Insights
Insights
2113 items, 20 items per page
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- Last month, the Sixth Circuit reaffirmed the fair market value (FMV) standard as the primary measure of damages in False Claims Act (FCA) cases—and demonstrated the teeth of that requirement when evidence (including expert testimony) is not presented to support an FMV determination. United States v. United Technologies Corp., 2015 U.S. App. LEXIS 5476 (6th Cir. April 6, 2015), represented the culmination of a decades-long dispute between the government and United Technologies’ Pratt & Whitney unit over pricing for engines supplied to the Air Force for use in its F-15 and F-16 aircraft.
- On May 21, 2015, the Supreme Court of Ohio ruled that private entities, even sub-parts of private universities, can quality as public bodies with duties to comply with Ohio’s Public Records Act.
- On May 18, 2015, the U.S. Supreme Court unanimously held in the case of Tibble v. Edison International that fiduciaries of an ERISA plan have a continuing duty to monitor investments and to remove imprudent ones. This decision continues a recent trend in which the Court has demonstrated its willingness to overturn courts of appeals in ERISA cases.
- Blending of families and the handling of the financial assets brought into a new marriage require estate planning solutions specially tailored to meet the unique circumstances inherent in such situations.
- The Fourth Circuit Court of Appeals (which covers Maryland, Virginia, West Virginia, North Carolina and South Carolina) recently held that calling an African-American employee a “porch monkey” twice within 24 hours was so severe that it created a hostile work environment. The Court also found that the employee’s complaints about the comments were protected by the anti-retaliation provisions of Title VII.
- The IRS announced the 2016 indexed amounts for health savings accounts (HSAs) and high deductible health plans (HDHPs).
- Jackie Ford, partner in the Vorys Houston and Columbus offices, authored an article for Law360 on whether traditional definitions of property and ownership include social media accounts.
- Although visual in nature, people are not immune from defamation on the popular photo-sharing app Instagram. In fact, in 2014 – merits of the claims aside – rappers 50 Cent and The Game were each sued in unrelated matters for allegedly tarnishing others’ reputations through Instagram posts.
- On April 29, 2015, the Securities and Exchange Commission (SEC) proposed rules to implement Section 953(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which directs the SEC to require additional “pay-versus-performance” disclosure in any proxy information statements in which executive compensation disclosure is required pursuant to Item 402 of Regulation S-K.
- Pissed Consumer – branded as a “premier consumer advocacy group” – is home to countless online reviews and complaints about businesses across dozens of industries. For many small- and medium-sized businesses, false and defamatory reviews on Pissed Consumer can be quite harmful.
- On April 29, 2015, the U.S. Supreme Court unanimously held that courts may review the EEOC’s conciliation efforts that are a prerequisite to the EEOC’s filing suit against an employer under Title VII. The Court recognized that the EEOC has “expansive” and “abundant” discretion in how to conduct conciliation efforts and when to end them. Consequently, while courts may evaluate whether the EEOC has attempted conciliation, the scope of that judicial review is limited and “relatively barebones.”
- Eve Stratton, of counsel in the Vorys Columbus office who prior to joining Vorys served as justice on the Supreme Court of Ohio for 16 years, authored an article for the Daily Reporter titled “Shuttering of Mental Hospitals Led to Flood of Mentally Ill into the Legal System.”
- Vic Ferguson and Rich Seils, attorneys in the Columbus office and members of the trusts, estates and wealth transfer group, co-authored an article titled “Keeping the (Potential) Disgruntled Beneficiary at Bay – the Current Effectiveness of “No Contest” Clauses in Ohio.”
- Nelson Cary, a partner in the Columbus office and a member of the labor and employment group, and George Stevens, an associate in the Columbus office and a member of the labor and employment group, co-authored an article for TLNT.com titled “Court Won’t Give Legal Relief From NLRB’s ‘Quickie’ Election Rule.”
- When running a search of a business on Google, chances are that an aggregate star rating (on a 5.0 scale) and a listing of Google Reviews will appear high up in the search results. While Google Reviews may not yet have the widespread appeal of Yelp, they are gaining in popularity and will continue to be prominently displayed in Google.com search results for obvious reasons.
- Monica Oathout, a partner in the Vorys Houston office and a member of the labor and employment group, and Jim Barnish, an associate in the Houston office and a member of the litigation group, co-authored an article for Law360 titled “Figuring Out Family Responsibilities Discrimination.”
- Jeff Smith, a partner in the Vorys Columbus office, and Jeffrey Quayle, senior vice president and general counsel for the Ohio Bankers League (OBL), co-authored an article for the Spring 2015 edition of the Ohio Record (the magazine of the OBL) titled “Joining Forces to Enhance Competitiveness.”
- Following its proposal early this year, on April 9 the Federal Reserve issued an important revision to its Small Bank Holding Company (SBHC) Policy Statement relieving bank and savings and loan holding companies with consolidated assets of less than $1 billion from the requirements of Basel III.
- Nelson Cary, a partner in the Vorys Columbus office and a member of the labor and employment group, authored an article for TLNT.com titled “Believe It or Not, NLRB Protects Foul Facebook Attack on Supervisor.”
- For years, the Equal Employment Opportunity Commission declined to provide formal guidance on the application of the ADA to wellness programs. It has now issued rules.
May
Victor J. Ferguson
David A. Groenke
Colleen B. Laux
Emily S. Pan
David A. Swift
Mark E. Vannatta
Jackie Ford
Evelyn Lundberg StrattonApril
Nelson D. Cary
George L. Stevens
Monica F. Oathout
James T. Barnish
Jeffery E. SmithInsights
2113 items, 20 items per page
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