Client Alerts

December

• 12/18/2018
  Labor and Employment Alert: District Court Holds ACA Unconstitutional – But That’s Not The Final Word On The Issue
  On December 14, 2018, a District Court in Texas held that the Affordable Care Act (ACA) is unconstitutional.  Texas v. United States, No. 4:18-cv-00167 (N.D. Tex. 12/14/2018).   While the case makes its way through the appeal process, group health plan sponsors should continue to comply with the ACA.
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• 12/14/2018
  Oil and Gas Alert: Supreme Court of Ohio Clarifies Ohio Marketable Title Act
  On December 13, 2018, the Supreme Court of Ohio clarified the preservation of interests under the Ohio Marketable Title Act (OMTA).
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• 12/11/2018
  State and Local Tax Alert: When 'Pi in the Sky' is Too Good to be True: Ohio Sales Tax and Aircraft Leasing
  The Ohio Supreme Court issued a second sales tax decision involving the sale-for-resale exemption in as many weeks.
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• 12/4/2018
  Client Alert: New IRS Proposed Regulations Under Section 956 Substantially Reduce ‘Deemed Dividend’ Concerns With Respect To The Use Of Foreign Credit Support For US Corporate Financings
  On October 31, 2018, the Internal Revenue Service and the Department of the Treasury released proposed regulations under Section 956 of the Internal Revenue Code (Proposed Regulations) that, for certain U.S. corporate shareholders, generally undo the “deemed dividend” rules that have applied to foreign corporate subsidiaries for decades.
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• 12/4/2018
  Intellectual Property Alert: Federal Circuit Finds Computer Security Innovation to be Patent-Eligible
  The U.S. Court of Appeals for the Federal Circuit has once again held that a software innovation is eligible for patenting as a claimed improvement in computer functionality.
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• 12/3/2018
  Labor and Employment Alert: Deadline to Distribute 2018 Form 1095-Cs to Employees Extended
  On November 29, 2018, the IRS announced a 32-day extension of the deadline to distribute 2018 Form 1095-Cs to employees.
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November

• 11/30/2018
  Client Alert: Pennsylvania Supreme Court Requires Employers to Protect Employee Information from Computer Hacks
  On November 21, 2018, the Pennsylvania Supreme Court issued a far-reaching decision that “an employer has a legal duty to exercise reasonable care to safeguard its employees’ sensitive personal information stored by the employer on an internet-accessible computer system.”
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• 11/26/2018
  State and Local Tax Alert: Ohio Supreme Court Clarifies Sales Tax Law on Business Purchase of Promotional Items
  This holiday season, Ohio based professional sports teams have at least one tax reason for which they can give thanks. On the day before Thanksgiving, the Ohio Supreme Court announced its decision in Cincinnati Reds, LLC v. Testa (November 21, 2018), Slip Op. 2018 Ohio 4669.
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• 11/21/2018
  Securities Alert: ISS Issues 2019 Proxy Voting Guidelines Updates
  On November 19, 2018, Institutional Shareholder Services Inc. (ISS) released updates to its proxy voting guidelines for 2019 (2019 Updates).
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• 11/20/2018
  Client Alert: Ohio Law Cements a Link for Blockchain Technology
  Earlier this month, Ohio legislation became effective that removes doubt as to the enforceability of electronic signatures, records, and contracts that are secured through blockchain technology. The amendment makes Ohio one of only a few states to expressly identify blockchain technology in its laws – positioning Ohio as a blockchain-friendly state for a technology, around which both regulatory and business uncertainty loom due to its infancy and breadth of potential applications.
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• 11/20/2018
  Client Alert: Austin, Texas, Paid Sick Leave Law Ruled Unconstitutional
  A Texas Court of Appeals recently ruled that the City of Austin’s paid sick leave law is unconstitutional under Texas law.
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• 11/13/2018
  Labor and Employment Alert: Treasury Department Releases Proposed Regulations Addressing Awaited Guidance On Hardship Distributions
  New hardship distribution regulations have been proposed for 401(k) and 403(b) retirement plans. Clients will need to make decisions about what changes they want to adopt and when.
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• 11/12/2018
  Client Alert: Seven Things to Consider Regarding “Sunshine Laws”
  Considering a headquarters relocation or the construction of a new facility? As you navigate seeking incentives for your projects, it is important to keep in mind that many of the public entities that you will be negotiating with are subject to various “sunshine laws” that could lead to public disclosure of your project before you are ready to have the information become public.
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• 11/9/2018
  Labor and Employment Alert: Missouri Legalizes Medical Marijuana
  On November 6, 2018, Missouri’s Medical Marijuana and Veteran Healthcare Services Initiative was adopted as an amendment to the state’s constitution by 65% of the voters. Missouri now joins 32 other states and the District of Columbia in legalizing medical marijuana.
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• 11/8/2018
  Client Alert: GREEN WAVE: Michigan Becomes the First Midwestern State to Legalize Recreational Marijuana
  On November 6, 2018, Michigan became the first state in the Midwest to legalize recreational marijuana.
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• 11/7/2018
  Ohio Statehouse Update: Ohio Election Summary 2018
  This alert details results of the 2018 general election.
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• 11/7/2018
  Labor and Employment Alert: Michigan Legalizes Recreational Use of Marijuana
  Michigan becomes the most recent state to legalize the recreational use of marijuana with the passage of Proposal 18-1 on November 6, 2018.
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• 11/5/2018
  Health Care Alert: CMS Rules Expand Use of Telehealth And Remote Patient Monitoring Under Medicare
  The Centers for Medicare and Medicaid Services (CMS) recently published two rules designed to promote the use of telehealth and remote patient monitoring (RPM) under the Medicare program.
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• 11/5/2018
  Client Alert: Securities and Exchange Commission Imposes $1 Million Penalty on Voya Financial Advisors after Cybersecurity Intrusion
  Recently, the Securities and Exchange Commission (SEC) imposed a $1 million penalty against Voya Financial Advisors, Inc. (VFA).
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October

• 10/31/2018
  Client Alert: Canadian Privacy Commissioner Releases Data Breach Notification Guidance
  Canada’s new mandatory breach-notification requirements in the Personal Information Protection and Electronic Documents Act (PIPEDA) take effect on November 1, 2018.
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