Insights
Insights
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- Carey Jordan, a partner in the Houston office and a member of the intellectual property group, authored an article for IPWatchdog titled "Strategic Uses of New USPTO Initiatives and Procedures: How to Improve Prosecution Expedience."
- Whitney Gibson, the head of the Vorys internet defamation practice, authored an article for Columbus C.E.O. magazine on the importance of online reputations in the digital age.
- Many companies and businesses want to control the distribution of their products and do not want their products sold by third parties on the internet, especially below retail prices. Vorys Partner Whitney Gibson authored a white paper to help companies learn about strategies they can use to reduce unauthorized sales and ensure safe product distribution.
- With the boom in oil and gas production issues in Ohio, irrespective of the type, charter bank and thrift lenders can find a significant resource for safe and sound lending guidance in the newly issued addition to the Comptroller’s Handbook on “Oil and Gas Production Lending.”
- Capping one of the most significant periods of antitrust enforcement in the history of the health care industry, today the Sixth Circuit delivered its opinion in ProMedica Health System, Inc. vs. Federal Trade Commission (No. 12-3583), denying ProMedica’s petition for review of the Federal Trade Commission’s (FTC) prior order, directing the divestiture of ProMedica’s acquisition of St. Luke’s Hospital in Toledo, Ohio.
- Physicians are vulnerable to reputation attacks for a number of reasons, and false reviews are especially challenging to physicians because of HIPAA restrictions. Unlike, say, a restaurant owner hoping to practice damage control and remedy a customer’s bad experience, a physician obviously cannot register a Yelp account and respond to an angry patient.
- Fifteen states and the District of Columbia have laws that restrict the collection of personal identification information at the point of sale when payment is made by a credit card. Retailers received good news recently from the U.S. District Court for the District of Columbia in Hancock v. Urban Outfitters.
- The Supreme Court of Ohio issued its decision dated March 4, 2014, in the case of FirstMerit Bank, N.A. v. Inks, et al (2014-Ohio-789), confirming important Ohio statutory protections for lenders in workout situations under Ohio Revised Code Section 1335.05.
- When the New York attorney general’s office cracked down on 19 companies in September for false reviews, it sent a loud and clear message to many businesses. For others, the combined $350,000 in fines may have simply been a wakeup call to get more creative with their deceptive online advertising practices.
- On April 9, 2014, following the release of an injunction against the disclosure of the information, Centers for Medicare and Medicaid Services (CMS) posted all Medicare provider and utilization data (data) on its website.
- It is not uncommon for people to create fake social media profiles of celebrities and other public figures. Unfortunately, some people also imitate non-public figures, often for harassment purposes. This is especially problematic on Facebook, which refers to these accounts as “impostor Timelines.”
- In Walker v. Noon, the Seventh District Court of Appeals recently addressed two issues concerning the 1989 version of the Ohio Dormant Mineral Act (DMA). In Walker, the Court of appeals held: (1) for the purposes of the DMA, a severed mineral interest was not the “subject of” a title transaction that conveyed the surface with a restatement of a prior mineral reservation; (2) the 1989 version of the DMA automatically vested a surface owner with a severed mineral interest where no savings events occurred within the statute’s look-back period, and that such vesting was not disturbed by the amendment of the DMA in 2006.
- Kevin M. Gormly and Melissa McCoy Gormly, attorneys in the Vorys Pittsburgh office and members of the energy group, recently obtained a preliminary injunction in the U. S. District Court for the Western District of Pennsylvania on behalf of ION Geophysical Corporation. In the case, Hempfield Township attempted to prevent ION from conducting seismic testing on the township’s roads and rights-of-way. Instead of passing an ordinance regulating or banning seismic testing, the township had its solicitor send ION a letter informing ION that the township would not permit such seismic activity.
- This is the 2nd of 4 installments on tips when contracting for technology products and services. Every business runs at least in part on technology – and when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry.
- Lisa Pierce Reisz, a partner in the Vorys Columbus office and a member of the health care group, authored a portion of the first edition of the American Health Lawyers Association’s HIPAA/HITECH Resource Guide.
- This is the 1st of 4 installments on tips when contracting for technology products and services. Every business runs at least in part on technology – and, when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry.
- Sylvia Brown, an associate in the Vorys Columbus office and a member of the health care group, authored a column titled “No Settled Answers On State Medicaid Waivers," which appeared in the March 31, 2014 edition of Health Law360.
- Evelyn Lundberg Stratton, of counsel in the Vorys Columbus office and a member of the litigation group, authored an article for the National Law Journal titled "The Judge's Role As an Agent of Change."
- Yesterday, the NLRB’s regional director for Region 13, Peter Ohr, issued a 24-page ruling in which he held that college football players at Northwestern University were employees entitled to the right to organize. Ohr reasoned that the players met the standard for an employee under the NLRA and common law: a person performing services for another under a contract of hire, subject to the employer’s control or right of control, in return for payment.
- A recent False Claims Act decision serves as an important reminder that although qui tam relators may “stand in the shoes” of the government for purposes of bringing a lawsuit, they are not entitled to substitute their judgment for that of key government decision-makers to avoid summary judgment.
April
Carey C. Jordan
Lisa Pierce ReiszMarch
Evelyn Lundberg StrattonInsights
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