Insights

January

• 1/2/2019
  Client Alert: New IRS Guidance Addresses the Tax Cost of Providing Parking to Employees, Even for Tax-Exempt Employers
  Starting in 2018, an employer is no longer able to deduct the expense associated with “any parking” provided to employees on or near the workplace. 
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• 1/1/2019
  • Elisabeth R. Healey
  Economics of Diversity
  Elisabeth Healey, an associate in Vorys Pittsburgh office and a member of the technology and intellectual property group, co-authored an article for the Intellectual Property Organization titled "Economics of Diversity." 
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December

• 12/31/2018
  Labor and Employment Alert: Massachusetts Tightens its Ban-The-Box Law
  Massachusetts is one of 11 states that currently mandate removing criminal history questions from job applications for private employers. These states are California, Connecticut, Hawaii, Illinois, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, and Washington. At least 17 cities and counties across the country have also extended these requirements to private employers. The beginning of the new year is a good time for employers to review their hiring policies and procedures and what information they collect from applicants in this regard.
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• 12/28/2018
  State and Local Tax Alert: Ohio Sales Tax on Janitorial Services Clarified: All Cleaning Services Are Not the Same (Especially When the Services Relate to Beer)
  The Ohio Supreme Court has done it again.  It announced a sales and use tax decision two days after Christmas and a few days before New Year’s Eve.  Great Lakes Bar Control, Inc. v. Testa (12‑27‑18), Slip Op. No. 2018‑Ohio‑5207.  (The Court released its sales and use tax decision involving bobblehead dolls and the resale exemption the day before Thanksgiving.)  Thus, in the spirit of holiday celebration, I again take pen in hand to write this alert.
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• 12/26/2018
  • Thomas H. Fusonie
  • Daniel E. Shuey
  • Andrew P. Guran
  President Trump Signs Bipartisan Farm Bill
  Every five years, Congress passes legislation that sets national agriculture, nutrition, conservation, and forestry policy.  Significantly, the Farm Bill contains various provisions that will impact the agriculture industry.
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• 12/26/2018
  Securities Alert: Securities and Exchange Commission Adopts Final Hedging Disclosure Rules
  On December 18, 2018, the Securities and Exchange Commission (SEC) adopted a final rule implementing Section 955 of the Dodd-Frank Wall Street Reform and Consumer Protection Act which required the SEC to establish rules requiring companies to disclose whether their employees or directors are permitted to hedge the market value of equity securities granted as compensation to, or held by, employees or directors.
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• 12/21/2018
  Client Alert: 2018 “Farm Bill” Creates New Opportunities for Patients, Producers of Hemp-Derived CBD
  On December 20, 2018, President Trump signed the Agricultural Improvement Act of 2018, popularly known as the “Farm Bill” of 2018, into law.
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• 12/20/2018
  • Victor J. Ferguson
  • John F. Furniss III
  • David A. Groenke
  • Emily S. Pan
  • Michael G. Schwartz
  • David A. Swift
  • Mark E. Vannatta
  • Suzanne R. Galyardt
  • Karen M. Moore
  • Michelle L. Clemons
  • Colleen B. Laux
  No Clawback - A Holiday Gift From The IRS
  In the 2017 Tax Act, the “basic exclusion amount” was doubled from $5,000,000 to $10,000,000.
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• 12/18/2018
  State and Local Tax Alert: Ohio Supreme Court Decision on Employment Services Requires Closer Analysis; Broad Tax Exclusion Not Likely Intended
  For nearly 30 years, Ohio taxpayers have been searching for an “easy answer” to avoid sales tax on employment services. The recent decision by the Ohio Supreme Court in Seaton Corp. v. Testa may give some searchers hope.
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• 12/18/2018
  Labor and Employment Alert: District Court Holds ACA Unconstitutional – But That’s Not The Final Word On The Issue
  On December 14, 2018, a District Court in Texas held that the Affordable Care Act (ACA) is unconstitutional.  Texas v. United States, No. 4:18-cv-00167 (N.D. Tex. 12/14/2018).   While the case makes its way through the appeal process, group health plan sponsors should continue to comply with the ACA.
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• 12/14/2018
  Oil and Gas Alert: Supreme Court of Ohio Clarifies Ohio Marketable Title Act
  On December 13, 2018, the Supreme Court of Ohio clarified the preservation of interests under the Ohio Marketable Title Act (OMTA).
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• 12/11/2018
  State and Local Tax Alert: When 'Pi in the Sky' is Too Good to be True: Ohio Sales Tax and Aircraft Leasing
  The Ohio Supreme Court issued a second sales tax decision involving the sale-for-resale exemption in as many weeks.
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• 12/4/2018
  Client Alert: New IRS Proposed Regulations Under Section 956 Substantially Reduce ‘Deemed Dividend’ Concerns With Respect To The Use Of Foreign Credit Support For US Corporate Financings
  On October 31, 2018, the Internal Revenue Service and the Department of the Treasury released proposed regulations under Section 956 of the Internal Revenue Code (Proposed Regulations) that, for certain U.S. corporate shareholders, generally undo the “deemed dividend” rules that have applied to foreign corporate subsidiaries for decades.
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• 12/4/2018
  Intellectual Property Alert: Federal Circuit Finds Computer Security Innovation to be Patent-Eligible
  The U.S. Court of Appeals for the Federal Circuit has once again held that a software innovation is eligible for patenting as a claimed improvement in computer functionality.
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• 12/3/2018
  Labor and Employment Alert: Deadline to Distribute 2018 Form 1095-Cs to Employees Extended
  On November 29, 2018, the IRS announced a 32-day extension of the deadline to distribute 2018 Form 1095-Cs to employees.
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November

• 11/30/2018
  Client Alert: Pennsylvania Supreme Court Requires Employers to Protect Employee Information from Computer Hacks
  On November 21, 2018, the Pennsylvania Supreme Court issued a far-reaching decision that “an employer has a legal duty to exercise reasonable care to safeguard its employees’ sensitive personal information stored by the employer on an internet-accessible computer system.”
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• 11/27/2018
  • Thomas H. Fusonie
  • Daniel E. Shuey
  • Andrew P. Guran
  Nuisance Lawsuits May Threaten Livestock Farmers
  Vorys attorneys Tom Fusonie, Dan Shuey and Andrew Guran co-authored an article for Farm and Dairy titled “Nuisance Lawsuits May Threaten Livestock Farmers.”
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• 11/26/2018
  State and Local Tax Alert: Ohio Supreme Court Clarifies Sales Tax Law on Business Purchase of Promotional Items
  This holiday season, Ohio based professional sports teams have at least one tax reason for which they can give thanks. On the day before Thanksgiving, the Ohio Supreme Court announced its decision in Cincinnati Reds, LLC v. Testa (November 21, 2018), Slip Op. 2018 Ohio 4669.
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• 11/21/2018
  Securities Alert: ISS Issues 2019 Proxy Voting Guidelines Updates
  On November 19, 2018, Institutional Shareholder Services Inc. (ISS) released updates to its proxy voting guidelines for 2019 (2019 Updates).
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• 11/20/2018
  Client Alert: Ohio Law Cements a Link for Blockchain Technology
  Earlier this month, Ohio legislation became effective that removes doubt as to the enforceability of electronic signatures, records, and contracts that are secured through blockchain technology. The amendment makes Ohio one of only a few states to expressly identify blockchain technology in its laws – positioning Ohio as a blockchain-friendly state for a technology, around which both regulatory and business uncertainty loom due to its infancy and breadth of potential applications.
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