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Alert | Antitrust Law Alert
Feb 10, 2017 | UPDATE: Trump's Immigration Executive Order, Refused by Ninth Circuit Court of Appeals
Late yesterday, the Ninth Circuit Court of Appeals refused to reinstate President Donald Trump’s immigration Executive Order (Order) which suspended the entry of aliens from seven countries into the United States for 90 days. This ruling focused only...
Alert | Antitrust Law Alert
Feb 9, 2017 | US Patent & Trademark Office Issues New Trademark Use Rule
On January 19, 2017 the United States Patent and Trademark Office (USPTO) published a notice in the Federal Register introducing new requirements for declarations of use in commerce filed pursuant to Sections 8 and 71 of the Trademark Act. A decla...
Alert | Antitrust Law Alert
Feb 8, 2017 | Trump's Immigration Executive Order - Are We Back to Where We Started?
If you are confused about what is happening with President Donald Trump’s immigration Executive Order (Order), then you are not alone. PAST – What exactly is the Order? Trump signed the Order on January 27, 2017, temporarily banning travel from...
Alert | Antitrust Law Alert
Feb 3, 2017 | FDA Issues Proposed Tobacco Product Standard for N-Nitrosonornicotine (NNN) in Finished Smokeless Tobacco Products
On January 23, 2017, the Food and Drug Administration (FDA) issued a proposed tobacco product standard that would establish a limit of N-nitrosonornicotine (NNN) in finished smokeless tobacco products not to exceed 1.0 microgram per gram of tobacco (...
Alert | Antitrust Law Alert
Feb 2, 2017 | New Ohio Decision Clarifies Role of Judge and Jury in Eminent Domain Cases
As a general rule, injuries that are shared in common with the general public are not compensable under Ohio eminent domain law. Ohio’s 4th District Court of Appeals recently ruled that the question of whether an injury is shared in common with the g...
Alert | Antitrust Law Alert
Jan 30, 2017 | Governor Kasich Releases $144 Billion State Budget Proposal - What You Need to Know
Today, Governor Kasich released the executive version of the state’s two-year operating budget (Fiscal Years 2018-2019), which includes proposed spending of over $144 billion during the biennium. Similar to his previous three (3) budgets, the Governo...
Alert | Antitrust Law Alert
Jan 16, 2017 | New Federal Law Provides Additional Protection for Trade Secrets
For the first time in U.S. history, a new law was recently added providing federal protection for businesses’ trade secrets. The Defend Trade Secrets Act, 18 U.S. Code Section 1831 et. al. (DTSA) became law as an amendment to the Economic Espionage A...
Alert | Antitrust Law Alert
Jan 12, 2017 | New Form I-9, Employment Eligibility Verification
After much anticipation, on November 14, 2016, the United States Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification. USCIS announced that effective January 22, 2017, employers mus...
Alert | Antitrust Law Alert
Jan 11, 2017 | Health Reform Outlook for 2017: A Year of Major Uncertainty
Fulfilling their promises, Congressional Republicans moved to repeal the Affordable Care Act (ACA) on the first day of the new Congress when Senate Budget Committee Chair Michael Enzi (R-WY) introduced “reconciliation instructions.” These instruction...
Alert | Antitrust Law Alert
Jan 6, 2017 | Ohio Governor Kasich Signs into Law Presumption for Cancer Incurred During Work Activities
On January 4, 2017, Governor John Kasich signed the Michael Louis Palumbo, Jr., Act (The Act) into law, which provides a rebuttable presumption that a firefighter who is disabled due to certain cancers, contracted the same, while performing his or he...
Alert | Antitrust Law Alert
Dec 20, 2016 | New Anti-Kickback Safe Harbors
On December 7, 2016, the Department of Health and Human Services (HHS), Office of Inspector General (OIG), issued a final rule creating additional “safe harbors” for the Federal Anti-Kickback Statute (42 USC § 1320a-7b(b) et seq.) (AKS), which will g...
Alert | Antitrust Law Alert
Dec 12, 2016 | Ohio Legislature Concludes 131st General Assembly in Marathon Session Lasting Until 3:30 AM Last Friday
After a whirlwind final week of the lame duck session, where the Legislature passed various, often times emotion-evoking measures (including gun rights, abortion, unemployment compensation fund changes, municipal minimum wage pre-emption, and modific...
Alert | Antitrust Law Alert
Dec 12, 2016 | Fifth Circuit Court of Appeals Grants Department of Labor's Request for Expedited Briefing and Oral Argument Schedule
On December 8, the United States Court of Appeals for the Fifth Circuit granted the Department of Labor’s (“DOL”) motion for an expedited briefing and oral argument schedule in its appeal of the District Court’s grant of a nationwide injunction again...
Alert | Antitrust Law Alert
Dec 9, 2016 | Ohio Supreme Court Rules Concurrent Benefit Awards Not Authorized by Law
Yesterday, in a 5-2 opinion, the Ohio Supreme Court ruled that the Ohio Industrial Commission had abused its discretion when it awarded concurrent benefits to an injured worker (State ex rel. Ohio Presbyterian Retirement Servs., Inc. v Indus. Comm.,...
Alert | Antitrust Law Alert
Dec 8, 2016 | How the Grinch Stole Christmas? Hard Lessons from the Federal Eleventh Circuit
This week, the Federal Eleventh Circuit stole an unwitting appellant’s Christmas in Parker Auto Body, Inc. v. State Farm Mutual Automobile I, No. 16-15470 (11th Cir. Dec. 5, 2016).  The appeal began like any other: the appellant sought review from...
Alert | Antitrust Law Alert
Dec 6, 2016 | Federal Court Enjoins CMS Regulation Banning Arbitration of Nursing Home Disputes
The United States District Court for the Northern District of Mississippi issued a preliminary injunction barring the scheduled November 28, 2016, implementation of a Center for Medicare and Medicaid Services (“CMS”) regulation which would cut off fe...
Alert | Antitrust Law Alert
Dec 5, 2016 | Expanding Horizons for Startup and Small Companies Raising Capital
If you are a startup or small company looking to raise funds from investors, newly amended Rule 504 should catch your eye. Effective January 20, 2017, Rule 504 of Regulation D will allow startups and small companies to sell securities in an amount up...
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Dec 5, 2016 | Recent Developments Following the Issuance of an Injunction Against the DOL's Implementation of New Overtime Regulations
As expected, on Thursday, December 1, 2016, the United States Department of Labor (“DOL”) filed a notice of its appeal to the United States Court of Appeals for the Fifth Circuit of a preliminary injunction blocking the DOL from implementing the new...
Alert | Antitrust Law Alert
Nov 23, 2016 | Breaking News: Texas Federal Court Judge Issues Nationwide Injunction Against DOL, Bringing New Overtime Regulations to Abrupt Halt
In a surprise move, Judge Amos Mazzant III of the United States District Court for the Eastern District of Texas has issued a nationwide injunction against implementation of the new Fair Labor Standards Act (“FLSA”) overtime regulations, which were s...
Alert | Antitrust Law Alert
Nov 22, 2016 | Florida Medical Marijuana Law Will Take Effect January 2017
Florida voters passed a new medical marijuana law, Amendment 2, on November 8, 2016. Florida joins 27 other states, the District of Columbia, Puerto Rico, and Guam in allowing public medical marijuana programs. The new law will have far-reaching effe...