Insights

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Jan 6, 2023 | EPA Approves New Standard for Phase I Environmental Site Assessments

On December 14, U.S. EPA issued a final rule adopting ASTM Standard E1527-21 for conducting Phase I environmental site assessments. Real estate developers, lenders and investors, and all purchasers of commercial property should take note of the ne...

Jan 5, 2023 | FTC Proposed Rule Would Ban Non-Competition Agreements

On Thursday, January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would invalidate existing non-competition agreements and prohibit employers from entering into new non-competition agreements, with very limited exception...

Jan 4, 2023 | The Speak Out Act Ends the Silencing of Sexual Assault Victims Through Nondisclosure and Non-Disparagement Agreements

On December 7, 2022, the Speak Out Act (“Act”) was signed into law by President Biden to combat sexual assault and sexual harassment in the workplace and ensure that victims and survivors are free to disclose their abuse. The Act renders judicially u...

Jan 3, 2023 | Ohio Supreme Court Restores the Presumption of Regularity for Executive Session Deliberations

Public bodies rejoiced over the Ohio Supreme Court’s opinion in State of Ohio ex rel. Christopher Hicks v. Clermont County Board of Commissioners this past holiday season. The largely contentious case drew statewide attention and hinged upon one cruc...

Dec 14, 2022 | Back Pay Plus: NLRB Permits Employees To Recover “Foreseeable” Damages From Employers for Labor Law Violations

Yesterday, the National Labor Relations Board significantly expanded the damages available to employees in unfair labor practice proceedings. Damages for employees wrongfully discharged in violation of federal labor law have traditionally been limite...

Nov 18, 2022 | #MeToo Restricts the Use of NDAs in Sexual Harassment Cases

More than a viral hashtag, #MeToo has undoubtedly brought sexual abuse and sexual harassment victims validation. Evidencing the continued strength of the #MeToo movement, a bill, known as the Speak Out Act, aimed at making it easier for employees to...

Oct 26, 2022 | New Developments in Air Regulation

U.S. EPA is moving forward on multiple initiatives that will significantly impact regulatory policy for air sources The last few weeks have seen a significant amount of regulatory action related to air regulation and permitting that will likely im...

Oct 25, 2022 | Rising Inflation Affects Ceilings on Retirement Contributions, Transfer Tax Credits and Income Tax Brackets for 2023

The IRS on Friday announced a historic increase in contribution limits to 401(k) and other qualified retirement plans. In 2023, you may contribute up to $22,500 to your 401(k), 403(b) and most 457 plans, which represents more than a 9.7% increase fro...

Oct 17, 2022 | CAUTION: Compliance with COVID-19 Waivers Still May Violate Medicare Regulations

The COVID-19 pandemic has fundamentally changed many areas of healthcare practice. Recognizing that existing healthcare laws may interfere with timely and effective COVID response, federal regulators issued temporary waivers of existing regulations t...

Oct 13, 2022 | Limited English, Limited Defenses (Potentially…)

The U.S. court system has long recognized the difficulty with equal access to justice when an individual with limited English proficiency appears in a U.S. court. Therefore, courts across the country now require that credentialed language interpreter...

Sep 16, 2022 | Increase in the Fees Charged for Estoppel Certificates

In accordance with Florida Statutes 718.116, 719.108 and 720.30851, fees for estoppel certificates shall be adjusted every five (5) years in an amount equal to the total of the annual increases for that 5-year period in the Consumer Price Index for A...

Sep 13, 2022 | Failing to Update Your Medicare Information Could Prove Costly

The Centers for Medicare & Medicaid Services (CMS) requires Medicare providers and suppliers to keep their enrollment information up to date at all times. Changes in this information can affect claims processing, payment amounts and eligibility to pa...

Aug 18, 2022 | Ohio S.B. 61 Adds Protections for Solar Panels on Condominium and Planned Community Homes

By: Lauren Zidones & Abigail Burke Senate Bill 61, signed into law by Governor Mike DeWine in June, goes into effect on September 13, 2022. The bill allows homeowners and condominium owners who are subject to Homeowners Association (“HOA”) and Con...

Jul 28, 2022 | IRS Extends Portability Election

The Internal Revenue Service recently issued Rev. Proc. 2022-32 which provides that estates may elect “portability” of a deceased spouse’s unused exclusion (DSUE) up to five years after the decedent’s date of death.  Portability allows spouses to...

Jul 13, 2022 | Uptick in COVID Cases Prompts Additional EEOC Guidance

With COVID variant cases on the rise, the EEOC published new, additional guidance to employers on July 12, 2022. All of the EEOC’s updates can be found here. A few significant updates are summarized below:  Screening Employees: Prior to yesterd...

Jul 7, 2022 | Ohio Appellate Court Finds Virtual Contact Is Not Enough for Personal Jurisdiction

By: Mackenzie Pensyl & Megan Faust On June 30th, 2022, the Ninth District Court of Appeals issued a significant decision in Magnum Asset Acquisition, LLC v. Green Energy Technologies, LLC. The Court decided that virtual communication between parti...

Jul 6, 2022 | U.S. Supreme Court Effectively Expands Its Controversial 2005 Kelo Decision

The U.S. Supreme Court often makes headlines with its decisions, but even in its inaction, the Court can have an impact on the law. Such was the case with Eychaner v. The City of Chicago, which the Court declined to hear last term.  Eychaner was a...

Jun 28, 2022 | Chicago City Council Expands Sexual Harassment Provisions

Employers who maintain business facilities within the geographic boundaries of the City of Chicago and/or who are subject to one or more of the City’s license requirements should be aware of recent amendments to the sexual harassment aspects of the C...

Jun 27, 2022 | Supreme Court Holds School Board Cannot Prohibit Coach From Praying on the Football Field

The Supreme Court today held a public school football coach can openly pray on the football field and have students participate. Kennedy v. Bremerton School Dist., concerned an assistant football coach at a public high school. For eight years, the co...

Jun 23, 2022 | Title IX’s Anniversary Gift – Proposed Changes

On Title IX’s 50th Anniversary, the Department of Education announced its proposed changes to Title IX’s implementing regulations concerning sexual misconduct to better align them to Title IX’s nondiscrimination mandate. The proposal keeps some of th...

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