Authored Articles

With developments over the recent years that include a number of high profile data breaches (e.g., Snowden and Target), the National Institute of Standards and Technology release of its recommendations titled the "Framework for Improving Critical Infrastructure Cybersecurity," and the enhanced regulatory exam focus on identifying an institution’s preparation and protections related to cyber risks, institutions and boards that fail to focus and create plans to deal with cyber risks do so at their own peril.

Life as a mutual thrift is a good news/bad news proposition. The "good news" is that you’re not constantly facing shareholder pressures for performance and returns because you don’t have shareholders to worry about. The "bad news" is that your only current direct option for raising capital, when needed or desired, is severely restricted to the long-term mechanism of accumulating retained earnings.

While the "big" banks and bank holding companies have been issuing preferred stock to raise capital for years, we have recently seen increased interest from community banks and bank holding companies in issuing convertible preferred stock to raise capital. In the past 12 to 18 months, there have been a number of convertible preferred stock offerings, including both registered offerings and private placements, by community bank and thrift holding companies.

On February 24, 2014, the Federal Reserve provided better insight into issues that may delay or prevent its approval of applications and notices relating to transactions, including mergers and branch or line of business expansions. The Federal Reserve’s supervisory letter also announced that it would begin publishing a semi-annual report in the second half of 2014 to enhance transparency in the bank applications and notice process.

J.B. Lind, an associate in the Vorys Cincinnati office and a member of the litigation group, authored an article for the September issue of the Cincinnati Bar Association’s CBA Report titled “CALL Class XVIII: Youth Court.”

Tanya Curcio, an associate in the Vorys Washington D.C. office and a member of the intellectual property, media and entertainment group, authored an article for PR Daily titled “5 Things to Consider When Naming a Brand.”

Kevin Gormly, a partner in the Pittsburgh office, and Abbi Marusic, an associate in the Pittsburgh office, provided the Pennsylvania Oil and Gas Update in the Rocky Mountain Mineral Law Foundation Mineral Law Newsletter, Vol. 31, No. 3. The article covered the Commonwealth Court's decision on Act 13 issues, the forced pooling provision of oil and gas conservation law, and the Pennsylvanaia Superior Court's decision on "Title Washing."

Nelson Cary, a partner in the Vorys Columbus office and a member of the labor and employment group, authored an article for Law360 titled “New Limits On Employers During Union Organizing Efforts.”

Whitney Gibson, a partner in the Vorys Cincinnati office and the leader of the firm’s internet defamation group, authored an article for Social Media Explorer titled “How to Respond to Online Brand and Reputation Attacks.”

Nelson Cary authored an article for Ohio Matters about the ongoing debate regarding “savings clauses,” or a disclaimers, stating that employees should not interpret any of an employer’s rules in a way that would deny rights under the National Labor Relations Act.

Whitney Gibson, a partner in the Vorys Cincinnati office and the leader of the firm’s internet defamation group, authored an article for PR Daily titled “What Marketers Should Know About the FTC's Pinterest Contest Rules.”

Margaret Everett, of counsel in the Vorys Cleveland office, authored an article for Crain’s Cleveland Business. In the article, Everett states that an estimated 200,000 Ohio employers might be eligible for premium refunds from the Ohio Bureau of Workers’ Compensation (BWC) following a settlement in litigation between state-funded employers and the BWC.

Heather Lutz, an associate in the Vorys Cleveland office and a member of the litigation group, authored an article for Crain’s Cleveland Business. In the article, Lutz describes the common types of the licenses that protect open source software code.

Whitney Gibson and Jordan Cohen, attorneys in the firm’s internet defamation group, authored a column entitled “How A Hotel's Anti-Negative Review Policy Backfired,” which appeared in the August 6, 2014 edition of Hospitality Law360.

Jolie Havens, a partner in the Vorys Columbus office and chair of the firm’s health care group, authored an article for Columbus C.E.O. titled “Employers Should Move Ahead Despite ACA Questions.”

Carey Jordan and Iona Kaiser, partners in the Houston office and members of the intellectual property group, co-authored an article for Nanotechnology Law & Business titled "2013 Nanotechnology Patent Literature Review: Graphitic Carbon-Based Nanotechnology and Energy Applications Are on the Rise."

Several Vorys attorneys authored an article titled “Mental Health Parity and Addiction Equity Act Parity Analysis is Fine Tuned” for National Bar Association's Health Law Section July 2014 Newsletter.

Jackie Ford, a partner in the Vorys Houston and Columbus offices, authored an article for Texas Lawyer titled “NLRB, Fifth Circuit Sacrifice Employee Privacy for Speculation.” The article was about the U.S. Court of Appeals for the Fifth Circuit's decision to uphold the National Labor Relations Board finding in Flex Frac Logistics v. NLRB.

Whitney Gibson, a partner in the Vorys Cincinnati office and the leader of the firm’s internet defamation practice, authored an article for HOTELS Magazine titled “How to Protect Against False Online Reviews.” In the article, Gibson outlines the importance of having a positive online reputation in the hotel industry.

Herb Hedden and Judy Marsh, both partners in the firm’s Columbus office, authored a chapter for Mergers and Acquisitions of Franchise Companies (Second Edition, 2014, American Bar Association). Hedden and Marsh’s chapter is titled “Real Estate Matters in Acquisitions and Mergers.”