Insights

October

• 10/15/2015
  FTC Sues Company Seeking to Prevent Customers’ Negative Online Reviews
  Last month, the Federal Trade Commission (FTC) filed suit in the Middle District of Florida against two companies and their principals over a “gag” clause aimed at preventing negative reviews.
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• 10/13/2015
  Client Alert: Beware of Trademark Scams - More than your Money is at Stake
  Your company spends vast resources developing and protecting its brand. A brand or trademark is shorthand communication for your company’s values and the quality of your products or services. Obtaining a trademark registration from the United States Patent and Trademark Office (USPTO) provides the fullest protection under the law.
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• 10/9/2015
  Labor and Employment Alert: D.C. Introduces Nation’s Most Generous Paid Leave Law
  On October 6, 2015, the District of Columbia Council introduced the “Universal Paid Leave Act of 2015,” which would require up to 16 weeks of paid family leave and 16 weeks of paid medical leave per year. Although just introduced, the legislation currently has the support of a majority of the D.C. Council. If enacted, it will affect the budget and operations of D.C. employers.
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• 10/9/2015
  Hyperlink to 2012 Article at Issue in Delaware Internet Defamation Case
  The Delaware Court of Chancery is considering an argument that a hyperlink to an allegedly defamatory article, for purposes of overcoming a statute of limitations defense, constitutes republication.
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• 10/8/2015
  Labor and Employment Alert: California’s New Fair Pay Act Demands Equal Pay for Comparable Work
  Beginning January 1, 2016, California may have the most stringent equal pay law in the country. California’s new Fair Pay Act makes it easier for plaintiffs to assert gender-based wage claims and more difficult for employers to defend against them.
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• 10/8/2015
  Embrace Inevitable Change in Legal Services Profession, Conference Speakers Say
  Ray Pinkham, an associate in the Vorys Washington, D.C. office and member of the litigation group, authored an article for the ABA/BNA Lawyers’ Manual on Professional Conduct titled “Embrace Inevitable Change in Legal Services Profession, Conference Speakers Say.”
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• 10/7/2015
  Labor and Employment Alert: A Small But Meaningful Change to California’s Private Attorneys General Act for Employers
  On October 2, 2015, California enacted AB 1506 to amend its Private Attorneys General Act (commonly referred to as PAGA) to address the increase in class action litigation over minor, technical violations of itemized wage statements.
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• 10/7/2015
  Oil and Gas Alert: U.S. EPA Enforcing Emissions Standards for Storage Vessels
  In September 2015, U.S. EPA published a Compliance Alert addressing compliance concerns regarding emissions from controlled storage vessels at oil and natural gas production facilities.
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• 10/5/2015
  • Jessica Knopp Cunning
  The Future of Drones is Now, Even if the Law is a Bit in Limbo
  Jessica Knopp Cunning, an associate in the Vorys Akron office and a member of the litigation group, authored an article for Crain’s Cleveland Business titled “The Future of Drones is Now, Even if the Law is a Bit in Limbo.”
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• Fall 2015
  • David A. Froling
  Ohio Supreme Court Decision on Bright-Line Domicile Creates Uncertainty Going Forward – Ohio’s Bright-Line Test Is Not So Bright
  Dave Froling and John Petzinger, attorneys in the Vorys Columbus office and members of the tax group, co-authored an article titled “Ohio Supreme Court Decision on Bright-Line Domicile Creates Uncertainty Going Forward – Ohio’s Bright-Line Test Is Not So Bright” for the Fall 2015 edition of the Journal of State Taxation.
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September

• 9/30/2015
  Labor and Employment Alert: The OFCCP Launches ‘Class Member Locator’ Website to Troll for Plaintiffs
  This week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) commenced its “Class Member Locator” website in support of the president’s Transparency and Open Government Initiative. The website’s purpose is to identify and “locate as many class members as possible” who may have been victims of discrimination with a federal contractor.
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• 9/28/2015
  • Julie K. Brown
  How to Decide Who Handles Your E-Discovery
  Julie Brown, Vorys’ litigation technology executive manager, authored an article for Corporate Counsel titled “How to Decide Who Handles Your E-Discovery.”
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• 9/25/2015
  Unauthorized Online Sales Problematic for Businesses
  Many businesses today are finding their products being sold online without their permission, often on third-party websites. While the First Sale Doctrine generally permits buyers to resell others’ trademarked goods without incurring any liability, it does not apply when a reseller sells goods that are materially different from the genuine goods sold by a trademark owner.
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• 9/24/2015
  Labor and Employment Alert: Click Here - NLRB Accepts Electronic Signatures For Election Petitions
  The National Labor Relations Board (NLRB) released its most recent in a string of pro-union decisions in the form of a new guidance memorandum from its General Counsel (GC). In the “quickie” or “ambush” election rulemaking, the NLRB had directed the GC to issue guidance on whether electronic signatures should be accepted for the showing of interest required of a union.
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• 9/21/2015
  • Victor J. Ferguson
  • David A. Groenke
  • Emily S. Pan
  • David A. Swift
  • Mark E. Vannatta
  Becoming a Nonresident of Ohio for Individual Income Tax Purposes
  There are three federal wealth transfer taxes: (1) the estate tax; (2) the gift tax; and (3) the generation-skipping transfer (GST) tax.
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• 9/16/2015
  State and Local Tax Alert: Board of Tax Appeals Decides First Case Concerning Allocation of Property Taxes from Horizontal Drilling
  The Ohio Board of Tax Appeals (BTA) recently decided what we believe is its first case concerning the allocation of property taxes from horizontal drilling. In the case, the BTA affirmed the Harrison County Board of Revision’s decision dismissing a complaint filed by a local taxing authority challenging the allocation of the tax revenue.
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• 9/14/2015
  Your Insurance May Not Cover Website Disability Claims
  Steven Becker, a partner in the Vorys Washington, D.C. office, authored a column titled “Your Insurance May Not Cover Website Disability Claims” for the September 14, 2015 edition of Retail Law360.
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• 9/14/2015
  • Nelson D. Cary
  • George L. Stevens
  When Calling The Police Is Permissible Under Labor Law
  Nelson Cary, a partner in the Vorys Columbus office, and George Stevens, an associate in the Columbus office, co-authored an article for Employment Law360 titled “When Calling The Police Is Permissible Under Labor Law.”
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• 9/11/2015
  Labor and Employment Alert: U.S. Department of Labor Prohibits Federal Contractor Pay Secrecy
  On September 11, 2015, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its Final Rule on pay transparency in federal contracts. According to the Department of Labor (DOL), this rule “provides a critical tool to encourage pay transparency, so workers have a potential way of discovering violations of equal pay laws and can seek appropriate remedies.”
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• 9/10/2015
  Client Alert: New Patent Infringement Decision Could Pose Problems for E-Commerce Business
  In August, the United States Court of Appeals for the Federal Circuit, the federal appellate court with national jurisdiction over patent lawsuits, issued its decision in Limelight Networks, Inc. v. Akamai Technologies, Inc.
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