Insights

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Jul 29, 2014 | President Obama Issues Executive Order Making it Illegal for Federal Government Contractors to Discriminate on the Basis of Sexual Orientation or Gender Identity

On July 21, 2014, President Obama issued an Executive Order that makes it illegal for federal government contractors to discriminate on the basis of sexual orientation or gender identity. The Executive Order amends Executive Order 11246, first issued...

Jul 25, 2014 | Federal Government Continues to Target Bank Compliance Programs

By Nicole Hughes Waid The U.S. Treasury Department announced yesterday that Bank of America Corp's banking unit agreed to pay $16.6 million to resolve allegations that it processed hundreds of transactions for drug traffickers who are subject to U...

Jul 24, 2014 | Group Rating Class Action Law Suit

The Ohio Bureau of Workers' Compensation (BWC) reports they have reached an agreement to settle for $420 million a class action lawsuit filed seven years ago. The lawsuit, known as the San Allen case, was against the state over the Bureau’s group...

Jul 23, 2014 | Physicians and Teaching Hospitals Should Register and Review Reporting of Payments Made and Interests Held Before They are Released to the Public

On September 30, 2014, the Centers for Medicare and Medicaid Services (“CMS”) will release information to the public relating to certain payments to physicians and teaching hospitals (collectively “Covered Providers”) from drug/device manufacturers a...

Jul 17, 2014 | In Product Liability Case Alleging Personal Injuries, Southern District of Ohio Applies the Non-Economic Damages Cap and Rejects the Catastrophic Loss Exceptions

By Christopher E. Cotter The tort reform legislation passed by the Ohio General Assembly in 2005 includes a cap on the amount of non-economic damages that may be recovered at trial by an injured plaintiff. Damages for non-economic loss are limited...

Jul 17, 2014 | New Decision on Catastrophic Loss Exceptions to the Non-Economic Damages Cap: The Cap Applies As a Matter of Law

By Christopher E. Cotter The tort reform legislation passed by the Ohio General Assembly in 2005 includes a cap on the amount of non-economic damages that may be recovered at trial by an injured plaintiff. Damages for non-economic loss are limited...

Jul 17, 2014 | Summary of 2014 Legislative Action Affecting Community Associations Practitioners

The 2014 Legislative Session included several bills which affect Community Associations, including House Bill 807, House Bill 1089, and House Bill 7037. A summary of the significant changes are set forth below. The Bills became law on July 1, 2014....

Jul 16, 2014 | EEOC Issues New Guidance on Pregnancy Discrimination

By Anne Prenner Schmidt On Monday July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued new enforcement guidance on pregnancy discrimination. The guidance was issued by the EEOC on a 3-2 vote. This guidance updates and repl...

Jul 14, 2014 | Citigroup, Inc. to Pay $7 Billion in a Global Settlement with the Department of Justice for the Company's Role in the Financial Crisis

By Nicole Hughes Waid The Justice Department, along with federal and state partners, today announced a $7 billion settlement with Citigroup Inc. to resolve federal and state civil claims related to Citigroup’s conduct in the packaging, securitizat...

Jul 11, 2014 | DEA Places Tramadol into Schedule IV: Manufacturers, Dispensers, and Others Must Comply with Regulatory Controls Starting August 18th

Effective August 18, 2014, the Drug Enforcement Administration (DEA) placed the centrally acting opioid analgesic tramadol into schedule IV of the Controlled Substances Act (CSA). The DEA’s scheduling action will affect tramadol (marketed as ULTRAM®...

Jul 10, 2014 | Overview of the Protect Women's Health from Corporate Interference Act of 2014

By Vanessa Burrows Yesterday, Senate Democrats introduced the Protect Women’s Health from Corporate Interference Act of 2014, which would apply to group health plans, plan sponsors, and health insurance issuers. The bill responds to the United Sta...

Jul 3, 2014 | FDA Issues Pharmacy Related Compounding Regulations and Guidance Documents

On July 1, 2014, the Food and Drug Administration (FDA) released several documents applicable to compounding pharmacies, which are in the business of preparing custom-tailored drugs intended for patients. The first document is draft interim guidance...

Jun 30, 2014 | High Court Holds Closely Held Corporations Can Avoid Contraception Mandate for Religious Reasons

By  Nathan Pangrace On June 30, 2014, the Supreme Court ruled that Hobby Lobby and other family owned and closely held for-profit companies can opt out of the Affordable Care Act's requirement to provide no-cost prescription contraception in most...

Jun 30, 2014 | Department of Justice Intervenes in False Claims Act Suit over Fraudulent Delay in Repayment of Overcharges

On Friday, June 27, the United States Attorney for the Southern District of New York announced the unsealing and filing of a civil fraud lawsuit against Continuum Health Partners and others for their delay in fully repaying nearly $1 million in Medic...

Jun 27, 2014 | Department of Health and Human Services Issues a Special Fraud Alert on Laboratory Payments to Referring Physicians

By Nicole Hughes Waid, Partner On June 25, 2014, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued the “Special Fraud Alert: Laboratory Payments to Referring Physicians.” Specifically, this Special Fraud Al...

Jun 27, 2014 | Recent Legal Developments' Potential Impact on Franchisees

By Matthew D. Austin, Partner Labor unions are targeting franchisees and the restaurant industry as a whole, and they are not alone. Worker centers, including Fast Food Forward and Worker’s Organizing Committee, are generally closely affiliated wi...

Jun 26, 2014 | Supreme Court Rules That President Obama's NLRB Recess Appointments Were Invalid

By Nathan Pangrace, Associate The United States Supreme Court unanimously ruled on June 26, 2014 that President Obama’s three recess appointments to the National Labor Relations Board (NLRB) were unconstitutional and therefore, invalid. The Court’...

Jun 25, 2014 | Omnicare Inc. Agrees to Pay $124 Million Settlement to Resolve Fraudulent Billing Claims

By Christian M. Auty The Department of Justice announced today that Omnicare Inc. has agreed to pay $124.24 million for offering improper incentives to skilled nursing facilities to induce the nursing facilities to select Omnicare as their pharmac...

Jun 25, 2014 | The Florida Information Protection Act of 2014: The Trend Toward Stricter Data Security Breach Laws and Effective Compliance Protocols

By Nicole Hughes Waid, Partner Florida Governor Rick Scott has signed into law The Florida Information Protection Act of 2014 (FIPA) which requires companies to take reasonable measures to protect and secure data containing personal information in...

Jun 24, 2014 | U.S. Supreme Court Holds Intent to Defraud Bank Not Required for Bank Fraud Conviction

By Nicole Hughes Waid, Partner Yesterday, the Supreme Court handed down its decision in Loughrin v. United States, No. 13-316. Justice Kagan delivered the opinion of the Court, which held that in a prosecution for bank fraud under 18 U.S.C. § 1344...

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