The Department of Labor’s Wage and Hour Division (WHD) recently released streamlined forms employers may use to coordinate leave under the Family and Medical Leave Act (FMLA) ...
In addition to its devastating effects on the global population, the COVID-19 pandemic has fundamentally altered operations in both the public and private sectors. Before elected officials could consider pandemic-related legislation aimed at assisting their constituents, state legislatures faced the difficult task of carrying out their legislative functions while ensuring the health and safety of members, staff, and the public ...
In FanDuel, Inc., v. Interactive Games LLC, No. 2019-1393 (Fed. Cir. July 29, 2020), the Court of Appeals for the Federal Circuit held that the Patent Trial and Appeal Board (Board) did not violate the Administrative Procedure Act (APA) by rejecting the prior-art combination on which it instituted inter parties review (IPR). The relevant patent claims related to a method of gambling on a mobile device ...
On July 14, 2020, Ohio Governor Mike DeWine signed Senate Bill 4 (SB 4) into law, which, among other things, authorizes municipalities and townships (but not counties) to temporarily divert a portion of tax increment financing (TIF) service payments to fund certain public safety and road and bridge maintenance expenses (the “Expanded Purposes”) through the end of fiscal year 2021 ...
The Ninth Circuit recently ruled against the government on jurisdictional grounds in the False Claims Act (FCA) qui tam case, United States v. United States ex rel. Thrower, No. 18-16408, 2020 U.S. App. LEXIS 24621 (9th Cir. Aug. 4, 2020), holding that a district court’s denial of a government motion to dismiss an FCA action is not immediately appealable under the collateral order doctrine and dismissing the government’s appeal ...
On August 26, the United States Circuit Court of Appeals for the Fourth Circuit held that a Virginia School Board’s restroom policy constituted sex-based discrimination in violation of the Equal Protection Clause, and transgender people constitute a quasi-suspect class, entitling them to greater constitutional protections. Moreover, the court also held that the restroom policy violated Title IX, because it discriminated on the basis of sex in a public school setting ...
On Aug. 28, 2020, the U.S. Department of Treasury and the Internal Revenue Service (IRS) issued Notice 2020-65 (the Notice). The Notice implements President Donald Trump’s Aug. 8, 2020 directive (the Directive) to defer withholding, deposit, and payment of the 6.2 percent employee share of Social Security tax and railroad retirement equivalent tax on certain wages and compensation paid to employees ...
Whistleblower complaints to the Occupational Safety and Health Administration (OSHA) have continued to rise during the COVID-19 pandemic. Between February 18, 2020, and May 31, 2020, a total of 4,101 whistleblower complaints were filed,[1] which represented a 30% increase in complaints over the same period last year ...
The International Trade Commission (ITC) sits in a nondescript office building about a block farther south of the National Mall than tourists usually care to venture. Patent owners come from around the country to this tree-lined street in Washington, D.C., to seek a powerful remedy to protect their patented products: an exclusion order. An exclusion order directs U.S. Customs and Border Protection to block infringing imports at the United States border ...
As COVID-19 continues to alter our daily lives, many of us have found comfort in barn time spent with our four-legged friends. With so many spring and summer events cancelled, we are eager to get back in the saddle and into the show ring. However, the legal implications facing horse show boards and competition venues are complex and ever-evolving ...
The Sixth Circuit Court of Appeals has limited the use of “special remedies” by the National Labor Relations Board (NLRB or Board) in a 3-0 decision issued on Sept. 4, 2020.[1] On April 4, 2019, the NLRB ordered the employer to remedy unfair labor practices committed during a union organizational drive.[2] As part of that decision, the Board refused to enforce a Gissel bargaining order that would have compelled the employer to recognize and bargain with the union ...
The Securities and Exchange Commission (SEC) recently adopted a new amendment that adds additional categories of persons eligible to meet the accredited investor definition, expanding the pool of capital available to the private capital markets. Background Under the Securities Act of 1933 (Act”), offerings for the sale of securities must be registered with the SEC ...
COVID-19 has sent many employers into a workforce management tailspin. Laws, regulations, and recommendations change daily, and as the pandemic continues to affect the workplace, the risk of legal complacency increases. The list below identifies the top 10 mistakes for employers to avoid during the COVID-19 pandemic. Mistake 1: Failing To Prepare and Update a COVID-19 Response Plan ...
The COVID-19 pandemic has presented unique issues in the workforce and to employers. Fortunately, the Bureau of Workers’ Compensation (BWC) has implemented policies and programs over the last several months intended to reduce employer hardships. Below are a few policies to note and verify have been applied to your business ...
On Sept. 11, 2020, the U.S. Department of Labor (DOL) announced revisions to the regulations implementing the Families First Coronavirus Response Act (FFCRA), following the New York federal court’s decision that invalidated some of the prior regulations as either inconsistent with the text of the FFCRA or insufficiently explained by the DOL in its original regulations ...
For the last several months, local and national economies have struggled due to the COVID-19 pandemic. To mitigate the downturn, the federal government reduced interest rates to near zero. This reduced rate has created a unique estate planning opportunity for individuals who hold assets they expect will appreciate, who wish to make lifetime gifts to their lineal descendants, and who wish to make such gifts without incurring annual or lifetime gift tax liability ...
On Sept. 14, 2020, Ohio Governor Mike DeWine signed into law a bill, which provides significant protections against tort claims arising from COVID-19 to all entities, including individuals, businesses, health care providers, property owners, government entities, churches, and schools. Amended Sub ...
A Florida district court recently dismissed without prejudice a False Claims Act (FCA) qui tam action, finding the action precluded by the first-to-file bar. See United States ex rel. Cho v. H.I.G. Capital, LLC, No. 8:17-cv-983-T-33AEP, 2020 U.S. Dist. LEXIS 155373 (M.D. Fla. Aug. 26, 2020) ...
In a major win for sellers of services and intangibles, the Ohio Supreme Court ruled on Sept. 29, 2020, that a taxpayer is entitled to Ohio Commercial Activity Tax (CAT) refunds stemming from its sale of contracts to an out-of-state buyer ...
As seen in Bank Director From lobby closures to Paycheck Protection Program loans, the COVID-19 pandemic has thrown a lot at banks and other financial services providers during this pandemic. One more item to add to the list is the Families First Coronavirus Response Act (FFCRA) ...
Ohio legislators recently introduced proposed H.B. 679, expanding telehealth services. As a result of the COVID-19 pandemic, telehealth has become more prevalent and necessary. Ohio lawmakers realize telehealth is only going to become more widespread in the future, as patient usage and acceptance continue to grow. If enacted, H.B ...
Since the 1960s, the United Stated Securities and Exchange Commission (SEC or Commission) has implemented several “Guides” for business disclosure by certain SEC registrants involved in banking, oil and gas, real estate, insurance, and mining activities ...
Effective Oct. 15, 2020[1], the Committee on Foreign Investment in the United States’ (CFIUS) mandatory filing requirement will shift from a critical technology[2], industry-specific focus to one focused on export controls. It will focus on whether the U.S. regulatory authorization would be required to export the target U.S. business’ critical technology to the foreign person party to the transaction, including certain parties in the foreign person’s ownership chain ...
On Oct. 8, 2020 the SEC issued a joint statement on additional Form CRS guidance regarding firms’ disciplinary history. The statement was released in tandem with several new FAQs, which help clarify firms’ disclosure obligations as they relate to disciplinary history. The update guidance comes in response to the SEC’s early review of firms’ Form CRS filings ...
On July 10, 2020, the Office of Compliance Inspections and Examinations (OCIE) released a Risk Alert highlighting the dangers of ransomware to SEC-registered entities, including investment advisers. The Risk Alert is a response to a marked uptick in both the prevalence and sophistication of ransomware attacks in recent months. Ransomware is a type of malware used by criminals to gain control of your or your firm’s confidential information and customer data ...
