Insights

November

• 11/6/2019
  Client Alert: USDA To Begin Reviewing State Hemp Plans and Producer License Applications
  On October 31, 2019, the U.S. Department of Agriculture (USDA) published in the Federal Register an interim final rule which – as required by last December’s Agricultural Improvement Act of 2018 (popularly known as the “2018 Farm Bill”)
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• 11/6/2019
  Labor and Employment Alert: New Proposed Electronic Disclosure Rule Would Permit Information to be Posted on a Website … But Only for Retirement Plans
  On October 23, 2019, the U.S. Department of Labor (DOL) published proposed regulations on a new safe harbor for electronic disclosures for retirement plans governed by ERISA.
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• 11/6/2019
  Benefits Alert: New Proposed Electronic Disclosure Rule Would Permit Information to be Posted on a Website … But Only for Retirement Plans
  On October 23, 2019, the U.S. Department of Labor (DOL) published proposed regulations on a new safe harbor for electronic disclosures for retirement plans governed by ERISA.
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• 11/5/2019
  • Nicholas M.J. Ray
  • Kenneth R. West
  • David M. Aldous
  • Lauren M. Johnson
  • Andrew E. DeBord
  • Lindsay Doss Spillman
  • Hilary J. Houston
  • Steven L. Smiseck
  • Megan Savage Knox
  • Anthony L. Ehler
  • David A. Froling
  • Scott J. Ziance
  • Steven R. Rech
  Valuation Analyses
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October

• 10/29/2019
  State and Local Tax Alert:  Sales Tax on Data and Communication Cabling Just Changed. Does It Impact You?
  The Ohio Board of Tax Appeals (BTA) recently issued a decision that reverses 20 years of case precedent regarding the classification of voice and internet cable installed into commercial buildings. 
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• 10/24/2019
  Benefits Alert: The Uncertain Status of Prescription Drug Copay Accumulator Programs
  Now that PBMs are able to track copay coupons using copay accumulator programs, additional guidance is needed from the IRS to determine whether plan sponsors are required to implement copay accumulator programs for HSA-compatible HDHPs. 
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• 10/23/2019
  Client Alert: Jury Clears 5-Hour Energy of Liability for Antitrust Violations, But the Damage Is Done
  On October 21, 2019, a jury found that the maker of 5-Hour Energy – Living Essentials LLC – did not violate the Robinson-Patman Act when it offered Costco lower wholesale prices and instant rebates that it didn’t make available to other resellers. 
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• 10/22/2019
  Labor and Employment Alert: Illinois’ Workplace Transparency Act Imposes New Training and Reporting Obligations on Employers (Part II)
  As we previously reported in Part I of this series, the Illinois Workplace Transparency Act (WTA) will significantly change the contours of employment, separation, and settlement agreements when it becomes effective on January 1, 2020.
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• 10/22/2019
  Managing Whistleblowers from an Employer’s Perspective
  Jeff Heller, of counsel in the Vorys Houston office and a member of the labor and employment group, authored an article for Texas Lawyer titled “Managing Whistleblowers from an Employer’s Perspective.” 
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• 10/21/2019
  Illinois’ Workplace Transparency Act Limits Certain Workplace Agreements (Part I)
  The new Illinois Workplace Transparency Act (WTA) significantly changes the contours of employment, separation, and settlement agreements in Illinois.
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• 10/17/2019
  Labor and Employment Alert: Connecticut Extends its Sexual Harassment Training Mandate
  Connecticut, along with California, Delaware, Illinois, Maine and New York, require workplace sexual harassment training.
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• 10/16/2019
  Client Alert: CCPA Amendments Update
  Last Friday, California Governor Gavin Newsom signed several last-minute amendments to the California Consumer Privacy Act (CCPA).
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• 10/14/2019
  Client Alert: Effective October 10, 2019 - The United States Bankruptcy Court for the Southern District of Ohio has Implemented Complex Chapter 11 Procedures
  On October 10, 2019, the United States Bankruptcy Court for the Southern District of Ohio (OHSB) entered General Order 30-2 implementing Complex Chapter 11 procedures.
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• 10/3/2019
  Labor and Employment Alert: New Jersey Bans Pre-Employment Salary Inquiries
  New Jersey recently joined a growing number of states and municipalities that have passed laws prohibiting employers from inquiring into a job applicant’s salary history.
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• 10/2/2019
  Labor and Employment Alert: Final Hardship Regulations Are Here – Get Ready to Amend Your Plans
  On September 23, 2019, the Treasury Department published final regulations affecting hardship distributions for 401(k) and other retirement plans.
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• 10/1/2019
  Oil and Gas Alert: U.S. EPA Proposes Amendments to NSPS Rules for the Oil and Natural Gas Industry
  On September 24, 2019, U.S. EPA proposed amendments to the 2012 and 2016 New Source Performance Standards for the Oil and Natural Gas Industry under 40 CFR (“2012 NSPS” and “2016 NSPS”, respectively).
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September

• 9/26/2019
  Labor and Employment Alert: Beware Potential Benefit Plan Impacts of the Final Overtime Regulations
  In our labor and employment alert on September 25, 2019, we outlined the final regulations narrowing the FLSA exemption and expanding the number of workers eligible for overtime.
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• 9/26/2019
  Client Alert: Ohio Supreme Court Upholds State Prohibition on Local Residency Requirements in Ohio Public Construction Projects
  The Ohio Supreme Court recently held that Ohio Revised Code Section 9.75 does not infringe on municipal home-rule authority.
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• 9/25/2019
  Labor and Employment Alert: Department of Labor Unveils New Overtime Threshold
  Today, the U.S. Department of Labor (DOL) issued a final rule that significantly expands the overtime protections in the Fair Labor Standards Act (FLSA). 
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• Summer 2019
  • Scott A. Herkamp
  Despite Challenges, Cognovits Continue to Drive Ohio’s Favorable Banking Climate
  Lenders in Ohio frequently incorporate cognovits, or confession of judgment provisions, into promissory notes, guaranties and other loan instruments. T
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