Insights

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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...

Mar 8, 2013 | The Ohio Legacy Trust Act: Protecting Assets From Claims of Creditors

Effective March 27, 2013, Ohio will become one of the most asset protection-friendly states. The Ohio Legacy Trust Act ("Act") permits an individual to create and fund an asset protection trust ("APT") that will protect assets from the claims of cred...

Mar 8, 2013 | The Ohio Legacy Trust Act: Protecting Assets From Claims of Creditors

Effective March 27, 2013, Ohio will become one of the most asset protection-friendly states. The Ohio Legacy Trust Act (“Act”) permits an individual to create and fund an asset protection trust (“APT”) that will protect assets from the claims of cred...

Feb 28, 2013 | Small Business Administration Issues Proposed Rule Changes to Loan Program

On Monday, February 25, 2013, the United States Small Business Administration (“SBA”) released proposed changes to the 504 and 7(a) loan programs. The primary purpose of these significant rule changes is to provide greater access to these loans by el...

Feb 20, 2013 | Watch Where You Step: Recent Eighth District Appellate Court Opinion Highlights Important Distinctions in Ohio's Political Subdivision Immunity Statute

A recent Ohio Appellate Court decision from the Eighth District highlights important distinctions to consider in any litigation matter that involves a political subdivision. In Ohio, a political subdivision is entitled to immunity; however, that immu...

Feb 19, 2013 | Roetzel Attorneys Achieve Favorable Decisions on Behalf of Retail Clients in 2012

At Roetzel, exceptional service to our clients is of the utmost importance. In 2012, Roetzel attorneys continued this practice by working side-by-side with our retail clients to achieve positive results. The following is a summary of some of the favo...

Feb 11, 2013 | A March 23, 2013, Deadline for Skilled Nursing Facilities and Nursing Homes

On March 23, 2013, a little over a month from now, nursing homes and skilled nursing facilities (SNFs) will be required to "have in operation a compliance and ethics program that is effective in preventing and detecting criminal, civil, and administr...

Feb 5, 2013 | Public School Responsibilities to Students with Disabilities: Participation in Nonacademic and Extracurricular Activities

The United States Department of Education, Office for Civil Rights (OCR), issued a letter on January 25, 2013, to clarify a public school's responsibilities related to extracurricular activities for students with disabilities. Under Section 504 of th...

Jan 31, 2013 | Pharmaceutical Companies in the Crosshairs: Department of Justice Targets Drug Manufacturers and Medical Device Makers for Massive Fines and Prosecution

2012 was not a good year for the pharmaceutical industry: GlaxoSmithKline -- $3 billion settlement with United States over illegal marketing of nine different prescription drugs, including Wellbutrin, Paxil, and Avandia; Abbott Laboratories -- $1.5 b...

Jan 30, 2013 | Florida Supreme Court Affirms Clear Onus of Unlicensed Contracting is on the Unlicensed Contractor

On January 24, 2013, the Florida Supreme Court issued an opinion of importance to contractors and owners engaged in building construction in Florida. In Earth Trades, Inc. v. T&G Corp., No. SC10-1892, 2013 WL 264440 (Fla. Jan. 24, 2013), the Supreme...

Jan 29, 2013 | The Affordable Care Act: Department of Labor Extends Deadline for Providing Employees With Notice of Insurance Exchanges

The Department of Labor (DOL) has postponed the deadline for employers to provide their employees with written notice informing them of the existence of state-based health insurance exchanges created by the Affordable Care Act (ACA). The Act original...

Jan 29, 2013 | Final FATCA Regulations Issued in Fight Against Offshore Tax Evasion

The Treasury Department and Internal Revenue Service (IRS) have issued final regulations for their global reporting demands under the controversial Foreign Account Tax Compliance Act (FATCA). Enacted by Congress in 2010, FATCA was created to targe...

Jan 28, 2013 | Government Crackdown on Hospitals and Physician Practice Groups: $4.4 Million False Claims Settlement with Ohio Non-Profit Hospital & Heart Center and Independent Physicians Group

The Department of Justice (DOJ) is aggressively pursuing false claims actions against all forms of medical practices, who the DOJ believes have improperly billed Medicare, not provided proper physician supervision and billed services to Medicare that...

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