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ACA Litigation Update – Supreme Court Declines to Fast Track Review of Fifth Circuit ACA Decision
Dinsmore & Shohl LLP, January 2020

On Dec. 18, 2019, the Fifth Circuit in Texas, et al. v. United States, et al. declared the Affordable Care Act’s1 (ACA’s) individual mandate unconstitutional. This decision is contrary to the controlling precedent established by the United States Supreme Court in NFIB v. Sebelius2, which upheld the ACA’s individual mandate as a permissible tax...

Acknowledge Conflicting Interests and Work to Understanding your Interests and their Interests
Dinsmore & Shohl LLP, October 2018

In order to accomplish this important task, the following are steps to follow: A. Make a list of other sides’ interest. It will help your remember them and stimulate ideas for how to meet such needs B. Communicate your interests when they are in conflict. Help the other side to see just how important and legitimate your interests are. Be specific and objective. Convince them they would feel the same in your shoes and recognize how you might feel in their shoes...

ADR Agreements Acceptable Condition of Employment Under Kentucky Statutory Amendment
Dinsmore & Shohl LLP, March 2019

Employers in Kentucky are now expressly permitted to require an employee or prospective employee to agree to arbitrate or engage in some form of alternative dispute resolution as a condition of employment. On March 25, 2019, Gov. Matt Bevin signed a statutory amendment authorizing this change to KRS § 336.700. This law applies retroactively to agreements that have already been executed by employees before March 25, 2019. This amended statute does a number of things...

American Rescue Plan Act Provides Additional Sick and Family Leave Credits for Employers
Dinsmore & Shohl LLP, March 2021

Last week upon final passage by Congress, President Joe Biden signed the American Rescue Plan Act (ARPA or Act) into law.[1] The $1.9 trillion economic stimulus bill provides a comprehensive package of available funds to qualifying individuals and businesses in the form of direct payments, industry-specific grants, and tax credits...

An Act to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018
Dinsmore & Shohl LLP, December 2017

On December 22, 2017, President Trump signed into law a sweeping tax act now known as An Act to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018 (the “Tax Cuts and Jobs Act”). The Tax Cuts and Jobs Act is effective beginning with the 2018 tax year. Over the coming weeks, we will be alerting you to changes in the tax law and planning ideas that may help to minimize your taxes...

An Introduction to Labor Racketeering Actions Under The Federal Racketeer Influenced & Corrupt Organizations Act
Dinsmore & Shohl LLP, November 2019

Any person injured in his or her business or property by a pattern of racketeering activity may have standing to seek relief pursuant to the Organized Crime Control Act of 1970...

An Ounce of Prevention with Working from Home ADA Accommodations
Dinsmore & Shohl LLP, September 2019

As seen on BankDirector.com: Even with a lack of legal clarity, banks can take steps to prepare for work-from-home accommodation requests from employees with disabilities. Technology now allows banks’ employees to be connected with coworkers and customers nearly anywhere in the world via email, chat, calls or video conferencing. Many banks use work from home, or telecommuting, as a perk to attract and retain talent...

Analysis of CFPB’s New Ability-to-Repay Rule for Qualified Mortgages
Dinsmore & Shohl LLP, July 2021

On Dec. 29, 2020, the Consumer Financial Protection Bureau (CFPB) published a final rule amending Regulation Z’s Ability-to-Repay/Qualified Mortgage (QM) requirements (the New Rule). Regulation Z requires creditors to make a reasonable, good-faith determination of a consumer’s ability to repay their residential mortgage loan. Loans that comply with Regulation Z’s requirements qualify for certain protections from liability...

Are Ohio Prescribers and Pharmacies Prepared for the New Requirement to Include ICD-10 Diagnosis Codes on All Controlled Substance Prescriptions?
Dinsmore & Shohl LLP, August 2017

We previously reported that on March 30, 2017, Ohio Gov. John Kasich and the executive directors of Ohio’s health care licensing agencies announced new standards for prescribing opiates for acute pain...

Are Stronger Dietary Supplement Regulations on the Horizon?
Dinsmore & Shohl LLP, April 2019

FDA Announces Public Meeting for Responsible Innovation in Dietary Supplements Industry Recently, the Federal Food and Drug Administration (FDA) announced it will hold a full-day public meeting to discuss strategies for responsible innovation in the dietary supplement industry.  The meeting will be held May 16, 2019, from 8:30 a.m. EST to 4 p.m. EST at the FDA Center for Food Safety and Applied Nutrition, Wiley Auditorium, located at 5001 Campus Dr., College Park, MD 20740...

Are We on the Cusp of the Next De Novo Wave?
Dinsmore & Shohl LLP, December 2017

As seen in Bank Director The process of establishing a de novo bank always has been complicated and time-consuming, and occasionally even painful. But since the beginning of the financial crisis, it seems that obtaining deposit insurance for a de novo bank has become a nearly impossible task. The Federal Deposit Insurance Corp. received 1,738 applications for deposit insurance from 2000 through 2008, and approved 1,258 of those applications—an approval rate of 72 percent...

Are you compliant with the Revised 42 CFR Part 2?
Dinsmore & Shohl LLP, July 2017

It has been four months since the changes to 42 CFR Part 2, the confidentiality regulations that apply to all substance abuse treatment records, became effective. Ensure your policies and forms have been updated. The finalized changes to 42 CFR Part 2 by the Substance Abuse and Mental Health Services Administration (SAMHSA), an agency within the U.S. Department of Health and Human Services (HHS), took affect March 21, 2017...

Assessing Current FDA and DEA Enforcement of CBD Consumer Products and Market Outlook for 2021 and Beyond
Dinsmore & Shohl LLP, November 2020

This article has been published in PLI Chronicle. The market for consumer products derived from cannabis and its components, including cannabidiol (CBD), is exploding. U.S. sales of CBD products is expected to exceed $20 billion by 2024, up from just $1.9 billion in 2018. TheCBD market is expected to develop across diverse industries such as cosmetics and skin care, health products, food and beverage, pet products, and pharmaceuticals...

Assignor Estoppel: Soil of the Common Law or a Strange State of Affairs?
Dinsmore & Shohl LLP, April 2021

On April 21, 2021, the Supreme Court of the United States heard oral arguments in Minerva Surgical, Inc., v. Hologic, Inc., et al., Case No. 20-440, concerning whether to limit, abolish, or uphold the doctrine of assignor estoppel. The doctrine of assignor estoppel, generally stated, prevents an inventor who assigns his patent from later challenging its validity...

Attorney General Announces Ninth Annual Fraud Takedown Targeting Opioid Epidemic
Dinsmore & Shohl LLP, July 2018

On June 28, 2018, Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III announced the ninth year of the national health care fraud takedown. The takedown resulted in the largest government action against health care fraud, which involved more than 600 defendants from over 50 federal districts. The targeted fraud schemes accounted for more than $2 billion in false billings...

Back to the Drawing Board (Somewhat) – D.C. Circuit Court of Appeals Invalidates Workplace Examination Final Rule
Dinsmore & Shohl LLP, June 2019

On June 11, 2019, the United States Court of Appeals for the District of Columbia Circuit overturned the 2018 version of MSHA’s workplace examination final rule and ordered the agency to implement the text of the 2017 proposed standard. In United Steel, Paper, and Forestry et al. v. Mine Safety and Health Administration et al., No...

Bank Guide to CARES Act SBA Lending Program
Dinsmore & Shohl LLP, March 2020

A quick legal reference for banks supporting small businesses Section 1 Section 2 Section 3 The Coronavirus Aid, Relief, Economic Security (CARES) Act signed into law by President Donald Trump on March 27, 2020, contains significant relief for small businesses affected by the national emergency declaration related to the COVID-19 pandemic and the aggressive actions taken by state governments across the nation to combat the spread of the virus...

Be Flexible in your Solutions and Options for Resolutions
Dinsmore & Shohl LLP, October 2018

To achieve this step in the process, set aside time to create a wide range of solutions that advance shared interest.  This can be done before and during your negotiation or mediation. There are 4 major obstacles which inhibit consideration of options: Premature judgment Hinders imagination and possibilities...

Be Fully Prepared: Negotiation Notes and Mediation Minutes
Dinsmore & Shohl LLP, April 2019

“You can’t have confidence unless you are prepared. Failure to prepare is preparing to fail.” — Coach John Wooden Once you have developed the facts (who, what, when, where, why and how) and the law pertaining to your dispute or conflict, you need to prepare for your negotiation or mediation. Coach John Wooden stated “You can’t have confidence unless you are prepared. Failure to prepare is preparing to fail...

Beer, Wine & Spirits Quarterly
Dinsmore & Shohl LLP, May 2020

    WHAT'S NEW COVID-19 Business Strategies Hub   Since the news first broke about the COVID-19 pandemic and its impact on the global economy, Dinsmore has worked diligently to create the COVID-19 Business Strategies Hub. The Hub features attorney insights and complementary webinars to help you prepare and respond to legal, regulatory, and commercial implications related to the crisis...

Best Practices for a Successful Negotiation or Mediation
Dinsmore & Shohl LLP, October 2018

A key ­­­quality for a successful attorney, leader of an organization, claims professional or human resource professional requires effective negotiation skills to resolve conflict and disputes. Negotiating over 1,000 such disputes as an attorney and mediator has been a tremendous education on how to successfully resolve disputes and conflict...

Best Practices in Share Class Reviews
Dinsmore & Shohl LLP, July 2021

The following is a list of best practices applicable to the share class review process. This guide aims to provide helpful tips regarding the process of replacing an advisory client’s existing mutual fund share class with a lower-cost alternative, where it is identified that a replacement option exists and may be available for placement in the client’s account at the custodian. Review of share classes on a periodic basis...

Betsy DeVos Indicates Big Plans to “Reframe” Title IX
Dinsmore & Shohl LLP, September 2017

Yesterday, Education Secretary Betsy DeVos addressed the public regarding a controversial and difficult issue – Title IX. In her statements, she announced the new administration will change the way colleges and universities handle incidents of sexual assault on campus...

Beware: Violations Of State Safety Requirements Bring Penalties For Both State Fund and Self-Insured Employers
Dinsmore & Shohl LLP, April 2019

Recently, Dinsmore has noticed an uptake in claimant allegations that an employer has caused an accident due to violation of a specific safety requirement (VSSR). A VSSR award is an additional award paid to the employee by the Bureau of Workers’ Compensation (BWC) billed directly to state fund employers or paid directly by a self-insured employer...

Biden Executive Order Calls for Ban on Noncompete Agreements
Dinsmore & Shohl LLP, July 2021

On Friday, July 9, 2021, President Joe Biden signed an executive order directing various federal agencies to implement 72 specific actions intended broadly to increase competition in the American economy. The executive order is intended to impact a wide range of economic activity, including mergers and acquisitions, occupational licensing, anticompetitive behavior, and prices of medical devices and prescription drugs...

 

 

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