Law
Over the past year or so, public curiosity in blockchain-related technology grew beyond the question, “What’s Bitcoin?” and into broader conversations with more advanced questions like, “How can I invest in other cryptocurrencies?” and “What else can blockchain technology do?” The intrigue has found its way into statehouses, where politicians across the country have begun to introduce legislation related to the regulation of cryptocurrencies, smart contracts, and blockchain technology.
Class Certification Granted in Goldman Sachs Gender Discrimination Litigation
In a 49-page opinion issued last week, Judge Analisa Torres of the United States District Court for the Southern District of New York granted class certification to a group of women alleging that Goldman Sachs systemically and pervasively discriminated against female professional employees in violation of Title VII and the New York City Human Rights Law.
7 Tips For Hiring And Firing Employees While Minimizing Legal Liabilities
7 Tips For Hiring And Firing Employees While Minimizing Legal Liabilities Hiring an employee is exciting — it’s an opportunity for both employer and prospective employee to develop a mutually beneficial and profitable relationship. However, when done incorrectly, hiring can create liability. To avoid turning a potentially promising encounter into a problematic one, VARs and MSPs need to adhere to a few best practices.
How And When Emerging Technologies Keep The Business Competitive
1.How would you describe the role of a CIO today? I view the CIO role as a key stakeholder in the overall business strategy. The role has become increasingly complex as it ensures technology adoption strategy improves business processes and efficiencies. The expansion and high visibility of security issues has re-drawn the job description of CIOs in practically every industry.
Interest rate changes may cause loss of tax exemption for tax-exempt obligations
Issuers, borrowers and banks should be cautious when making, waiving or delaying interest rate increases to tax-exempt obligations (bonds) resulting from the reduction in corporate marginal tax rates following the December 2017 Tax Act (the Tax Act) because the tax exemption on the interest could be jeopardized unless certain steps are taken. Issuers and borrowers may be contacted by banks that have purchased their bonds to discuss an increase in the interest rate on those bonds.
New Deduction for Shareholders of S Corporations, Partners of Partnerships and Sole Proprietorships: Qualified Business Income Deduction (IRC § 199A)
The Tax Cuts and Jobs Act added a new deduction for noncorporate taxpayers for qualified business income. This new deduction (the "QBI Deduction") should provide a substantial benefit for shareholders of S corporations, partners of partnerships (which are not corporations) and sole proprietorships. Trusts and estates are also eligible for the deduction. The QBI Deduction is not allowed in computing adjusted gross income and is not treated as an itemized deduction.
Miscommunications USCIS Denies Creation of Oversight Committee
Forrest Read is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has special expertise in legal issues in graduate medical education (GME).
Employment Law This Week March 19, 2018: NYC’s #MeToo Legislation, Title VII & Gender Identity, False Claims Act Lawsuit, Flu Shot Policy [VIDEO]
We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field. We look at the latest trends, important court decisions, and new developments that could impact your work. Our top story: New York City introduces #MeToo legislation. The City Council has introduced a package of bills modifying sexual harassment laws. One bill would require private employers with at least 15 employees to implement annual sexual harassment training.
Response to TCJA From New York Idaho Iowa Minnesota
It’s been nearly three months since the federal tax reform bill (commonly referred to as the Tax Cuts and Jobs Act, or “TCJA”) was enacted and states continue to respond to the various provisions of the TCJA. Recently, there have been notable legislative efforts in New York, Idaho, Iowa and Minnesota.
E-Verify to be Temporarily Suspended for System Upgrade, USCIS Announces
Some E-Verify timeframes will be suspended temporarily, USCIS has announced. E-Verify services will be unavailable from midnight March 23 (Friday) to 8:00 a.m. March 26 (Monday) due to system upgrades. The agency has provided a Fact Sheet on E-Verify requirements and other issues during the outage.
You Mad(ness)? Examining the Legality of Company NCAA Championship Brackets
‘Tis the season to fill out brackets, and there’s no denying that betting on the NCAA is a practice almost as traditionally apple-pie-all-American as decking your halls with boughs of holly. As of exactly ten years ago, 27% of the American workforce participated Championship office brackets, racking up a staggering overall $2.5 billion in bets. Turns out, the majority of these college basketball aficionados were participating in an activity widely outlawed in the United States.
Why does it Matter if the NRA Used Russian Money to help Donald Trump’s Election?
The old saying goes, that “when you have a hammer, everything looks like a nail.” And as a campaign finance lawyer, I have to remind myself that not every story is a money in politics story. But the more I look at the 2016 election and what transpired, campaign finance is at the heart of the scandal.
The Sydney Declaration: ASEAN And Australia Commit To Cooperate On Cybersecurity And Digital Trade Issues
Over the weekend our closest neighbours agreed to greater cooperation on cyber security. The Member States of the Association of Southeast Asian Nations (ASEAN), the Secretary-General of ASEAN and Australian leaders met in Sydney to strengthen the ASEAN-Australia relationship. The leaders discussed issues of regional importance. Cybercrime and cybersecurity were key topics discussed at the Summit.
Strategies In TCPA Defense Post ACA International
In 2015, the Federal Communications Commission expanded the reach of the Telephone Consumer Protection Act (TCPA) in several respects. Petitioners appealed Declaratory Ruling 15-72 challenging four findings that turned TCPA law on its head. On March 16, 2018, the DC Circuit issued a decision on that petition in ACA International v. FCC, et. al, setting aside two major FCC rulings and upholding two others.
Google PPC Benchmarks Show Legal Industry Trends
Do you know how your Google Adwords campaigns stack up against your competitors? Since Google does not typically release industry benchmarks, it can be difficult to determine if your PPC ads are performing above or below industry averages. Now you don’t have to guess.
Getting PAID – A New Path for Employers to Address Federal Wage and Hour Violations
It is a dilemma that many employers have faced. You discover that your company violated federal law on minimum wage or overtime payments. You want to fix the problem, but you do not know how to do so without prompting employee demand letters, a Department of Labor audit or, perhaps worst, a class action lawsuit. The Department of Labor’s Wage and Hour Division (WHD) has set out to provide employers a way to quickly resolve these issues and avoid litigation…potentially.
Proposition 65: August Deadline Looming for OEHHA’s Amended Proposition 65 Clear and Reasonable Warning Requirements
There are less than five months before the effective date of the California Office of Environmental Health Hazard Assessment (OEHHA) revisions to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations. By August 30, 2018, companies must comply with the revised regulations for consumer product, occupational, and environmental exposures.
FIU Bridge Collapse Brings Up Design, Safety Concerns
The 950-ton section of a pedestrian bridge’s collapse at Florida International University (FIU) that claimed six lives on March 15 has put stakeholders, design and installation firms under intense scrutiny. After months of preparation, the 174-foot span had been installed on March 10, and investigators and authorities are trying to establish if negligence played a part in the tragedy on SW 8th Street on FIU’s Modesto A. Maidique Campus.
Teen Fashion Retailer Claire’s Files for Chapter 11 Protection
Today, Claire’s Stores, Inc., along with seven affiliates and subsidiaries filed for Chapter 11 bankruptcy protection in the Delaware (Case No. 18-10584). Claire’s is a well-known specialty retailer of teen and young women jewelry, accessories, and beauty products, as well as ear piercings at local malls, based in Cook County, Illinois. Back in January 2018, I included them on my list of Retailers to Watch for a Bankruptcy Filing in 2018.
Steel and Aluminum Tariffs Alert: The Exclusion Process Begins
The Department of Commerce’s (DOC) Bureau of Industry and Security (BIS) today published an interim final rule in the Federal Register and released a new form governing requests to exclude products from the new Section 232 tariffs on imports of steel and aluminum (“the rule”). The rule is effective immediately. Companies need to consider both commenting on the rule (in order to address problems with the DOC procedures) and submitting exclusion requests.
ESports Leagues Present Challenges in the Workplace
This week, the Washington Post reported that a professional sports team in Dallas had released one of its star players for committing multiple violations of the league’s player conduct rules, specifically its rules prohibiting discriminatory behavior or harassment.
Solicitor General Asserts that States Can Require Online Vendors to Collect and Remit Sales/Use Tax on Online Retail Sales
In January, the Supreme Court granted a writ of certiorari in the case of South Dakota v. Wayfair (discussed here). Wayfair, which will be argued before the Court on April 17, is a direct challenge to Quill Corp. v. North Dakota, in which the Supreme Court held that a vendor does not have to collect and remit the sales/use tax owed on sales made to customers who reside in a given state unless the vendor has a physical presence in that state (we have discussed this issue here and here).
Lehman Residential Mortgage-Backed Securities Settlement Likely to Spur Additional Claims
On March 8, the Bankruptcy Court for the Southern District of New York concluded a lengthy “claims estimation” trial to determine the appropriate final settlement price for a resolution of lawsuits filed on behalf of investors in residential mortgage-backed securities (RMBS) created by Lehman Brothers Holdings prior to its bankruptcy in September 2008.
New Jersey Supreme Court Clarifies Exceptions to the Unemployment Compensation Law’s Disqualification Rule for Voluntarily Leaving Employment
New Jersey Unemployment Compensation Law (N.J.S.A. 43:21-4) provides that an unemployed individual who meets an earnings and employment duration threshold is eligible to receive unemployment benefits if he or she “is able to work, and is available for work, and . . . actively seeking work.” An individual’s eligibility for benefits is subject to disqualification conditions outlined in N.J.S.A. 43:21-5.
The CLOUD Act, Bridging the Gap between Technology and the Law
During the era when the Sony Walkman birthed the personal audio revolution, Nintendo Entertainment Systems appeared on American shores, and Gordon Gekko made wireless phone calls on his chunky mobile phone, the 99th United States Congress passed the Stored Communications Act (SCA). Enacted in 1986, the SCA governs U.S. authority to compel disclosure of electronic communications or data stored with a service provider.
Ninth Circuit Court of Appeals Rejects Constitutional Challenge to AML Compliance Program Regulation
The Ninth Circuit Court of Appeals recently upheld the decision of the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) to issue a cease and desist order against California Pacific Bank (the “Bank”) for the Bank’s alleged failure to comply with Bank Secrecy Act (“BSA”) regulations or have a sufficient plan and program in place to do so. This decision, California Pacific Bank v.
March 19, 2018 Regulatory Developments - New Jersey Healthcare
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Codex Alimentarius Committee on Food Additives to be held on March 23-30, 2018, Xiamen, China (50th session)
The Codex Alimentarius (Codex al.) is a collection of standards, guidelines, codes of good practices and recommendations adopted by the Codex Alimentarius Commission (CAC). The CAC is the central part of the joint FAO/WHO program setting international food standards recognized in country trade disputes.
Ohio Residential Mortgage Lending Act Takes Effect Next Week
The Ohio Residential Mortgage Lending Act (ORMLA) becomes effective on March 23, 2018. Passed in December 2017 (H.B. 199), the ORMLA consolidates the regulation and licensing of first- and subordinate-lien mortgage loans into the statutory chapter containing the prior Mortgage Broker Act (Ohio Rev. Code § 1322.01, et seq). The Ohio Mortgage Loan Act (Ohio Rev.
The Week Ahead in the European Parliament – March 16, 2018
Next week will be very busy in the European Parliament, as it is a committee week. On Tuesday, the Committee on Transport and Tourism (“TRAN”) will vote on a draft report by Markus Pieper (DE, EPP) on safeguarding competition in air transport. The proposed measures would protect European airlines against unfair competition practices adopted in or by non-EU Member States.
Report: New Internal Oversight Division within USCIS to be Established
The Washington Post has reported that USCIS is establishing an internal oversight division. The new division’s purpose, in part, would be to monitor more closely officers who are too lenient in assessing applications for permanent residence and citizenship, including overlooking negative factors such as misdemeanors and the receipt of government benefits (e.g., food stamps).
The International Cricket Council bowls a googly at Twenty20 cricket.
The International Cricket Council (“ICC”) has recently reported that it is considering a number of radical proposals to address the growing prominence of Twenty20 (“T20”) cricket after criticism that it is diminishing the primacy of internationals, especially test cricket. Short-form tournaments, such as T20s, are growing in popularity with some playersopting to compete only in lucrative T20 tournaments and leagues instead of the longer version of the game.
Health Care Fraud Remains High Priority for Federal Government as Monetary Penalties Increase
In a recent bipartisan budget bill, civil monetary penalties for health care fraud were substantially increased. Last month The Bipartisan Budget Act of 2018 was enacted with the primary purpose of continuing to fund the federal government and extend the Children’s Health Insurance Program (CHIP).
Ninth Circuit Doubles Down on Lack of Standing Under Spokeo in Facta Cases
Recently, the Ninth Circuit held in Bassett v. ABM Parking Services, Inc. that an allegation that a business violated the Fair and Accurate Credit Transactions Act (“FACTA”) by printing a credit card expiration date on a customer’s receipt is, by itself, insufficient to establish Article III standing under Spokeo, Inc. v. Robins. (For more information, read K&L Gates alerts on the Bassett decision and FACTA standing jurisprudence.) Now, in Noble v. Nevada Checker Cab Corp., No. 16-16573 (9th Cir. Mar.
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