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- It was not that long ago that the concern over preparing for, and dealing with, activist investors was rare in the banking industry, and especially rare for community banks. That comfort is quickly fading, however, as more funds and individuals contemplate opportunities for becoming “activist” investors in community banks through a variety of mechanisms, some for the better and some perhaps not so much.
- Earlier this year, two federal appeals courts decided cases that are significant to lenders whose borrowers are experiencing financial distress. In one case, the court stripped the lender of its secured status because the lender had failed to investigate the borrower’s wrongdoing, despite having notice of suspicious facts.
- As the longest awaited sequel in years, financial regulators have finally revealed their revised interagency proposal to restrict incentive-based compensation arrangements for executives at financial institutions. In 2010, the Dodd-Frank Act obligated six agencies, including the Federal Deposit Insurance Corporation, the Federal Reserve Board, the Officer of the Comptroller of the Currency, the Securities and Exchange Commission, the National Credit Union Administration and the Federal Housing Finance Agency, to establish rules prohibiting incentive-based compensation arrangements that would encourage inappropriate risk-taking.
- After nearly a decade practically devoid of state or federal de novo charter activity nationwide, the FDIC has announced plans to return to its three-year post-approval oversight period for de novos that was in effect prior to the financial crisis.
- Many parents across the country will soon be preparing to take their adult child to college.
- The Supreme Court of Ohio recently released its opinion in White v. King,expressly expanding the definition of a “meeting” under Ohio’s Open Meetings Act to include discussions that occur “telephonically, by video conference, or electronically by email, text, or other form of communication.”
- In a highly-anticipated opinion, this morning the U.S. Supreme Court overturned the Ninth Circuit Court of Appeals’ decision in Spokeo, Inc. v. Robins.
- The U.S. District Court for the Northern District of Ohio recently delved into the meaning of the word “or” and showed how its meaning affects the enforceability of a non-compete agreement.
- In the ever-expanding world of e-commerce, businesses often create terms, conditions, notices, policies, or other disclaimers on their websites that apply to consumers across the country.
- The EEOC has issued a Fact Sheet on “Bathroom Access Rights for Transgender Employees Under Title VII of the Civil Rights Act of 1964.” It notes that “a person does not need to undergo any medical procedure to be considered a transgender man or a transgender woman.”
- The Department of Homeland Security’s new rule on the STEM Optional Practical Training extension goes into effect on May 10, 2016. Some of the changes that impact employers are highlighted in this Immigration Alert.
- In general, a person can sell another’s genuine trademarked goods, under the First Sale Doctrine. However, a failure to abide by or follow a company’s quality controls can give rise to trademark infringement.
- The Consumer Financial Protection Bureau (CFPB) yesterday released a widely anticipated proposed rule that would: (1) prohibit class action waivers in pre-dispute arbitration agreements, and (2) require a provider to submit records from individual arbitrations to the CFPB.
- The IRS recently issued proposed regulations that, if finalized, would treat debt instruments between related persons as stock under certain circumstances.
- It’s been said that politics makes strange bedfellows as illustrated by the efforts at “legalizing” marijuana use in Ohio (marijuana use and possession remain illegal under federal law).
- Colleen Laux, a senior attorney in the Vorys Cincinnati office, authored an article entitled "Superintendence Rule 66 and Its Impact on Your Guardianship Practice" for the May/June 2016 edition of the Probate Law Journal of Ohio.
- E-commerce sales, unsurprisingly, continue to increase. In fact, according to data released by the U.S. Department of Commerce in early 2015, online retail sales in the United States totaled nearly $305 billion (an increase in more than 15 percent since 2013).
- For businesses forced to deal with internet defamation, in our experience removal of the harmful content is generally the best solution.
- The U.S. Department of Labor (DOL) has just issued “The Employer’s Guide to the Family and Medical Leave Act.” The DOL created this Guide because the DOL is “committed to strengthening compliance with the FMLA by providing assistance to employers and helping increase their knowledge of the law.”
- On April 20, 2016, the Ohio House of Representatives approved Amended Substitute House Bill 233 (HB 233) as amended and passed by the Ohio Senate, which, among other things, establishes the procedure for designating so-called downtown redevelopment districts and innovation districts.
May
Jeffery E. Smith
Jeffrey A. Marks
Jeffrey W. Bieszczak
Kimberly J. Schaefer
Lauren A. Brown
Victor J. Ferguson
David A. Groenke
Michael G. SchwartzApril
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