Online reviews affect nearly every industry, and health care is certainly one of them. What differentiates health care, in this context, is the Health Insurance Portability and Accountability Act of 1996, or HIPAA.
Vorys Partners Lisa Babish Forbes and Emily Pan co-authored an article titled "Fixing Broken Trusts by Agreement - From the Trustee's Perspective," for the Probate Law Journal of Ohio (Volume 26, Issue 6).
A California appellate court recently affirmed a lower court’s decision to require Yelp to remove three defamatory reviews. The First Appellate District did, however, remand the case to the trial court to narrow the terms of the removal order, which ordered Yelp to also remove potential future reviews.
Mike Griffaton, of counsel in the Vorys Columbus office and a member of the labor and employment group, authored an article for Columbus CEO titled “Keeping Things Civil & Legal When Talking Politics at Work.”
Let’s say your company sells products on eBay.com. To monitor your products for sale, you frequently check eBay and notice that there are regularly many products being listed on the website for substantially less than your price.
Lisa Babish Forbes, a partner in the litigation group in the Vorys Cleveland office, authored an article for the June 2016 edition of the Cleveland Metropolitan Bar Journal titled “No Contest Clauses in Ohio.”
Minimum advertised price policies, or “MAP” policies, restrict the price at which products can be advertised. In other words, they set the lowest price at which a retailer is allowed to advertise a manufacturer’s products—including for internet sales—regardless of the price at which the products might actually be sold.
In working out of a troubled commercial credit, often the optimal exit strategy for the senior lender is a sale of the borrower’s business as a going concern. However, frequently it is not feasible for a distressed borrower simply to execute a sale of its assets directly to a buyer and pay the senior secured debt at closing.
It was not that long ago that the concern over preparing for, and dealing with, activist investors was rare in the banking industry, and especially rare for community banks. That comfort is quickly fading, however, as more funds and individuals contemplate opportunities for becoming “activist” investors in community banks through a variety of mechanisms, some for the better and some perhaps not so much.
Earlier this year, two federal appeals courts decided cases that are significant to lenders whose borrowers are experiencing financial distress. In one case, the court stripped the lender of its secured status because the lender had failed to investigate the borrower’s wrongdoing, despite having notice of suspicious facts.
As the longest awaited sequel in years, financial regulators have finally revealed their revised interagency proposal to restrict incentive-based compensation arrangements for executives at financial institutions. In 2010, the Dodd-Frank Act obligated six agencies, including the Federal Deposit Insurance Corporation, the Federal Reserve Board, the Officer of the Comptroller of the Currency, the Securities and Exchange Commission, the National Credit Union Administration and the Federal Housing Finance Agency, to establish rules prohibiting incentive-based compensation arrangements that would encourage inappropriate risk-taking.
After nearly a decade practically devoid of state or federal de novo charter activity nationwide, the FDIC has announced plans to return to its three-year post-approval oversight period for de novos that was in effect prior to the financial crisis.
In general, a person can sell another’s genuine trademarked goods, under the First Sale Doctrine. However, a failure to abide by or follow a company’s quality controls can give rise to trademark infringement.