Insights
Insights
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- In companion decisions released on August 20, 2015, the Supreme Court of Kentucky confirmed that Kentucky follows the “at the well” rule with respect to post-production costs, but held that the payment of severance taxes must be borne solely by the producer.
- Nelson Cary, a partner in the Vorys Columbus office, and George Stevens, an associate in the Vorys Columbus office, co-authored an article for TLNT.com titled “Why the NLRB Ruled That College Football Players Can’t Unionize.”
- Rob Phillips, the firm’s senior manager of strategic communications, recently authored an article for PR Daily titled “Why you should talk to your employees first in a crisis.” The article focused on the importance of including internal communication in your response to crises.
- On Thursday, August 13, Secretary of State John Husted issued a decision finding that the proposed charter petitions for Athens, Fulton and Medina counties are invalid. The secretary’s decision tracked analysis provided by Vorys’ attorneys Jonathan Airey, Gregory Russell, Lisa Babish Forbes and Aaron Williams in an amicus brief submitted on behalf of the Ohio Oil and Gas Association and the Ohio Gas Association.
- On Tuesday, August 11, 2015, the United States Court of Appeals for the District of Columbia Circuit released a decision upholding an assertion of privilege by Kellogg Brown and Root, Inc. (KBR) over internal investigation documents in a FCA suit alleging kickbacks and overbilling on Iraq war subcontracts.
- Following Oregon’s recently enacted state-wide paid sick leave law, Montgomery County, Maryland, and Pittsburgh, Pennsylvania, are the latest locales to require that employers provide paid sick leave to their employees. This further complicates the growing patchwork quilt of federal, state and local leave laws that employers have to contend with.
- On August 5, 2015, the SEC voted 3-2 to adopt the final pay ratio disclosure rules imple¬menting Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act).
- Since 1990, Title III of the Americans with Disabilities Act (ADA) has required places of public accommodation to meet certain standards for accessibility by persons with disabilities. The traditional definition of “places of public accommodation” – stores, schools, offices, etc. – has largely remained unchanged since the ADA’s enactment. In April 2016, however, a long-awaited change could see an entirely new frontier fall under the scope of the ADA: websites.
- Pursuant to recently enacted legislation, filing deadlines for federal partnership information returns (Form 1065), S corporation information returns (Form 1120S) and C corporation income tax returns (Form 1120) have been changed.
- On July 22, 2015, the United States Department of Defense issued a final rule implementing the Military Lending Act (the MLA), a federal law that provides various protections to active-duty service members in consumer credit transactions. The MLA imposes various restrictions and disclosure requirements on a creditor who extends consumer credit to active-duty service members, their spouses and their dependents.
- Vorys attorneys Daniel Buckley, Lisa Babish Forbes and Elizabeth Weinewuth authored an article for the Probate Law Journal of Ohio titled “Newcomer V. National City Bank Appeal Concludes, Affirms Important Guidance for Ohio Trustees.”
- A decision last week in an FCA case in Pennsylvania confirms that the FCA’s first-to-file bar has been weakened. See U.S. ex rel. Boise v. Cephalon, Inc., No. 08-CV-287 (E.D. Pa.). The court in the Cephalon case confirmed that the Supreme Court’s decision in Kellogg Brown & Root Servs., Inc. v. United States ex rel. Carter means that the first-to-file bar does not apply when a previously filed case is no longer pending.
- In mid-2000, the SEC adopted Regulation FD to protect investors by creating a level playing field for all investors for access to material, nonpublic information. The SEC’s primary concern was that selective disclosure, and the perception of selective disclosure to analysts and institutional investors, of material, nonpublic information, leads to a loss of investor confidence in the integrity and fairness of the securities markets.
- On June 9, 2015, the Federal Reserve, OCC and FDIC (as well as the SEC, CFPB and NCUA) issued a final interagency joint policy statement (JPS) establishing standards for assessing the diversity policies and practices of the entities they regulate.
- Imagine the following scenario: your bank has just announced an agreement to be acquired by a larger institution that is entering your market for the first time. Two months into the process your CEO, CFO and chief lender tell the board that they have decided to accept offers from local competitors because (a) they will make more money, (b) they have a built-in customer following and (c) despite good relations with the buyer they are uncertain as to their future and have families to consider.
- As the M&A environment heats up and industry chatter increases, banks and their boards need to be prepared to take advantage of strategic opportunities. Boards should have an M&A strategy in place and this preparation needs to take place before the situation arises.
- Natalia Steele co-authored a column titled “Technological Advancements Have Led to More Traces of Infectious Disease—Now How to Assign Blame When They Cause Harm?” for Texas Lawyer.
- Democrats in Congress recently introduced the Schedules that Work Act to control how employers schedule their employees’ to work. The bill would apply to employers of 15 or more employees.
- Oregon is now the fourth state, after Connecticut, California, and Massachusetts, to mandate that employers provide their employees with sick leave benefits. Oregon’s new sick leave law goes into effect on January 1, 2016, applies to all private- and public-sector employees, and in most cases, requires that the sick leave be paid.
- In May 2014, the Court of Justice of the European Union ruled that individuals have the right to ask Google to remove certain search results about them. This “Right to Be Forgotten,” as it is popularly known, has led to nearly 290,000 removal requests and counting, with Google having evaluated well over a million URLs to date.
August
Nelson D. Cary
George L. Stevens
Rob Phillips
Lisa Babish Forbes
Elizabeth E.W. WeinewuthJuly
Elizabeth Turrell Farrar
Jeffery E. Smith
Jennifer Bibart Dunsizer
Natalia SteeleInsights
2280 items, 20 items per page
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