Insights
Insights
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- 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.”
- Members of the 130th Ohio General Assembly officially finished their business and headed home after the conclusion of a lengthy Ohio House floor session December 17. The hectic final days were notable both for the legislation that passed as well as for some high profile bills that did not pass.
- Effective January 1, 2015, employers with facilities located in states subject to federal OSHA jurisdiction will have new reporting requirements. Previously, employers were required to report all work related fatalities and work related hospitalizations of three or more employees within eight hours of the event.
- Whitney Gibson, the leader of the firm’s internet defamation group, and Jordan Cohen, an associate in the internet defamation group, co-authored an article for Travel Law Quarterly titled “New York Hotel’s Policy Against Negative Online Reviews Backfires.”
- Following an extended dry spell for de novo bank applications, in what could be interpreted as a gesture to “kick-start” de novo conversations, the FDIC issued in November a somewhat “out of the blue” financial institutions letter (FIL-56-2014) containing a series of Q&As relating to procedural issues surrounding applications for deposit insurance.
- When bankers see news reports about the Defense of Marriage Act (DOMA), Ohio’s Marriage Amendment and recent court cases involving same-sex marriages, they probably think in terms of constitutional, health care, employment and domestic issues.
- Both state and federal bank regulatory exam reports use references to Matters Requiring Attention (MRAs), Matters Requiring Board Attention (MRBAs) and Matters Requiring Immediate Attention (MRIAs) as mechanisms for bringing issues and concerns to the attention of financial institution boards.
- Community banks and thrifts have great reputations for their focus on customer service. Management and boards of financial institutions are accustomed to being thoroughly engaged and focused on maintaining and monitoring good relationships with their key customers at all levels.
- Vorys Partners Greg Russell and Pete Lusenhop authored an article for the Oil & Gas Monitor titled “‘It’s All About that Basin, Bout Dat Basin…No Trouble (Well Maybe a Little).” The article highlighted the lessons that can be learned from recent and pending cases in U.S. shale plays. According to the authors, the main lesson is “Proceed with Caution.”
- Both the West Coast (led by San Francisco) and the East Coast (led by Philadelphia) recently illustrated growing pro-employee trends in defining employee work schedules and in ensuring paid sick leave for employees.
- In several previous blog posts, we have mentioned obtaining court orders with the aim of getting links to harmful content, such as Ripoff Report posts, de-indexed from search engines. What we have not written about, to date, is how to use a court order to get links removed from Google.
- Kevin Gormly, a partner in the Pittsburgh office, and Abbi Marusic, an associate in the Pittsburgh office, provided the Pennsylvania Oil and Gas Update in the Rocky Mountain Mineral Law Foundation Mineral Law Newsletter, Vol. 31, No. 4.
- Last Friday, the NLRB issued its long-anticipated “ambush election” or “quickie election” rules. The rulemaking, which followed a long and tortured procedural path, is a major overhaul of the procedures used to conduct secret ballot, union elections. These elections are an important path to union representation, and they will now occur more quickly after the election petition is filed.
- Since 2007, as a result of the NLRB’s Register Guard decision, an employer could lawfully limit the use of its email system by employees for certain non-business related activities, assuming that it applied the rule non-discriminatorily. On December 10, 2014, in a 3-2 decision, the NLRB reversed the old rule established in Register Guard and established a new rule. Now, employees must be permitted to use employer email for statutorily protected communications during nonworking time if they have access to employer computer systems for work.
- People today love sharing photographs of themselves and their whereabouts. And today’s technology makes it so easy. While there are numerous websites and apps that make this possible, among the most popular are Facebook, Twitter and Instagram. This trio ranks second, eighth, and twenty-fourth, respectively on Alexa.com’s rankings of top websites in the United States.
- Whitney Gibson, a partner in the Vorys Cincinnati office and the leader of the firm’s internet defamation group, and Mary Henkel, of counsel in the Cincinnati office and a member of the litigation group, authored an article for Social Media Explorer called “Can Haters Post Death Threats on Facebook?”
- As we reported in October, the case of Integrity Staffing Solutions, Inc. v. Busk, U.S. No. 13-433, has been closely watched by companies that screen their workers to prevent employee theft. Integrity Staffing required its employees to pass through a security check at the end of each shift and did not compensate them for the 25 minutes the employees claimed the process took.
- Eighteen states and the District of Columbia currently protect lesbian, gay, bisexual and transgender employees (LGBT). In July 2014, President Obama issued Executive Order 13672, which extended this protection by prohibiting discrimination on the bases of sexual orientation and gender identity in federal contracts.
January
J. Bret TreierDecember
Margaret Dodane Everett
Jeffery E. Smith
Brenda K. Bowers
Elizabeth Turrell Farrar
Aaron S. Berke
Peter A. Lusenhop
Gregory D. RussellInsights
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