Insights
Insights
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- Last week, the District of Kansas granted summary judgment to Boeing in U.S. ex rel. Smith v. The Boeing Company, Case No. 05-10730MLB (D. Kan.), a False Claims Act case in which the qui tam relators effectively tried to second-guess the professional judgment of the Federal Aviation Administration (FAA).
- One of the Equal Employment Opportunity Commission’s (EEOC) enforcement priorities is to target policies that discourage or prohibit individuals from exercising their rights under employment discrimination statutes or that impede the EEOC's investigative or enforcement efforts. Recently, the EEOC has targeted settlement provisions that appear to prohibit filing EEOC charges or that appear to restrict the ability of an employee to provide the EEOC with information to assist in investigating and prosecuting discrimination claims.
- Today, a business’s online reputation is a large component of how it is perceived by customers and potential customers. Businesses must be aware of what customers are saying about them online and via social media.
- Yesterday, the United States Supreme Court heard oral arguments in Integrity Staffing Solutions, Inc. v. Busk, U.S., No. 13-433, which will address whether the Fair Labor Standards Act (FLSA), as amended by the Portal-to-Portal Act, requires payment for time employees spend waiting for and engaging in security screenings at the end of a shift.
- Workplace bullying is a topic that is garnering a lot of attention. A new poll commissioned by CareerBuilder found that 28% of workers feel that they have been bullied at work and 19% of those workers have left their jobs because of the bullying. Twenty-Seven percent of those bullied are management employees (manager, director, team leader, vice president and above); 19% of employees bullied earn more than $50,000 a year.
- Effective January 1, 2015, Ohio’s minimum wage will increase to $8.10 an hour for non-tipped employees, and $4.05 for tipped employees. The increase applies to employers with more than $297,000 in annual gross receipts.
- If given the opportunity, anyone that has been defamed on Reddit would surely “downvote” the popular website for its policy on defamation removal. According to Reddit, it is uncommon for administrators of the website – self-branded as “a source for what’s new and popular on the web” – to remove defamatory content.
- Paige Kohn, an associate in the Vorys Columbus office and a member of the litigation group, authored “Legal Industry Moves Away From Billable Hour to Alternative Fee Arrangements” for the October 2014 edition of Columbus C.E.O. magazine.
- Dave Froling and Jeffrey Miller, attorneys in the Vorys Columbus office and members of the tax group, co-authored an article titled “The Ohio Supreme Court Decides Two Important Municipal Income Tax Cases Involving the Ohio Constitution” for the Fall 2014 edition of the Journal of State Taxation.
- Whitney Gibson co-authored an article for Texas Lawyer titled “SCOTX Internet Defamation Ruling Helps Mitigate Damages.”
- On September 26, 2014, the Ohio Seventh District Court of Appeals in Hupp et al. v. Beck Energy Corp. et al. reaffirmed the ongoing viability of several typical oil and gas lease terms in Ohio, reversing a lower court decision that had held that commonly-used habendum clause and delay rental provisions created no-term leases that violated public policy and were therefore void from their very inception.
- Natalia Steele, an associate in the Vorys Cleveland office and a member of the litigation group, authored an article for the American Bar Association Insurance Services: Safe Talk newsletter. The article highlighted the increasing trend of lawsuits being filed against banks and their directors and officers on behalf of shareholders regarding a bank merger or acquisition.
- It is no secret that people are more comfortable publishing harmful statements on the internet when their identities are masked. As such, the sources of internet defamation and other online reputation attacks typically publish damaging content anonymously or pseudonymously.
- Allen Kinzer, a partner in the Vorys Columbus office and a member of the labor and employment group, authored an article titled “Bonus Dispute Makes DOL Seem Like 'Department Of Languor'” for Employment Law360.
- Businesses and individuals have increasingly become victims of false online reviews. When a party has been the subject of such damaging internet posts, there are a variety of techniques an attorney or other hired professional (e.g. PR or ORM expert) can utilize to assist his or her client.
- The latest edition of the Ohio Statehouse Update covers two high profile pieces of legislation that were passed this spring, as well as ongoing legislative committee hearings and meetings regarding pending bills and policy issues.
- Whitney Gibson, a partner in the Cincinnati office and the leader of the firm’s internet defamation group, authored an article for Social Media Explorer about “Twitter parties.”
- If your company sponsors a self-insured health plan, there are two November deadlines you may have overlooked in the midst of preparation for the ACA’s pay or play penalties and 2015 open enrollment.
- Now that Ohio’s Captive Insurance Legislation is effective, companies are likely thinking: “What are my next steps?” Each Captive is unique and its creation and operation will depend on a number of factors, including the business purpose behind forming the Captive. A company considering the use of a Captive will need to weigh the positives and negatives associated with forming and operating a Captive.
- With developments over the recent years that include a number of high profile data breaches (e.g., Snowden and Target), the National Institute of Standards and Technology release of its recommendations titled the "Framework for Improving Critical Infrastructure Cybersecurity," and the enhanced regulatory exam focus on identifying an institution’s preparation and protections related to cyber risks, institutions and boards that fail to focus and create plans to deal with cyber risks do so at their own peril.
October
David A. Froling
Jeffrey Allen MillerSeptember
Natalia Steele
Allen S. KinzerInsights
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