Insights

October

• 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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• 9/10/2015
  Labor and Employment Alert: President Obama Requires Federal Contractors to Provide Paid Sick Leave
  On Labor Day, President Obama signed an Executive Order establishing paid sick leave for employees of federal contractors and subcontractors. This is similar to what several states and cities have mandated for private employers (including Oregon; Montgomery County, Maryland; and Pittsburgh, Pennsylvania). The Executive Order’s requirements apply to all covered federal contracts that are solicited or awarded on and after January 1, 2017.
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• 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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