Insights

June

• 6/29/2018
  Labor and Employment Alert: Department of Labor Issues Guidance on Overtime Exemptions in Colleges and Universities
  Earlier this year, the U.S. Department of Labor (DOL) issued “Fact Sheet #17S” on the applicability of the Fair Labor Standards Act’s (FLSA) minimum wage and overtime exemptions for jobs in colleges and universities.
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• 6/28/2018
  Labor and Employment Alert: Maine Supreme Court Refuses to Order Employer to Pay for Injured Worker’s Medical Marijuana
  In 2009, Maine enacted the Maine Medical Use of Marijuana Act (MMUMA), permitting qualifying patients to use medical marijuana.
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• 6/27/2018
  Client Alert: Seven Interesting Things to Know About the City of Columbus' Proposed Incentives Policy
  Earlier this year, the City of Columbus announced it would be implementing a new incentives policy impacting residential post-1994 Community Reinvestment Areas (CRAs) in the city.
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• 6/27/2018
  Labor and Employment Alert: Supreme Court Decision Strikes Down Mandatory Agency Fee Payments to Public Sector Unions
  Today the U.S. Supreme Court issued a decision in the closely watched case of Janus v. AFSCME. In a landmark ruling, the Court held that public sector employees cannot be forced to pay mandatory fees to a public sector union if they are not a member of the union.
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• 6/26/2018
  Intellectual Property Alert: Patent Owners Can Obtain Damages for Lost Sales in Foreign Jurisdictions
  The U.S. Supreme Court reversed a Federal Circuit decision dealing with patent damages for lost sales in foreign jurisdictions. WesternGeco LLC v. Ion Geophysical Corp., 586 U.S. ____ (June 22, 2018), Case No. 16-1011 (Thomas J). The Court concluded that U.S. patent owners can get damages from overseas sales lost through infringement.
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• 6/26/2018
  Health Care Alert: FDA Approves First Drug Derived From Cannabis
  On June 25, 2018, the federal Food and Drug Administration (FDA) approved the first drug derived from the cannabis sativa plant, commonly known as marijuana.
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• 6/25/2018
  Labor and Employment Alert: Washington Prohibits Certain Nondisclosure, Waiver and Arbitration Agreements Relating to Discrimination Claims
  Under the Washington Law Against Discrimination (WLAD), discrimination on the basis of a protected status such as race, national origin, sex, veteran or military status, sexual orientation or disability is prohibited.
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• 6/22/2018
  Labor and Employment Alert: New Hampshire Prohibits Gender Identity Discrimination
  New Hampshire recently amended its laws against discrimination to prohibit discrimination based on gender identity.
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• 6/21/2018
  Labor and Employment Alert: Maryland Prohibits Arbitrating Sexual Harassment Claims
  Maryland recently enacted the “Disclosing Sexual Harassment in the Workplace Act,” which becomes effective on October 1, 2018.
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• 6/21/2018
  Client Alert: What Takes Priority – a TIF Exemption or Another Exemption? The Ohio Supreme Court Weighs In
  Two important aspects of every tax increment financing (TIF) project in Ohio are (i) determining whether the TIF exemption or another exemption should take priority when two exemptions apply to the same property, and (ii) taking the steps necessary to implement the preferred priority.
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• 6/20/2018
  Labor and Employment Alert: New NLRB Guidance Gives the Green Light on Common Sense Employee Work Rules
  In December, the National Labor Relations Board (NLRB) established a new standard for determining the lawfulness of facially neutral employee handbook policies that “may” restrict the exercise of an employee’s NLRA rights.
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• Spring 2018
  • Jeffery E. Smith
  Bank Directors and the Wells Fargo Order
  For those who follow such things, the press release, consent cease and desist order and official letters of reprimand published by the Federal Reserve Board on February 2, 2018, with respect to Wells Fargo & Company (Wells) and named directors (combined, the Wells Order) were highly unusual, and raise issues that should cause all bank directors significant pause.
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• Spring 2018
  • Jackie Ford
  Conducting Harassment Investigations with Outside Counsel
  Sexual harassment is illegal. It has been illegal for a long time — over 40 years, in fact. It is, in other words, not new.
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• Spring 2018
  • Jeffery E. Smith
  Acquisitions of Banks by Credit Unions
  While once virtually “unthinkable,” banks are now targeted for acquisition by credit unions with more and more frequency.
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• Spring 2018
  • Jeffrey A. Marks
  • Jeffrey W. Bieszczak
  Lender Risk Calculus Changes in Financing Leveraged Transactions
  Leveraged transactions, such as leveraged buyouts (LBO) and leveraged recapitalizations, carry the risk of being unwound in a later bankruptcy of the party that transferred assets (including granting liens) or incurred obligations in the transaction.
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• 6/18/2018
  • Victor J. Ferguson
  • John F. Furniss III
  • David A. Groenke
  • Emily S. Pan
  • Michael G. Schwartz
  • David A. Swift
  • Mark E. Vannatta
  • Suzanne R. Galyardt
  • Karen M. Moore
  The Perils of Relying Solely on Beneficiary Designations to Transfer Assets
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• 6/15/2018
  Labor and Employment Alert: EEOC Files Seven Sexual Harassment Lawsuits in One Week
  The U.S. Equal Employment Opportunity Commission (EEOC) has demonstrated its increased focus on sexual harassment through its filing of seven lawsuits across the nation in the past week.
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• June 2018
  • Jennifer Bibart Dunsizer
  Avoiding Traps in Termination and Common Separation Pitfalls
  Jennifer Dunsizer and Jay Kelly co-authored an article for the June 2018 edition of 3PLPerspectives.
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• 6/13/2018
  Labor and Employment Alert: FLSA Case Highlights the Importance of Wage-Hour Laws
  A newly filed collective action in Ohio federal court against an oil and gas company highlights the importance of wage-hour law compliance and the potential ramifications for failing to do so.
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• 6/5/2018
  Client Alert: USPTO Rejects Patent Applications with Incorrect Inventorship
  The Federal Circuit recently addressed the importance of correctly naming all inventors on a patent application.
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