Insights

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Jul 7, 2021 | New Funding, Mandates for K-12 Schools in Ohio’s Operating Budget

Ohio’s FY 22-23 Operating Budget: Overall Policy Implications for K-12 Schools The following document provides an overview of changes to law affecting Ohio’s K-12 schools which are contained in Substitute House Bill 110 (“HB 110”), the State of Oh...

Jul 6, 2021 | The Requirement of In-Person Public Meetings Resumes

As of July 1, 2021, public entities must take care to conduct their public meetings and public business in-person, as was the norm prior to the COVID-19 pandemic. While House Bill 404 extended to July 1, 2021, the prior authorization for public of...

Jun 30, 2021 | New Late Assessment Notice Requirement for Florida Condominium, Cooperative, and Homeowners’ Associations

As of July 1, 2021, Florida condominium, cooperative, and homeowners’ associations will be required to send notice of past due assessments before they can collect attorneys’ fees from the delinquent owner. Currently, the applicable statutes require t...

Jun 29, 2021 | Minding Your P’s and Q’s: How to Properly Assert and Maintain the Empty Chair Defense

The “Empty Chair” defense, or so it has been called, is an affirmative defense under Ohio law that allows a defendant in a tort action to seek an allocation of fault to one or more parties that are not a party to the lawsuit under R.C. 2307.23. This...

Jun 25, 2021 | Ohio Supreme Court Rules that School Employees Must Undergo Training in Order to Carry Firearms on School Grounds

On June 23, 2021, in a 4-3 decision, the Ohio Supreme Court ruled that a resolution passed by the Madison Local School District Board of Education which allowed certain employees of the District to carry firearms on school grounds did not comport wit...

Jun 24, 2021 | Supreme Court Rules in Favor of High School Student in First Amendment Dispute

By Ahmer Sheriff & Hailee Kepchar, Law Clerk On June 23, 2021, the Supreme Court of the United States, in an 8-1 decision, affirmed the rulings of both the United States District Court for the Middle District of Pennsylvania and the Third Circuit...

Jun 22, 2021 | What You Should Know About Liability Waivers for Minors in Ohio

As Ohio’s COVID restrictions are lifting, and families and organizations get back to regular sports and recreational activities, it is important to consider the legal contours of liability waivers that parents sign for their minor children.  In Oh...

Jun 17, 2021 | U.S. Department of Education Issues New Interpretation Providing Protection Against Discrimination Based on Sexual Orientation and/or Gender Identity Under Title IX

On Wednesday, June 16, the United States Department of Education issued a Notice of Interpretation (“Interpretation”) “to make clear that the Department interprets Title IX’s prohibition on sex discrimination to encompass discrimination based on sexu...

Jun 11, 2021 | Will Cannabis Ever Be Legalized at the Federal Level?

Many states have legalized the use of cannabis for medical and/or recreational usage. However, cannabis is still listed as a Schedule I drug under the Controlled Substances Act and thus illegal at the federal level. Passage of the Marijuana Opportuni...

Jun 11, 2021 | OSHA Issues COVID-19 Rules for Healthcare Employers Only

On June 10, 2021, Marty Walsh, Labor Secretary and acting assistant Secretary of Labor for Jim Frederick of Occupational Safety and Health Administration, announced the “emergency temporary standard,” or ETS, that identifies what employers must do to...

May 28, 2021 | BWC Proposes New Rule Excluding COVID-19 Claims From an Employer’s Experience Rating

The Bureau of Workers’ Compensation (BWC) is proposing a new rule which will exclude COVID-19 claims from an employer’s experience rating.   In proposing the new rule, the BWC noted that pandemics are generally considered catastrophes and the pres...

May 28, 2021 | EEOC Issues Updated Technical Guidance Regarding COVID-19 Vaccinations

On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued updated technical guidance regarding COVID-19 vaccinations consistent with federal civil rights laws enforced by the EEOC. The EEOC technical guidance states that “[a]nalysi...

May 25, 2021 | Illinois Governor Signs Sweeping Health Care Law

Governor J.B. Pritzker recently signed into law the “Illinois Health Care and Human Service Reform Act” (Act). The purpose of the Act is to address inequality in the delivery of health care services in Illinois. While many provisions apply solely to...

May 24, 2021 | IRS Asks Major Crypto Exchange for Users’ Identities and Data

Earlier this month, the United States District Court, Northern District of California approved the Internal Revenue Service’s (IRS) request to execute a “John Doe” summons on the parent company of popular cryptocurrency exchange Kraken. The order dem...

May 7, 2021 | Clean Water Act Update

Overview of Recent Nationwide Permit Program Changes On March 28, 2017, former President Donald Trump issued Executive Order 13783, “Promoting Energy Independence and Economic Growth.” The Executive Order directed the U.S. Army Corps of Engineers...

May 6, 2021 | Tenants Get at Least a Week’s Breathing Room Under Continuing Eviction Moratorium

While the District of Columbia federal court's order yesterday vacated the moratorium, HHS (the CDC is part of the family of agencies under the HHS, which was actually named as the Defendant) quickly filed an emergency motion to stay the order.  You...

May 5, 2021 | Federal Judge Vacates CDC Eviction Moratorium

On Wednesday, May 5, 2021, Judge Friedrich of the United States District Court for the District of Columbia, entered an Order vacating the CDC’s nationwide eviction moratorium order. In a related opinion, Judge Friedrich ruled that the Public Health...

May 4, 2021 | It’s a Bird! It’s a Plane! It’s a … Drone?

The Federal Aviation Administration recently issued final rules requiring remote identification of Unmanned Aerial Systems (“UAS” aka drones) and allowing flight over people, moving vehicles, and at night under certain conditions. The final rules wen...

Apr 27, 2021 | Department of Labor Planning Enhanced Enforcement

Not surprisingly, the U.S. Department of Labor’s Wage and Hour Division is looking to reverse many of the Trump administration’s employer-friendly initiatives and rules. Those reversals include: Setting aside gig-industry-friendly rules that ma...

Apr 27, 2021 | President Biden’s American Jobs Plan Calls for Significant Funding for Worker-Focused Agencies

Workplace civil rights and health and safety agencies will likely receive additional funding to carry out anti-bias enforcement under President Biden’s American Jobs Plan.   Last month, President Biden announced his administration’s $2 trillion Am...

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