Insights

June

• 6/4/2019
  Health Care Alert: Ohio EPA Undertakes Rulemaking to Adopt New Federal Standards for Management of Hazardous Pharmaceutical Waste by Ohio’s Health Care Industry
  Ohio’s health care industry will soon take on significant new obligations with respect to the management of hazardous pharmaceutical waste, pursuant to a federal rule being implemented by Ohio Environmental Protection Agency (EPA).
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• 6/3/2019
  • 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
  School’s Out – But Only For The Summer!: How To Minimize Taxes When Funding Education Expenses
  Whether you’re planning early for your child’s future or contemplating how your youngest grandchild’s education will be covered after you’re gone, there are several tax-favorable mechanisms for funding growing education expenses.
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May

• 5/28/2019
  Client Alert: In Line with Recent Trends, New Jersey Amends its Data Breach Notification Law to Expand the Definition of “Personal Information”
  Earlier this month, New Jersey joined a growing list of states which require companies to provide notification under their respective data breach laws where non-traditional personal informational is compromised.
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• 5/2019
  • Rosemary D. Welsh
  Ohio Implements Standard Authorization Form for Medical Records
  Rosemary Welsh, of counsel in the Vorys Cincinnati office, authored an article titled, “Ohio Implements Standard Authorization Form for Medical Records” for the May-June edition of the Cincinnati Bar Report.
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• 5/17/2019
  Client Alert: Section 232 Investigation of Automobiles – Presidential Proclamation
  On May 17, 2019, the White House issued a Presidential Proclamation on imports of passenger vehicles (sedans, sport utility vehicles, crossover utility vehicles, minivans, and cargo vans) and light trucks and certain automobile parts (engines and engine parts, transmissions and powertrain parts, and electrical components).
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• 5/15/2019
  Client Alert: The State of Washington Expands Breach Notification Requirements
  Governor Jay Inslee recently signed Substitute House Bill 1071, amending Washington’s data breach notification law.
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• 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
  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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