Alert

June 11, 2020

Recent HHS Provider Relief Payment Updates

Since our May 11, 2020 Alert “HHS Provider Payment Updates,” the Department of Health and Human Services (HHS) has issued additional guidance through updated FAQs for payments health care providers received pursuant to phases of the Coronavirus Aid,...

 Alert

June 09, 2020

Possible Employer Vicarious Liability for Employee’s HIPAA Violation Even When Employee Engages In Unauthorized Act

Can an employer be held liable for an employee’s HIPAA violation even if the employee engaged in an unauthorized act that was motivated by the employee’s own personal interest?  In the recent decision of SoderVick v. Parkview Health System, Inc., No....

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June 05, 2020

Legislation Repeals Three Health-Related Excise Taxes Imposed by the Affordable Care Act

Legislation enacted by Congress has repealed three excise taxes that had been previously imposed by the Patient Protection and Affordable Care Act (the “Affordable Care Act”). Congress recently enacted the Taxpayer Certainty and Disaster Tax Relief A...

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May 21, 2020

OSHA Revises Guidance for Reporting COVID-19 Cases

On May 19, 2020, the Occupational Safety and Health Administration (OSHA) issued revised enforcement guidance for recording cases of COVID-19. Generally, OSHA requires certain high-risk industries, such as manufacturing, to record work-related injuri...

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May 21, 2020

Small Business Administration Releases PPP Loan Forgiveness Applications

On Friday, May 15, the Small Business Administration (SBA) released Form 3508, Loan Forgiveness Application, with no additional guidance issued by the Treasury Department. Most were encouraged to see the forgiveness application. However, while the ap...

 Article

June 2020

Ohio Supreme Court to Rule: Additional MTA Questions Involving Severed Oil and Gas Rights

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May 18, 2020

Ohio’s High Court Upholds the Constitutionality of H.B. 70’s Controversial School Takeover Law

On May 13, 2020, in a 5-2 split decision, the Supreme Court of Ohio upheld the constitutionality of H.B. 70, and the 131st General Assembly’s process in enacting it, in Youngstown City School Dist. Bd. of Edn. v. State of Ohio, Slip Opinion No. 2020-...

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May 15, 2020

Ohio Governor Announces Additional Dates for Reopening

Governor Mike DeWine has announced dates and protocols for the re-opening of several additional sectors of Ohio’s economy. The Governor is facing intense pressure from members of the Ohio General Assembly who want the entire economy opened immediatel...

 Article

Spring 2020

To Sandbag or Not to Sandbag, That is the Question

 Alert

May 13, 2020

EEO-1 Report Deadline Pushed Back to 2021

The United States Equal Employment Opportunity Commission has announced that it will push back to 2021 its annual collection of demographic data from private employers with 100 or more workers, the EEO-1 report.  Unsurprisingly, the announcement was...

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May 13, 2020

Federal Court Excludes Evidence of Stigma Damages in Eminent Domain Case Involving Gas Pipeline

A recurring theme in the area of eminent domain is so-called “stigma damages” caused by the construction of an improvement that may be thought to reduce the market value of a property. A common example is gas pipelines, which are sometimes associated...

 Article

May 13, 2020

The Critical Need to Comply With Contractual Notice Provisions in Light of COVID-19’s Cost and Schedule Impacts

"With sources predicting that construction employment will be the hardest hit of all industry sectors, contractors are facing challenges from all directions as COVID-19 disrupts the global economy. In an industry where it is always important to mind...

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May 11, 2020

HHS Provider Payments Update

As detailed in our April 29, 2020 Alert “HHS Provider Payments: Lack of Clarity Means Risk of Retention,” many health care providers received payments pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, with additional payment...

 Article

May 2020

Best Practices - Litigating During COVID-19

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May 08, 2020

Governor Extends Florida State of Emergency

Governor DeSantis issued EO 20-114, which extends the state of emergency in Florida initially established by EO 20-52 and set to expire today, May 8, 2020.  Under Florida Statutes Section 252.36, an executive order is limited to 60 days unless renewe...

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May 08, 2020

EEOC Updates COVID-19 Guidance on “High-Risk” Employees Returning to Work

The Equal Employment Opportunity Commission (EEOC) has issued new guidance regarding “high-risk” employees returning to work during the COVID-19 pandemic. A revised Q&A document published on May 7, 2020, addresses the question of when an employer may...

 Article

May 07, 2020

The Modern Physician

Ericka Adler is quoted in "The Modern Physician: An examination of the changing environment affecting paitent care, medical practices, and seeking a secure retirement." Click HERE to read the article.

 Alert

May 07, 2020

Illinois Starts the Process of Reopening

On May 5, 2020, Illinois Govern J.B. Pritzker issued a multi-phase approach to reopening the State of Illinois in light of the COVID-19 pandemic. This document, titled “Restore Illinois,” is a comprehensive approach to restoring business operations a...

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May 04, 2020

Congress may Overturn IRS’ Position in Notice 2020-32 that Expenses Resulting in Paycheck Protection Program Loan Forgiveness are Not Deductible

On April 30, 2020 the IRS issued Notice 2020-32 which concluded that no deduction is allowed under the Internal Revenue Code (“Code”), for an expense that is otherwise deductible if the payment of the expense results in covered loan forgiveness under...

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May 04, 2020

IRS Clarifies That Expenses Resulting in Paycheck Protection Program Loan Forgiveness Are Not Deductible

On April 30, 2020 the IRS issued Notice 2020-32 which clarifies that no deduction is allowed under the Internal Revenue Code (“Code”), for an expense that is otherwise deductible if the payment of the expense results in covered loan forgiveness under...