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- Ohio’s biennial budget bill for FY 2016-2017 (Am. Sub. H.B. 64) added Section 5124.70 to the Ohio Revised Code. This section, which was effective September 29, 2015, prohibits, with limited exceptions , an ICF/IID from allowing more than two residents to share a sleeping room.
- Jackie Ford, a partner in the Vorys Houston office and a member of the labor and employment group, authored an article for Texas Lawyer titled “Houston HERO Defeat Doesn't Mean End of Discrimination Protections for LGBT.”
- Tom Fusonie, a partner in the Vorys Columbus office and a member of the litigation group, authored an article for Ohio Farmer on the government’s use of eminent domain.
- Recently five federal agencies, The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Farm Credit Administration and the Federal Housing Finance Agency (collectively, the Agencies), issued much-anticipated joint final rules (the Final Rules) that establish minimum margin and capital requirements for registered swap dealers, major swap participants, security-based swap dealers and major security-based swap participants (Swap Entities) for which one of the Agencies is the prudential regulator (Swap Entities regulated by one or more of the Agencies are referred to as Covered Swap Entities).
- On Dec. 3, 2015, the Ohio EPA issued an invitation to certain interested parties to begin discussions on how to address USEPA’s Notice of Deficiency for Ohio’s Startup, Shutdown and Malfunction (SSM) rules.
- Client Alert: New Partnership Audit Rules Impose Federal Income Tax Liability Directly on Partnerships/LLCsIn November, 2015, as part of the Bipartisan Budget Act of 2015, new rules were enacted governing partnership audits and assessments by the IRS.
- Client Alert: Effective December 1, 2015, Most Official Bankruptcy Forms will be Replaced with Revised, Reformatted and Renumbered Versions; New Official Forms will be Required in All Bankruptcy CasesAs part of a modernization project that was begun by the Advisory Committee on Bankruptcy Rules in 2008, most of the Official Bankruptcy Forms will be replaced with substantially revised, renumbered and reformatted versions, effective December 1, 2015.
- Client Alert: FTC Amends Telemarketing Rule to Ban “Cash-To-Cash” Money Transfers, “Cash Reload” Payments, and Remotely-Created Payment Orders and Checks, in Effort to Curb ScammersIn an Official Press Release last week, the Federal Trade Commission announced that it has approved final amendments to its Telemarketing Sales Rule that, in large part, help protect consumers by eliminating various payment methods popular amongst scam artists.
- Heather Kabele, a partner in the Vorys Houston office and a member of the litigation group, authored an article for International Law360 titled “FinCEN Expands Data Collection Geography Beyond Banking.”
- California has taken the lead in enacting new comprehensive “green chemistry” laws aimed at reducing toxic chemicals found in everyday consumer products.
- As more employers consider paying their employees with payroll debit cards, they need to be aware of lawsuits challenging the practice and what sparked those suits. In several cases, employees argued that the payroll cards imposed fees for withdrawals, transfers, balance inquiries, and/or inactivity, which allegedly made it impossible for employees to obtain their full, earned wages.
- Minutes, if not seconds, is all it takes for someone to cause harm to another person on the internet. Whether a single posting on social media or another online forum, or a full-fledged harassment campaign consisting of numerous postings on various platforms, it is extremely easy today to cause damage to another’s reputation online.
- There are three federal wealth transfer taxes: (1) the estate tax; (2) the gift tax; and (3) the generation-skipping transfer (GST) tax.
- Recently five federal agencies, The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Farm Credit Administration and the Federal Housing Finance Agency, issued much-anticipated joint final rules that establish minimum margin and capital requirements for registered swap dealers, major swap participants, security-based swap dealers and major security-based swap participants for which one of the Agencies is the prudential regulator.
- Under what is known as the First Sale Doctrine, one who buys a trademarked good may ordinarily resell that product without infringing the trademark owner’s mark.
- The Bipartisan Budget Act of 2015 (11/2/2015) includes a rare bipartisan amendment to the Affordable Care Act (ACA). The ACA would have required that employers with 200 or more full-time employees auto-enroll their full-time employees in health coverage.
- The federal bipartisan budget contained a little-noticed provision entitled the Federal Civil Penalties Inflation Adjustment Act Improvements Act. This Act requires the Occupational Safety and Health Administration (OSHA) to increase its monetary penalties for the first time since 1990.
- Health Care Alert: Budget Act to Significantly Reduce Hospital Provider-Based Reimbursement For New, Off Campus SitesThe Bipartisan Budget Act of 2015 (the Act) was enacted just days ago. When the Act takes effect, it will materially reduce reimbursement for new, off campus hospital outpatient departments (OPD), such as hospital-based clinics.
- Oil and Gas Alert: Supreme Court of Ohio Decides That Oil and Gas Leases Are Title Transactions Under the Ohio Dormant Mineral ActOn November 5, 2015, the Supreme Court of Ohio answered two questions concerning the Ohio Dormant Mineral Act (DMA). In Chesapeake Exploration, L.L.C. v. Buell, the Court held that under the DMA: (1) a recorded oil and gas lease is a title transaction that serves as a savings event that prevents minerals from being abandoned to a surface owner; but (2) that the unrecorded expiration of an oil and gas lease is not a savings event.
- During Monday’s oral argument in Spokeo, Inc. v. Robins, No. 13-1339, the Supreme Court appeared sharply divided on the issue of whether a plaintiff has standing to sue for a technical violation of a federal consumer law even when there is no indication that the plaintiff has actually been harmed by the violation.
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