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Insights
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- On Wednesday, June 11, 2014, the Substance Abuse and Mental Health Services Administration (SAMHSA) will hold a public listening session to solicit information regarding the Confidentiality of Alcohol and Drug Abuse Patient Records Regulations, 42 C.F.R. Part 2. Under these regulations, a federally assisted substance abuse program generally may only release identifiable patient information related to substance abuse treatment services with the individual’s express consent.
- Whitney Gibson co-authored an article for Texas Lawyer titled “Five Things to Consider Before Filing an Internet Defamation Claim.”
- Whitney Gibson, a partner in the Vorys Cincinnati office and the leader of the firm’s internet defamation practice, authored an article for eSchool News about social media usage and teens.
- Jeffrey E. Smith, Anthony D. Weis and Thomas O. Ruby, partners in the Columbus office, authored this article on Issues in Participation Agreements, Continued for the Spring 2014 issue of The Bankers' Statement.
- Brenda K. Bowers, of counsel in the Columbus office, authored this article on Ohio House Bill — The Ohio Legacy Trust Act and Due Diligence Concerns for the Spring 2014 issue of The Bankers' Statement.
- Susanne M. Hopkins, a partner in the Washington, D.C. office, authored this article on Patent Trolls Continue to Target Financial Institutions, but Change May Be Near for the Spring 2014 issue of The Bankers' Statement.
- David A. Froling, a partner in the Columbus office, authored this article on New Focus on Tax Sharing Agreements for Financial Institutions for the Spring 2014 issue of The Bankers' Statement.
- A recent decision dismissing a whistleblower’s complaint with prejudice is good news for companies facing a False Claims Act (FCA) case that turns on the interpretation of a regulation or contractual provision. In U.S. ex rel. Thompson v. Honeywell Int’l, Inc., Case No. CV 12-2214-JAK (C.D. Cal.), the court articulated a clear and defendant-friendly formulation of the pleading standard for scienter in such cases.
- On June 2, 2014, the Supreme Court issued a unanimous decision in the case of Limelight Networks, Inc. v. Akamai Technologies, Inc. (Case No. 12-786), that will have the immediate impact of limiting liability for inducement to infringe under 35 U.S.C. § 271(b) where no party is liable for direct infringement under §271(a). In at least the short-term future, defendants accused in a patent suit of inducing infringement of a method claim, where no one party has performed or controlled the performance of all steps of the method, should have a solid basis for seeking dismissal of that suit for failure to state a cause of action.
- 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. 2. The article covered the Pennsylvania Supreme Court Act 13 decision, the new provisions of the Pennsylvania Oil and Gas Lease Act, Pennsylvania natural gas severance tax, and seismic testing litigation.
- Paige Kohn, an associate in the Vorys Columbus office and a member of the litigation group, authored “E-Data Explosion: Growth in Electronic Information Drives New Costs and Approaches to Litigation” for the June 2014 edition of Columbus C.E.O. magazine.
- Vorys Attorneys Fredrick Waite, Kimberly Young and William Barrett authored an article for Prime Magazine, which is published by Steel Orbis. The article, was titled "US Whistleblower Statute Aims to Combat Schemes to Evade AD/CVD Duties."
- Carey Jordan and Iona Kaiser, partners in the Houston office and members of the intellectual property group, co-authored an article for Intellectual Property & Technology Law Journal titled "Working with Inventors Post-AIA: Managing Inventor Challenges and Preventing Common Mistakes."
- Legislators returned to Columbus this week after the Memorial Day weekend for what is likely their last two weeks of work before they break for the summer. Several high profile bills are scheduled for action before the summer break. They include SB 310, a controversial measure to put a two-year freeze on renewable and alternative energy standards, and HB 483, one of the Mid Biennial Budget Review (MBR) bills introduced by Governor John Kasich earlier this year.
- The Ohio Senate last week passed the state’s main mid-biennium budget bill, Substitute House Bill 483 (HB 483). HB 483 now heads to a conference committee to be reconciled with the version of HB 483 passed by the Ohio House. HB 483 includes a number of proposed tax law changes. Meanwhile, the Ohio Senate Finance Committee amended Substitute House Bill 492 (HB 492) last week to include a number of proposed tax law changes. HB 492 now heads to the full Senate for consideration.
- Whitney Gibson, a partner in the Vorys Cincinnati office and the leader of the firm’s internet defamation practice, authored an article titled “Should you pay bloggers for product reviews?” for PR Daily.
- Whitney Gibson and Jordan Cohen, attorneys in the Vorys Cincinnati office and members of the internet defamation group, authored an article for Hospitality Law360 titled "Hotels Must Be Proactive About Improving Online Reviews."
- The Ohio House Finance and Appropriations Committee recently amended Amended Substitute Senate Bill 263 (SB 263) to expand the bad debt sales tax deduction. The amendment would extend the sales tax deduction to retailer vendors that make sales to customers through private label credit cards when the consumers later default, i.e., fail to pay the full purchase price to the credit card lender. Thus, in these special circumstances, the bad debt may be incurred by the lender, not just the vendor.
- This is the 4th 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.
- On May 14, 2014, a substitute version of House Bill 375 (the Bill) was passed by the Ohio House of Representatives. The Bill contains several significant changes to the version of House Bill 375 that was first introduced in December 2013. If enacted, the Bill would make several significant changes to Ohio’s existing oil and gas severance tax laws. The most significant proposed changes in the Bill are summarized in this alert.
June
Jeffery E. Smith
Anthony D. Weis
Brenda K. Bowers
David A. Froling
Frederick P. Waite
Kimberly R. Young
Carey C. Jordan
Iona N. KaiserMay
Insights
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