Insights

February

• Winter 2018
  • Jeffery E. Smith
  The Challenges of CSI in M&A
  With the current uptick in M&A activity, it is timely to revisit the concept of “confidential supervisory information” (CSI) and its impact on M&A as well as other matters.
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• Winter 2018
  • David M. Aldous
  Deposit Account Control Agreements
  Deposit Account Control Agreements (DACAs) are too often given little thought by a depository institution that signs them.
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• 2/19/2018
  Client Alert: Additional Guidance Available Regarding Selection of “Qualified Opportunity Zones” Ahead of Imminent Deadline
  As part of federal tax reform, Congress created a new program to encourage investment in businesses that are located in low-income communities that are designated as “Qualified Opportunity Zones.” This program creates a new potential source of capital for businesses and real estate developments located in Qualified Opportunity Zones, while at the same time creating a new tax benefit for investors seeking to reduce their tax burden on taxable asset dispositions.
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• 2/13/2018
  Client Alert: IPR Institution Decisions are not (Entirely) Immune from Appeal
  The U.S. Court of Appeals for the Federal Circuit recently opened the door to reviewing one aspect of decisions to institute Inter Partes Review (IPR) under the America Invest Act (AIA).
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• 2/9/2018
  Health Care Alert: Spending Bill Dramatically Increases Penalties for Health Care Fraud and Abuse
  The Bipartisan Budget Act of 2018 (the act), signed into law by President Trump on February 9, 2018 includes provisions that more than double the penalties to which health care providers may be subject under the federal health care fraud and abuse laws.
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• 2/8/2018
  Client Alert: New Federal Qualified Opportunity Zone Program
  As part of federal tax reform, Congress created a new “Qualified Opportunity Zone” program to encourage investment in businesses that are located in low-income communities.
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• 2/5/2018
  Client Alert: Can Post-Filing Evidence be used to Invalidate a Patent?
  This past October, in Amgen v. Sanofi (Fed. Cir. 2017), the Federal Circuit sent shivers down the spine of the biotechnology industry when it overturned a district court decision confirming the validity of two patents that claim antibodies for lowering cholesterol.
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• 2/5/2018
  Labor and Employment Alert: New York’s Highest Court Rules that Pre-Certification Settlements Require Class Notice
  The New York Court of Appeals (the state’s highest court) recently issued a potentially game-changing decision on pre-certification settlements in class actions.
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• 2/5/2018
  State and Local Tax: City of Columbus Tax Incentives Are No Longer Available If You File Your Columbus Net Profits Tax Return with the Ohio Department of Taxation
  Columbus has implemented a new policy prohibiting businesses from benefiting from incentives granted and administered by Columbus for any year in which the business elects to file its Columbus net profits tax return with the Ohio Department of Taxation (the department).
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• 2/5/2018
  • Lisa Pierce Reisz
  The Very Best of Our Profession: Legal Aid, Pro Bono and Our Commitment to Access to Justice
  Lisa Pierce Reisz, a partner in the Vorys Columbus office and the current president of the Columbus Bar Association, drafted an article fpr the Columbus Bar Lawyers Quarterly Winter 2018 edition about community service.
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• 2/1/2018
  Labor and Employment Alert: California Law Regulates Employers’ Responses to Federal Immigration Inspections
  With immigration being a hot topic, California employers should be aware of legislation enacted in October 2017 that restricts their ability to cooperate with federal immigration officials.
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January

• 1/31/2018
  Labor and Employment Alert: Vermont Legalizes Recreational Marijuana
  Effective July 1, 2018, adults who are 21 years and older will be allowed to cultivate, possess and consume marijuana in Vermont.
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• 1/30/2018
  Whistleblower Defense Alert: DOJ Policy Regarding Dismissal of FCA Lawsuits
  Although the government has always had the authority to move to dismiss relator cases, it almost never does, to the great frustration of numerous defendants that have had to incur the costs and inconvenience of meritless False Claims Act (FCA) claims.
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• 1/29/2018
  • 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
  Happy New Year – It’s Time to Review Your Estate Plan
  If you have not looked at your estate plan recently, it’s time to do so.
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• 1/26/2018
  Client Alert: U.S. EPA Withdraws ‘Once In, Always In’ Policy
  On January 25, 2018, U.S. EPA published a guidance document altering its long-standing position on major sources of hazardous air pollutants.
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• 1/25/2018
  Labor and Employment Alert: PBGC Missing Participant Program – It’s Not Just For Defined Benefit Plans Anymore
  On December 22, 2017, the PBGC issued final regulations that expand their acceptance of benefits for missing participants.
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• 1/24/2018
  • Victor J. Ferguson
  • Suzanne R. Galyardt
  IRS Proposes Significant Changes to Donor-Advised Funds
  While tax reform garnered much attention at the end of 2017, the IRS also released a proposal relating to donor-advised funds that will significantly impact donors and charities.
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• 1/23/2018
  Labor and Employment Alert: Illinois Appeals Court Holds That the Biometric Information Privacy Act Requires Actual Injury
  As we previously reported, the Illinois Biometric Information Privacy Act (BIPA) requires individuals and companies to provide notice and obtain consent before collecting or using biometric data and then ensure the proper storage and disposal of that data.
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• Winter 2018
  • Nicholas M.J. Ray
  • Lauren M. Johnson
  • Andrew E. DeBord
  • Lindsay Doss Spillman
  • Hilary J. Houston
  • Steven L. Smiseck
  • Anthony L. Ehler
  • Scott J. Ziance
  Time to File Ohio 2017 Real Property Tax Complaints
  The State of Ohio requires counties to reappraise properties for tax purposes every six years and update those values in the middle of that cycle.
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• Winter 2018
  • Nicholas M.J. Ray
  • Lauren M. Johnson
  • Andrew E. DeBord
  • Lindsay Doss Spillman
  • Hilary J. Houston
  • Steven L. Smiseck
  • Anthony L. Ehler
  • Scott J. Ziance
  Ohio Supreme Court Decisions & Developments
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