Client Alerts

December

• 12/23/2016
  Client Alert: Online and Mobile Tracking Company Settles FTC Charges It Deceptively Tracked Consumers
  On December 20, 2016, the Federal Trade Commission (FTC) announced that Turn, Inc. (Turn) has agreed to settle charges that it deceived consumers by tracking them online and in mobile apps, even after consumers attempted to opt-out of such tracking.
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• 12/21/2016
  Labor and Employment Alert: New Ohio Law Will Preempt Local Wage-Hour Ordinances Aimed at Private Employers
  On December 7, 2016, amidst a whirlwind lame duck session, the Ohio General Assembly passed Senate Bill 331.
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• 12/20/2016
  Labor and Employment Alert: Ohio’s New Guns-In Trunks Law Limits Private Employers’ Rights to Control Their Property
  Ohio law regulates the licensing and carrying of concealed handguns.
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• 12/19/2016
  Whistleblower Defense Alert: The Supreme Court Rejects Mandatory Dismissal of Relator Claims For Seal Violations
  On December 6, 2016, the Supreme Court of the United States handed down their second unanimous interpretation of the contours of the False Claims Act (FCA) in the last six months.
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• 12/19/2016
  Client Alert: Ohio Senate Bill 232: Divorce Terminates Transfer-On-Death Deeds to Ex-Spouses Automatically and Inheritance Rights of the Pre-Gestated and Pre-Conceived are Limited
  Last week, Governor Kasich signed into law Senate Bill 232, which makes changes to Ohio’s statutes on intestacy, wills, and trusts.
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• 12/16/2016
  Labor and Employment Alert: 21st Century Cures Act
  On December 13, 2016, President Obama signed the 21st Century Cures Act (H.R. 34) into law. The 21st Century Cures Act contains two provisions that relate to group health coverage.
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• 12/15/2016
  Labor and Employment Alert: Los Angeles Continues the ‘Ban the Box’ Trend
  More than 100 cities and counties have adopted “ban the box” or “fair chance” laws prohibiting or restricting employers from asking about an applicant’s criminal history without first considering the applicant’s job qualifications.
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• 12/14/2016
  Health Care Alert: OCR Releases Guidance on HIPAA Compliance and Cloud Computing
  In October, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) released new guidance for covered entities and business associates that utilize cloud computing for data storage, software, or online access to shared resources and contract with cloud service providers (CSPs) for the service.
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• 12/14/2016
  Client Alert: Cheaters Never Win: Ashley Madison Settles FTC and State Data Security Charges for $1.65 Million
  Today, the FTC and 13 states announced a settlement with notorious website Ashely Madison related to its July 2015 data breach that exposed the personal information of more than 36 million users.
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• 12/8/2016
  Client Alert: Privacy Issues for Employers: NLRB Aggressively Pursuing Social Media Policies and Terminations
  For most of its existence, the National Labor Relations Board (NLRB) has focused on fairly traditional issues related to unionization and other efforts by employees to collectively address the terms and conditions of their employment.
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• 12/5/2016
  Labor and Employment Alert: New York City Enacts the Nation’s First Freelance Worker Protection Law
  In November 2016, New York City enacted its “Freelance Isn’t Free Act” to establish and enhance protections for freelance workers (in other words, independent contractors).
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• 12/2/2016
  Labor and Employment Alert: Pennsylvania Law Now Permits Payroll Debit Cards
  As we previously reported, in October 2016, the Pennsylvania Superior Court held that the mandatory payment of wages by payroll debit card does not satisfy the requirements of the state’s Wage Payment and Collection Law (WPCL).
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November

• 11/30/2016
  Labor and Employment Alert: 30 Extra Days to Distribute 2016 Form 1095-Cs to Employees
  On November 18, 2016, the IRS announced a 30-day extension of the deadline to distribute 2016 Form 1095-Cs to employees.
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• 11/23/2016
  Labor and Employment Alert: New DOL Overtime Rules Blocked!
  In a surprising decision, a federal judge in Texas blocked the U.S. Department of Labor’s new overtime rule from taking effect on December 1.
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• 11/21/2016
  Client Alert: Banks and Thrifts: Please do NOT Ignore the Latest Wave of Website Inaccessibility Demand Letters
  Several law firms nationally are in the process of issuing demand letters to banks, thrifts and various other businesses alleging website access barriers. The most recent wave of demand letters specifically target the banking industry. The letters demand changes to banks’ web pages and payment of substantial legal fees based on alleged violations of the Americans with Disabilities Act (the ADA).
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• 11/18/2016
  Labor and Employment Alert: Sometimes the Grass Really is Greener -- Recreational Marijuana Legalization Trend Continues
  Spanning the country and the political divide, Election Day 2016 witnessed eight of the nine marijuana-related ballot measures pass in various states.
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• 11/18/2016
  Client Alert: Micro-Captive Insurance Companies - New IRS Reporting Requirements
  On November 1, 2016, the Internal Revenue Service (IRS) issued Notice 2016-66. The Notice designates certain so-called “micro-captive” insurance company transactions as “transactions of interest” for purposes of Treas. Reg. Sec. 1.6011-4(b)(6), Code Sec. 6111, and Code Sec. 6112.
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• 11/18/2016
  Immigration Alert: New Form I-9
  This week, the U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9 for use by employers.
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• 11/16/2016
  Labor and Employment Alert: Red State, Blue State, Green State -- Medical Marijuana Legalization Trend Continues
  Spanning the country and the political divide, Election Day 2016 witnessed eight of the nine marijuana-related ballot measures pass in various states.
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• 11/14/2016
  Client Alert: Recent Changes to Federal Partnership Tax Rules Eliminate Usefulness of Bottom-Dollar Guarantees and Reduce Effectiveness of Debt-Financed Distributions to Avoid Disguised Sale Treatment
  How partnership liabilities (including liabilities of a limited liability company treated as a partnership for tax purposes) are allocated among its partners is important.
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