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- In October 2015, the Occupational Safety and Health Administration (OSHA) announced that it will soon issue a final rule concerning safety incentive programs that reward employees for low accident levels.
- Executives from top businesses around the world have weighed in, and they have indicated that the top risk for their respective companies is their reputation.
- Oil and Gas Alert: Ohio Court of Appeals Issues Decision on Scope of Granting Clause, Effect of Well Permit Application on Lease Terms and Lessee’s Fiduciary DutiesOn October 26, 2015, the Ohio Fifth District Court of Appeals in K and D Farms, Ltd, et al. v. EnerVest Operating, L.L.C., et al. addressed several issues concerning oil and gas leases in Ohio.
- Lisa Babish Forbes and Aaron Williams, attorneys in the Vorys Cleveland office, co-authored “Can Localities Use Ballot Power To Ban Oil And Gas Drilling?” for Appellate Law360.
- With cybersecurity as THE hot button issue in bank and thrift risk management right now, and of course to help the industry celebrate “National Cybersecurity Awareness Month” (who knew?), bankers and their boards should take advantage of the FDIC informational teleconference on cybersecurity issues being held on October 28, 2015.
- Following a growing trend among cities nationwide, Minneapolis is weighing a plan to require employers operating within the city to provide employees with extensive paid sick leave. In April 2015, the Minneapolis City Council passed a resolution creating a workgroup, known as the Working Families Agenda, to develop policy proposals on issues affecting low-income workers.
- Whitney Gibson and Jordan Cohen co-authored an article for the Bloomberg/BNA Electronic Commerce & Law Report titled “Favorable Ruling for Critics of Section 230 of the CDA in Washington Case.”
- Last month, the Federal Trade Commission (FTC) filed suit in the Middle District of Florida against two companies and their principals over a “gag” clause aimed at preventing negative reviews.
- Your company spends vast resources developing and protecting its brand. A brand or trademark is shorthand communication for your company’s values and the quality of your products or services. Obtaining a trademark registration from the United States Patent and Trademark Office (USPTO) provides the fullest protection under the law.
- On October 6, 2015, the District of Columbia Council introduced the “Universal Paid Leave Act of 2015,” which would require up to 16 weeks of paid family leave and 16 weeks of paid medical leave per year. Although just introduced, the legislation currently has the support of a majority of the D.C. Council. If enacted, it will affect the budget and operations of D.C. employers.
- The Delaware Court of Chancery is considering an argument that a hyperlink to an allegedly defamatory article, for purposes of overcoming a statute of limitations defense, constitutes republication.
- Beginning January 1, 2016, California may have the most stringent equal pay law in the country. California’s new Fair Pay Act makes it easier for plaintiffs to assert gender-based wage claims and more difficult for employers to defend against them.
- Ray Pinkham, an associate in the Vorys Washington, D.C. office and member of the litigation group, authored an article for the ABA/BNA Lawyers’ Manual on Professional Conduct titled “Embrace Inevitable Change in Legal Services Profession, Conference Speakers Say.”
- Labor and Employment Alert: A Small But Meaningful Change to California’s Private Attorneys General Act for EmployersOn October 2, 2015, California enacted AB 1506 to amend its Private Attorneys General Act (commonly referred to as PAGA) to address the increase in class action litigation over minor, technical violations of itemized wage statements.
- In September 2015, U.S. EPA published a Compliance Alert addressing compliance concerns regarding emissions from controlled storage vessels at oil and natural gas production facilities.
- Jessica Knopp Cunning, an associate in the Vorys Akron office and a member of the litigation group, authored an article for Crain’s Cleveland Business titled “The Future of Drones is Now, Even if the Law is a Bit in Limbo.”
- Ohio Supreme Court Decision on Bright-Line Domicile Creates Uncertainty Going Forward – Ohio’s Bright-Line Test Is Not So BrightDave Froling and John Petzinger, attorneys in the Vorys Columbus office and members of the tax group, co-authored an article titled “Ohio Supreme Court Decision on Bright-Line Domicile Creates Uncertainty Going Forward – Ohio’s Bright-Line Test Is Not So Bright” for the Fall 2015 edition of the Journal of State Taxation.
- Labor and Employment Alert: The OFCCP Launches ‘Class Member Locator’ Website to Troll for PlaintiffsThis week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) commenced its “Class Member Locator” website in support of the president’s Transparency and Open Government Initiative. The website’s purpose is to identify and “locate as many class members as possible” who may have been victims of discrimination with a federal contractor.
- Julie Brown, Vorys’ litigation technology executive manager, authored an article for Corporate Counsel titled “How to Decide Who Handles Your E-Discovery.”
- Many businesses today are finding their products being sold online without their permission, often on third-party websites. While the First Sale Doctrine generally permits buyers to resell others’ trademarked goods without incurring any liability, it does not apply when a reseller sells goods that are materially different from the genuine goods sold by a trademark owner.
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