Insights

June

• 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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• 6/1/2018
  Labor and Employment Alert: South Carolina Enacts the Pregnancy Accommodations Act
  On May 17, 2018, South Carolina’s Pregnancy Accommodations Act became effective. The state enacted the law “to combat pregnancy discrimination, promote public health, and ensure full and equal participation for women in the labor force by requiring employers to provide reasonable accommodations to employees for medical needs arising from pregnancy, childbirth, or related medical conditions.”
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• 6/1/2018
  • Jackie Ford
  How to Prepare and Protect Your Office From an Active Shooter
  Jackie Ford, a partner in the Vorys Houston office and a member of the labor and employment group, authored an article for the Houston Business Journal titled “How to Prepare and Protect Your Office From an Active Shooter.”
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May

• 5/31/2018
  Labor and Employment Alert: California Court of Appeal Redefines Wage Statement Penalties
  California law requires that employees receive an itemized wage statement containing statutorily prescribed information. Wage statements that lack the required information or that are inaccurate subject the employer to penalties and potential liability under the state’s Private Attorney Generals Act.
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• May/June 2018
  • Karen M. Moore
  Follow The Money: Must Decedent Or Co-Maker Pay The Estate Debt? Or: Is there an Accommodation Party In The House?
  Karen Moore, of counsel in the Vorys Columbus office and a member of the probate and tax group, authored an article for Volume 28 of Ohio Probate Law Journal.
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• 5/23/2018
  Labor and Employment Alert: Michigan Civil Rights Commission Decides That State Law Prohibits Sexual Orientation Discrimination
  Michigan’s Elliott-Larson Civil Rights Act prohibits discrimination “because of sex” and applies to all employers who employ at least one person.
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• 5/21/2018
  Labor and Employment Alert: Supreme Court Upholds Arbitration Waivers Barring Class Actions
  In a split 5-4 decision, the United States Supreme Court upheld workplace arbitration agreements that prohibit class and collective actions.
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• 5/10/2018
  Oil and Gas Alert: U.S. EPA Releases Draft New Owner Clean Air Act Audit Program for Oil and Natural Gas Exploration and Production Facilities
  On May 4, 2018, U.S. EPA released an updated draft audit program agreement that will be available to new owners of oil and natural gas exploration and production facilities.
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• 5/2018
  • Nicholas M.J. Ray
  • David M. Aldous
  • Lauren M. Johnson
  • Andrew E. DeBord
  • Lindsay Doss Spillman
  • Hilary J. Houston
  • Steven L. Smiseck
  • Anthony L. Ehler
  • Scott J. Ziance
  Time Is Running Out to File Appeals in More Than 15 States
  Taxpayers seeking to contest the values established by the auditor or county assessor have a short time-to contest their new valuation.
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• 5/2018
  • Nicholas M.J. Ray
  • David M. Aldous
  • Lauren M. Johnson
  • Andrew E. DeBord
  • Lindsay Doss Spillman
  • Hilary J. Houston
  • Steven L. Smiseck
  • Anthony L. Ehler
  • Scott J. Ziance
  Multistate Review of Property Tax Decisions and Developments
  Recently, there have been several notable decisions from courts and tax boards in jurisdictions across the country including Ohio, Indiana, California, Oregon, Minnesota, Wisconsin, Michigan and Arizona.
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• 5/9/2018
  Client Alert: Inter Partes Review is Changing but Questions Remain
  The United States Patent and Trademark Office (the office) recently issued guidance on the impact of the Supreme Court’s recent decision SAS Institute Inc. v. Iancu on post-grant patent proceedings, specifically inter partes review.
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• 5/7/2018
  Labor and Employment Alert: Mental Health Parity: Get Ready to Prove It
  On April 23, 2018, the Department of Labor (DOL) published a second draft of a model form, the Disclosure Template, that a group health plan participant (or his or her representative) may use to request documentation of compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA).
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