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Dinsmore & Shohl LLP | March 2022

Following the passage of House Bill (HB) 122[i] and its corresponding expansion of telehealth services by Ohio health care providers, the State Medical Board of Ohio (Ohio Board) has released proposed administrative rules in furtherance of the recent legislation ...

Dinsmore & Shohl LLP | March 2022

A decision this week from the Third District Court of Appeals serves as a reminder for why contractors need to be aware of all of the terms of the warranties they rely on and pass on to their customers. In West Bay Plaza Condominium Association v. Sika Corporation, a condominium association appealed the dismissal of its lawsuit due to claims that the lawsuit was filed in the wrong location ...

Dinsmore & Shohl LLP | March 2022

A recent decision from Florida’s Fourth District Court of Appeal addressed the issue of whether a subcontractor that failed to obtain local licenses required by a county ordinance was allowed to litigate claims for work that required those licenses ...

Dinsmore & Shohl LLP | March 2022

In December, Florida’s Third District Court of Appeal reversed a judgment in favor of a landlord holding that a contractor’s lien could not attach to the real property being improvement by a tenant of the landlord. The reversal allowed the contractor’s lien enforcement claim to proceed. K.D. Construction of Florida, Inc. v. MDM Retail Ltd, arose from improvements made to a movie theater by a contractor ...

Dinsmore & Shohl LLP | March 2022

In January, Florida’s Second District Court of Appeal affirmed a $638,794.10 award for damages in favor of a utility contract, and reversed an award of $177,750 in liquidated damages in favor of the county that hired it. The damages awarded arose from an improper stoppage of work and delay in construction by the county. Sarasota County Florida v. Southern Underground Industries, Inc ...

Dinsmore & Shohl LLP | March 2022

On Feb. 24, 2022, the Centers for Medicare and Medicaid Services (CMS) announced the redesign of its Global and Professional Direct Contracting (GPDC) accountable care organization (ACO) into one that focuses on health equity. The redesigned model, Realizing Equity, Access, and Community Health (REACH), was modified to reflect the Biden administration’s policy priorities as well as stakeholder feedback and participant experience ...

Dinsmore & Shohl LLP | March 2022

Since the beginning of the year, Florida’s courts have issued three decisions impacting contractors, which are summarized below. Does Failure to Obtain Local Licenses Render Contracts Unenforceable? A decision from Florida’s Fourth District Court of Appeal addressed the issue of whether a subcontractor that failed to obtain local licenses required by a county ordinance was allowed to litigate claims for work that required those licenses ...

Dinsmore & Shohl LLP | March 2022

On Feb. 25, 2022, the U.S. Centers for Disease Control and Prevention (CDC) relaxed its masking recommendations. Under the new guidance, the CDC only recommends individuals mask while indoors in public if their community is categorized as high risk. The CDC is no longer recommending masks for individuals in low- or medium-risk communities ...

Dinsmore & Shohl LLP | February 2022

Joint employers and independent contractors need to be aware of recent announcements of both the United States Department of Labor (DOL) and the National Labor Relations Board (NLRB).  These bodies have announced significant changes to current regulations with respect to their standards for joint employers and independent contractors ...

Dinsmore & Shohl LLP | February 2022

Dinsmore taxation associate Sierra Williams wrote an article for the American Bar Association's Journal of Affordable Housing titled "Power Couples: Twinning Opportunity Zones with Other Economic Tax Incentives." An excerpt is below. Since this country’s inception, federal economic development programs have been fundamental and innovative tools to incentivize both public and private sector investment in distressed areas ...

Dinsmore & Shohl LLP | February 2022

Dinsmore employment partner Tammy Bennett wrote a column for Savoy Network on the actionable steps law firms can take to boost diversity efforts. An excerpt is below. Under the immediate impact of Covid-19 and the “race pandemic,” businesses expressed support in public statements; some made long-overdue changes to company logos and other aspects of branding. Such gestures matter ...

Dinsmore & Shohl LLP | February 2022

On Feb. 10, 2022, Congress approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the act). True to its title, the act allows new claims of sexual harassment and sexual assault be filed in court, rather than be subject to pre-dispute mandatory arbitration clauses ...

Dinsmore & Shohl LLP | February 2022

A recent settlement involving one of the largest crypto companies in the world should serve as an indication that any company offering or intending to offer crypto lending to its clients should prepare to either proactively seek regulatory compliance or potentially face SEC inquiries. One pervasive challenge entrepreneurs in the cryptocurrency and blockchain ecosystem face is a lack of guidance from regulators ...

Dinsmore & Shohl LLP | February 2022

On Jan. 27, 2022 the SEC Division of Examinations issued a Risk Alert providing observations of examination staff relating to advisers to private funds. The Risk Alert provides additional observations in follow up to the Division of Examinations June 23, 2020 Private Fund Adviser Risk Alert. The Jan ...

Dinsmore & Shohl LLP | February 2022

On Feb. 9, 2022 the SEC proposed rules related to cybersecurity risk management for investment advisers and registered investment companies, as well as amendments to certain rules that govern adviser and fund disclosures ...

Dinsmore & Shohl LLP | February 2022

It’s been a little over a month since the Ohio Department of Insurance Surprise Billing rule became effective, and the department has now added an online Toolkit to help consumers, providers and stakeholders. The Toolkit is available here. The new rule prohibits out-of-network facilities and ambulances (OON Providers) from balance-billing patients for certain services ...

Dinsmore & Shohl LLP | February 2022

U.S. Citizenship and Immigration Services (USCIS) released guidance on the FY2023 H-1B lottery process. Despite attempts to change the structure of the lottery selection process, the Service announced that it would continue with a random-selection lottery for 2022. The registration system will be open from 12 p.m. ET March 1, 2022 until 12 p.m. ET March 18, 2022. The application fee will continue to be $10 for each case entered into the system ...

Dinsmore & Shohl LLP | February 2022

U.S. Citizenship and Immigration Services (USCIS) released guidance on the FY2023 H-1B lottery process. Despite attempts to change the structure of the lottery selection process, the Service announced that it would continue with a random-selection lottery for 2022. The registration system will be open from 12 p.m. ET March 1, 2022 until 12 p.m. ET March 18, 2022. The application fee will continue to be $10 for each case entered into the system ...

Dinsmore & Shohl LLP | February 2022

Only 180 days after the close of the Tokyo 2020 Summer Olympic Games, the world gathers again for the opening ceremony of the Beijing 2022 Winter Olympic Games. In honor of the celebration, we are resharing our quick guide of key things to keep in mind if you want to cheer on competitors at the Olympics as a business over the next few weeks. Whether you are an Official Sponsor or not, you should feel confident participating in the conversation ...

Dinsmore & Shohl LLP | January 2022

Here’s a fun conversation starter for lenders, borrowers and attorneys who regularly work on HUD-insured multifamily and health care facility loans: If HUD had a list of Ten Commandments for obtaining a HUD-insured loan, what would be Commandment No. 1? Most professionals in the HUD-insured loan universe would likely put the “first lien” requirement at or near the top of the list of Ten Commandments ...

Dinsmore & Shohl LLP | January 2022

Summary The 2022 proxy season will continue to be affected by the aftershocks of the COVID-19 pandemic, and will be predominantly shaped by the landmark events of the 2021 proxy season, where ESG matters moved from unconventional to mainstream, and women held a historic amount of board seats of the Russell 3000 companies ...

Dinsmore & Shohl LLP | January 2022

Background VAS Holdings & Investments LLC v. Commissioner of Revenue, No. SJC-13139, currently on appeal before the Massachusetts Supreme Judicial Court, seeks to answer whether a state can tax a nondomiciliary on 100%—or any—of its capital gain derived from the sale of its interest in a subsidiary solely because the subsidiary did business in that state ...

Dinsmore & Shohl LLP | January 2022

On Jan. 13, 2022, the Supreme Court of the United States lifted the injunction on the Centers for Medicare and Medicaid (CMS) vaccine mandate (Mandate).[1] Previously, injunctions were imposed by district courts in Missouri and Louisiana, and affirmed on appeal by the Eighth and Fifth Circuits, respectively, thereby prohibiting enforcement of the Mandate in 24 states ...

Dinsmore & Shohl LLP | January 2022

On Jan. 13, 2022, the United States Supreme Court issued an order blocking enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) requiring (among other things) employers of 100 or more employees to require employees to be vaccinated against COVID-19 or ensure unvaccinated employees are tested for COVID-19 weekly ...

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