Insights

August

• 8/2/2018
  Intellectual Property Alert: Third-Party Funding Of Patent Litigation
  As recently as five years ago, third-party funding of litigation the United States was an anomaly.
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• 8/1/2018
  Health Care Alert: CMS Proposes New Reimbursement Cuts for 2019 Medicare OPPS – Comments Due September 24
  On July 31, 2018, the Centers for Medicare and Medicaid Services (CMS) published its proposed changes to the Medicare hospital outpatient prospective payment system (OPPS) and the Medicare ambulatory surgical center (ASC) payment system for calendar year 2019. 
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• 8/1/2018
  • Thomas H. Fusonie
  • Suzanne R. Galyardt
  • Jeffrey Allen Miller
  Considerations When Faced With Eminent Domain
  Vorys attorneys Tom Fusonie, Suzanne Galyardt, and Jeff Miller co-authored an article for Ohio Farmer titled “Considerations When Faced With Eminent Domain.”
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July

• 7/31/2018
  Client Alert: Are You Prepared To Be Audited By The Trademark Office?
  Currently, to maintain or renew a United States trademark registration, the registrant must file a Declaration of Use stating the mark is in use in commerce in connection with each listed good or service in the registration.
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• 7/13/2018
  Health Care Alert: Top Changes to Watch For in the 340B Drug Discount Program
  A U.S. House Subcommittee recently held a hearing to discuss potential reforms to the Medicaid 340B program. Although it remains unclear exactly what will come of these discussions, here are the top three changes 340B providers should watch for.
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• 7/13/2018
  Intellectual Property Alert: When is a Disclosure Considered a Prior Art “Printed Publication”?
  On appeal from the Patent Trial and Appeal Board, the Federal Circuit affirmed-in-part and vacated-in-part the board’s decision in two related inter partes review (IPR) proceedings that Petitioner, Medtronic, Inc., failed to establish obviousness of the claims in U.S. Patent No. 7,670,358 (the ’358 Patent) and U.S. Patent No. 7,776,072 (the ’072 Patent). The Federal Circuit held that the board erred in concluding that a video and a binder containing relevant portions of certain slides, which were distributed at various programs in 2003, are not prior art on the grounds that the video and slides were not sufficiently accessible to the public. The Court asserted that the board failed to consider all of the relevant factors in determining whether or not the video and slides are a printed publication within the meaning of 35 USC § 102.
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• 7/12/2018
  Labor and Employment Alert: California Expands Regulations Regarding National Origin Discrimination
  California’s Fair Employment and Housing Act prohibits harassment and discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation and military and/or veteran status.
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• 7/6/2018
  Labor and Employment Alert: No Hand-Held Devices While Driving in Georgia (and 16 Other Jurisdictions)
  Georgia law already requires drivers to exercise “due care” in operating motor vehicles and to not engage in any actions which district the driver from the vehicle’s safe operation.
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• 7/3/2018
  • William D.G. Baldwin
  • Aaron S. Berke
  • Kelly B. Bissinger
  • Bryan H. Falk
  • Nicholas R. House
  • Christopher J. Knezevic
  • Joseph B. Mann
  • Jacinto A. Núñez
  • J. Theodore Smith
  • Lindsay Doss Spillman
  • Jonathan K. Stock
  • Jill S. Tangeman
  • Kristin L. Woeste
  • Scott J. Ziance
  Development Incentives Quarterly: Summer 2018
  In the Summer 2018 edition of Development Incentives Quarterly, read our Top 10 most interesting facts about the Foxconn deal, read a recap of the Ohio Supreme Court decision on what takes priority – a TIF exemption or another exemption, and seven interesting things to know about the City of Columbus' proposed incentives policy.
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• 7/2/2018
  Labor and Employment Alert: Oklahoma Becomes the 30th State to Legalize Medical Marijuana
  On June 26, 2018, voters in Oklahoma approved a ballot initiative to legalize medical marijuana (which remains illegal under federal law).
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• Summer 2018
  The Top 10 Most Interesting Facts about the Foxconn Deal
  In 2017, Foxconn Technology Group (Foxconn)[1] and the Wisconsin Economic Development Corporation (WEDC) reached agreement on one of the largest and most significant economic development projects in history.
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June

• 6/29/2018
  Client Alert: California Enacts the California Consumer Privacy Act
  Yesterday, California enacted the California Consumer Privacy Act of 2018. The law imposes new regulations on the collection, use, and disclosure of consumers’ personal information that will significantly impact companies doing business in California.
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• 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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