Firm: Dinsmore & Shohl LLP
Practice Industry: All
Region: All
Country/ State: All
Tag: All
Dinsmore & Shohl LLP | September 2023

If the United States Congress cannot reach a budget agreement to continue funding Federal government operations, the U.S. government will shut down non-essential functions Sunday, October 1, 2023.  During the shutdown, immigration-related government agencies will be affected as described below. Citizenship and Immigration Services (USCIS) USCIS is funded by the fees it receives in connection with petitions and applications it processes and will not close ...

Dinsmore & Shohl LLP | September 2023

Recently, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced a settlement with L.A. Health Care Plan. With more than 2.7 million members, L.A. Care is the nation's largest publicly operated health plan, that offers Medicaid, Medicare and plans through the Affordable Care Act.  Under the settlement, L.A. Care agreed to pay $1 ...

Dinsmore & Shohl LLP | September 2023

Dinsmore attorney Ben Carnahan co-wrote the following article with Jeff Clawson for Cleveland Bar Association's publication, Bar Journal. Ben is a banking and financial services partner in the Firm's Cleveland office.  Bankers, lawyers and business professionals all love a good high net worth client.  But, not all of us can represent the fat cats all of the time, nor should we ...

Dinsmore & Shohl LLP | September 2023

The SEC Division of Examinations (the “Division”) issued a Risk Alert on September 6, 2023 that describes the Division’s risk-based approach for selecting advisers to examine and outlines the scope of areas to be examined ...

Dinsmore & Shohl LLP | September 2023

On September 11, 2023 the SEC announced settled Administrative Proceedings with nine investment advisers for advertising hypothetical performance to the general public on their websites without adopting and/or implementing policies and procedures required by the Marketing Rule.  In addition, two of the investment advisers failed to maintain required copies of their advertisements ...

Dinsmore & Shohl LLP | September 2023

The National Labor Relations Board (“NLRB”) recently handed unions a resounding victory by reviving a legal doctrine that allows them to represent employees without winning a formal election. A New Framework Built on Old Principles In 1949, the United States was in the early stages of a post-war economic expansion. The NLRB, still in its infancy, was adopting policies at a rapid pace aimed at encouraging collective bargaining ...

Dinsmore & Shohl LLP | August 2023

The 5th Circuit Court of Appeals in New Orleans upheld parts of a Texas District Court ruling by restricting the use of Mifepristone, while allowing Mifepristone to remain on the market.[1] This is the latest ruling in an ongoing legal battle that has left the future of abortion medications in a state of flux. Dinsmore previously discussed the original April 2023 ruling that led to the most recent development ...

Dinsmore & Shohl LLP | August 2023

The U.S. Equal Employment Opportunity Commission (EEOC) has published its proposed regulations to implement the Pregnant Workers Fairness Act (PWFA) in the Federal Register. The PWFA, which became effective on June 27, 2023, requires employers to provide reasonable accommodations to employees and applicants suffering limitations from pregnancy, childbirth or related medical conditions ...

Dinsmore & Shohl LLP | August 2023

For the second time in three years, amendments to the False Claims Act have been proposed in the U.S. Senate. If enacted, the amendments would create uncertainty for FCA defendants and expand the scope of the FCA’s anti-retaliation provision to cover post-employment retaliation. In late July, a group of senators proposed the False Claims Amendments Act of 2023.[1] Championed by Sen ...

Dinsmore & Shohl LLP | August 2023

Dinsmore partner of counsel Frank Mamat contributes columns and analysis about labor and employment topics for the Small Business Association of Michigan's newsletter and website. In this edition, Frank and Dinsmore attorney Erik Bradberry write about legislation proposed in Michigan that would change what defines an independent contractor ...

Dinsmore & Shohl LLP | August 2023

Many businesses rely upon restrictive covenants with their employees. These include noncompete agreements, nonsolicitation agreements and confidentiality agreements. These agreements are intended to ensure that the investment a business makes in its employees, its customer relationships and confidential information are adequately protected. Recently, multiple new rules have been proposed that could see many of these agreements ruled unlawful and unenforceable in the United States ...

Dinsmore & Shohl LLP | August 2023

The Centers for Medicare & Medicaid Services (“CMS”) has announced its proposed rules for the Hospital Outpatient Prospective Payment (“OPPS”) and Ambulatory Surgical Center (“ASC”) Payment Systems, as well as its calendar year (CY) 2024 proposed Physician Fee Schedule (“PFS”), (collectively the “Proposed Rules”) ...

Dinsmore & Shohl LLP | August 2023

The SEC has adopted final rules requiring public companies subject to the reporting requirements of the Securities Exchange Act of 1934, to disclose material cybersecurity incidents and material information regarding their cybersecurity risk management, strategy and governance. In adopting the rules, the SEC intends to benefit investors, companies and the markets by requiring more consistent and comparable disclosures across registrants on cybersecurity incidents and risk management ...

Dinsmore & Shohl LLP | August 2023

In its second tranche of major standards reduction, The Joint Commission will eliminate or consolidate 210 accreditation standards across many of its programs. The modification to the affected standards will be effective August 27, 2023. The reduction is part of a major review effort of Joint Commission requirements announced in September of 2022 ...

Dinsmore & Shohl LLP | August 2023

This week, the National Labor Relations Board (“NLRB”) adopted a somewhat new standard for evaluating employer work rules when they are challenged as being “facially unlawful” under Section 8(a)(1) of the National Labor Relations Act (“NLRA”). This standard builds off the previous standard announced in Lutheran Heritage Village-Livonia ...

Dinsmore & Shohl LLP | August 2023

Dinsmore attorneys Michael Dailey, Brian Moore and Jared Phalen co-wrote an article for BankDirector.com looking into the future of non-competes in the banking industry. Read it below.  Banks have traditionally used non-compete agreements to protect themselves when executives and key managers quit and go to work for a competitor with the benefit of specialized training, proprietary methods and/or trade secrets taken from the prior employer ...

Dinsmore & Shohl LLP | August 2023

Public comment closed August 1 on the rulemaking process for a final ban on TikTok and other social media applications (“apps”) from federal contractors’ devices. The new regulation will expand upon the interim Department of Defense, General Services Administration, and NASA (“the agencies”) ban, which went into effect on June 2, 2023. Over half of all states have banned TikTok on state government devices, with more likely to follow ...

Dinsmore & Shohl LLP | July 2023

The Department of Homeland Security (DHS) has announced that the policy it put in place in March of 2020 allowing employers to remotely review Form I-9 employment authorization verification documents during the COVID-19 pandemic will end on July 31, 2023.  United States Citizenship and Immigration Services also announced that employers must complete the required physical (in-person) inspection for all Forms I-9 created under the temporary policy no later than August 30, 2023 ...

Dinsmore & Shohl LLP | July 2023

This year, the Federal Trade Commission (the “FTC”) and the Department of Justice (the “DOJ”) have been modifying antitrust guidance related to healthcare, and recently enacted three notable changes.  First, the FTC and DOJ jointly issued updated Draft Merger Guidelines (the “Draft Guidelines”) to address the way the agencies evaluate a merger to determine its effect on competition ...

Dinsmore & Shohl LLP | July 2023

On July 3, 2023, Ohio’s biennial budget bill[1] was signed into law by Governor Mike DeWine. In addition to major budget provisions, the bill also includes notable changes to Ohio’s Medical Marijuana Control Program (“MMCP”), the state program that regulates and licenses cultivators, processors, testing laboratories, dispensaries and medical marijuana cardholders. Beginning January 1, 2024, the MMCP will be under new management ...

Dinsmore & Shohl LLP | July 2023

As the latest signal in the priority of the Duty to Report in Ohio, the State Medical Board has updated its Duty to Report video.[1]  The video is offered by the Board for physicians to fulfill the mandatory continuing medical education (CME) component of the license renewal process in Ohio. Introduced in a new regulation on May 31, 2021,[2] the Board began mandating one hour of CME on the topic of the legal duty to report misconduct ...

Dinsmore & Shohl LLP | July 2023

A month after nixing the “objectively reasonable interpretation” (Safeco) defense under the False Claims Act, the Supreme Court has vacated and remanded two other cases for further consideration of the defendant’s subjective state of mind when it filed payment claims with the government. The Fourth Circuit in Sheldon and the Eleventh Circuit in Olhausen will provide the first tests of the High Court’s newly minted FCA intent standard ...

Dinsmore & Shohl LLP | July 2023

At the end of its 2023 term, the United States Supreme Court handed down several buzz-worthy decisions. Two opinions may have substantial and lasting impacts on employers and their efforts to promote diversity and inclusion. In Groff v. DeJoy, Postmaster General, the Court addressed religious accommodation and clarified the parameters of its “undue burden” standard set forth in its prior decision in Trans World Airlines, Inc. v. Hardison, 432 U. S. 63 (1977). 2023 U.S. LEXIS 2790 ...

Dinsmore & Shohl LLP | July 2023

On June 29, 2023, the Supreme Court of the United States handed down its much-anticipated decision in Abitron Austria GmbH, et al. (“Abitron et al.”) v. Hetronic International, Inc. (“Hetronic”) regarding the extraterritorial reach of the Lanham Act, the comprehensive trademark statute in the United States ...

Dinsmore & Shohl LLP | June 2023

In its second major False Claims Act decision in as many weeks, the Supreme Court sided with the Department of Justice in U.S. ex rel. Polansky v. Executive Health Resources, Inc., holding that the government may move to dismiss actions over the objections of the relator (whistleblower) even in cases where the government initially declined to intervene ...

dots