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Alert | Health Law Alert
Jan 11, 2017 | Health Reform Outlook for 2017: A Year of Major Uncertainty
Fulfilling their promises, Congressional Republicans moved to repeal the Affordable Care Act (ACA) on the first day of the new Congress when Senate Budget Committee Chair Michael Enzi (R-WY) introduced “reconciliation instructions.” These instruction...
Alert | Employment Services Alert
Jan 6, 2017 | Ohio Governor Kasich Signs into Law Presumption for Cancer Incurred During Work Activities
On January 4, 2017, Governor John Kasich signed the Michael Louis Palumbo, Jr., Act (The Act) into law, which provides a rebuttable presumption that a firefighter who is disabled due to certain cancers, contracted the same, while performing his or he...
Alert | Health Law Alert
Dec 20, 2016 | New Anti-Kickback Safe Harbors
On December 7, 2016, the Department of Health and Human Services (HHS), Office of Inspector General (OIG), issued a final rule creating additional “safe harbors” for the Federal Anti-Kickback Statute (42 USC § 1320a-7b(b) et seq.) (AKS), which will g...
Alert | Employment Services Alert
Dec 12, 2016 | Fifth Circuit Court of Appeals Grants Department of Labor's Request for Expedited Briefing and Oral Argument Schedule
On December 8, the United States Court of Appeals for the Fifth Circuit granted the Department of Labor’s (“DOL”) motion for an expedited briefing and oral argument schedule in its appeal of the District Court’s grant of a nationwide injunction again...
Alert | Public Law Alert
Dec 12, 2016 | Ohio Legislature Concludes 131st General Assembly in Marathon Session Lasting Until 3:30 AM Last Friday
After a whirlwind final week of the lame duck session, where the Legislature passed various, often times emotion-evoking measures (including gun rights, abortion, unemployment compensation fund changes, municipal minimum wage pre-emption, and modific...
Alert | Employment Services Alert
Dec 9, 2016 | Ohio Supreme Court Rules Concurrent Benefit Awards Not Authorized by Law
Yesterday, in a 5-2 opinion, the Ohio Supreme Court ruled that the Ohio Industrial Commission had abused its discretion when it awarded concurrent benefits to an injured worker (State ex rel. Ohio Presbyterian Retirement Servs., Inc. v Indus. Comm.,...
Alert | Appellate Alert
Dec 8, 2016 | How the Grinch Stole Christmas? Hard Lessons from the Federal Eleventh Circuit
This week, the Federal Eleventh Circuit stole an unwitting appellant’s Christmas in Parker Auto Body, Inc. v. State Farm Mutual Automobile I, No. 16-15470 (11th Cir. Dec. 5, 2016).  The appeal began like any other: the appellant sought review from...
Alert | Health Law Alert
Dec 6, 2016 | Federal Court Enjoins CMS Regulation Banning Arbitration of Nursing Home Disputes
The United States District Court for the Northern District of Mississippi issued a preliminary injunction barring the scheduled November 28, 2016, implementation of a Center for Medicare and Medicaid Services (“CMS”) regulation which would cut off fe...
Alert | Employment Services Alert
Dec 5, 2016 | Recent Developments Following the Issuance of an Injunction Against the DOL's Implementation of New Overtime Regulations
As expected, on Thursday, December 1, 2016, the United States Department of Labor (“DOL”) filed a notice of its appeal to the United States Court of Appeals for the Fifth Circuit of a preliminary injunction blocking the DOL from implementing the new...
Alert | Corporate & Securities Alert
Dec 5, 2016 | Expanding Horizons for Startup and Small Companies Raising Capital
If you are a startup or small company looking to raise funds from investors, newly amended Rule 504 should catch your eye. Effective January 20, 2017, Rule 504 of Regulation D will allow startups and small companies to sell securities in an amount up...
Alert | Employment Services Alert
Nov 23, 2016 | Breaking News: Texas Federal Court Judge Issues Nationwide Injunction Against DOL, Bringing New Overtime Regulations to Abrupt Halt
In a surprise move, Judge Amos Mazzant III of the United States District Court for the Eastern District of Texas has issued a nationwide injunction against implementation of the new Fair Labor Standards Act (“FLSA”) overtime regulations, which were s...
Alert | Public Law Alert
Nov 22, 2016 | Florida Medical Marijuana Law Will Take Effect January 2017
Florida voters passed a new medical marijuana law, Amendment 2, on November 8, 2016. Florida joins 27 other states, the District of Columbia, Puerto Rico, and Guam in allowing public medical marijuana programs. The new law will have far-reaching effe...
Alert | Employment Law Alert - Illinoi
Nov 18, 2016 | "No Contract" Disclaimer in Employee Handbook Upheld by Illinois Court
Employee handbooks have long been a trap for the unwary employer that desires merely to establish a set of rules and policies without undermining an at-will employment relationship with its employees. To avoid establishing unintentional contracts wit...
Alert | Employment Services Alert
Nov 17, 2016 | NLRB's Persuader Rule Permanently Dead
Labor lawyers at Roetzel have warned clients about the National Labor Relations Board’s (NLRB) controversial “Persuader Rules” for five years. However, thanks to a court in Texas that permanently enjoined the rule, we no longer have to worry that it...
Alert | Public Law Alert
Nov 17, 2016 | The Florida Medical Marijuana Law and Your Community Association - What You Need to Prepare For
With the recent passing of the Florida Medical Marijuana Law, there are two primary concerns for community associations and country clubs as it relates to this new amendment: Do you have rules in place regarding usage on your property? Have y...
Alert | Health Law Alert
Nov 17, 2016 | 2017 Physician Fee Schedule Includes Clarification of Space and Equipment Rental Exception Under Stark Law
The Department of Health and Human Services Center for Medicaid and Medicaid Services (“CMS”) recently finalized the Calendar Year 2017 Physician Fee Schedule (“2017 Fee Schedule”), which includes a restatement of a provision under the law known as t...
Alert | Community Association Law Alert
Nov 15, 2016 | Last Call for Opt-Out: Summary of Condominium Sprinkler Retrofit Requirements and Opt-Out Provisions
The deadline for opting-out of the Condominium Sprinkler Retrofitting Requirements is December 31, 2016. The following is a general summary of the state of the law for those who still need to opt–out or who want to review whether they have complied....
Alert | Public Law Alert
Nov 9, 2016 | Post-Presidential Election Outlook
Donald J. Trump (R) defeated former Secretary of State Hillary Clinton (D) to become the 45th President of the United States of America, ending a long campaign season. The Republicans also kept majorities in the U.S. House and U.S. Senate. The electi...
Alert | Public Law Alert
Nov 9, 2016 | Post-General Election Outlook
Yesterday was an eventful 2016 General Election Day with federal and state races spanning the President, U.S. Senate, U.S. House, Ohio Supreme Court, and Ohio General Assembly.  Below are the outcomes of the races.  Presidential Donald J. Trum...
Alert | Energy, Utilities, Oil & Gas Alert
Nov 7, 2016 | Ohio Supreme Court Rules in Landowner Royalty Case
In a closely watched and long-awaited case with potentially sweeping industry-wide consequences, the Supreme Court of Ohio refused to adopt a default rule regarding deduction of postproduction costs from landowner royalties in Ohio.   In the case...