Insights

July

• 7/2/2014
  Client Alert: Federal Regulators Issue Further Guidance Regarding Tax Sharing Agreements
  Earlier this month, federal banking regulators finalized their December 2013 guidance on Income Tax Allocation Agreements. This guidance confirms that all financial institutions should have in place an appropriate tax sharing agreement not just for federal and state income taxes but also for the Ohio Financial Institutions Tax (FIT).
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• 7/2/2014
  Whistleblower Defense Alert: D.C. Circuit Grants Writ of Mandamus and Protects Privilege of Internal Corporate Investigations
  Last week, the D.C. Circuit provided good news to defense contractors, health care providers and all other corporate entities doing business with the government. In a forceful opinion, the court overruled a trial court decision that portended disastrous consequences for privileged internal investigations by corporate legal departments.
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• 7/1/2014
  Whistleblower Defense Alert: The Supreme Court Will Review Fourth Circuit Decision that Weakened the False Claims Act’s Statute of Limitations and First-to-File Bar
  Today, the Supreme Court granted the petition for certiorari in Kellogg Brown & Root Servs., Inc. v. United States ex rel. Carter. The petition presented two questions: (1) whether the Wartime Suspension of Limitations Act (WSLA) applies to claims of civil fraud brought by qui tam relators, and (2) whether the False Claims Act’s (FCA) first-to-file rule is an absolute bar or whether it permits subsequent actions so long as the first-filed action had been dismissed on non-merits grounds prior to filing of the subsequent action.
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• 7/1/2014
  Client Alert: New Risk Management Tool - Ohio Captive Insurance Law
  Substitute House Bill Number 117 (Ohio’s Captive Legislation) will become effective mid-September 2014. Ohio’s Captive Legislation creates a regulatory scheme that permits the formation in Ohio of pure captives (a captive that insures only the risks of its parent and affiliates), protected cell captives (a captive that is made up of separate segregated cells that each contain their own assets and liabilities) and a special purpose financial captive. This alert will focus only on pure captives, but we are available to answer any questions you may have regarding protected cell captives and special purpose financial captives.
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June

• 6/30/2014
  Client Alert: Fresh from Florida – A New Data Breach And Security Law
  On June 20, Florida’s governor signed into law a replacement to its former breach notification statute, called the Florida Information Protection Act of 2014. This law is going into effect very quickly (July 1, 2014), and will be one of the most robust breach notification laws in the country. The Florida law did not necessarily break new ground, but it incorporated into one law many of the recent trends that have been passed in other states.
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• 2014
  • Herbert A. Hedden
  • Judith L. Marsh
  Real Estate Matters in Acquisitions and Mergers
  Herb Hedden and Judy Marsh, both partners in the firm’s Columbus office, authored a chapter for Mergers and Acquisitions of Franchise Companies (Second Edition, 2014, American Bar Association). Hedden and Marsh’s chapter is titled “Real Estate Matters in Acquisitions and Mergers.”
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• 6/26/2014
  Misleading Review Websites: Beware of Disguised Paid Reviews, Content
  The Federal Trade Commission mandates that material connections between endorsers and advertisers be disclosed. Yet there are countless misleading review websites out there, masking payments received in exchange for positive publicity.
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• 6/25/2014
  Celebrity Spokespersons and the Federal Trade Commission
  Whitney Gibson, a partner in the Vorys Cincinnati office and the leader of the firm’s internet defamation group, authored an article for Social Media Explorer titled “Celebrity Spokespersons and the Federal Trade Commission.”
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• 6/25/2014
  Whistleblower Defense Alert: Third Circuit Decision Erodes FCA Pleading Requirements
  The Third Circuit’s recent decision in U.S. ex rel. Foglia v. Renal Ventures Mgmt., LLC, 2014 U.S. App. Lexis 10549 (3d. Cir. June 6, 2014), evens the circuit split regarding whether a FCA plaintiff must identify at least one representative false claim before being granted a ticket to discovery—a troubling development for anyone who does business with the federal government and therefore runs the risk of dealing with an FCA lawsuit.
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• 6/19/2014
  Avoiding Liability: Considerations and Guidelines for Not-for-Profit Directors and Officers
  Lisa Forbes, a partner in the Vorys Cleveland office and a member of the litigation group, authored an article titled "Avoiding Liability: Considerations and Guidelines for Not-for-Profit Directors and Officers" for the Cleveland Metropolitan Bar Association.
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• 6/18/2014
  State and Local Tax Alert: Governor Kasich Signs Mid Biennium Budget Bill and Legislation with Additional Tax Changes
  On June 16, 2014, Governor Kasich signed Substitute House Bill 483 (HB 483), the primary mid-biennial review bill for the current State biennium, and amended Substitute House Bill 492 (HB 492), which includes several tax law changes. The most significant tax law changes contained in HB 483 and HB 492 are described in this Alert.
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• 6/12/2014
  How In-House Counsel Can Help Shape Their Companies’ Reputations
  Company reputations today are largely dictated by what is posted on the internet, both about the companies themselves and their executives. Gone are the days where reputation is based on building up and maintaining goodwill with consumers over time.
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• 6/9/2014
  Health Care Alert: SAMHSA to Host Upcoming Public Listening Session on Substance Abuse Confidentiality Regulations
  On Wednesday, June 11, 2014, the Substance Abuse and Mental Health Services Administration (SAMHSA) will hold a public listening session to solicit information regarding the Confidentiality of Alcohol and Drug Abuse Patient Records Regulations, 42 C.F.R. Part 2. Under these regulations, a federally assisted substance abuse program generally may only release identifiable patient information related to substance abuse treatment services with the individual’s express consent.
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• 6/3/2014
  Five Things to Consider Before Filing an Internet Defamation Claim
  Whitney Gibson co-authored an article for Texas Lawyer titled “Five Things to Consider Before Filing an Internet Defamation Claim.”
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• 6/3/2014
  Smart Phones, Dumb Choices: Five Dangerous Trends of Student Cell Phone Use
  Whitney Gibson, a partner in the Vorys Cincinnati office and the leader of the firm’s internet defamation practice, authored an article for eSchool News about social media usage and teens.
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• Spring 2014
  • Jeffery E. Smith
  • Anthony D. Weis
  Issues in Participation Agreements, Continued
  Jeffrey E. Smith, Anthony D. Weis and Thomas O. Ruby, partners in the Columbus office, authored this article on Issues in Participation Agreements, Continued for the Spring 2014 issue of The Bankers' Statement.
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• Spring 2014
  Ohio House Bill — The Ohio Legacy Trust Act and Due Diligence Concerns
  Brenda K. Bowers, of counsel in the Columbus office, authored this article on Ohio House Bill — The Ohio Legacy Trust Act and Due Diligence Concerns for the Spring 2014 issue of The Bankers' Statement.
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• Spring 2014
  Patent Trolls Continue to Target Financial Institutions, but Change May Be Near
  Susanne M. Hopkins, a partner in the Washington, D.C. office, authored this article on Patent Trolls Continue to Target Financial Institutions, but Change May Be Near for the Spring 2014 issue of The Bankers' Statement.
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• Spring 2014
  • David A. Froling
  New Focus on Tax Sharing Agreements for Financial Institutions
  David A. Froling, a partner in the Columbus office, authored this article on New Focus on Tax Sharing Agreements for Financial Institutions for the Spring 2014 issue of The Bankers' Statement.
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• 6/2/2014
  Whistleblower Defense Alert: Defeating a Whistleblower’s Cursory Allegations of Scienter in FCA Cases Involving a Defendant’s Good Faith Interpretation of a Regulation or Contract
  A recent decision dismissing a whistleblower’s complaint with prejudice is good news for companies facing a False Claims Act (FCA) case that turns on the interpretation of a regulation or contractual provision. In U.S. ex rel. Thompson v. Honeywell Int’l, Inc., Case No. CV 12-2214-JAK (C.D. Cal.), the court articulated a clear and defendant-friendly formulation of the pleading standard for scienter in such cases.
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