Insights

October

• 10/1/2012
  Securities Alert: NYSE, NASDAQ Propose Rules Regarding Compensation Committee and Adviser Independence
  On September 25 and 26, 2012, respectively, New York Stock Exchange LLC (NYSE) and The NASDAQ Stock Market LLC (NASDAQ) proposed amendments to their listing standards to comply with the requirements of Section 10C of the Securities Exchange Act of 1934 (the Exchange Act), as set forth in Exchange Act Rule 10C-1, relating to the independence of compensation committees and compensation advisers.
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• 10/1/2012
  Identifying and Nailing the Online Defamer
  Whitney Gibson, an attorney in the Vorys Cincinnati office, and Christopher Anderson, Ph.D., co-founder of Cyber Investigation Services, LLC, authored a column for PR News with tips to help public relations professionals identify an individual who is seeking to hurt a business online.
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September

• September 2012
  • Sheila Nolan Gartland
  When Gushers Go Dry: The Essentials of Oil & Gas Bankruptcy
  Vorys partners Sheila Nolan Gartland and Reginald Jackson served as editors for the American Bankruptcy Institute’s When Gushers Go Dry: The Essentials of Oil & Gas Bankruptcy.
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• 9/17/2012
  • Jeffrey A. Marks
  Case Study: Onkyo Electronics V. Global Technovations
  Jeffrey Marks, a partner in the Vorys Cincinnati office, authored a column about the decision from U.S. Court of Appeals for the Sixth Circuit in Onkyo Electronics V. Global Technovations for Law360.
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• 9/13/2012
  Intellectual Property Alert: Will Fashion Designs Finally be Clothed in "Copyright" Protection?
  After many attempts, it appears that clothing designs may finally gain protection in the United States. On Monday, September 10th, Senator Charles Schumer re-introduced a new version of what is now called the Innovative Design Protection Act (IDPA) to provide quasi-copyright protection to “fashion designs.”
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• 9/5/2012
  Labor and Employment Alert: Guidance on Full-Time Employee Status and Other Employee Benefits News
  The most significant changes under the Patient Protection and Affordable Care Act (ACA) are scheduled to go into effect in 2014. One of those changes is the imposition of shared responsibility penalties on large employers that fail to offer health coverage to all of their full-time employees (or offer health coverage to full-time employees that is deemed to be unaffordable or inadequate).
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• 9/4/2012
  • Anthony D. Weis
  SEC Deregistration
  Anthony D. Weis, a partner in the Columbus office, published this article in the Summer 2012 edition of The Bankers' Statement regarding the JOBS Act and what it means for financial institutions.
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• 9/4/2012
  • Kimberly J. Schaefer
  Vital Relationships
  Kimberly J. Schaefer, a partner in the Cincinnati office, published this article in Summer 2012 edition of The Bankers' Statement," regarding financial institutions' use of vendors.
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• 9/4/2012
  • J. Bret Treier
  FDIC Warning
  J. Bret Treier, a partner in the Akron office, published this article in the Summer 2012 edition of The Bankers' Statement regarding copying and removing financial institution and supervisory records from an institution.
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• 9/1/2012
  • Carey C. Jordan
  • Iona N. Kaiser
  Nanotechnology Patent Survey: Who Will be the Leaders in the Fifth Technology Revolution?
  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 "Nanotechnology Patent Survey: Who Will be the Leaders in the Fifth Technology Revolution?"
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August

• 8/27/2012
  Client Alert: The SEC’s Final “Conflict Mineral” Rule Has Been Adopted and Will Impact Companies Whose Products Contain Tin, Tantalum, Tungsten and Gold
  On August 22, 2012, the U.S. Securities and Exchange Commission (the SEC) adopted its final rule requiring public disclosure by certain companies that file reports with the SEC and whose products contain tin, tantalum, tungsten or gold (conflict minerals).
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• 8/23/2012
  Measuring Damages In FCA Fraudulent Inducement Cases
  Victor Walton and Joseph Harper, attorneys in the Vorys Cincinnati office, authored a column for Law360 about theories that have been used for calculating damages in False Claims Act (FCA) fraudulent inducement cases.
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• 8/14/2012
  Client Alert: New Pilot Program By U.S. Trademark Office: Could Affect All Registrants
  The U.S. Patent and Trademark Office has instituted a pilot program in which it will be pulling some post-registration Declarations of Use and requesting proof of use for additional items listed in the goods/services description, instead of only one in a class, as is the custom now.
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• 2012-2013
  • James A. Carr II
  A Practitioner’s Guide to the Ohio Marketable Title Act
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• August 2012
  • Jackie Ford
  Beyond Criminal Checks: Online Background Searches
  Jackie Ford, a partner in the Vorys Columbus and Houston offices, authored an article for the National Association of Independent Schools Advocate. In the article, Ford discuss two electronic challenges commonly faced by independent schools: the use of electronic background checks for employees and the policing student misconduct online.
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July

• 7/25/2012
  Labor and Employment Alert: Ohio Industrial Commission Issues Policy Changing Hearing Continuance Process
  On Tuesday, July 10, 2012, the chairman of the Ohio Industrial Commission issued a notice of changes being implemented in the policy regarding hearing continuances and hearing procedures via the publication of a temporary IC Resolution, effective from July 11, 2012 through September 8, 2012.
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June

• 6/26/2012
  Securities Alert: New SEC Rule and Disclosure Requirements Adopted Governing Compensation Committees
  On June 20, 2012, the Securities and Exchange Commission (SEC) adopted a new final rule and amendments to current proxy disclosure rules regarding compensation committees. The new rule implements compensation committee listing requirements.
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• 2012
  • Jessica Knopp Cunning
  The Unconstitutionality of Ohio’s House Bill 125: The Heartbeat Bill as Analyzed Under the First Amendment of the United States Constitution
  Jessica Knopp, an associate in the Vorys Akron office and a member of the litigation group, authored an article for the Akron Law Journal titled “The Unconstitutionality of Ohio’s House Bill 125: The Heartbeat Bill as Analyzed Under the First Amendment of the United States Constitution.”
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• 6/19/2012
  Oil and Gas Alert: Ohio Oil and Gas Regulation Legislation Revisions to Revised Code 1509
  On June 11, 2012, Governor Kasich signed into law Substitute SB 315 (SB 315), modifying the Ohio regulatory structure for oil and gas operations contained in Revised Code 1509.
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• 6/19/2012
  Client Alert: Changes to Real Property Valuation Law Present Opportunities for Property Owners
  On June 11, 2012, Governor Kasich signed into law Am. Sub H.B. 487 (H.B. 487). That legislation includes changes to R.C. 5713.03, the section of the Revised Code that pertains to the valuation of real property in Ohio.
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