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Dinsmore & Shohl LLP | January 2024

In June of 2022, the Supreme Court of the United States unanimously held in American Hospital Association v. Becerra that the United States Department of Health and Human Services (“HHS”) and the Centers for Medicare and Medicaid Services (“CMS”) overstepped their statutory authority when cutting 340B-related reimbursements to hospitals from 2018 through 2022 ...

Dinsmore & Shohl LLP | December 2023

Beginning January 1, 2024, companies created or registered in the United States will have to report information about their ownership to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury, pursuant to The Corporate Transparency Act (“CTA” or the “Act”). For more information, see our prior alert on this topic here ...

Dinsmore & Shohl LLP | December 2023

The U.S. Department of State has released details on a proposed pilot program testing the agency’s ability to resume domestic visa renewals for certain nonimmigrant visa categories and to study the effect the program has on reducing visa wait times worldwide. The program will begin on January 29, 2024 and end on April 1, 2024 ...

Dinsmore & Shohl LLP | December 2023

Recent changes to Ohio law have licensed health care professionals asking themselves when was the last time they confirmed or updated their email address, and other contact information, with agencies like the State Medical Board of Ohio, the Ohio Board of Nursing or the Board of Pharmacy? The impetus for such reflection is that Ohio licensing agencies may now serve significant legal documents exclusively through email, or a last-known fax number, as opposed to registered or certified mail thro

Dinsmore & Shohl LLP | December 2023

We’re entering the season of giving. Over the coming weeks, Americans across the nation will gather with family and friends to celebrate the holidays and give selflessly to the people and causes they love. Unfortunately, the Biden administra­tion might be embracing the giving spirit a little too much. Federal officials may soon decide to give away key domestic assets — American intellectual property (IP) — to our rivals ...

Dinsmore & Shohl LLP | November 2023

In the New Year, the United States Supreme Court is expected to hear arguments over the damages a plaintiff can recover in a copyright infringement lawsuit. The Supreme Court will consider the question of whether damages are limited only to the three-year period before the plaintiffs filed suit, or whether they can be retrospectively awarded for a longer period, as long as the plaintiffs filed within three years of discovering the infringement. In Warner Chappell Music Inc. v ...

Dinsmore & Shohl LLP | November 2023

The United States Supreme Court will soon decide whether public officials may be liable for blocking constituents on social media. On October 31, 2023, the Court heard oral argument in O’Connor-Ratcliff v. Garnier[i] and Lindke v. Freed,[ii] cases in which local school board officials and a city manager, respectively, are alleged to have blocked constituents from commenting on, or viewing, public social media accounts used for both government business as well as personal affairs ...

Dinsmore & Shohl LLP | November 2023

On November 7, 2023, Ohio voters passed Issue 2, a measure that will legalize the purchase and use of recreational marijuana. By passing this initiative, Ohio becomes the 24th state to legalize recreational marijuana. Issue 2 creates Chapter 3780 of the Ohio Revised Code. This new law will become effective on December 7, 2023 ...

Dinsmore & Shohl LLP | November 2023

A recent decision by the Ohio First District Court of Appeals holds the discovery rule does not apply to construction defect claims against design professionals. Generally, the discovery rule means that the applicable statute of limitations does not begin to run until the negligence is discovered by the injured party. However, in Breazeale v. Infrastructure & Development Engineering, Inc. (Appeal No ...

Dinsmore & Shohl LLP | November 2023

On November 7, 2023, Ohio voters passed Issue 1, the Right to Reproductive Freedom with Protections for Health and Safety, to establish the constitutional right to certain reproductive decisions. The new right will be enshrined in Section 22 of Article 1 of the Ohio Constitution, and will become effective within 30 days after the election. The passage of Issue 1 establishes in the Ohio Constitution an individual’s right to one’s own reproductive medical treatment ...

Dinsmore & Shohl LLP | November 2023

On November 7, 2023 Ohio voters approved the Issue 2 ballot initiative, which will make substantial revisions to Ohio’s cannabis laws[1] and make Ohio the 24th state[2] to legalize recreational marijuana. Issue 2 was introduced by the Coalition to Regulate Marijuana Like Alcohol which, according to the group, sought to legalize and regulate the cultivation, manufacturing, testing and sale of marijuana and marijuana products to adults and also legalize home grow for adults ...

Dinsmore & Shohl LLP | November 2023

The Department of Justice (DOJ) hopes to incentivize timely disclosure of misconduct uncovered during the mergers and acquisitions process with the October 2023 announcement of a department-wide safe harbor policy. The policy, which applies across the entire department, shields companies from criminal prosecution for misconduct they discover in companies they are acquiring or have recently acquired ...

Dinsmore & Shohl LLP | October 2023

In commercial real estate transactions, time is money, execution is everything and projects generally do not move forward without a mortgage loan. Lenders and their counsel should view a project as if the lender is the eventual buyer, owner and seller. For developers, considering the transaction from a lender’s point of view can save them considerable time and money and expedite loan closing ...

Dinsmore & Shohl LLP | October 2023

The SEC issued enforcement orders against three companies for including terms in their employment and separation agreements that violated Rule 21F-17(a) of the Securities Exchange Act of 1942, commonly known as the whistleblower protection rule. The rule prohibits any action that impedes an individual from communicating directly with SEC staff about a possible securities law violation ...

Dinsmore & Shohl LLP | October 2023

On October 26, 2023 the National Labor Relations Board (“NLRB”) issued a final rule on when an entity may be considered a joint employer of a group of employees. The rule was first proposed on September 7, 2022 ...

Dinsmore & Shohl LLP | October 2023

Beginning January 1, 2024, companies created or registered in the United States will have one year to report personal information about their owners to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury. The Corporate Transparency Act (CTA) will now require many companies in the United States to file personal information with the government on their ownership and business applicants ...

Dinsmore & Shohl LLP | October 2023

On October 16, 2023, the Division of Examinations of the United States Securities and Exchange Commission (the “Division”) published the 2024 Examination Priorities.  Historically, the Examination Priorities have been published in the 1st quarter of the applicable calendar year.  For 2024, the Division revised the publication date to align with the start of the SEC’s fiscal year ...

Dinsmore & Shohl LLP | October 2023

The Securities and Exchange Commission (SEC) has implemented rule revisions governing beneficial ownership reporting under Section 13(d) and 13 (g) of the Securities Exchange Act of 1934. The SEC also elaborated on its stance concerning the conditions under which it is determined that two or more individuals have established a collective entity for the regulatory scope of Sections 13(d) and (g) of the Securities Exchange Act of 1934 ...

Dinsmore & Shohl LLP | October 2023

Mexico has just announced significant tax incentives for companies in certain key industries to relocate operations to Mexico.  A government decree issued on October 11, 2023 seeks to boost the nearshoring trend targeting ten export-oriented manufacturing sectors. Nearshoring is the process by which a company relocates operations offshore, but close to the market where it intends to sell its products ...

Dinsmore & Shohl LLP | October 2023

The Drug Enforcement Administration (DEA) is once again extending telemedicine prescribing flexibilities for controlled substances. On October 6, 2023, the DEA jointly with the U.S. Department of Health and Human Services (HHS) announced a Second Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications (the “Second Extension”) ...

Dinsmore & Shohl LLP | October 2023

Last week, 49 state attorneys general announced a $49.5 million settlement with Blackbaud, Inc.  (Blackbaud) over the software company’s data-security practices and its response to a breach in 2020 that exposed the personal information of millions of individuals. Blackbaud provides software solutions to nonprofit organizations, including charities, schools and healthcare agencies, to help them connect with donors and manage data about their constituencies ...

Dinsmore & Shohl LLP | October 2023

The Department of Justice (DOJ) hopes to incentivize timely disclosure of misconduct uncovered during the M&A process with the announcement of a Department-wide Safe Harbor policy on October 4, 2023. The policy, which applies across the entire DOJ, shields companies from criminal prosecution for misconduct they discover in companies they are acquiring or have recently acquired ...

Dinsmore & Shohl LLP | October 2023

Tucked away in the recent Ohio Budget Bill, House Bill 33, were statutory changes that expand and modernize the statutes related to physicians and other health care professionals licensed by the State Medical Board of Ohio (Board) ...

Dinsmore & Shohl LLP | October 2023

The Equal Employment Opportunity Commission (“EEOC”) has published a proposed "Enforcement Guidance on Harassment in the Workplace" for public comment. If finalized, this will mark the first time since 1999 that the EEOC has updated its guidance on workplace harassment ...

Dinsmore & Shohl LLP | October 2023

Legal professionals live in a world dominated by electronic messages. Most of us can name at least one colleague with carpal tunnel syndrome, a side effect of banging on a keyboard all day trying to stay afloat in an ocean of emails. Email, the default communication mode for professionals, brings all sorts of advantages that make it indispensable. It’s so ubiquitous that we often forget about other options for exchanging information, including the phone. But A.G ...

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