Insights

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Jul 6, 2017 | STATE BUDGET UPDATE: In a Historic Move, House Votes to Override 11 of the Governor's Vetoes from State Budget

The last time the Legislature voted to override multiple state budget vetoes was exactly forty (40) years ago to this day on July 6, 1977 under then Governor James Rhodes (R) and former longtime House Speaker Vern Riffe (D). However, just this mornin...

Jul 5, 2017 | Physicians Begin Receiving Licenses Under Licensure Compact

Recently, physicians became eligible to apply for out-of-state licensure pursuant to the Interstate Medical License Compact (Compact). The Compact is a voluntary agreement among eighteen states and twenty-three medical boards that allows a physician...

Jul 3, 2017 | State Budget Wrap-Up: Extensive Public Policy and Funding Changes - What You Need to Know

Just before the midnight deadline on Friday, Governor John R. Kasich signed the state’s two-year operating budget into law. The Governor first released his budget proposal in January 2017 and the Legislature has spent the last six (6) months hearing...

Jun 30, 2017 | OSHA Proposes to Extend July 1 Deadline for Injury and Illness Summaries

The Occupational Safety and Health Administration (OSHA) had previously set a deadline of July 1, 2017 for certain employers to electronically submit Form 300A, Annual Injury and Illness Summaries. In a proposed rule included in the June 28, 2017 Fed...

Jun 29, 2017 | 2017 Community Association Legislation

The Florida Legislature has approved several bills affecting condominium, cooperative, and homeowners’ associations.  House Bill 1237 and Senate Bill 1520 only amend Chapter 718, Florida Statutes (the Condominium Act). Senate Bill 398 amends the Cond...

Jun 20, 2017 | IRS Grants Extension of Time to Acquired Group to Elect to Deduct 70-Percent of Their Success-Based Advisor Fees

In Private Letter Ruling 201722002 (published June 2, 2017), the Internal Revenue Service (IRS) granted the taxpayer, a group of corporations that were acquired pursuant to a plan and agreement of merger and became wholly owned subsidiaries of the ac...

Jun 16, 2017 | Court Rules Against Dish Network in Multi-State Lawsuit

On June 5, 2017, the United States District Court for the Central District of Illinois issued a ruling in a lawsuit filed against Dish Network, LLC (3:09-CV-03073). The plaintiffs in the lawsuit were the United States (on behalf of the Federal Trade...

Jun 9, 2017 | Recent United States Supreme Court Decision Further Constricts Use of General Personal Jurisdiction to "Forum Shop" Against Transportation Companies

The Supreme Court’s recent decision in BNSF Ry. Co. v. Tyrrell (BNSF), No. 16-405, 2017 WL 2322834, (U.S. May 30, 2017) demonstrates why personal jurisdiction should be examined in response to every lawsuit filed against a transportation company and...

Jun 2, 2017 | When Does a Text Become a Binding Contract in Real Estate?

Watch out, that text you just sent may have created an enforceable contract. As the use of electronic communication has become more pervasive in society, warnings regarding its various forms: text messages, email, Facebook posts, Facebook messages, a...

May 22, 2017 | Ohio House of Representatives Passes Bill Removing Workers' Compensation Benefits for Unauthorized Aliens; Reduces Time to File Claim to One Year for all Workers

The House of Representatives passed House Bill 27 (HB 27) to provide for a $566.5 million workers’ compensation budget over the next two years. The House of Representatives included three significant additions to that bill: The time for an inju...

May 18, 2017 | Delaware Court of Chancery Focuses on Fiduciary Duty of Directors Appointed by Preferred Stockholders

In a recent Delaware Court of Chancery opinion filed April 14, 2017 in The Frederick Hsu Living Trust v. ODN Holding Corporation, the court held that it may be a breach of the directors’ fiduciary duty to cause the corporation to sell off parts of it...

May 10, 2017 | Center for Medicare and Medicaid Services Proposes Delay of Implementation of New Home Health Agency Rules

On January 13, 2017, the Center for Medicare and Medicaid Services (CMS) issued a final rule relating to a series of changes for conditions to participation in Medicare and Medicaid by home health agencies (HHAs). At the time of issuance in January 2...

May 8, 2017 | American Medical Association to Tackle Texting with Patients

This June, the American Medical Association (AMA) House of Delegates will take up the issue of patient-physician texting at its annual meeting. With respect to physician-patient communications, the AMA has already issued guidelines for physicians on...

May 3, 2017 | R.I.P. to Brick-and-Mortar Stores in India

It is a millennial world – and with that comes the ability to do almost anything online. This is not a surprise to most Americans, as many well-known American clothing retailers have fallen prey to the rise of e-commerce. However, what may come as a...

Apr 28, 2017 | White House Announces Tax Reform Proposals

On April 26, 2017, the White House distributed a one-page outline of its tax reform proposals entitled “2017 Tax Reform for Economic Growth and American Jobs” (Outline).  The reforms in the Outline are set forth in general terms and are divided into...

Apr 18, 2017 | FBI Warning on Cybercriminals Targeting FTP Servers to Compromise Protected Health Information

In March 2017, the Federal Bureau of Investigation (FBI) issued a Private Industry Notice (Notice) advising that the FBI is aware that cybercriminals are actively targeting File Transfer Protocol (FTP) servers in “anonymous” mode, which are associate...

Apr 5, 2017 | Federal Appeals Court Rules Civil Rights Act Protects LGBT Employees

A federal appeals court ruled on Tuesday that Title VII of the Civil Rights Act of 1964 prohibits job discrimination against gay, lesbian, bisexual, and transgender employees. The decision, by the United States Court of Appeals for the Seventh Circui...

Mar 24, 2017 | Disclosure Only Settlements - the Effect of Choice of Law

The Delaware Courts took a significant step in 2016 to reduce the filing in Delaware of lawsuits aimed at procuring disclosure only settlements (meaning settlements that involve only the provision of additional information surrounding a proposed sale...

Mar 23, 2017 | House Preparing to Vote on Repeal and Replace of Patient Protection and Affordable Care Act

Following the introduction of proposed legislation on March 6, 2017 to repeal and replace certain portions of the Patient Protection and Affordable Care Act (ACA) and Manager’s Amendments on March 20, 2017, the House Rules Committee met on March 22,...

Mar 13, 2017 | Second Time's a Charm?

Last Monday, President Trump signed a new Executive Order (Order) banning citizens of six predominantly Muslim countries from entering the United States. This ban includes citizens from Sudan, Syria, Iran, Libya, Somalia, and Yemen. The new Order goe...

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