Insights

June

• 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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• 6/2/2014
  Client Alert: Supreme Court Issues Ruling Limiting Liability for Induced Infringement
  On June 2, 2014, the Supreme Court issued a unanimous decision in the case of Limelight Networks, Inc. v. Akamai Technologies, Inc. (Case No. 12-786), that will have the immediate impact of limiting liability for inducement to infringe under 35 U.S.C. § 271(b) where no party is liable for direct infringement under §271(a). In at least the short-term future, defendants accused in a patent suit of inducing infringement of a method claim, where no one party has performed or controlled the performance of all steps of the method, should have a solid basis for seeking dismissal of that suit for failure to state a cause of action.
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• 6/2014
  Rocky Mountain Mineral Law Foundation Pennsylvania Oil and Gas Update June 2014
  Kevin Gormly, a partner in the Pittsburgh office, and Abbi Marusic, an associate in the Pittsburgh office, provided the Pennsylvania Oil and Gas Update in the Rocky Mountain Mineral Law Foundation Mineral Law Newsletter, Vol. 31, No. 2. The article covered the Pennsylvania Supreme Court Act 13 decision, the new provisions of the Pennsylvania Oil and Gas Lease Act, Pennsylvania natural gas severance tax, and seismic testing litigation.
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• 6/2014
  E-Data Explosion: Growth in Electronic Information Drives New Costs and Approaches to Litigation
  Paige Kohn, an associate in the Vorys Columbus office and a member of the litigation group, authored “E-Data Explosion: Growth in Electronic Information Drives New Costs and Approaches to Litigation” for the June 2014 edition of Columbus C.E.O. magazine.
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• 6/1/2014
  • Frederick P. Waite
  • Kimberly R. Young
  US Whistleblower Statute Aims to Combat Schemes to Evade AD/CVD Duties
  Vorys Attorneys Fredrick Waite, Kimberly Young and William Barrett authored an article for Prime Magazine, which is published by Steel Orbis. The article, was titled "US Whistleblower Statute Aims to Combat Schemes to Evade AD/CVD Duties."
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• 6/1/2014
  • Carey C. Jordan
  • Iona N. Kaiser
  Working with Inventors Post-AIA: Managing Inventor Challenges and Preventing Common Mistakes
  Carey Jordan and Iona Kaiser, partners in the Houston office and members of the intellectual property group, co-authored an article for Intellectual Property & Technology Law Journal titled "Working with Inventors Post-AIA: Managing Inventor Challenges and Preventing Common Mistakes."
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May

• 5/28/2014
  Ohio Statehouse Update: High Profile Ohio Bills Scheduled for Action before Summer Break
  Legislators returned to Columbus this week after the Memorial Day weekend for what is likely their last two weeks of work before they break for the summer. Several high profile bills are scheduled for action before the summer break. They include SB 310, a controversial measure to put a two-year freeze on renewable and alternative energy standards, and HB 483, one of the Mid Biennial Budget Review (MBR) bills introduced by Governor John Kasich earlier this year.
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• 5/27/2014
  State and Local Tax Alert: Ohio Senate Passes Mid Biennium Budget Bill and Considers Additional Tax Proposals
  The Ohio Senate last week passed the state’s main mid-biennium budget bill, Substitute House Bill 483 (HB 483). HB 483 now heads to a conference committee to be reconciled with the version of HB 483 passed by the Ohio House. HB 483 includes a number of proposed tax law changes. Meanwhile, the Ohio Senate Finance Committee amended Substitute House Bill 492 (HB 492) last week to include a number of proposed tax law changes. HB 492 now heads to the full Senate for consideration.
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• 5/23/2014
  Should you Pay Bloggers for Product Reviews?
  Whitney Gibson, a partner in the Vorys Cincinnati office and the leader of the firm’s internet defamation practice, authored an article titled “Should you pay bloggers for product reviews?” for PR Daily.
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