Insights

January

• 1/21/2022
  Department of Labor Provides Guidance on Compensability of COVID-Related Health and Safety Measures
  After nearly two years of frustrating uncertainty regarding whether employers are required to pay employees for time spent undergoing COVID testing or health screenings, the United States’ Department of Labor (DOL) has finally provided some guidance.
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• 1/20/2022
  2022 Intellectual Property Primer: Supreme Court Preview
  Moving into 2022, the Supreme Court docket continues to add a number of high-profile intellectual property cases.
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• 1/20/2022
  New Law Targets California Distribution Centers That Use Quotas
  On January 1, 2022, AB 701 took effect in California.
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• 1/18/2022
  New Proposed Regulation for 1095B and 1095C Issued
  The IRS issued new proposed regulations (https://public-inspection.federalregister.gov/2021-25202.pdf) which will impact furnishing Forms 1095-B and 1095-C to covered individuals.
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• 1/13/2022
  Supreme Court Stays OSHA ETS – Allows CMS Mandate to Take Effect
  The Supreme Court finally brought clarity to the status of the separate COVID-19 Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health Administration (OSHA), which provided a vaccine-or-test requirement for employers with over 100 employees, and the rule issued by the Centers for Medicaid and Medicare Services (CMS), which mandated vaccination for employees of providers who receive Medicaid or Medicare funding.
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• 1/12/2022
  California Further Restricts Confidentiality and Non-Disparagement Clauses in Employment Agreements
  California employers take note: California’s “Silenced No More Act” went into effect on January 1, 2022.
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• 1/11/2022
  Federal Agencies Issue Guidance Requiring Coverage of Over-the-Counter COVID-19 Tests
  On January 10, 2022, the Departments of Labor, the Treasury and Health and Human Services (the Tri-Agencies) released new guidance that requires group health plans to cover certain authorized over-the-counter COVID-19 tests (OTC Tests) purchased on and after January 15, 2022 without cost sharing, prior authorization, or other medical management requirements.
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• 1/6/2022
  Proposed Regulations Issued Under New Federal Law Mandating Disclosure of Owners of Private Companies
  The federal Corporate Transparency Act (CTA) was adopted on January 1, 2021, and is anticipated to go into effect sometime in 2022.
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• 1/4/2022
  • J. Theodore Smith
  • Michelle M. Smith
  Liquidated Damages in Ohio Purchase and Sale Agreements
  Ted Smith, a partner in the Vorys Columbus Office, and Michelle Smith, an associate in the Vorys Cleveland office, co-authored an article titled “Liquidated Damages in Ohio Purchase and Sale Agreements” for The Practical Real Estate Lawyer.
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December

• 12/29/2021
  Expiration of OSHA’s Healthcare ETS and Update on CMS Mandate
  After a week of uncertainty, OSHA has finally addressed the status of its Healthcare ETS.
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• 12/28/2021
  2021 Year in Review: Intellectual Property Law and the Supreme Court
  2021 was a busy year for intellectual property practitioners.
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• 12/23/2021
  Federal Vaccine Mandates End-of-Year Roundup
  Keeping up with the status of the various federal vaccine mandates over the past few months has felt like riding a bumpy and exhausting rollercoaster. In the hope that what follows lessens your confusion as you prepare for the holidays, the Vorys COVID Task Force has prepared a roundup of the latest on each of the federal mandates, with guidance on what to monitor as we head into 2022. We recognize that this information is likely to change in the coming days, but for now here are where things stand.
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• Winter 2021
  • Scott J. Ziance
  • Marcus A. Hughes
  New Accounting Rules for Disclosing Government Incentives – Effective for Fiscal Periods after December 15, 2021
  Vorys is a law firm, not an accounting firm. Nevertheless, because the topic addressed herein is important and timely for our economic development incentives clients, we decided to publish this client alert.
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• Winter 2021
  • Ryan D. Elliott
  • Christopher J. Knezevic
  • David M. Edelstein
  Ohio Department of Development Issues Brownfield Remediation and Building Demolition Funding Guidelines – Local Governments Need to Act Fast
  On December 7, 2021, Governor DeWine issued Executive Order 2021-16D authorizing the Ohio Department of Development (ODOD) to adopt temporary rules for the Brownfield Remediation Fund (the “Brownfield Program”) and the Building Demolition and Site Revitalization Program (the “Demolition Program”).
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• Winter 2021
  Q&A: Childhood Holiday Memories
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• Winter 2021
  • Christopher J. Knezevic
  Infrastructure Investment and Jobs Act
  On November 15, 2021, President Biden signed into law a historic $1.2 trillion infrastructure bill known as the Infrastructure Investment and Jobs Act (“IIJA”).
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• 12/21/2021
  SEC Proposes Amendments to Rule 10b5-1 Trading Plans and Share Buyback Disclosure Rules
  On December 15, 2021, the Securities and Exchange Commission (the “Commission”) proposed amendments to the affirmative defense under Rule 10b5-1 and the Commission’s rules governing disclosure of share buybacks under Item 703 of Regulation S-K. The Commission also proposed new rules requiring disclosure of insider trading policies and practices and the creation of Form SR requiring accelerated disclosure relating to share buybacks. The proposed rules will be subject to a 45-day comment period following publication in the Federal Register.
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• 12/20/2021
  Ohio Senate Passes Significant Real Property Tax Reforms
  The Ohio Senate recently passed, by a 24-7 vote, Amended House Bill 126 (“HB 126”) that will significantly change the administration of Ohio’s real property tax system if it is also passed by the House and signed by the Governor. It is unusual for us to report on pending legislation, but given the significance of the changes and the fact that it is already impacting pending matters this unusual step is warranted.
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• 12/18/2021
  OSHA ETS Stay Lifted (For Now)
  The legal battle over the Occupational Safety and Health Administration’s emergency temporary standard on COVID-19 (the ETS) took another dramatic twist on Friday night. Mere days after the Sixth Circuit Court of Appeals declined to hear the matter en banc, a three judge panel dissolved the stay previously entered by the Fifth Circuit Court of Appeals.
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• 12/16/2021
  Sixth Circuit Declines to Hear ETS Challenge En Banc
  As previously reported, the Sixth Circuit Court of Appeals – the court selected to hear the consolidated challenges to the Occupational Safety and Health Administration’s emergency temporary standard on COVID-19 (the ETS) – needed to decide an important procedural matter before addressing the merits of the challenge to the ETS. On December 15, 2021, the Sixth Circuit decided that procedural matter, ruling that the case would be heard by a three-judge panel chosen at random rather than en banc by the entire Sixth Circuit.
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