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Alert | Antitrust Law Alert
Nov 7, 2016 | Ohio Supreme Court Rules in Landowner Royalty Case
In a closely watched and long-awaited case with potentially sweeping industry-wide consequences, the Supreme Court of Ohio refused to adopt a default rule regarding deduction of postproduction costs from landowner royalties in Ohio.   In the case...
Alert | Antitrust Law Alert
Oct 27, 2016 | New HIPAA Guidance Sheds Light on Existing Rules
Recently, regulators issued new guidance related to the Health Insurance Portability and Accountability Act (“HIPAA”), Pub.L. 104–191, 110 Stat. 1936, enacted August 21, 1996. Specifically, on October 6, 2016, the Department of Health and Human Servi...
Alert | Antitrust Law Alert
Oct 19, 2016 | Home Health Pre-Claim Review Halted - Except for Illinois Agencies
In August 2016, the Centers for Medicare and Medicaid Services (“CMS”) began a Pre-Claim Review (“PCR”) demonstration for all Illinois-based home health agencies. CMS described the intent of the PCR demonstration as testing whether PCR would improve...
Alert | Antitrust Law Alert
Oct 17, 2016 | CMS Issues Final MACRA Rule: Expands Exemptions and Flexibility for Smaller Practices
Last Friday, the Center for Medicare and Medicaid Services (“CMS”) issued its Final Rule implementing the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”), which marks a milestone in efforts to improve and reform the health care system,...
Alert | Antitrust Law Alert
Oct 10, 2016 | Tech Companies and M&A Trends
One of this year’s top trends in the mergers and acquisitions arena has been the pursuit of technology companies by private equity. At the end of the first half of 2016, tech companies accounted for 46% of all U.S. buyouts, the highest level it had b...
Alert | Antitrust Law Alert
Sep 27, 2016 | Significant Victory for Trucking Company in Admitted Negligence Case
Randy Moore and Chris Cotter, members of the Roetzel & Andress litigation team, obtained summary judgment for a national trucking company in a case in which the trucking company’s driver rear-ended another vehicle and the negligence of its driver was...
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Sep 27, 2016 | Immediate Action Required by Health Care Providers to Comply With Section 1557 of the Affordable Care Act by October 16, 2016
The U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) has finalized new nondiscrimination rules, which implement section 1557 of the Affordable Care Act (“ACA”) (the “Final Rule”) (81 Fed. Reg. 31376). Under Section...
Alert | Antitrust Law Alert
Sep 27, 2016 | Dismissal with Prejudice Too Severe a Sanction for Failure to File Mediation Certification of Authority
Thomas P. Wert, Certified Circuit Civil Court Mediator and Board Certified Construction Attorney [1] In my mediation experience, the requirements of Rule 1.720 (e), Florida Rules of Civil Procedure, are sometimes ignored by parties. Rule 1.720 (...
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Sep 23, 2016 | Home Care Company Had Reasonable Basis for Treating Home Care Workers as Independent Contractors and Was Entitled to a Refund of Employment Taxes
In 2016, the U.S. District Court for the Eastern District of Pennsylvania held in Nelly Home Care, Inc. v. United States, that a home care company and its predecessor were entitled to refunds of employment taxes relating to their home care workers be...
Alert | Antitrust Law Alert
Sep 19, 2016 | A Roetzel Business Litigation Update
Ronald B. Lee and Chris Cotter, members of the Roetzel & Andress litigation team, received a defense verdict for a multi-national company with plants in Ohio on September 14, 2016, in the United States District Court for the Northern District of Ohio...
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Sep 19, 2016 | Ohio Supreme Court Rules in Ohio Dormant Mineral Act Cases
In a long awaited ruling issued last week, the Supreme Court of Ohio held that a surface owner could only bring a claim for abandonment of a severed mineral interest under the 1989 version of the Ohio Dormant Mineral Act (“1989 DMA”) before June 30,...
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Sep 19, 2016 | Pipeline Companies Win Key Battles in War for Eminent Domain Rights
On September 12, 2016, Ohio’s Ninth District Court of Appeals in Akron decided the case of Nexus Gas Transmission, LLC v. Donald R. Houston, et al., holding that Nexus Gas Transmission, LLC (“Nexus”) has a statutory right of entry for the purpose of...
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Sep 15, 2016 | CMS Allays Concerns Regarding Medicare Quality Payment Program Reporting Starting January 1, 2017
In an effort to allay concerns raised by physicians and other stakeholders in healthcare, the Center for Medicare & Medicaid Services (“CMS”) announced four options that will allow physicians and other providers to “pick their pace of participation”...
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Sep 12, 2016 | Nurses and Overtime Pay: Who is Eligible? Who is Exempt?
For our clients who employ nurses, the question arises on occasion as to whether employed nurses are to be considered exempt employees for purposes of the minimum wage and overtime pay requirements of the Fair Labor Standards Act (“FLSA”). We have ne...
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Aug 15, 2016 | HHS Issues Guidance on Ransomware Attacks
In July 2016, the Department of Health and Human Services Office of Civil Rights issued guidance (“HHS Fact Sheet”) intended to help health care entities understand and respond to ransomware attacks [1].  Ransomware is a type of malware that deni...
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Aug 4, 2016 | With Business Contracts, Lost Profits (Not Lost Revenues) Are the Proper Measure of Damages
Thomas P. Wert, Board Certified Construction Attorney[1] In late June, the District Court of Appeal of Florida, Fourth District, reiterated that in a breach of contract case, lost revenue alone is typically an improper measure of damages. In...
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Jul 26, 2016 | OSHA Delays Enforcement of New Rule's Anti-Retaliation Provisions
On July 13, 2016, the Occupational Safety and Health Administration (OSHA) announced it was delaying enforcement of the anti-retaliation provisions in its new injury and illness tracking rule. Generally, the new rule requires large employers to elect...
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Jul 26, 2016 | State Budget Schedule, Tax Changes Expected
Governor Kasich’s Administration recently provided guidance to state agencies regarding upcoming biennium budget requests that included a goal of encouraging Ohio’s economic competitiveness and job growth while restraining state spending. With...
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Jul 25, 2016 | Privacy Issues Lead to BIG Fines Under HIPAA
On June 24, 2016, the Catholic Health Care Services of the Archdiocese of Philadelphia (“CHCS”) entered into a “Resolution Agreement and Corrective Action Plan” to settle alleged violations of the Health Insurance Portability and Accountability Act o...
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Jul 12, 2016 | Ohio Medical Marijuana Law to Take Effect in September
Ohio’s new medical marijuana bill (HB 523) becomes effective on September 6, 2016. Passed by the Ohio General Assembly at the end of May and signed by Governor Kasich on June 6, the law makes Ohio the 25th state to pass a medical marijuana bill. The...