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Alert | Ohio Estate Planning Alert
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...
Alert | Estate Planning Alert
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...
Alert | Small Business Alert
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...
Alert | Public Entity Law Alert
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...
Alert | Retail Law Update
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...
Alert | Corporate Compliance Alert
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...
Alert | School Law Alert
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...
Alert | Corporate Compliance Alert
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...
Alert | Construction Industry Alert
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...
Alert | Employment Services Alert
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...
Alert | Tax Alert
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...
Alert | Corporate Compliance Alert
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...
Alert | Health Law Alert
Jan 25, 2013 | HIPAA/HITECH Omnnibus Final Rule
The Secretary of Health and Human Services ("HHS") is expected to publish today the Omnibus Final Rule which modifies the Health Insurance Portability and Accountability Act ("HIPAA") in order to: implement statutory amendments under the Health...
Alert | Business Services Alert
Jan 18, 2013 | Increased HSR Thresholds for 2013
On January 10, 2013, the United States Federal Trade Commission announced increases to the notification thresholds promulgated under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the "HSR Act"). The thresholds are adjusted ann...
Alert | Corporate Compliance Alert
Jan 17, 2013 | Government Crackdown on Skilled Nursing Facilities: The Coming Storm
When politicians cannot agree how to reduce budget deficits, they always find common ground in campaigns to root out alleged fraud and abuse. Central to this budget fight will be the cost of Medicare. One point of agreement is that the Center for Med...
Alert | Tax Alert
Jan 15, 2013 | Federal Tax in 2013 and the American Taxpayer Relief Act
The American Taxpayer Relief Act of 2012 (the "Act") signed into law by President Obama on January 2, 2013, modifies and/or extends certain "Bush-era" tax cuts or tax credits that would have expired at the end of 2012. Roetzel's tax professionals pro...
Alert | Corporate Compliance Alert
Jan 10, 2013 | Consumer Product Safety Commission: What to Watch for in 2013
The Consumer Product Safety Commission ("CPSC" or "Commission") - currently made up of two Democratic appointees and one Republican appointee - appears likely to continue taking an energetic approach to implementing its rules in 2013. For those compa...
Alert | Food Safety Alert
Jan 8, 2013 | FDA Issues Proposed Rules Under the Food Safety Modernization Act Regarding Preventive Control and Produce
On January 4, 2013, the FDA issued two rules implementing portions of the Food Safety Modernization Act. The first proposed rule focuses on the implementation of written plans to prevent contamination and respond in the event of contamination or an o...
Alert | Employment Services Alert
Jan 4, 2013 | The Affordable Care Act: Required Notice of State Insurance Exchanges
One of the most important features of the Affordable Care Act (ACA) is the creation of state-based health insurance exchanges. These exchanges will serve as marketplaces where individuals and small businesses can shop for health insurance coverage. T...
Alert | Ohio Employment Services Alert
Jan 2, 2013 | Ohio Court Rules that Bureau of Workers' Compensation Overcharged Thousands of Small Employers for Premiums
A Cuyahoga County Common Pleas Court judge ruled on Friday, December 28, 2012, that the Ohio Bureau of Workers' Compensation ("BWC" or "Bureau") overcharged thousands of Ohio employers that did not qualify for membership in group rating programs from...