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Should I File for My Trademark + '.COM?' It Depends
Dinsmore & Shohl LLP, July 2020

In an 8-1 decision delivered by Justice Ruth Bader Ginsburg in the much-anticipated BOOKING.COM case, the U.S. Supreme Court has held that in some circumstances, a generic word combined with “.com” can be a protectable trademark. Generic marks are not eligible for trademark protection and are not actually marks at all. Instead, they are essentially the name for the product/service or type of product/service at issue...

Fourth Circuit Holds Qualified Immunity Cannot Shield Government Employees from False Claims Act Liability
Dinsmore & Shohl LLP, June 2020

The doctrine of qualified immunity, often invoked by police officers and other government employees in lawsuits alleging civil rights violations, was recently asserted by defendants in a federal False Claims Act (FCA) fraud case. In an interlocutory appeal, a unanimous Fourth Circuit panel has held qualified immunity cannot shield defendants from FCA liability. Citynet, No. 18-1575, 2020 U.S. App. LEXIS 19367 (4th Cir. June 22, 2020)...

COVID-19: Recommended Employer Response to CDCs Revised Guidance on High-Risk Employees
Dinsmore & Shohl LLP, June 2020

On June 25, 2020, the U.S. Center for Disease Control and Prevention (CDC) broadened its guidance on who’s at risk of severe illness from COVID-19 due to underlying medical conditions and age. Under the new guidance, the CDC departs from previous guidance stating that only individuals over 65 years of age were at increased risk of COVID-19 due to age, and now states that risk from severe illness from COVID-19 increases with age...

Supreme Court Rules Against Termination of DACA
Dinsmore & Shohl LLP, June 2020

On June 18, 2020, the Supreme Court of the United States ruled that the Department of Homeland Security (DHS) did not follow appropriate administrative procedures to terminate the Deferred Action for Childhood Arrivals (DACA) program and, therefore, was unauthorized to do so. The decision was a 5-4 ruling, written by Chief Justice John Roberts and joined by Justices Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer and Sonia Sotomayor...

Executive Order Suspends Entry of Certain Visa Categories due to Coronavirus Outbreak
Dinsmore & Shohl LLP, June 2020

Effective June 24, 2020, a new executive order from President Donald Trump will go into effect, limiting the entry of certain categories of foreign nationals to the U.S. through December 31, 2020 ostensibly to protect the U.S. labor market as it recovers from COVID-19. The order focuses on suspending and limiting entry of foreign nationals who are currently outside of the U.S...

US Trademark Office Waives/Refunds Fees for Reviving Applications and Registrations Abandoned Due to COVID-19
Dinsmore & Shohl LLP, June 2020

The COVID-19 pandemic has taken a toll on countless businesses around the United States, including breweries. During this time, its understandable many businesses have allowed their trademark deadlines to pass without action due to lack of funds. In light of these hardships, the US Trademark Office has announced that if a business allowed a deadline to pass due to COVID-19, it will waive/refund any fees to Petition to Revive the abandoned application or registration...

Ohio Treasurers COVID-19 Community Response Initiative
Dinsmore & Shohl LLP, June 2020

In response to the financial impact of COVID-19 on local governments within the State of Ohio (State), the Ohio Office of the Treasurer has introduced the COVID-19 Response Initiative (Initiative). The purpose of the Initiative is to provide liquidity to local governments by accelerating fiscal year cash flows and easing revenue shortfalls as a result of COVID-19...

Municipal Advisors Granted Relief under SECs Temporary Conditional Exemption
Dinsmore & Shohl LLP, June 2020

On June 16, 2020, the Securities and Exchange Commission announced a Temporary Conditional Exemption for municipal advisors (MAs), which provides an exemption from certain broker registration requirements under Section 15 of the Securities Exchange Act of 1934. This order is in response to the disruption in the municipal securities markets resulting from the COVID-19 pandemic...

Dont be a Mark in a Trademark Scam Signs of a Scam
Dinsmore & Shohl LLP, June 2020

What are trademark scams? Many scam artists attempt to solicit money from trademark owners by sending notices that appear to be authentic but are meant to mislead or fraudulently induce payment for unnecessary or nonexistent services. Unfortunately, because trademark filings are a matter of public record, many bad actors utilize the filing information to prey upon the owners by seeming legitimate. An example of a widely -known scam is shown below...

Did the PPP Create Class Action Liability for Banks?
Dinsmore & Shohl LLP, June 2020

As seen in Bank Director The federal government has a history of assisting businesses when a crisis occurs, but one of its latest interventions may have created risk for bank partners providing aid...

Breaking: US Supreme Court Rules Title VII Protects LGBTQ Employees
Dinsmore & Shohl LLP, June 2020

In a highly anticipated decision, the U.S. Supreme Court held Title VII of the federal Civil Rights Act protects LGBTQ employees from being fired because of their sexual orientation or gender identity. The opinion, released on June 15, 2020, was a consolidation of three federal appellate court decisions—Bostock v. Clayton County; Altitude Express v. Zarda; and R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission...

FDA Issues Temporary Guidance on Compliance with PDMA for Distribution of Drug Samples During COVID-19
Dinsmore & Shohl LLP, June 2020

Last week, the U.S. Food and Drug Administration (FDA) issued guidance for the health care industry, titled “Temporary Policy on Prescription Drug Marketing Act Requirements for Distribution of Drug Samples During the COVID-19 Public Health Emergency...

OSHA Guidance Instructs Employers Regarding Masks in Workplace
Dinsmore & Shohl LLP, June 2020

On June 10, 2020, the Occupational Safety and Health Administration (OSHA) released new guidance, in the form of frequently asked questions and answers, regarding the use of masks in the workplace.[1] The new guidance serves to help employers ensure employees know how to properly wear masks and which type of mask is appropriate. OSHA explains the difference between cloth face coverings, surgical masks, and respirators...

Changes to Title IX Regulations Applicable to School Districts
Dinsmore & Shohl LLP, June 2020

The events of this spring had many school districts looking forward to summer break. Unfortunately, it’s not quite resting time yet. On May 6, 2020, the U.S. Department of Education Secretary Betsy DeVos released new rules, which apply to colleges as well as K-12 schools and mark the first time the department has promulgated regulations under Title IX addressing how schools must handle sexual assault cases involving students...

CARES Act Provider Relief Fund Part 2
Dinsmore & Shohl LLP, June 2020

As an update to our April 24 alert, the United States Health and Human Services Department (“HHS”) has continued to provide a string of updates over the past month regarding the funds allocated to provide financial relief for eligible health care providers by the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act...

Mandatory COVID-19 Testing for Ohio Nursing Homes
Dinsmore & Shohl LLP, June 2020

On May 26, 2020, Ohio Governor Mike DeWine announced the formation of new Congregate Care Unified Response Teams to test residents and staff members in Ohio's nursing homes. Ohio Department of Health (“ODH”) Director Amy Acton, M.D., MPH, subsequently issued a Director’s Order on May 27, 2020 requiring all nursing homes to cooperate with this testing...

CMS Announces Enhanced Surveys for Nursing Homes to be Completed by July 31, 2020
Dinsmore & Shohl LLP, June 2020

The Centers for Medicare and Medicaid Services (CMS) announced on March 13, 2020 enhanced penalties for infection control survey non-compliance amid the COVID-19 pandemic.[1] On June 1, 2020, CMS announced significant changes related to nursing home surveys. The new changes require states to complete 100 percent of their Focused Infection Control nursing home surveys by July 31, 2020...

Ohio House Passes Bill to Protect Health Care Providers from Civil Liability and Professional Disciplinary Actions
Dinsmore & Shohl LLP, June 2020

The Ohio House of Representatives has voted overwhelmingly in favor of House Bill 606, known as the “Good Samaritan Expansion Bill.” The bill grants temporary immunity from civil liability and professional disciplinary actions to a wide range of health care providers for injury, death, or damages arising from health care services rendered in response to the COVID-19 pandemic...

Congress Passes Bill Providing More Flexibility to PPP
Dinsmore & Shohl LLP, June 2020

Congress passed legislation amending the Paycheck Protection Program (“PPP”) in hopes of making the program more useful to small businesses. Prior to the amendment, the PPP required loan proceeds to be spent during an eight-week covered period for a loan to be eligible for forgiveness. Additionally, 75 percent of the proceeds had to be used on payroll costs, so only 25 percent could be spent on certain eligible non-payroll expenses (e.g...

ODH Permits All Ohio Surgeries to Resume
Dinsmore & Shohl LLP, June 2020

On June 2, 2020, Ohio Department of Health (ODH) Director Amy Acton, M.D., MPH, issued a new comprehensive order permitting all surgeries to resume, effective immediately ( Surgery Resumption Order). The Surgery Resumption Order is available here. We have previously written about the March 17, 2020 ODH order that cancelled all non-essential or elective surgeries and procedures that use personal protective equipment (PPE)...

USPTO: Artificial Intelligence Cannot Be Listed as Inventor on Patent Applications
Dinsmore & Shohl LLP, June 2020

Last year, United States Patent and Trademark Office (USPTO) Director Andrei Iancu noted that artificial intelligence (AI) has the potential to “fundamentally chang[e]” “the legal concepts of inventor or author.”[i] The USPTO recently had cause to consider this issue. On petition, the USPTO considered whether an applicant can name an AI program as an inventor on a patent application...

Return-to-Work Checklist for Health Care Employers Reopening Their Businesses
Dinsmore & Shohl LLP, June 2020

The following are general considerations for health care employers who are strategizing their employees’ return to work. Note that each employer and health care environment is different and will need a specifically tailored plan. Further, there is a wealth of detailed guidance regarding various aspects of operating during the COVID-19 pandemic, including detailed guidance regarding proper PPE and patient treatment...

Expanded Physician Payments Sunshine Act Reporting Coming Soon
Dinsmore & Shohl LLP, June 2020

The Substance Use Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (“SUPPORT Act”)[1] was enacted on October 24, 2018. Among other things, the SUPPORT Act amended the Physician Payments Sunshine Act (“Sunshine Act”)[2] to expand the definition of “covered recipients”[3] for payment tracking and reporting purposes...

Nursing Homes Beware: Government Enforcement Is On The Rise
Dinsmore & Shohl LLP, June 2020

Federal and state government enforcers have been turning their focus to nursing homes, skilled nursing facilities, and other long-term care facilities. While this enforcement priority is not tied specifically to the COVID-19 pandemic, facilities can expect additional scrutiny as they are considered “ground zero” for infections...

Nursing Home Safety Amid COVID-19: CMS Publishes Infection Control Guidance and Toolkit
Dinsmore & Shohl LLP, June 2020

As states are beginning to open back up amid the COVID-19 pandemic, nursing homes and other long-term care facilities are still at the highest risk of infection and should continue to be cautious. One-third of all COVID-19 deaths are attributed to long-term care residents and workers.[1] Facilities need to take steps to manage the spread of the disease and protect their residents and staff as states begin to allow more flexibility around long-term care quarantine practices...

 

 

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