Insights

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Jun 27, 2014 | Recent Legal Developments' Potential Impact on Franchisees

By Matthew D. Austin, Partner Labor unions are targeting franchisees and the restaurant industry as a whole, and they are not alone. Worker centers, including Fast Food Forward and Worker’s Organizing Committee, are generally closely affiliated wi...

Jun 26, 2014 | Supreme Court Rules That President Obama's NLRB Recess Appointments Were Invalid

By Nathan Pangrace, Associate The United States Supreme Court unanimously ruled on June 26, 2014 that President Obama’s three recess appointments to the National Labor Relations Board (NLRB) were unconstitutional and therefore, invalid. The Court’...

Jun 25, 2014 | Omnicare Inc. Agrees to Pay $124 Million Settlement to Resolve Fraudulent Billing Claims

By Christian M. Auty The Department of Justice announced today that Omnicare Inc. has agreed to pay $124.24 million for offering improper incentives to skilled nursing facilities to induce the nursing facilities to select Omnicare as their pharmac...

Jun 25, 2014 | The Florida Information Protection Act of 2014: The Trend Toward Stricter Data Security Breach Laws and Effective Compliance Protocols

By Nicole Hughes Waid, Partner Florida Governor Rick Scott has signed into law The Florida Information Protection Act of 2014 (FIPA) which requires companies to take reasonable measures to protect and secure data containing personal information in...

Jun 24, 2014 | U.S. Supreme Court Holds Intent to Defraud Bank Not Required for Bank Fraud Conviction

By Nicole Hughes Waid, Partner Yesterday, the Supreme Court handed down its decision in Loughrin v. United States, No. 13-316. Justice Kagan delivered the opinion of the Court, which held that in a prosecution for bank fraud under 18 U.S.C. § 1344...

Jun 24, 2014 | Senate Considers Changes to Retiree Group Health Benefits Vesting Laws

By Matthew D. Austin, Partner The Senate is considering amendments to federal benefits and labor laws that would make any retiree group health benefits vest upon retirement or the completion of 20 years of service. The Bankruptcy Fairness and E...

Jun 19, 2014 | Ohio Governor Signs Captive Insurance Bill

By Christopher Cotter Ohio companies are able to operate their own locally based commercial insurance subsidiaries under legislation signed into law on June 17, 2014 by Ohio Governor John Kasich. House Bill 117 allows Ohio businesses to form a cap...

Jun 19, 2014 | U.S. Supreme Court Finds Inherited IRAs Not Protected in Bankruptcy

On June 12, 2014, the Supreme Court unanimously upheld a Seventh Circuit decision that said inherited IRAs do not enjoy the protections of IRAs in bankruptcy proceedings. The petitioner in Clark v. Rameker, Trustee, Hedi Heffron-Clark, inherited a...

Jun 19, 2014 | OSC Issues New Fact Patterns Flyer on Citizenship/Immigration Status and National Origin Discrimination in Employment

The U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC”), has recently released an updated and instructive  "Fact Patterns Flyer" (rev. June 2014), which includes many examples of citizensh...

Jun 18, 2014 | IRS Begins Code Section 409A Audit Program

By David C. Strosnider, Partner Background Congress added Section 409A to the Internal Revenue Code of 1986, as amended (“Section 409A”) as part of the American Jobs Creation Act of 2004. Section 409A dramatically increased the federal regulati...

Jun 9, 2014 | Canada Cracks Down on Bribery - Charges Two Americans under Corruption of Foreign Public Officials Act

By Thomas M. Larned, Of Counsel The Royal Canadian Mounted Police issued arrest warrants for former Cryptometrics Inc. CEO Robert Barra and former COO Dario Bernini, charging both with violations of the CFPOA. Details of the bribery scheme involve...

Jun 5, 2014 | Department of Health and Human Services Issues Special Advisory Bulletin on Independent Charity Patient Assistance Programs

By Brian Dickerson The Department of Health and Human Services (HHS) Office of Inspector General (OIG) recently issued a Supplemental Special Advisory Bulletin concerning Independent Charity Patient Assistance Programs (PAPs). The Supplemental Bul...

Jun 5, 2014 | Deadline Looming to Amend Retirement Plans for Same-Sex Benefits

The recent IRS Notice 2014-19 provides much needed guidance on how qualified retirement plans should treat the marriages of same-sex couples following the Supreme Court’s decision in United States v. Windsor. The Windsor decision invalidated Section...

May 29, 2014 | Eleventh Circuit Opinion Extends Reach of the Foreign Corrupt Practices Act

By Brian E. Dickerson, Partner In a decision with broad implications for any company doing business overseas, the U.S. Court of Appeals for the Eleventh Circuit has become the first U.S. appeals court to attempt to define the term “instrumentality...

May 16, 2014 | Appellate Court Agrees Bureau of Workers' Compensation's Group-Rating Plan was Unlawful, But Remands to Lower Court to Review Damages

An appellate court has ruled that the Ohio Bureau of Workers’ Compensation (“BWC”) violated Ohio law by developing and maintaining an unlawful rating system under which excessive premium discounts were given to group-rated employers at the expense of...

May 14, 2014 | Two Prominent New York Health Care Organizations to Pay Record-Setting HIPAA Fine of $4.8 Million

New York Presbyterian Hospital (NYP) and Columbia University (CU) have agreed to pay a combined $4.8 million to settle allegations that they failed to secure the electronic protected health information (ePHI) of thousands of patients, making the sett...

May 13, 2014 | Office of the Chief Administrative Hearing Officer Chastises Immigration and Customs Enforcement for Overreaching in Form I-9 Penalties

Very recently, the Office of the Chief Administrative Hearing Officer (OCAHO) issued a decision admonishing Immigration and Customs Enforcement (ICE) for assessing excessive penalties against a small employer for Form I-9 violations. ICE filed a c...

May 7, 2014 | The Obama Administration Proposes Rules that Allow Spouses of H-1B Visa Holders to Obtain Employment in the United States

On Tuesday, May 6, 2014, the Obama administration unveiled proposed rules that would grant employment authorization to spouses of skilled workers (H-1B visas holders) that have been sponsored by their employers for permanent employment in the United...

Apr 25, 2014 | FDA Issues "Deeming Regulations" Covering Additional Tobacco Products Including Electronic Cigarettes and Cigars

On April 24, 2014, the Food and Drug Administration (FDA) issued its long-awaited proposed regulations (Deeming Regulations) to bring electronic cigarettes, cigars, pipe tobacco, water pipe (hookah) tobacco, dissolvables and nicotine gels (Newly Cove...

Apr 25, 2014 | Northwestern University Football Players' Union Election Held; Results Impounded

Last month, Region 13 of the National Labor Relations Board ruled that scholarship football players at Northwestern University were employees of the university and able to vote whether they wanted to form and join a union at the school. The election...

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