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Dinsmore & Shohl LLP | December 2017

The Ohio General Assembly voted unanimously in 2015 to pass House Bill 207, which created a rating exception rule where a state-funded employer would not be adversely impacted by claims arising from motor vehicle accidents caused by third parties ...

Dinsmore & Shohl LLP | December 2017

As you likely know, Brexit negotiations are underway, with the UK scheduled to withdraw from the EU on March 29, 2019. As a result of the withdrawal, all EU laws will cease to apply to the UK as of March 30, 2019 unless additional agreements or transitional processes are put into place before the scheduled exit ...

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 ...

Dinsmore & Shohl LLP | December 2017

Originally filed in October 2014, the long-running and high-stakes battle between two powerhouse companies, Amgen and Sandoz, continues to lay out the ground rules for a growing biosimilar industry. The Federal Circuit’s first decision under the Biologics Price Competition and Innovation Act (BPCIA) involved Zarxio, Sandoz’s Neupogen biosimilar product. Amgen v. Sandoz, 794 F.3d 1347 (Fed Cir. 2015) ...

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 ...

Dinsmore & Shohl LLP | January 2018

With a new proxy season fast approaching, it’s time for public companies to do a deep download of key securities law updates and business developments of the past year so the company is positioned for success in 2018. Below is a review of the 2017 proxy season, along with a summary of new and anticipated changes that may impact reporting and disclosure requirements for the upcoming 2018 proxy season ...

Dinsmore & Shohl LLP | January 2018

Parents seeking to enroll their children in schools located in another county are required to comply with the statutory requirements of W. Va. Code 18-5-16(b) and WVDE Policy 7212. Step One: The parent must first obtain the consent of the sending county board and the receiving county board. The WVDE in the past has recommended parents make the requests to the sending and receiving counties at the same time. Step Two: The sending county must approve the request ...

Dinsmore & Shohl LLP | January 2018

As seen in the National Law Review: Attorney General Jeff Sessions has caused chaos in the marijuana industry and is forcing those who have made efforts to create legalized businesses in compliance with state laws to ponder whether their anticipated profits will go up in smoke. In a memo to all U.S. attorneys, Sessions rescinded Obama-era decrees that restrained prosecutors from enforcing federal drug laws in states that acted to legalize marijuana under their own laws ...

Dinsmore & Shohl LLP | January 2018

Why is April 2, 2018 Important? April 2, 2018 is the first day on which U.S. Citizenship and Immigration Services (USCIS) will accept H-1B specialty worker petitions for the next fiscal year beginning October 1, 2018 ...

Dinsmore & Shohl LLP | January 2018

Sen. Cornyn (R-TX), along with co-sponsors Sen. Feinstein (D-CA), Sen. Burr (R-NC), Sen. Peters (D-MI), Sen. Rubio (R-FL), and Sen. Klobuchar (D-MN), introduced the “Foreign Investment Risk Review Modernization Act of 2017” (FIRRMA) November 8, 2017. This proposed bill, and a companion bill of the same name introduced in the House of Representatives by Rep ...

Dinsmore & Shohl LLP | January 2018

On November 27, 2017, at the 34th International Conference on the Foreign Corrupt Practices Act (FCPA), Deputy Attorney General Rod Rosenstein announced a revised FCPA Corporate Enforcement Policy, which purports to lend certainty for companies grappling with the question of whether to voluntarily disclose violations. This new policy comes on the heels of the year and-a-half long FCPA Pilot Program ...

Dinsmore & Shohl LLP | January 2018

MoneyGram International Inc. (MGI) and Ant Financial, a subsidiary of Alibaba Group Holding Ltd. (BABA), announced last week the Committee on Foreign Investment in the United States (CFIUS or the Committee) failed to approve their proposed merger. CFIUS is an inter-executive agency committee which reviews, and has the authority to reject, certain transactions that may affect the national security of the United States ...

Dinsmore & Shohl LLP | January 2018

The 2017 tax reform act referred to as the Tax Cuts and Jobs Act (Act) was signed into law Dec. 22, 2017. The law affects executive compensation and employee benefits in several ways. This alert provides a brief overview of some of the changes. Executive Compensation New private company deferral opportunity for qualified stock awards. The Act contains new Internal Revenue Code Section 83(i), which provides a deferral opportunity for non-executive employees of privately held companies ...

Dinsmore & Shohl LLP | January 2018

Personnel Season is fast approaching for county boards of education. Personnel offices are busy ensuring proper notices are sent to impacted employees, employees are afforded hearings before a reduction or transfer is acted upon by the board, and board of education agendas are legally compliant. At the same time, personnel offices are receiving early notice of year-end retirements from classroom teachers. W. V a ...

Dinsmore & Shohl LLP | January 2018

After Atlanta-based developer, Carter USA, pulled out as the master developer of the Banks Project along Cincinnati’s riverfront, the project effectively stalled.  However, the Joint Banks Steering Committee (JBSC), charged with offering recommendations with respect to this project, reconvened January 23, 2018 to take two actions ...

Dinsmore & Shohl LLP | January 2018

The State Medical Board of Ohio recently proposed amendments to the existing regulations governing light-based medical devices (lasers), which will significantly impact the provision of laser services in Ohio.  While the proposal adds a new category to existing delegation authority, it also imposes new regulatory requirements to existing delegation authority which will impact Ohio physicians providing laser services ...

Dinsmore & Shohl LLP | February 2018

Fresenius Medical Care North America (FMCNA), a provider of products and services for people with chronic kidney failure, has agreed to pay $3.5 million to the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and adopt a comprehensive corrective action plan to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules ...

Dinsmore & Shohl LLP | February 2018

As technology has advanced, cyber extortion attacks have risen, and they will continue to be a major security issue for organizations. Cyber extortion can take many forms, but it typically involves cybercriminals demanding money to stop or delay their malicious activities, which include stealing sensitive data or disrupting computer services. Health care and public health sector organizations that maintain sensitive data are often targets for cyber extortion attacks ...

Dinsmore & Shohl LLP | February 2018

As seen in Property Casualty 360: 1.  Policies & procedures   The methods employees utilize to steal from their employers are fairly common. Some examples include falsifying expenses, inflating expenses, double billing expenses, misusing petty cash accounts, using the company credit card for personal expenses, routing money to fictitious vendors, fabricating invoices, and putting friends and family on the payroll ...

Dinsmore & Shohl LLP | February 2018

Municipal Advisor Exam Results On November 7, the SEC’s National Examination Program issued a Risk Alert providing the SEC staff’s observations after conducting over 110 examinations of municipal advisors during the Municipal Advisor Examination Initiative ...

Dinsmore & Shohl LLP | February 2018

On February 7, 2018 the SEC Office of Compliance Inspections and Examinations (OCIE) issued the 2018 National Exam Program Examination Priorities. In introducing the examination priorities for 2018, OCIE describes the four pillars upon which the work of OCIE is based: promoting compliance; preventing fraud; identifying and monitoring risk; and informing policy. OCIE includes in the examination priorities factual data relating to the increase in examinations of investment advisers ...

Dinsmore & Shohl LLP | February 2018

IN THIS ISSUE: SEC Releases Update to 2018 Agenda of Regulatory Priorities The SEC Enforcement Division’s Initiatives Regarding Retail Investor Protection and Cybersecurity ENFORCEMENT ACTIONS: F-Squared Investment, Inc ...

Dinsmore & Shohl LLP | February 2018

On December 22, 2017, the president signed into law the Tax Cuts and Jobs Act (the Act).  Effective Jan. 1, 2018, the Act represents the first major overhaul of the Internal Revenue Code in over 30 years ...

Dinsmore & Shohl LLP | February 2018

As the new year started, two Department of Justice memoranda began circulating that may bring a change in the way the United States focuses its efforts in the FCA arena.  The first, entitled, “Factors for Evaluating Dismissal Pursuant to 31 U.S.C ...

Dinsmore & Shohl LLP | February 2018

READ: SEC Enforcement Division Announcement On February 12, 2018, the SEC Division of Enforcement announced the Share Class Selection Disclosure Initiative self-reporting initiative (the SCSD Initiative) ...

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