Insights

May

• 5/14/2019
  Whistleblower Defense Alert: Supreme Court Extends Limitations Period in Non-Intervened FCA Cases
  As expected, the Supreme Court has just resolved a circuit split over the statute of limitations for non-intervened False Claims Act cases by maximizing the time a relator has to file a complaint.  The decision in Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18-315 (May 13, 2019) will greatly expand a defendant’s time frame for potential FCA liability and lead to more cases involving faded recollections, costly document recovery, and potential damages for decades-old alleged fraud.
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• 5/3/2019
  Health Care Alert: HHS Exercises Enforcement Discretion to Reduce Maximum Annual Penalties for HIPAA Breaches
  On April 30, 2019, the U.S. Department of Health and Human Services (HHS) published a notification of enforcement discretion in the Federal Register revising the maximum annual penalty amounts for breaches under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
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• 5/3/2019
  What To Expect From New EEOC Pay Data Demands
  Jeff Heller, of counsel in the Vorys Houston office and a member of the labor and employment group, authored an article for Employment Law360 titled "What To Expect From New EEOC Pay Data Demands." 
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• 5/2/2019
  Labor and Employment Alert: Employers to Have Until September 30 to Submit Pay Data to the EEOC
  On April 25, 2019, the United States District Court for the District of Columbia accepted a proposal from the EEOC that will require employers who are covered by the EEO-1 reporting requirements to submit supplemental data on employees’ pay segmented by sex, race, and ethnicity by September 30.
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April

• 4/26/2019
  Labor and Employment Alert: Federal Garnishments of Retirement Benefits
  In 1990, Congress enacted the Federal Debt Collection and Procedures Act.  One feature of that law allows a federal court to issue a “writ of continuing garnishment” to access a convicted participant’s retirement plan benefits to satisfy a restitution order entered as part of the participant’s criminal sentencing. 
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• 4/22/2019
  Labor and Employment Alert: Five Frequent Issues With HR-Related Internal Investigations
  HR professionals know that conducting timely and effective internal investigations is vital in order for the company to make better decisions when facing contentious allegations.
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• Spring 2019
  Q&A: Dean Monske, President and CEO, Regional Growth Partnership
  Dean Monske is the latest participant in our Q&A series with prominent economic developers across the country.
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• Spring 2019
  • Jay A. Surabian
  Qualified Opportunity Zone Investors Should Consider Emerging State Incentive Programs
  Investors considering an investment intended to benefit from the federal Qualified Opportunity Zone (QOZ) program should also explore the availability of similar state programs.
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• Spring 2019
  • Kelly B. Bissinger
  • Jen House
  • Christopher J. Knezevic
  • Joseph B. Mann
  • Jacinto A. Núñez
  • Elizabeth T. Smith
  • J. Theodore Smith
  • Jonathan K. Stock
  • Jill S. Tangeman
  • Scott J. Ziance
  Vorys Hosts 2019 Economic Development Incentives Conference
  Through Vorys’ fourth annual Economic Development Incentives Conference – hosted in February – we welcomed more than 270 guests from three countries and seven states.
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• 4/22/2019
  Health Care Alert: Conviction of Texas Doctors, Surgeons and Health Care Executives Raises Important New Fraud and Abuse Considerations for Providers
  On April 9, 2019, federal jurors in the Northern District of Texas returned a guilty verdict against seven doctors, surgeons, and health care executives accused of participating in a $200 million bribery and kickback scheme at Forest Park Medical Center (FPMC), a physician-owned hospital in Dallas.
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• 4/22/2019
  Client Alert: USEPA Issues Interpretive Statement on NPDES Applicability to Releases of Pollutants from a Point Source to Groundwater
  On April 12, 2019, the U.S. Environmental Protection Agency (USEPA) issued an interpretative statement concluding that all releases of pollutants from a point source to groundwater are excluded from the National Pollutant Discharge Elimination System (NPDES) permit program pursuant to Sections 301 and 402 of the Clean Water Act (Act). USEPA’s interpretative statement clarified that such discharges are excluded from NPDES permit requirements even where pollutants are conveyed to jurisdictional surface waters via groundwater.
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• 4/19/2019
  Labor and Employment Alert: Cincinnati, Ohio, Prohibits Pre-Employment Salary Inquiries
  On March 13, 2019, the City of Cincinnati 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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• 4/18/2019
  Whistleblower Defense Alert: District Court Finds Bank Cannot Face FCA Liability Without Evidence of Explicit Claims to Fannie Mae and Freddie Mac
  Last month, the United States District Court for the Northern District of Illinois confronted a bank’s potential liability for false information obtained (and even allegedly encouraged) by bank employees in the processing of consumer loans.
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• 4/18/2019
  Oil and Gas Alert: Presidential Energy Related Executive Orders Issued
  President Trump issued two Executive Orders (EO) on April 10, 2019 to expedite permitting and construction of primarily energy-related infrastructure projects.
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• 4/16/2019
  • 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
  • Bailey R. Drexler
  Silent Trusts: Informing Beneficiaries of Wealth Access at the Appropriate Time
  Generally, a trustee is required to provide certain information and accountings to the beneficiary of an irrevocable trust.
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• 4/16/2019
  • Jackie Ford
  America’s Opioid Crisis: What Employers and Their Counsel Need to Know
  Jackie Ford, a partner in the Vorys Houston office and a member of the labor and employment group, authored an article for Corporate Counsel titled "America’s Opioid Crisis: What Employers and Their Counsel Need to Know."
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• 4/15/2019
  Client Alert: Federal Circuit Reverses District Court and Finds Method of Treatment Claims Patent Eligible
  The United States Court of Appeals for the Federal Circuit recently revisited the question of patent eligible subject matter under 35 U.S.C. § 101.
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• 4/10/2019
  • Nicholas M.J. Ray
  • 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
  Time is Running Out to File Tax Appeals in More Than 20 States
  Taxpayers seeking to contest the values established by the local assessor have a short time-to contest their new valuation.
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• 4/10/2019
  • Nicholas M.J. Ray
  • 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
  Multistate Review of Property Tax Developments and Decisions
  Since the last edition of The Evaluator, there have been several notable legislative developments and decisions from courts and tax boards in jurisdictions across the country.
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• 4/8/2019
  Whistleblower Defense Alert: District Court Holds that DOJ Can Still Dismiss Qui Tam Cases After It Declines To Intervene—With No Justification Required for Dismissal
  In a recent decision, the United States District Court for the District of Minnesota held that the Department of Justice (DOJ) can still dismiss a qui tam filed under the False Claims Act even after it has declined to intervene in the case.
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