Insights

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Feb 5, 2015 | Anthem Falls Victim to Cyber Attack - Hack Dwarfs Prior Healthcare Breaches

In what may turn out to be the largest breach of healthcare data in history, health insurer Anthem Inc. reported on February 4, 2015, that its computer systems had been targeted in a “very sophisticated external cyber attack.” The potential exposure...

Feb 5, 2015 | Recent Tide of Class-Action Lawsuits Should Worry Employers Using Background Checks

A new wave of class-action lawsuits should concern any employer that regularly uses background checks in making employment decisions. These lawsuits allege violations of the Fair Credit Reporting Act (FCRA), the federal law that regulates the collect...

Jan 27, 2015 | ESI Termination Notice Does Not Mean the End of TRICARE Billing

Express Scripts, Inc. (ESI) administers the TRICARE pharmacy benefit for the Defense Health Agency (DHA), which includes retail pharmacies in the United States and U.S. territories, TRICARE Pharmacy Home Delivery, and stateside specialty pharmacy ser...

Jan 22, 2015 | A Bank or Not a Bank? MoneyGram Fails to Meet the Test in U.S. Tax Court

MoneyGram International Inc., (MoneyGram) the world’s second-largest money transfer company, lost its bid before the U.S. Tax Court (the Court) to prove that it is a bank, and in so doing its quest to take advantage of provisions of the U.S. Tax Code...

Jan 13, 2015 | Three Ways to Ensure a Safe Start to 2015

With the changing of the calendar comes a new year and new challenges for businesses across the country. Following these three tips is a great way to ensure that 2015 gets off to a safe start for both you and your employees. Review your OSHA requi...

Jan 10, 2015 | Pharmacy Benefits Managers Ring in New Year by Serving Termination Notices of Provider Agreements with Pharmacies

Pharmacy Benefit Managers’ (PBM) termination of Provider Agreements (PA’s) for specialty pharmacies that have allegedly failed to comply with the mandates of the PA seems to be on the rise, with devastating results to the specialty or network pharmac...

Dec 29, 2014 | Ohio Supreme Court Yet Again Limits Employers' Liability for Intentional Torts

On December 18, 2014, the Ohio Supreme Court issued another opinion limiting employers’ liability for intentional torts in the workplace. This decision is the latest in a series of cases that narrowly interpret Ohio’s intentional tort statute, R.C. 2...

Dec 19, 2014 | NLRB Files Labor Violations Complaints against McDonald's

The National Labor Relations Board has issued complaints against McDonald’s USA and McDonald’s franchisees as joint employers. According to the NLRB, both McDonald’s USA and various franchises engaged in activities that violated the rights of empl...

Dec 18, 2014 | House Bill 87: Proposed Amendments to Florida's Construction Defect Act

By Michael Furbush, Partner, Board Certified Specialist - Business Litigation and Thomas Wert, Partner, Board Certified Specialist - Construction Law On December 9, 2014, the Florida House of Representatives introduced a bill that would substantia...

Dec 17, 2014 | U.S. and Cuba to Reestablish Diplomatic Relations

Earlier today, President Barack Obama announced that the U.S. and Cuba are set to normalize diplomatic relations, marking a thaw in one of the last remaining remnants of Cold War-era foreign policy. As a part of resuming diplomatic relations with...

Dec 15, 2014 | 2015 Spending Bill Passes Congress, Suspends Hours-of-Service Regulations Related to 34-Hour Rest Period

In an unusual Saturday evening vote, Congress passed a $1.1 trillion spending bill that the White House has indicated President Barack Obama will sign.  The bill is about more than spending. It includes regulations affecting everything from bankin...

Dec 12, 2014 | As Threatened, NLRB Implements Ambush Election Rules

On December 11, 2014, our Alert warned that the NLRB’s ruling to allow employees to use company-provided email systems for union organizing was perhaps the first of a flurry of pro-union rulings to be released between now and the end of the year. Tod...

Dec 11, 2014 | Employees Now Allowed to Use Company-Provided Email Systems for Union Organizing

The National Labor Relations Board, by a 3-2 vote, just reversed legal precedent to declare that workers have a right to use their employers’ email systems for non-business purposes, including union organizing. The Board specifically stated, “We deci...

Dec 9, 2014 | HHS Fines Nonprofit for HIPAA Security Violation Related to Poor IT Practices

Yesterday, the United States Department of Health and Human Services (HHS) slapped a mental health nonprofit with a $150,000 fine for HIPAA security rule violations. The Alaskan nonprofit failed to follow basic information technology practices, such...

Nov 20, 2014 | New OSHA Reporting Requirements Go Into Effect January 1, 2015

Beginning January 1, 2015, employers will need to comply with the Occupational Safety and Health Administration’s (OSHA) new requirements for reporting employee fatalities and severe injuries. The new rule requires employers to report to OSHA all wor...

Nov 11, 2014 | Investor Advisory Committee Advises SEC to Revisit Definition of "Accredited Investor" and Provide Enhanced Protections

The amount of funds raised through private placements has become increasingly significant in the United States. When companies are not conducting a public offering and raise capital through a private placement instead, they often seek to demonstrate...

Nov 7, 2014 | 2014 Election Results

The 2014 mid-term election was dominated by Republicans in Ohio and across the country. On the federal level, the Republican Party maintained control of the U.S. House of Representatives, gaining a net total of 14 seats, for a total of 243. Of Ohio’s...

Nov 7, 2014 | Ohio Does Not Recognize Dual Intent Doctrine

While many jurisdictions recognize the dual intent doctrine, which allows a workers’ compensation claim when a worker is injured while traveling for both business and personal purposes, Ohio does not. In an October 21, 2014 decision, the Ohio Supreme...

Oct 28, 2014 | Increase in DOL Investigations of Health Care Benefit Denials

As a part of its health plan audits for Fiscal Year 2015, we expect the Department of Labor (DOL) Employee Benefit Security Administration (EBSA) to continue to focus on compliance, especially given the group health plan reform mandates of the Patien...

Sep 24, 2014 | Does Your Wellness Plan Meet the Reasonable Alternative Standard?

As fall open enrollment approaches, now is the time for Plan Sponsors to reevaluate their wellness programs and confirm that they comply with the regulations issued under the Affordable Care Act. The Departments of Labor, Treasury, and Health and Hum...

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