Insights

May

• 5/19/2017
  Labor and Employment Alert: NLRB Finds That Wearing a “Fight For $15” Pin is Protected Activity
  The National Labor Relations Board (NLRB) recently found a regional fast-food chain’s uniform policy, which prohibited employees from wearing any type of buttons, pins or stickers not provided by the restaurant, to be in violation of NLRA Section 8(a)(1).
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• 5/18/2017
  Labor and Employment Alert: OSHA Delays Electronic Reporting Rule
  As we reported previously, the federal Occupational Safety and Health Administration (OSHA) amended its recordkeeping rules related to workplace injuries and illnesses in May 2016 to require employers keeping such records to submit information to OSHA electronically.
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• 5/16/2017
  Cause Marketing May Cause Charitable Compliance Requirements
  Cause marketing has become ubiquitous in bringing charities and for-profit companies together to mutually benefit each other and their communities. Cause marketing comes in many varieties. Sometimes a portion of sale proceeds is donated to charity, or other point-of-sale transactions permit customers at check-out to either donate a dollar or round-up their purchase to the next dollar with a donation. Campaigns often involve social media, and sometimes sharing or liking a message results in a corporate donation. An example of cause marketing is the Yoplait “Save Lids to Save Lives” campaign, in which Yoplait donates ten cents for every pink lid that is returned to it to support the Susan G. Komen Breast Cancer Foundation. Also, the Whole Foods Nickels for Nonprofits campaign allows customers to either receive or donate five cents for each reusable bag they provide.
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• 5/16/2017
  Labor and Employment Alert: Georgia Enacts a Paid Sick Leave Law of Sorts
  Effective July 1, 2017, Georgia’s employers will have to contend with a new paid sick leave law. But unlike other jurisdictions that impose paid sick leave mandates, Georgia’s law only applies to employers who already offer paid sick leave benefits to their employees.
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• 5/15/2017
  Labor and Employment Alert: Court Faults Employer for Failing to Provide Accurate Information Regarding Life Insurance Conversion
  A federal court recently ordered an employer, WellStar Health System Inc., to pay $750,000.00 to a former employee’s widow for breaching its fiduciary duty in administering its group life insurance plan.
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• Spring 2017
  • Elizabeth E.W. Weinewuth
  Wilson v. Lawrence: Ohio Supreme Court Upholds Strict Interpretation of Statute Governing Presentment of Claims Against Estates; Rejects Argument of Substantial Compliance
  Creditors of Ohio estates have little room for error under a decision handed down by the Supreme Court of Ohio on April 19, 2017.
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• Spring 2017
  • Robin K. Capozzi
  • Shane D. Sclichter
  • David M. Aldous
  What is a “High Volatility Commercial Real Estate” Loan, and How Does it Affect Your Ability to Lend?
  More and more, bankers are becoming familiar with the term “High Volatility Commercial Real Estate,” or HVCRE for short.
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• Spring 2017
  • Jeffery E. Smith
  Time Again for a Governance “Tune-up”
  The financial services industry has seemingly passed out of the dark shadows of the post-2008 “crisis” period. Now, the “Trump Effect,” as well as other factors, are influencing industry stock prices positively and generating a renewed interest in M&A and related matters in the financial services industry.
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• Spring 2017
  • Jeffrey A. Marks
  • Jeffrey W. Bieszczak
  Recent Court Decisions Affecting Lenders in Restructuring and Other Workout Matters
  In a continuing effort to alert our lender clients and other friends to developments in the bankruptcy, restructuring, workout and creditors’ rights space, provided below is a summary of recent noteworthy court decisions.
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• 5/12/2017
  Labor and Employment Alert: West Virginia’s Safer Workplace Act Dramatically Revises the State’s Drug Testing Policies
  West Virginia recently enacted the Safer Workplace Act to advance “the confidence of West Virginia workers that they are in safe workplaces ... by recognizing the right of West Virginia’s employers to require mandatory drug testing.”
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• 5/11/2017
  Labor and Employment Alert: California Supreme Court Grants Employers ‘Day Of Rest’ From Class Actions
  California’s Labor Code ensures employees a “day of rest” by providing that every employee “is entitled to one day‘s rest therefrom in seven" and that "no employer of labor shall cause his employees to work more than six days in seven."
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• 5/2/2017
  Whistleblower Defense Alert: The Third Circuit Confirms Broad Power of Escobar’s Materiality Requirements
  On May 1, 2017, the Third Circuit affirmed the dismissal of a False Claims Act (FCA) case in which the eelator had asserted that Genentech concealed information about side effects of its cancer drug, Avastin. U.S. ex rel. Petratos, v. Genentech Inc., et al., Case No. 15-3805 (3rd Cir. May 1, 2017).
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• 5/2/2017
  Client Alert: Supreme Court Allows Cities To Sue Banks For Predatory Lending Under Fair Housing Act
  The Supreme Court ruled on Monday that cities have standing under the Fair Housing Act (FHA) to sue banks based on allegations of discriminatory lending practices that purportedly led to economic losses for the cities through lower tax revenues and increased demand for city services.
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• 5/1/2017
  Labor and Employment Alert: OSHA Changes Direction and No Longer Allows Non-employee Union Reps on Safety Inspections
  The Occupational Safety and Health Administration (OSHA) no longer asserts that non-employee union representatives have the right to attend workplace safety inspections.
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• 5/1/2017
  • Nita Garg
  Texas Senate Passes Bill Easing Restrictions on Telemedicine
  Jonathan Ishee and Nita Garg, health care attorneys in the Vorys Houston office, co-authored an article for the Houston Business Journal’swebsite titled “Texas Senate Passes Bill Easing Restrictions on Telemedicine.”
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April

• 4/28/2017
  Client Alert: McHenry v. McHenry: Ohio Fifth Appellate District Rejects Rule of Proportionality for Attorney Fee Awards in Trust Cases; Upholds Award of Appellate Attorneys’ Fees
  On April 26, 2017, the Ohio Fifth Appellate District rejected a rule of proportionality in awarding attorneys’ fees in trust litigation.
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• 4/26/2017
  Labor and Employment Alert: Court Holds That Selling Medical Marijuana at Work Is Not Protected Conduct
  Medical marijuana has been legal in Michigan since 2008, and more than 200,000 patients currently grow their own marijuana or obtain marijuana from 37,000 state-registered caregivers.
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• 4/26/2017
  Client Alert: White Collar Crime Will Remain a DOJ Enforcement Priority
  On April 24, 2017, U.S. Attorney General Jeff Sessions announced that the Department of Justice (DOJ) will remain committed to enforcing laws relating to corporate misconduct and other white collar crime.
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• 4/21/2017
  Client Alert: Wilson v. Lawrence: Ohio Supreme Court Upholds Strict Interpretation of Statute Governing Presentment of Claims Against Estates; Rejects Argument of Substantial Compliance
  Creditors of Ohio estates have little room for error under a decision handed down by the Supreme Court of Ohio on April 19, 2017.
  Read more »
• 4/20/2017
  Labor and Employment Alert: West Virginia Becomes the 29^th State to Permit Medical Marijuana
  On April 19, 2017, West Virginia Governor Jim Justice signed Senate Bill 386 allowing the use of medical marijuana in the state. The law creates a medical cannabis commission that will adopt the necessary regulations for the state’s Bureau of Public Health to issue marijuana patient identification cards beginning on July 1, 2019. The bureau also will inspect medical marijuana business, process applications, and issue business licenses to a limited number of growers and dispensaries.
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