Insights

November

• 11/14/2019
  • Daren S. Garcia
  Garcia Co-Authors “The Amazon Playbook for Consumer Electronics Brands”
  Vorys Partner Daren Garcia co-authored “The Amazon Playbook for Consumer Electronics Brands” for the eCommerce performance analytics platform Profitero.
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• 11/13/2019
  Federal Tax Bulletin: Key Timing Issues for Qualified Opportunity Fund Investments
  Time is running out to clearly maximize the tax benefits available under the qualified opportunity zone (QOZ) program. 
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• 11/11/2019
  Whistleblower Defense Alert: Government Uses § 3730 Dismissal Power To Dismiss Seven Year Old FCA Case
  The United States District Court for the Eastern District of Pennsylvania recently endorsed a significant expansion to the Government’s ability to dismiss a qui tam relator’s False Claims Act (FCA) case.
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• 11/8/2019
  Benefits Alert: New California State Law Imposes Notification Requirements That May Affect Your FSAs
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• 11/6/2019
  Client Alert: USDA To Begin Reviewing State Hemp Plans and Producer License Applications
  On October 31, 2019, the U.S. Department of Agriculture (USDA) published in the Federal Register an interim final rule which – as required by last December’s Agricultural Improvement Act of 2018 (popularly known as the “2018 Farm Bill”)
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• 11/6/2019
  Labor and Employment Alert: New Proposed Electronic Disclosure Rule Would Permit Information to be Posted on a Website … But Only for Retirement Plans
  On October 23, 2019, the U.S. Department of Labor (DOL) published proposed regulations on a new safe harbor for electronic disclosures for retirement plans governed by ERISA.
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• 11/5/2019
  • Nicholas M.J. Ray
  • Karen H. Bauernschmidt
  • Kenneth R. West
  • David M. Aldous
  • Lauren M. Johnson
  • Andrew E. DeBord
  • Lindsay Doss Spillman
  • Hilary J. Houston
  • Steven L. Smiseck
  • Megan Savage Knox
  • Anthony L. Ehler
  • David A. Froling
  • Scott J. Ziance
  • Steven R. Rech
  Valuation Analyses
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October

• 10/29/2019
  State and Local Tax Alert:  Sales Tax on Data and Communication Cabling Just Changed. Does It Impact You?
  The Ohio Board of Tax Appeals (BTA) recently issued a decision that reverses 20 years of case precedent regarding the classification of voice and internet cable installed into commercial buildings. 
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• 10/24/2019
  Benefits Alert: The Uncertain Status of Prescription Drug Copay Accumulator Programs
  Now that PBMs are able to track copay coupons using copay accumulator programs, additional guidance is needed from the IRS to determine whether plan sponsors are required to implement copay accumulator programs for HSA-compatible HDHPs. 
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• 10/23/2019
  Client Alert: Jury Clears 5-Hour Energy of Liability for Antitrust Violations, But the Damage Is Done
  On October 21, 2019, a jury found that the maker of 5-Hour Energy – Living Essentials LLC – did not violate the Robinson-Patman Act when it offered Costco lower wholesale prices and instant rebates that it didn’t make available to other resellers. 
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• 10/22/2019
  Labor and Employment Alert: Illinois’ Workplace Transparency Act Imposes New Training and Reporting Obligations on Employers (Part II)
  As we previously reported in Part I of this series, the Illinois Workplace Transparency Act (WTA) will significantly change the contours of employment, separation, and settlement agreements when it becomes effective on January 1, 2020.
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• 10/22/2019
  • Jeffrey S. Heller
  Managing Whistleblowers from an Employer’s Perspective
  Jeff Heller, of counsel in the Vorys Houston office and a member of the labor and employment group, authored an article for Texas Lawyer titled “Managing Whistleblowers from an Employer’s Perspective.” 
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• 10/21/2019
  Illinois’ Workplace Transparency Act Limits Certain Workplace Agreements (Part I)
  The new Illinois Workplace Transparency Act (WTA) significantly changes the contours of employment, separation, and settlement agreements in Illinois.
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• 10/17/2019
  Labor and Employment Alert: Connecticut Extends its Sexual Harassment Training Mandate
  Connecticut, along with California, Delaware, Illinois, Maine and New York, require workplace sexual harassment training.
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• 10/16/2019
  Client Alert: CCPA Amendments Update
  Last Friday, California Governor Gavin Newsom signed several last-minute amendments to the California Consumer Privacy Act (CCPA).
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• 10/14/2019
  Client Alert: Effective October 10, 2019 - The United States Bankruptcy Court for the Southern District of Ohio has Implemented Complex Chapter 11 Procedures
  On October 10, 2019, the United States Bankruptcy Court for the Southern District of Ohio (OHSB) entered General Order 30-2 implementing Complex Chapter 11 procedures.
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• 10/3/2019
  Labor and Employment Alert: New Jersey Bans Pre-Employment Salary Inquiries
  New Jersey recently joined a growing number of states and municipalities that have passed laws prohibiting employers from inquiring into a job applicant’s salary history.
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• 10/2/2019
  Labor and Employment Alert: Final Hardship Regulations Are Here – Get Ready to Amend Your Plans
  On September 23, 2019, the Treasury Department published final regulations affecting hardship distributions for 401(k) and other retirement plans.
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• 10/1/2019
  Oil and Gas Alert: U.S. EPA Proposes Amendments to NSPS Rules for the Oil and Natural Gas Industry
  On September 24, 2019, U.S. EPA proposed amendments to the 2012 and 2016 New Source Performance Standards for the Oil and Natural Gas Industry under 40 CFR (“2012 NSPS” and “2016 NSPS”, respectively).
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September

• 9/26/2019
  Labor and Employment Alert: Beware Potential Benefit Plan Impacts of the Final Overtime Regulations
  In our labor and employment alert on September 25, 2019, we outlined the final regulations narrowing the FLSA exemption and expanding the number of workers eligible for overtime.
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