Insights

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Jul 3, 2013 | Obama Administration Delays Affordable Care Act's Employer Mandate and Reporting Requirements Until 2015

The Obama administration announced on July 2, 2013, that it will delay enforcing two key parts of the Affordable Care Act (ACA) until 2015, including the ACA’s reporting requirements and the requirement that businesses provide health care coverage...

Jul 2, 2013 | Court Rules Hobby Lobby Can Challenge the Affordable Care Act's Contraception Mandate and Will Not Have to Pay Fines

On June 27, 2013, the Tenth Circuit Court of Appeals in Denver ruled that Oklahoma City-based arts-and-crafts retailer Hobby Lobby Stores, Inc. may contest the contraception mandate provision of the Affordable Care Act and will not have to pay fine...

Jul 1, 2013 | UPDATE - $1 Billion Workers' Compensation Rebate to Public and Private Employers

Ohio Governor John Kasich’s proposed a one-time dividend of $1 billion for private and public employers who are state-funded for purposes of workers’ compensation coverage in Ohio has been approved by the Bureau of Workers’ Compensation (BWC) Board o...

Jul 1, 2013 | 2013 Statutory Revisions to Condominium, Homeowners' Association and Cooperative Acts

Three bills have recently been signed into law by the Florida Governor that may be of particular interest to condominium, homeowners’ and cooperative associations. House Bill 73 becomes effective on July 1, 2013, and revises the Condominium, Homeowne...

Jun 28, 2013 | The Affordable Care Act: PCORI Fee Due July 31, 2013

As we described in our Alert of March 14, 2013, the Affordable Care Act (“ACA”) imposes a fee on sponsors of self-funded plans and issuers of individual and group health insurance policies to pay for the research conducted by the Patient-Centered Out...

Jun 27, 2013 | Generic Drug Company Liability: What the Bartlett Decision Means to Your Company

Generic drug makers may take comfort from the reasoning contained in the June 24, 2013, U.S. Supreme Court ruling in Mutual Pharmaceutical Co. v. Bartlett (Docket No. 12-0142). The decision eliminates virtually all lawsuits by injured patients agains...

Jun 27, 2013 | United States Supreme Court Decision Makes it Easier for Employers to Defeat Title VII Retaliation Claims

The Nassar decision should curtail employees asserting discrimination in anticipation of being fired or disciplined, and then claiming the discipline was in retaliation for complaining of discrimination. It should also lead to fewer frivolous retalia...

Jun 26, 2013 | The United States Supreme Court Narrowly Defines "Supervisor" in Workplace Harassment Claims

In this holding, the Supreme Court specifically rejected the Equal Employment Opportunity Commission’s (EEOC) definition of a “supervisor” as someone who has the ability to exercise significant discretion over another employee’s daily work. The Court...

Jun 20, 2013 | Florida Legislature Moves to Expedite Foreclosure Process in HB 87

HB 87 An Act Relating to Mortgage Foreclosures (Effective June 7, 2013) The most significant aspect of this legislation is that it allows community associations to move mortgage foreclosures forward by requesting that the court enter an “order to...

Jun 18, 2013 | Chicago Ordinance Imposes New Requirements on Owners of Foreclosed Rental Properties

Chapter 5-14-040 requires Owners to notify all tenants in writing that under certain circumstances the tenant may be eligible for relocation assistance. The notice must be in English, Spanish, Polish and Chinese.... On May 29, 2013, The Municipal...

Jun 13, 2013 | Supreme Court Delivers Myriad Opinion

Companies, inventors and investors are advised to review any pending or issued patent directed to gene sequences and evaluate the patentability or validity of any gene sequence claims in view of this important decision by the Supreme Court. The Su...

May 31, 2013 | FDA Issues Final Rule Regarding Prior Notice

The Food and Drug Administration (FDA) has published the final rule that amends the prior notice requirements of the Food, Drug and Cosmetics Act (FD&CA). Effective May 30, 2013, all prior notice submissions to FDA accompanying imported food intended...

May 17, 2013 | Broker Dealers Beware: SEC and DOJ Signal Possible New Era of FCPA Enforcement

On May 8, 2013, the Department of Justice (DOJ) announced the unsealing of a multi-count criminal complaint against members of Direct Access Partners’ (DAP) Miami based Global Markets trading group and the Senior Vice President (SVP) of Banco de Desa...

May 9, 2013 | Turning up the HEAT on Hospice Care Providers

The Department of Justice (DOJ) very recently charged the nation's largest for-profit hospice chain, Vitas Innovative Hospice Care (Vitas), which is headquartered in Miami, with inappropriately admitting patients and billing Medicare for unnecessary...

May 8, 2013 | NLRB Union Poster Rule Struck Down by Appeals Court

On August 25, 2011, the National Labor Relations Board (NLRB) issued a rule requiring all private sector employers to post workplace notices informing employees of their unionization rights under the National Labor Relations Act (NLRA). The rule mand...

May 3, 2013 | Ohio Governor Proposes a $1 Billion Workers' Compensation Rebate to Public and Private Employers

Ohio Governor John Kasich has proposed a one-time dividend of $1 billion (yes, billion with a B) for private and public employers that are state-funded for purposes of workers’ compensation coverage in Ohio. The Governor’s proposal is three-fold:...

Apr 25, 2013 | Moving Compliance Out of the General Counsel's Office: JPMorgan Chase and United States, ex rel v. Halifax Hospital Medical Center

One unavoidable cost of doing business for organizations operating in complex regulatory environments is the establishment and implementation of an effective ethics and compliance program. To ensure that the compliance program is not simply a paper p...

Mar 21, 2013 | Ohio Bureau of Workers' Compensation Ordered to Refund $859 Million to Ohio Employers

Cuyahoga County Judge Richard McMonagle ruled on March 20, 2013, that the Ohio Bureau of Workers’ Compensation (BWC) must refund $859 million to approximately 264,000 employers. Judge McMonagle ruled that these employers were overcharged for workers’...

Mar 14, 2013 | The Affordable Care Act: Patient-Centered Outcomes Research Institute Fee Payment Looming

The Affordable Care Act ("ACA") established the Patient-Centered Outcomes Research Institute (the "PCORI"), which has as its mission the engagement in comparative clinical research and reporting those comparisons to be used by patients, physicians, c...

Mar 11, 2013 | U.S. Citizenship and Immigration Services Releases New Form I-9

On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) revealed the newly revised Employment Eligibility Verification form, Form I-9, with a revision date of "(Rev. 03/08/13) N." The newly revised Form I-9 makes several improvements desi...

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