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Dinsmore & Shohl LLP | June 2022

Oklahoma joins Florida in passing its own version of the Telephone Consumer Protection Act (TCPA) called the “Telephone Solicitation Act of 2022.” The legislation is set to take effect on Nov. 1, 2022.  The Telephone Solicitation Act (TSA) applies to telemarketing calls using an “automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called ...

Dinsmore & Shohl LLP | June 2022

Distributed ledger technology (DLT) has revolutionized transaction of data, assets, and value, including the proliferation of cryptocurrencies and other digital assets. In order to leverage this emerging and revolutionary technology, state governments across the United States are looking to clarify how DLT use cases, specifically blockchains and their various sub-use cases, are treated under state law. With the adoption of HB 177.05, Ohio has joined the fray ...

After months spent collaborating on a loan application and waiting for HUD’s underwriters to judge its merits, the lender and borrower are thrilled to receive the HUD firm commitment, a major milestone on the path to closing. The parties lock the interest rate, draft loan documents, fine-tune title and survey, and assemble the pre-closing submission to HUD ...

On May 24, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an expansion of premium processing service to two additional categories of Form I-140 immigrant petitions. This is part of a broader push by USCIS to reduce backlogs, increase efficiency, and speed up decisions on certain previously filed Form I-140 immigrant petitions ...

Governor Mike DeWine signed Ohio House Bill 81 on June 16, 2021, codifying a significant change regarding eligibility for temporary total disability benefits (TTD) under Ohio Revised Code §4123.56(F). By enacting R.C. §4123.56(F), the legislature intended to leave behind decades of case law concerning the doctrine of voluntary abandonment ...

Two recent Supreme Court decisions concerning the First Amendment affect when the government can regulate speech. Dinsmore's Justin Burns and Brady Wilson wrote about the cases for Law360 Expert Analysis. An excerpt is below and the full PDF is above. Recent headlines from the U.S. Supreme Court focus on leaks, but City of Austin v. Reagan National Advertisements of Austin and Shurtleff v. City of Boston, two recent First Amendment decisions, are also worth noting ...

The U.S. Court of Appeals for the Fifth Circuit held in a 2-1 opinion that Congress’ delegation of legislative power to the Securities and Exchange Commission (the SEC) is unconstitutional because it fails to “provide an intelligible principle by which the SEC would exercise the delegated power.” The Fifth Circuit has called into question the legitimacy of the majority of the SEC’s enforcement operation, which occurs in front of administrative law judges (ALJs) ...

On May 4, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for certain Employment Authorization Document (EAD) categories up to 540 days, effective immediately and valid through Oct. 15, 2025. Historically, certain EAD categories were only eligible for an extension up to 180 days. The TFR will help avoid employment gaps for foreign nationals with pending EAD applications ...

Dinsmore labor and employment partner Thaddeus Harrell was published this week by Claims and Litigation Management (CLM) on the topic of navigating a fully in-office, remote or hybrid workforce and the legal considerations that come with each option. An excerpt is below ...

On Jan. 1, 2023, comprehensive tax legislation will take effect in Kentucky, potentially reducing Kentucky’s personal income tax in an effort to promote economic growth. To offset revenue losses, the legislation broadens the sales and use tax base and imposes new taxes and fees on electric vehicles, ride sharing and car rental services. In the near term, businesses must consider whether they must now collect and remit taxes and the effect of these new taxes on existing contracts ...

On March 30, 2022 the Division of Examinations of the United States Securities & Exchange Commission published the 2022 Examination Priorities. As in other years, the 2022 Examination Priorities document provides certain data regarding the scope of the examination program and the growth of the investment adviser community ...

On April 26, 2022 the Division of Examinations of the United States Securities & Exchange Commission published a Risk Alert detailing investment adviser deficiencies related to Section 204A of the Advisers Act and Rule 204A-1 under the Advisers Act ...

On Nov. 30, 2020 the North American Securities Administrators Association (NASAA) announced that its membership voted to adopt a model rule to set parameters by which NASAA members could implement continuing education programs for investment adviser representatives (IARs) in their jurisdictions. Following is a summary of the provisions of the model rule ...

The Digital Commodity Exchange Act of 2022(DCEA), introduced by Republican representatives Glenn Thompson of Pennsylvania and Tom Emmer of Minnesota, along with Democratic representatives Darren Soto of Florida and Ro Khanna of California, would create a definition for “digital commodity” and allow the Commodity Futures Trading Commission (CFTC) to oversee companies issuing or letting people trade certain tokens, while having the Securities and Exchange Commission (SEC

The Securities and Exchange Commission (SEC) announced on May 3, 2022 the near doubling of the unit responsible for protecting investors in crypto markets and from cyber-related threats by allocating 20 additional positions to that team. The rebranded Crypto Assets and Cyber Unit (formerly known as the Cyber Unit) (CACU), which is part of the Division of Enforcement, will now number 50 full-time professionals. “The U.S ...

Dinsmore & Shohl LLP | April 2022

On March 31, 2022, the staff of the Securities and Exchange Commission (the Staff) issued Staff Accounting Bulletin No. 121 (SAB 121). SAB 121 applies to businesses that provide  an operating platform that allows users to transact in crypto-assets coupled with a service to safeguard the platform users’ crypto-assets, including maintaining the cryptographic key information necessary to access the crypto-assets, crypto-asset trading platforms ...

Dinsmore & Shohl LLP | April 2022

Under a new Ohio law, school boards, governmental bodies, and other third parties will be prohibited from filing complaints to increase the value of others’ Ohio real property for tax purposes, except under certain limited conditions. Am. Sub. H.B. 126 is expected to largely eliminate the practice of retroactive tax increases as a result of complaints filed based on a sale in the year currently subject to appeal ...

Dinsmore & Shohl LLP | April 2022

Under a new bill adopted by the Ohio General Assembly, school boards, governmental bodies, and other third parties will be prohibited from filing complaints to increase the value of others’ Ohio real property for tax purposes, except under certain limited conditions. Am. Sub. H.B. 126 is expected to largely eliminate the practice of retroactive tax increases as a result of complaints filed based on a sale in the year currently subject to appeal. On its effective date, Am. Sub ...

Dinsmore & Shohl LLP | April 2022

Overview The general counsel is requesting the NLRB find captive audience meetings to constitute an unfair labor practice if the employer fails to provide its employees with assurances against threat of discipline, discharge or other reprisal. The general counsel did not direct the regions to begin issuing administrative complaints against employers who require employees to attend captive audience meetings at this time ...

Dinsmore & Shohl LLP | April 2022

On March 28, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the resolution of three investigations and one matter before an Administrative Law Judge related to compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule ...

Dinsmore & Shohl LLP | April 2022

On March 28, 2022, buried within a 200-page proposed rule ostensibly meant to redefine “dealer” and “government securities dealer” under Sections 3(a)(5) and 3(a)(44) of the Securities Exchange Act of 1934, the Securities and Exchange Commission (“SEC”) published a seemingly innocuous footnote: "Proposed Rule 3a5-4 would apply to securities as defined by Section 3(a)(10) of the Exchange Act, and proposed Rule 3a44-2 would apply to government  &

Dinsmore & Shohl LLP | April 2022

President Joe Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which  allows an individual asserting sexual assault or sexual harassment claims to bring such claims to court, even if they had previously agreed to mandatory arbitration. Dinsmore employment attorney Aly St. Pierre wrote about what employers need to know about this new law for The Indiana Lawyer. An excerpt is below ...

Dinsmore & Shohl LLP | April 2022

Recently, in Beal v. Outfield Brew House, LLC, 2022 U.S. App. LEXIS 7748 (8th Cir. Mar. 24, 2022) the 8th Circuit Court of Appeals upheld two district court decisions, each of which found that the marketing software called “Txt Live” used by the defendants to send promotional text messages to phone numbers randomly selected from a customer database is not an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA) ...

Dinsmore & Shohl LLP | April 2022

European-based and operating digital asset investors and entrepreneurs are on notice: The European Union (EU) is considering hobbling the blockchain and crypto ecosystem ...

Dinsmore & Shohl LLP | April 2022

In a recent real estate case, a court dismissed a lawsuit by a buyer to require the seller to sell him the property because the court found that the agreements between the parties contained in text messages and emails were unenforceable. This raises a significant concern over the enforceability of changes or amendments to construction contracts made by text or email, especially ones that will take a long time to perform ...

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