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Alert | Transportation Alert
Jun 28, 2018 | FMCSA Issues New Guidance Regarding the Use of Personal Conveyance
The Federal Motor Carrier Safety Administration (FMCSA) recently issued new guidance regarding the use of “personal conveyance” status. Effective immediately, the FMCSA will allow drivers to enter into personal conveyance status—whether the truck is...Alert | Health Care Provider Alert
Jun 28, 2018 | CMS Announces Review Choice Demonstration for Home Health Services
On May 31, 2018, CMS announced its Review Choice Demonstration for Home Health Services (“Demonstration”), which revises and restarts its Pre-Claim Review Demonstration for Home Health Services that was paused on April 1, 2017. No earlier than Oct...Alert | Employment Services Alert
Jun 27, 2018 | Abood-Face: Supreme Court of the United States Supplants 41 Years of Precedent By Declaring Union Fair Share Fees Unconstitutional
On June 27, 2018, in Janus v. American Federation of State, County and Municipal Employees, Council 31, et al., 585 U.S. — (2018), the Supreme Court of the United States held (in a 5-4 decision) that union fair share fees, or “agency fees,” paid by n...Alert | Corporate, Tax & Transactional Alert
Jun 27, 2018 | Supreme Court Rules That States can Require Out-of-State Retailers to Collect Sales Tax Even if They Have no Physical Presence in the Taxing State
Since 1992, out-of-state retailers have relied on Quill Corp. v. North Dakota, 504 U. S. 298 (1992) (“Quill”) for the rule that a state could not constitutionally require a retailer to collect sales tax on sales to customers in the state if the retai...Alert | Education Law Alert
Jun 12, 2018 | As the Summer Recess Approaches for the Ohio General Assembly Questions Remain Regarding 2019 Graduation Requirements for Schools
With the 2017-2018 school year squarely behind us, educators and students alike have questions regarding whether the Ohio Department of Education’s stricter graduation requirements will become effective for 2019 graduates. If the Senate takes action...Alert | Community Association Law Alert
May 31, 2018 | Summary of 2018 Community Association Legislation
This year, the Florida Legislature approved one main bill affecting condominium, cooperative, and homeowners’ associations. House Bill 841, effective July 1, 2018, clarified many areas of the prior year’s legislative action. House Bill 617, effectiv...Alert | Employment Services Alert
May 23, 2018 | Class Waivers in Arbitration Agreements are Given the Okay by U.S. Supreme Court
On May 21, 2018, The United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis, holding that “Congress has instructed in the Arbitration Act that arbitration agreements providing for individualized proceedings must be enforced, a...Alert | Health Care Provider Alert
May 23, 2018 | Restrictive Covenants in Non-Compete Agreements: Broader is Not Better
The decision by the Federal District Court for the Northern District of Illinois in Medix Staffing Solutions, Inc. v. Dumrauf serves as a reminder to employers why restrictive covenants should be limited in scope and duration to what is necessary to...Alert | Business and Commercial Litigation Alert
May 9, 2018 | Ohio Supreme Court Restricts Spoliation Claims
The Ohio Supreme Court has issued an important decision limiting a party’s ability to pursue an independent tort claim for spoliation of evidence. Ohio law excludes tort claims for negligent spoliation of evidence, but permits intentional spoliation...Alert | Health Law Alert
May 2, 2018 | Department of Justice Issues Memorandum Regarding Civil Enforcement Actions
Recently, the Department of Justice (“DOJ”) issued a memorandum significantly limiting the use of guidance documents in civil litigation matters. Federal agencies often issue guidance documents to aid in the interpretation of existing statutes and re...Alert | Employment Services Alert
Apr 27, 2018 | Ohio Bureau of Workers' Compensation Proposes $1.5 Billion in Rebates
The Ohio Bureau of Workers’ Compensation (BWC), along with Governor John Kasich, has proposed yet another one-time rebate that will return some $1.5 billion to Ohio employers. This would represent the largest rebate in two decades. Private employe...Alert | Employment Services Alert
Apr 26, 2018 | Ohio Supreme Court Rules on BWC Subrogation Interest in Tort Claim Insurance Settlements
The Supreme Court of Ohio issued an opinion last week that provides a cautionary tale whose main antagonist is the broad reach of Ohio’s automatic subrogation provision set forth in R.C. 4123.931(G). In Bur. of Workers’ Comp. v. Verlinger, Slip Opin...Alert | Insurance Law Alert
Apr 23, 2018 | Before You Write That Check!
The Supreme Court of Ohio issued an opinion last week that provides a cautionary tale whose main antagonist is the broad reach of Ohio’s automatic subrogation provision set forth in R.C. 4123.931(G). In Bur. of Workers’ Comp. v. Verlinger, Slip Opin...Alert | Health Care Provider Alert
Apr 16, 2018 | Should a "Sister" State Necessarily Impose the Same Professional Discipline Against a Medical Practitioner That Another State Imposes?
The Professional Practice Acts for many states routinely have provisions that permit a state to discipline a medical practitioner if that practitioner has been disciplined by another state in which the practitioner is also licensed. These kinds of pr...Alert | Public Law Alert
Apr 9, 2018 | A New Tool for Economic Development: Opportunity Zones
What is a qualified Opportunity Zone? The recently enacted Tax Cuts and Jobs Act of 2017 created the “Opportunity Zone Program” aimed at driving private investment to rural and urban low-income communities. The goal of the program is to spur busin...Alert | Tax and Estate Planning Alert
Mar 8, 2018 | Evaluating the Fitness of Your Estate Plan for 2018 in Light of the Tax Cuts and Jobs Act
The recent passage of the federal Tax Cuts and Jobs Act (TCJA) significantly altered federal estate tax laws effective January 1, 2018. The TCJA increased exemption amounts for federal estate, gift, and generation-skipping transfer taxes, any one of...Alert | Health Care Provider Alert
Feb 12, 2018 | Illinois Nursing Act Changed to Benefit Advanced Practice Nurses
Effective January 1, 2018, Governor Bruce Rauner signed into law certain amendments to the Illinois Nurse Practice Act (the “Act”). Of particular note are changes relating to Advanced Practice Nurses (“APNs”). The most notable parts of the Act are...Alert | Health Care Provider Alert
Jan 24, 2018 | CMS Addresses Text Messaging of Protected Health Information
Text messaging has become an important communication tool. The number of text messages sent in the United States has grown exponentially from an estimated 12 million per month in 2000 to 780 billion per month in 2017. According to an article in the J...Alert | Employment Services Alert
Jan 24, 2018 | Ohio Imposes New Rules on Back Surgeries in Workers' Compensation Cases
The Ohio Bureau of Workers’ Compensation (BWC) has instituted a new rule regarding back surgeries and opioid use in workers’ compensation cases. Under the rule, which became effective January 1, 2018, a worker suffering from a low back injury must fi...Alert | Tax Alert
Jan 19, 2018 | Harvey Weinstein, Tax Reform, and Nondisclosures - Oh My!
There is no doubt that the movement known as #MeToo has brought workplace sexual harassment to the forefront of conversation and is both a top priority and concern for all employers. One of the many names associated with this movement is Harvey Weins...
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