Insights

September

• 9/9/2015
  Washington Case Turns on Application of Federal CDA Immunity
  Last week, the Washington Supreme Court handed down a favorable ruling in a case turning on the application of the federal Communications Decency Act of 1996 (CDA) – favorable, that is, for those seeking to hold websites accountable for certain harm arising out of content published on their sites.
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• 9/3/2015
  How to Report Trademark, Other IP Infringement on Facebook
  Outside of handling internet defamation matters and protecting businesses from product diversion/unauthorized online sales, we are often asked about a number of other internet-related issues, including removing intellectual property (IP) infringement from social media websites.
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• 9/1/2015
  • Mark E. Vannatta
  “The Ohio Bright Line Residency Test: It Is Not So Luminous Anymore”
  Mark E. Vannatta, a partner in the Vorys Columbus office, authored an article entitled "The Ohio Bright Line Residency Test: It Is Not So Luminous Anymore" for the Sep/Oct 2015 edition of the Probate Law Journal of Ohio.
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August

• 8/28/2015
  Labor and Employment Alert: It’s All About Control: NLRB Expands Key Joint Employer Rule
  The NLRB dealt a blow to employers yesterday, releasing its long-awaited decision in Browning-Ferris Industries. In a 3-2 decision, the NLRB rolled back nearly 30 years of case law to “restate” its joint employer standard. The result: a far more expansive test that is centered firmly on the question of control -- even indirect or potential control -- over a work force.
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• 8/26/2015
  • Michael C. Griffaton
  Screening Candidates Through Social Media
  Mike Griffaton, of counsel in the Vorys Columbus office and a member of the labor and employment group, authored an article for Recruiting Trends Bulletin titled “Screening Candidates Through Social Media.”
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• 8/25/2015
  Labor and Employment Alert: What’s A Constitution Among Friends?
  In November 2015, Ohio voters will determine whether to ensconce the use of recreational and medical marijuana in the Ohio Constitution.
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• 8/24/2015
  Oil and Gas Alert: Service Company Learns Some Expensive Lessons About Wage-Hour Law in $6 Million Settlement
  Recently, the U.S. District Court for the Western District of Pennsylvania granted preliminary approval to a $6 million class and collective action settlement between Calfrac Well Services Corp. and a class of about 1,300 fracturing, cement, and coil operators. The plaintiffs worked as field operators in Pennsylvania, Colorado, North Dakota, and Arkansas and were paid according to a complicated formula that included a salary, bonuses, and overtime. The case centered on how the operators’ regular rate of pay (the rate which provides the basis for the time-and-a-half overtime premium) should be calculated.
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• 8/24/2015
  Protecting Your Business’s Reputation on the Internet
  According to a recent survey, more consumers are reading online reviews, they are forming opinions based on those reviews quicker, they are paying close attention to star ratings, and – in general – they are highly trusting of online reviews.
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• 8/21/2015
  Oil and Gas Alert: Supreme Court of Kentucky Adopts 'At The Well' Rule For Post-Production Costs; Producers Solely Responsible for Severance Tax Payments
  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.
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• 8/20/2015
  • Nelson D. Cary
  • George L. Stevens
  Why the NLRB Ruled That College Football Players Can’t Unionize
  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.”
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• 8/20/2015
  • Rob Phillips
  Why You Should Talk to your Employees First in a Crisis
  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.
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• 8/18/2015
  Oil and Gas Alert: Ohio Secretary of State Refuses to Place Proposed County Charter Petitions Banning Oil and Gas Activities on the November Ballot
  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.
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• 8/12/2015
  Whistleblower Defense Alert: D.C. Circuit Upholds Assertion of Privilege as to Internal Investigation Documents in FCA Suit
  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.
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• 8/11/2015
  Labor and Employment Alert: Two More Locales Enact Paid Sick Leave Laws
  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.
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• 8/10/2015
  Securities Alert: SEC Adopts Final Pay Ratio Disclosure Requirements
  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).
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• 8/7/2015
  Labor and Employment: Proposed Rule Would Make Websites 'Public Accommodations' under the ADA
  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.
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• 8/6/2015
  Client Alert: Changes to Federal Tax Return Filing Deadlines
  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.
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• 8/6/2015
  Client Alert: Extending Consumer Credit to Active-Duty Military Service Members: Department of Defense Issues Final Rule Implementing the Military Lending Act
  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.
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• May/June 2015
  • Elizabeth E.W. Weinewuth
  Newcomer V. National City Bank Appeal Concludes, Affirms Important Guidance for Ohio Trustees
  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.”
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• 8/3/2015
  Whistleblower Defense Alert: Three Questions Every FCA Defendant Should Ask To Evaluate Whether Claim Preclusion Can Fill The Gap Created By The Supreme Court’s Interpretation Of The First-To-File Rule
  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.
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