Insights

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Jul 30, 2015 | GSP Renewed With Retroactive Effect / Importers Entitled to Duty Refund

The Generalized System of Preferences (“GSP”) has been renewed effective July 29, 2015. The GSP is a preferential trade program that allows eligible products of designated beneficiary developing countries to directly enter the United States duty-free...

Jul 27, 2015 | A Practical Guide for Employers Following Obergefell v. Hodges

Although perhaps not unexpected, the United States Supreme Court’s ruling on same-sex marriage (Obergefell v. Hodges, 135 S.Ct. 2584 (June 26, 2015)) still has the potential to throw employers for a loop. Below are some issues to consider in light of...

Jul 16, 2015 | Ohio Governor Approves Changes in Insurance Subrogation Law, Vetoes Some Provisions

On June 30, 2015, Ohio Governor John Kasich signed the 2016-2017 Ohio budget that includes an amendment that dramatically alters the state’s subrogation system. When the amendment goes into effect on September 28, 2015, an insurer’s monetary recovery...

Jul 6, 2015 | FDA Delays Enforcement of Product Tracing Rules for Pharmacies

In a last minute reprieve, the FDA published a Compliance Policy Guidance on June 30, 2015, that delays enforcement of the product tracing requirements applicable to dispensers until November 1, 2015. The requirements were originally slated to go int...

Jul 2, 2015 | FDA Issues Advance Notice of Proposed Rulemaking Regarding Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, E-Liquids and Novel Tobacco Products

The Food and Drug Administration (FDA) has issued an advance notice of proposed rulemaking (ANPRM) seeking comments, data, research results, or other information to inform the agency’s thinking about options for issuing potential regulations related...

Jun 30, 2015 | DOL Releases Proposal to Expand Overtime

The U.S. Department of Labor (DOL) unveiled its proposal to broaden federal overtime regulations that will significantly increase the amount of employees entitled to overtime pay. Under the current Fair Labor Standards Act (FLSA), which governs minim...

Jun 26, 2015 | Supreme Court Upholds Affordable Care Act Subsidies in King v. Burwell

The United States Supreme Court, in a 6-3 decision, has held that the Affordable Care Act, or ACA, authorizes federal tax credits for eligible Americans to help them purchase health insurance. The ruling upholds the controversial healthcare law, comm...

Jun 26, 2015 | Unanticipated Legislation Impacting Failing Schools and Collective Bargaining Rights

On June 25, 2015, the Ohio General Assembly passed House Bill No. 70, which included an amendment that would centralize power to a chief executive in academically distressed districts and diminish the authority of collective bargaining agreements bet...

Jun 26, 2015 | Statute Requiring Lenders to Notify Contractors of Decisions to Cease Funding on Construction Loans Precludes Claims for Equitable Lien and Unjust Enrichment

Two weeks ago, in a case of first impression, the First District Court of Appeal ruled that Section 713.3471, Florida Statutes, barred a contractor’s common law claims for equitable lien and unjust enrichment against a lender, which decided to cease...

Jun 26, 2015 | U.S. Supreme Court Determines Constitutional Right to Same-Sex Marriage

In a 5 to 4 ruling, the U.S. Supreme Court held in Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al., No. 14-556, that there is a constitutional right to same-sex marriage. Specifically, the Court held that marriage is a fundam...

Jun 25, 2015 | New Florida Law Regarding Post-Foreclosure Tenant Protections

Lenders in Florida should take note of new statutory protections for residential tenants, which may delay the lender’s ability to take possession following a foreclosure sale and effects a departure from common law. In the wake of the sunset of the f...

Jun 24, 2015 | 2015 Community Association Legislation

The Florida Legislature has approved several bills affecting condominium, homeowners and cooperative associations. House Bill 643 became law on June 17th, House Bills 791 and 71 will become law on July 1st, and House Bill 87 will become law on Octobe...

Jun 18, 2015 | Ohio Supreme Court Issues First Opinion Interpreting the Dormant Mineral Act

A number of cases are currently pending before the Ohio Supreme Court addressing various issues relating to the Ohio Dormant Mineral Act, R.C. 5301.56 (“DMA”). In today’s unanimous opinion, Dodd v. Croskey, Sl. Op. No. 2015-Ohio-2362, the Court held...

Jun 17, 2015 | Federal Government Continues Aggressive Pursuit of False Claims Act Investigations into TRICARE Billing with Increasing Use of Civil Investigative Demands

The U.S. government continues to ramp up False Claims Act (FCA) investigations and enforcement actions against small and independent pharmacies, particularly those that compound drugs for persons covered under TRICARE. One of the favored tools utiliz...

Jun 15, 2015 | Developers Beware: A Contractor May Be Held to Be Duly Licensed Even If the Contractor's Qualifying Agent Does Not Approve the Permit or Supervise the Work!

Although a general contractor’s construction of a project, with inadequate supervision and a fraudulently issued permit, may get the contractor in hot water with the Construction Industry Licensing Board, it will not subject the contractor to treble...

Jun 11, 2015 | HHS Office of Inspector General Signals Crackdown on Doctor Compensation Arrangements with New Fraud Alert

On June 9, 2015, the Department of Health and Human Services Office of Inspector General (OIG) issued a fraud alert that likely signals increased interest by the government in pursuing individual doctors who commit fraud involving federal health care...

Jun 9, 2015 | U.S. Supreme Court Says No to Lien Stripping in a Chapter 7 Bankruptcy

On June 2, 2015, the United States’ Supreme Court issued the opinion in the case of Bank of America v. Caulket, where the Court ruled that a Debtor whose home is ‘underwater’ cannot “Strip off” or void a junior lien when filing for Chapter 7 Bankrupt...

Jun 4, 2015 | Don't Muck Up Your Case by Failing to Gather and Present the Right Evidence

By Tom Wert, Board Certified Specialist – Construction Law On May 22, 2015, a Florida appellate court issued an opinion, which highlights the importance of gathering and presenting sufficient evidence to support claims, especially when bringing a...

Jun 3, 2015 | Ohio Supreme Court Accepts Review of Certified Question from Ohio Federal Court in Royalty Case

Today the Ohio Supreme Court accepted review of a certified question from the Northern District of Ohio federal court in a case that is significant to the oil and gas industry in Ohio. The accepted certified question is: “Does Ohio follow the ‘at the...

Jun 2, 2015 | NLRB "Ambush Elections" Rule Upheld by Texas Court

This is for all the naysayers who have not heeded the warning that the NLRB’s Ambush Elections are real. For the companies that have not evaluated their workforce, their job description, or their emergency response plan for when they receive a petiti...

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