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July 16, 2015

Ohio Governor Approves Changes in Insurance Subrogation Law, Vetoes Some Provisions

On June 30, 2015, Ohio Governor John Kasich signed the 2016-2017 Ohio budget that includes an amendment that dramatically alters the state’s subrogation system. When the amendment goes into effect on September 28, 2015, an insurer’s monetary recovery...

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July 02, 2015

FDA Issues Advance Notice of Proposed Rulemaking Regarding Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, E-Liquids and Novel Tobacco Products

The Food and Drug Administration (FDA) has issued an advance notice of proposed rulemaking (ANPRM) seeking comments, data, research results, or other information to inform the agency’s thinking about options for issuing potential regulations related...

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June 30, 2015

DOL Releases Proposal to Expand Overtime

The U.S. Department of Labor (DOL) unveiled its proposal to broaden federal overtime regulations that will significantly increase the amount of employees entitled to overtime pay. Under the current Fair Labor Standards Act (FLSA), which governs minim...

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Working with an FMCSA Regulations / Hiring and Retention Expert

(June 2015)

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June 26, 2015

Statute Requiring Lenders to Notify Contractors of Decisions to Cease Funding on Construction Loans Precludes Claims for Equitable Lien and Unjust Enrichment

Two weeks ago, in a case of first impression, the First District Court of Appeal ruled that Section 713.3471, Florida Statutes, barred a contractor’s common law claims for equitable lien and unjust enrichment against a lender, which decided to cease...

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June 26, 2015

U.S. Supreme Court Determines Constitutional Right to Same-Sex Marriage

In a 5 to 4 ruling, the U.S. Supreme Court held in Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al., No. 14-556, that there is a constitutional right to same-sex marriage. Specifically, the Court held that marriage is a fundam...

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June 26, 2015

Unanticipated Legislation Impacting Failing Schools and Collective Bargaining Rights

On June 25, 2015, the Ohio General Assembly passed House Bill No. 70, which included an amendment that would centralize power to a chief executive in academically distressed districts and diminish the authority of collective bargaining agreements bet...

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June 26, 2015

Supreme Court Upholds Affordable Care Act Subsidies in King v. Burwell

The United States Supreme Court, in a 6-3 decision, has held that the Affordable Care Act, or ACA, authorizes federal tax credits for eligible Americans to help them purchase health insurance. The ruling upholds the controversial healthcare law, comm...

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June 25, 2015

New Florida Law Regarding Post-Foreclosure Tenant Protections

Lenders in Florida should take note of new statutory protections for residential tenants, which may delay the lender’s ability to take possession following a foreclosure sale and effects a departure from common law. In the wake of the sunset of the f...

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June 24, 2015

2015 Community Association Legislation

The Florida Legislature has approved several bills affecting condominium, homeowners and cooperative associations. House Bill 643 became law on June 17th, House Bills 791 and 71 will become law on July 1st, and House Bill 87 will become law on Octobe...

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June 15, 2015

Developers Beware: A Contractor May Be Held to Be Duly Licensed Even If the Contractor's Qualifying Agent Does Not Approve the Permit or Supervise the Work!

Although a general contractor’s construction of a project, with inadequate supervision and a fraudulently issued permit, may get the contractor in hot water with the Construction Industry Licensing Board, it will not subject the contractor to treble...

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June 09, 2015

U.S. Supreme Court Says No to Lien Stripping in a Chapter 7 Bankruptcy

On June 2, 2015, the United States’ Supreme Court issued the opinion in the case of Bank of America v. Caulket, where the Court ruled that a Debtor whose home is ‘underwater’ cannot “Strip off” or void a junior lien when filing for Chapter 7 Bankrupt...

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June 04, 2015

Don't Muck Up Your Case by Failing to Gather and Present the Right Evidence

By Tom Wert, Board Certified Specialist – Construction Law On May 22, 2015, a Florida appellate court issued an opinion, which highlights the importance of gathering and presenting sufficient evidence to support claims, especially when bringing a...

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June 02, 2015

Supreme Court Rules against Abercrombie In Religious Bias Suit

On June 1, 2015, the Supreme Court ruled in favor of the U.S. Equal Employment Opportunity Commission in its suit against Abercrombie & Fitch Stores Inc. for failure to hire applicant Samantha Elauf. The Supreme Court reversed a Tenth Circuit decisio...

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June 02, 2015

NLRB "Ambush Elections" Rule Upheld by Texas Court

This is for all the naysayers who have not heeded the warning that the NLRB’s Ambush Elections are real. For the companies that have not evaluated their workforce, their job description, or their emergency response plan for when they receive a petiti...

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May 27, 2015

Statute of Repose in Construction Cases Clear as Mud if Owner Does Not Pay

By Tom Wert, Board Certified Specialist – Construction Law On May 8, 2015, a Florida appellate court held that § 95.11 (3) (c) Florida Statutes, which establishes the statute of repose in construction cases, clearly and unambiguously provides that...

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May 18, 2015

Amount of Damages for Loss of Use in Construction Cases Does Not Need to be Established with Absolute Certainty

By Tom Wert, Board Certified Specialist – Construction Law Recently, a Florida appellate court weighed in on the kind of evidence necessary to prove loss of use damages on a construction project as a result of delays caused by an architect’s defec...

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May 15, 2015

Identity Theft through Breach of Third-Party Vendor Systems on the Rise

Many companies outsource portions of their business activity to outside vendors, including tasks such as payroll, mail-order or online purchasing, credit card processing, and a multitude of other functions. However, third-party vendors are an increas...

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May 04, 2015

TransVantage Bankruptcy Leads to Multiple Lawsuits against Motor Carriers

A Bankruptcy Trustee in New Jersey has filed lawsuits against numerous motor carriers to recover payments that were made by TransVantage Group or related entities for delivery and other transportation services provided over a 10-year period. The l...

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April 28, 2015

Building a House of Bricks: How to Build the Strongest Cyber Security Program

A brick house in today’s business environment is a strong and robust cybersecurity program. From direct deposits and online shopping to phishing and identify theft, the benefits and risks from increasing reliance on electronics and technology add ano...