Insights
Insights
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- As the new year is in full swing, you may or may not have ditched your resolutions by now.
- President Obama delivered his sixth State of the Union address on Tuesday, and labor and employment matters took center stage. While the president’s address does not have the force of law, it highlights for employers what issues the White House plans on pursuing in the coming year.
- When someone posts a harmful YouTube video about another person or organization, not only can this cause significant harm in and of itself, but it can also be difficult for the subject of the video to get it taken down.
- We hope you and your family enjoyed a happy holiday season. We’re writing to introduce you to a new e-newsletter we will begin publishing next week.
- On January 13, 2015, the United States Supreme Court ruled in favor of homeowners seeking to rescind their loans and mortgages with written notice to lenders within three years of completion of a real estate transaction, where lenders allegedly failed to comply with the federal Truth in Lending Act (TILA). Based on this decision in Jesinoski v. Countrywide Home Loans, Inc., it is not necessary that a homeowner actually file a court action within those three years.
- Justin Roberts, partner in the litigation group in the Cleveland office, and Sean Purcell, a partner in the corporate group in the Washington, D.C. office, authored an article for Crain’s Cleveland Business titled “Don’t Buy an FCPA Problem in an Overseas Deal.”
- Before there was Yelp, there was Citysearch. Founded in 1995 as an online guide for finding local businesses, Citysearch helped pave the way into an era of consumers posting online reviews. While Yelp has blown Citysearch and other competition out of the water in recent years, Citysearch is nevertheless still active and businesses are still very much vulnerable to false reviews on the website.
- Health Care Alert: Federal Court Strikes Down DOL’s New Companionship Services Exemption RegulationsNew U.S. Department of Labor (DOL) regulations concerning the companionship services exemption to the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) were scheduled to take effect on January 1, 2015.
- Speaker of the House Cliff Rosenberger (R-Clarksville) and House Minority Leader Rep. Fred Strahorn (D-Dayton) announced House committee leadership positions this week for the new two-year session.
- Ashley Manfull, an associate in the Vorys Akron office and a member of the labor and employment group, authored an article for Crain’s Cleveland Business regarding employee performance improvement plans (PIPs) and year-end reviews.
- On January 8, 2015, the United States Court of Appeals for the Fourth Circuit reinstated the government’s False Claims Act (FCA) claims in United States v. Triple Canopy, Inc., No. 13-2190. In reversing the district court’s dismissal of the government’s case, the Fourth Circuit highlighted, both explicitly and implicitly, the importance of the government’s decision to intervene in the case.
- Earlier this week, President Obama gave a speech at the FTC laying out an agenda on privacy and data security issues, and indicating that the topic is important enough to the administration that it will be included in his upcoming State of the Union address. Generally, the initiative’s goals include tackling identity theft, protecting the privacy of student data and working toward a general privacy “bill of rights” to provide comprehensive data and privacy protections.
- It is once again time for public companies to march into proxy season. While the SEC has not adopted any significant new rules or amendments effective for the 2015 proxy season, you should keep the following items in mind as you prepare.
- The Sixth Circuit Court of Appeals recently issued a decision regarding whether interruptions of an employee’s meal period automatically render that time compensable under the Fair Labor Standards Act (FLSA).
- Earlier this week, Judge Amy Totenberg of the United States District Court for the Northern District of Georgia imposed significant monetary sanctions against a pair of relators who blatantly and repeatedly violated the seal order in a pending qui tam action, United States ex rel. Bibby v. Wells Fargo Bank, N.A., Case No. 1:06-CV-0547-AT.
- On December 19, 2014 Governor Kasich signed Am. Sub. H.B. 5 (the Bill) into law thus concluding three years of contentious lobbying between selected trade associations on one side of the debate (primarily The Ohio Chamber of Commerce, The Ohio Society of CPAs and The National Federation of Independent Business) and Ohio’s roughly 600 municipalities on the other side of the debate.
- With 70 million-plus members, TripAdvisor has developed a reputation as a well-trusted source for information and trip planning options for hotels, restaurants, and various attractions. Of course, like any website, TripAdvisor is not free of false or otherwise fraudulent reviews.
- On December 15, 2014, the United States Supreme Court decided that a party seeking to remove a class action to federal court need not include evidence of the amount in controversy as part of its petition for removal. Instead, the party seeking removal need only plausibly state that the amount at stake exceeds $5 million. The case is Dart Cherokee Basin Operating Co. LLC v. Owens, 574 U.S. ---, 2014 U.S. LEXIS 8435 (2014).
- Bret Treier co-authored Mergers and Acquisitions for Distributors: Expert Advice for Buyers and Sellers.
- Margaret Everett, of counsel in the Vorys Cleveland office and member of the litigation group, authored an article for Crain’s Cleveland Business titled “Workers' Compensation Fraud Investigations: Old School Meets New Tools.”
January
Victor J. Ferguson
David A. Groenke
Emily S. Pan
Michael G. Schwartz
David A. Swift
Mark E. Vannatta
Suzanne R. Galyardt
Michelle L. Clemons
Colleen B. Laux
M. Sean Purcell
Ashley M. Manfull
J. Bret TreierDecember
Margaret Dodane EverettInsights
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