Insights

April

• 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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• 4/15/2019
  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.
  Read more »
• 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.
  Read more »
• 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.
  Read more »
• 4/2019
  • Joseph M. Brunner
  Data Breach Litigation: Defenses Against the Rising Tide
  Vorys Partner Joe Brunner authored an article titled, “Data Breach Litigation: Defenses Against the Rising Tide” for the April 2019 edition of AHLA Connections.
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• 4/3/2019
  Health Care Alert: FDA Announces Public Hearing to Inform Regulatory Next Steps with Respect to CBD Products
  On April 3, 2019, the federal Food and Drug Administration (FDA) published a notice in the Federal Register (available in full here) announcing a public hearing and related comment period regarding stakeholders’ experience with products containing the cannabis derivative cannabidiol, popularly known as “CBD.”
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March

• 3/27/2019
  Health Care Alert: Senate Panel Hears Concerns that ONC’s Proposed “Interoperability” Rule Could Expose New Cybersecurity Risks; Comments Due May 3, 2019
  On March 26, 2019, the U.S. Senate Committee on Health, Education, Labor & Pensions held a hearing to evaluate a rule proposed by the Office of the National Coordinator for Health Information Technology ) to implement certain provisions of the 21st Century Cures Act (related to health information technology.
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• 3/26/2019
  Client Alert: Supreme Court Holds Businesses Engaged in Nonjudicial Foreclosures Are Not “Debt Collectors” Under the FDCPA
  On March 20, 2019, the U.S. Supreme Court decided Obduskey v. McCarthy & Holthus LLP, unanimously holding that a business engaged in nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act (the “FDCPA”), except for the limited purpose of one section.
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• 3/21/2019
  Client Alert: SCOTUS Remands Google Class-Action Settlement over Standing Issues
  The U.S. Supreme Court has vacated the Ninth Circuit’s decision approving a settlement between Google and a class of its users, based on unresolved questions regarding the users’ standing to bring their federal privacy claim.
  Read more »
• 3/20/2019
  Labor and Employment Alert: New Jersey Bans Non-Disclosure Agreements Related to Discrimination, Retaliation and Harassment
  On March 18, 2019, New Jersey Governor Phil Murphy signed a bill into law that bars many types of non-disclosure agreements (NDAs) that arise in the employment arena.
  Read more »
• Winter 2019
  • David M. Aldous
  Is Your Bank’s Cybersecurity Program Adequate? If Not, Your Bank May be Subject to Negligence Claims
  Due to the evolving sophistication of criminals, security breaches continue to occur on a regular basis. When such breaches occur, the victims of breaches often look to the law to make them whole.
  Read more »
• Winter 2019
  • Nelson D. Cary
  • Jeffery E. Smith
  Proposed Federal Reserve Banker Ban: A Chilling Effect on Banker Mobility?
  Bankers, and lenders in particular, have enjoyed relatively broad opportunities for mobility between institutions for decades.
  Read more »
• Winter 2019
  • Christopher A. LaRocco
  Financial Service Representatives Added to the List of Mandatory Reporters under Ohio’s Elder Abuse Law
  Doctors, nurses, social workers, and first responders are the types of professionals thought of when it comes to reporting elder abuse.
  Read more »
• Winter 2019
  • Jeffery E. Smith
  To Err Is Human: New Opportunities for Forgiveness in Ohio
  Being an Ohio-chartered bank or trust company, or institution-affiliated party of same (IAP), becomes a bit more comfortable with the addition of the new “bona fide error” protections of Ohio Sub. H.B. 489, effective March 20, 2019.
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• Winter 2019
  • Jeffery E. Smith
  Stock Buybacks for Banks and Bank Holding Companies
  Recent changes in stock prices, capital levels and loan demand for some institutions have created an increased interest in stock buybacks.
  Read more »
• 3/8/2019
  Labor and Employment Alert: U.S. Department of Labor Proposes to Raise the Overtime-Exempt Salary Threshold to $35,000
  On March 7, 2019, the U.S. Department of Labor (DOL) finally released its proposed rule to expand the overtime protections in the Fair Labor Standards Act (FLSA).
  Read more »
• 3/7/2019
  Client Alert: Sixth Circuit Holds in Nicole Gas that Baker Botts Does Not Apply to Contempt Sanctions
  The Sixth Circuit recently held that Baker Botts, L.L.P. v. ASARCO, L.L.C., 135 S. Ct. 2158 (2015) does not apply to contempt sanctions.
  Read more »
• 3/7/2019
  • 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 Appeals in Ohio and Other Jurisdictions
  Property taxes are frequently the largest non-productive expense incurred by property owners, and proactive management of this expense may result in increased profitability.
  Read more »
• 3/1/2019
  • Ryan D. Elliott
  The WOTUS Saga Continues
  Ryan Elliott, an attorney in the Vorys Columbus office, recently wrote an article for the Oil & Gas Association’s OOGA Bulletin titled, “The WOTUS Saga Continues.”
  Read more »