Insights
Insights
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- In a much anticipated opinion, the U.S. Court of Appeals for the Ninth Circuit upheld an Idaho district court’s order mandating the unwind of a merger between two health care providers in Nampa, Idaho after determining that the merger violated § 7 of the Clayton Act. In the wake of the FTC’s recent and heightened enforcement in the health care industry, St. Alphonsus Medical Center-Nampa, Inc. v. St. Luke’s Health System, Ltd., No. 14-35173, (9th Cir. Feb. 10, 2015), offers important insight into the hotly debated interplay between the integration encouraged under the Affordable Care Act and the operation of federal antitrust laws.
- A recent Sixth Circuit opinion provides defendants a valuable roadmap for using government witness testimony to defeat False Claims Act (FCA) claims on materiality grounds at the summary judgment stage. In U.S. ex rel. American Systems Consulting, Inc. v. ManTech Advanced Systems Int’l Inc., Case No. 14-3269 (6th Cir.), the court rejected the relator’s argument that materiality decisions should be left to a jury. Instead, the court expressly held that “a judge may decide as a matter of law whether a misrepresentation was material under the FCA.”
- Ohio Governor John Kasich recently outlined the tax changes he will include in his 2016-2017 biennial state budget. The governor’s proposal is a mixture of cuts, increases and elimination of taxes which he says will result in a net $500 million tax cut for Ohioans. The taxes included in his package are: sales tax, commercial activity tax, oil and gas severance tax, individual income tax and tobacco tax.
- Groucho Marx once said that “politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly, and applying the wrong remedies.” So as we welcome the 131st Ohio General Assembly, we already have the introduction of pro-employee wage-and-hour legislation. On February 2, 2015, Senator Kenny Yuko (D-Richmond Heights) introduced Senate Bill 25 which would make significant changes to Ohio’s employment laws.
- Whitney Gibson, the leader of the firm’s internet defamation practice, authored a column, which was titled “Think You're Onto the Apps Your Kids are Into?,” for WCPO.com.
- This is a reminder to all employers with employees in California to implement the new workplace bullying training requirements that went into effect for California employers on January 1, 2015.
- Whitney Gibson, the leader of the firm’s internet defamation group, a Jordan Cohen, a member of the internet defamation group, authored an article for Privacy Law360 titled “FTC Is Cracking Down On 'Revenge Porn.’”
- As multistate employers are well aware, several states have enacted “wage theft prevention acts.” These laws are designed to ensure employees know how much they are being paid by requiring employers to provide detailed notices to employees on a set schedule, including at the time of hire. California and New York have had laws on wage theft for several years. Washington, D.C. enacted a new law late last year dealing with wage theft and making other, perhaps more disturbing, changes to wage and hour law in the District.
- Negative media coverage has always posed a challenge for businesses and professionals. Given the current internet landscape and the ability of articles to spread quickly through social media, businesses must be especially active in trying to deal with bad publicity.
- As the new year is in full swing, you may or may not have ditched your resolutions by now.
- President Obama delivered his sixth State of the Union address on Tuesday, and labor and employment matters took center stage. While the president’s address does not have the force of law, it highlights for employers what issues the White House plans on pursuing in the coming year.
- We hope you and your family enjoyed a happy holiday season. We’re writing to introduce you to a new e-newsletter we will begin publishing next week.
- On January 13, 2015, the United States Supreme Court ruled in favor of homeowners seeking to rescind their loans and mortgages with written notice to lenders within three years of completion of a real estate transaction, where lenders allegedly failed to comply with the federal Truth in Lending Act (TILA). Based on this decision in Jesinoski v. Countrywide Home Loans, Inc., it is not necessary that a homeowner actually file a court action within those three years.
- Justin Roberts, partner in the litigation group in the Cleveland office, and Sean Purcell, a partner in the corporate group in the Washington, D.C. office, authored an article for Crain’s Cleveland Business titled “Don’t Buy an FCPA Problem in an Overseas Deal.”
- Before there was Yelp, there was Citysearch. Founded in 1995 as an online guide for finding local businesses, Citysearch helped pave the way into an era of consumers posting online reviews. While Yelp has blown Citysearch and other competition out of the water in recent years, Citysearch is nevertheless still active and businesses are still very much vulnerable to false reviews on the website.
- Health Care Alert: Federal Court Strikes Down DOL’s New Companionship Services Exemption RegulationsNew U.S. Department of Labor (DOL) regulations concerning the companionship services exemption to the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) were scheduled to take effect on January 1, 2015.
- Speaker of the House Cliff Rosenberger (R-Clarksville) and House Minority Leader Rep. Fred Strahorn (D-Dayton) announced House committee leadership positions this week for the new two-year session.
- Ashley Manfull, an associate in the Vorys Akron office and a member of the labor and employment group, authored an article for Crain’s Cleveland Business regarding employee performance improvement plans (PIPs) and year-end reviews.
- On January 8, 2015, the United States Court of Appeals for the Fourth Circuit reinstated the government’s False Claims Act (FCA) claims in United States v. Triple Canopy, Inc., No. 13-2190. In reversing the district court’s dismissal of the government’s case, the Fourth Circuit highlighted, both explicitly and implicitly, the importance of the government’s decision to intervene in the case.
- Earlier this week, President Obama gave a speech at the FTC laying out an agenda on privacy and data security issues, and indicating that the topic is important enough to the administration that it will be included in his upcoming State of the Union address. Generally, the initiative’s goals include tackling identity theft, protecting the privacy of student data and working toward a general privacy “bill of rights” to provide comprehensive data and privacy protections.
February
January
Victor J. Ferguson
David A. Groenke
Emily S. Pan
Michael G. Schwartz
David A. Swift
Mark E. Vannatta
Suzanne R. Galyardt
M. Sean Purcell
Ashley M. ManfullInsights
2681 items, 20 items per page
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