Insights

February

• February 2014
  2013 Pennsylvania Oil and Gas Law Review
  In 1878, the nation’s first commercial natural gas well was drilled in Murrysville, Pennsylvania. Since then, oil and natural gas have played a vital role in Pennsylvania’s economy. Despite this history of oil and natural gas production, the Commonwealth has relatively little case law and legislative regulation to guide the industry. Due to the recent surge in production of Marcellus Shale gas, Pennsylvania’s production of natural gas increased by 72% from 2011 to 2012. According to a report issued by the U.S. Energy Information Administration on December 17, 2013, Pennsylvania is the fastest-growing natural gas-producing state, and preliminary data suggests that Pennsylvania may have been the second-largest producer of natural gas in 2013. Not surprisingly, the current state of oil and gas law in Pennsylvania reflects the Commonwealth’s attempts to manage this rapid increase in natural gas production.
  
  The judiciary, legislature and regulatory agencies have attempted to balance the benefits of natural gas production against the concerns of the public. However, many issues remain unresolved. To assist our clients and friends in navigating this quickly developing area of the law, we have summarized a number of the important decisions and enactments of the past year.
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• 2/14/2014
  Health Care Alert: Sixth Circuit Ruling Provides Further Direction on Unpaid Time
  A recent pro-employer decision by the federal Sixth Circuit Court of Appeals has provided some helpful guidance for employers looking to avoid and defend against claims for unpaid time under the federal Fair Labor Standards Act (FLSA). White v. Baptist Memorial Health Care Corp., 699 F. 3d (6th Cir. 2012). The Sixth Circuit is the federal court of appeals for Ohio, Michigan, Tennessee and Kentucky.
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• 2/14/2014
  State and Local Tax Alert: Substitute Severance Tax Bill Introduced
  On February 12, 2014, a substitute version of House Bill 375 (the Bill) was introduced in the Ohio General Assembly. The Bill proposes several significant changes to the version of House Bill 375 that was first introduced in December 2013, and if enacted, the Bill would make several significant changes to Ohio’s existing oil and gas severance tax laws. The most significant proposed changes in the Bill are summarized in this alert.
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• 2/10/2014
  How to Identify Anonymous Posters on Yelp
  On the popular business review website Yelp, it is no secret that many individuals post fake reviews and sometimes defamatory content. Under Section 230 of the Communications Decency Act, Yelp cannot be held liable for false or defamatory statements made by its users.
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• 2/6/2014
  How to Remove Defamatory Reviews from Yelp
  A positive about Yelp is that content can be removed and, thus, the impact it may have on businesses can be mitigated. This alert outlines the options available to businesses.
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• 2/5/2014
  Whistleblower Defense Client Alert: What Government Contractors Should Know About Fraud-In-The-Inducement Cases
  A recent holding from the Eastern District of Pennsylvania contains some helpful analysis for defendants facing a fraud-in-the inducement False Claims Act (FCA) case. A fraud-in-the-inducement case is a rare sub-species of FCA cases, with different rules. Unlike a traditional FCA case, there is nothing “false,” factually or legally, on the face of the claims for payment at issue in a fraud-in-the inducement case. Instead, the otherwise unobjectionable claims are false by virtue of the fact that they were submitted under a contract that was procured through the use of false statements.
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• 2/5/2014
  How to Deal with Harmful Wikipedia Pages and Content
  Wikipedia is home to more than 30 million articles and has nearly 80,000 active contributors, according to the website. These figures are a product of its “openly editable model,” where virtually anyone with internet access can add or edit content on the website. The online encyclopedia’s strength relies in its founders giving their power to the people, but in doing so they opened the door to abuse.
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January

• 1/29/2014
  Health Care Alert: OIG Advisory Opinion 14-01 - No Sanctions for Arrangement Where Placement Agency Receive Fees for Referral of New Residents to Senior Communities
  The Office of Inspector General posted OIG Advisory Opinion No. 14-01 on January 21, 2014 in response to a nonprofit senior housing and geriatric care provider’s question of whether it may pay an independent placement agency a fee for referring new residents to certain of its facilities. Despite concerns that the arrangement could potentially generate prohibited remuneration under the Anti-Kickback Statute (AKS), the OIG found that the facts and circumstances of the arrangement sufficiently mitigated any fraud and abuse risks.
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• 1/27/2014
  Health Care Alert: CMS Issues Final Rule Regarding Medicaid Home and Community-Based Settings
  In a recently published final rule, CMS established the requirements for settings that may be eligible sites for the delivery of reimbursable Medicaid home and community-based services (HCBS) provided under sections 1915(c), 1915(i) and 1915(k) of the Medicaid statute.
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• 1/27/2014
  Whistleblower Defense Client Alert - Fourth Circuit: Amended Public Disclosure Bar No Longer Jurisdictional
  Recently, the Fourth Circuit became the first court of appeals to address whether the public disclosure bar, as amended in 2010 by the Affordable Care Act, remains a jurisdictional defense to False Claims Act allegations. The opinion in U.S. ex rel. Radcliffe v. Purdue Pharma L.P. is significant because the district courts are divided on whether the public disclosure bar remains jurisdictional after the amendment.
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• 1/24/2014
  State and Local Tax Alert: Top Eight Ohio Tax Topics to Watch for 2014
  A Look Back... Before we delve into what we anticipate for Ohio’s taxes in 2014, the Vorys state and local tax team takes a look back at some of our Top Tax Topics to Watch for 2013. There were varying degrees of development with respect to the topics we identified last year, but several are worth noting.
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• 1/21/2014
  Labor and Employment Alert: Dental and Vision Coverage as an Excepted Benefit and Other Employee Benefit News
  Summary: ACA mandates don’t apply to health plans classified as “excepted benefits.” The government has proposed regulations expanding the definition of excepted benefits to include self-insured dental and vision coverage even if that coverage is provided without employee contributions.
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• 1/8/2014
  Oil and Gas Alert: U.S. District Court for the Southern District of Ohio Certifies DMA Questions to the Supreme Court of Ohio
  The U.S. District Court for the Southern District of Ohio recently certified two important questions of law concerning the Ohio Dormant Mineral Act (DMA) to the Supreme Court of Ohio.
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• 1/7/2014
  For Ohio's Bioscience Industry, Supreme Court's Ruling is a Game-Changer
  Susanne Hopkins, a partner in the Vorys Washington, D.C. and Cleveland offices, authored a column for the Crain’s Cleveland Business Health Care Report on the U.S. Supreme Court’s decision in Association for Molecular Pathology v. Myriad Genetics.
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• 1/6/2014
  • Elizabeth E.W. Weinewuth
  Fiduciaries Under Fire: Minimizing Litigation Risk
  Lisa Babish Forbes, a partner in the Cleveland office and Elizabeth E.W. Weinewuth, an associate in the Cincinnati office, authored this article on Fiduciaries Under Fire for the Winter 2014 issue of The Bankers' Statement.
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• 1/6/2014
  The 2010 Amendments to Article 9 of the Uniform Commercial Code: What Does It All Mean?
  Kelsey M. Toulouse, an associate in the Cleveland office, authored this article on the 2010 Amendments to Article 9 of the Uniform Commercial Code for the Winter 2014 issue of The Bankers' Statement.
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• 1/6/2014
  • Marcel C. Duhamel
  • Andrew P. Guran
  365/360 Interest Calculation: Latest Developments in Ohio Case Law Provide Guidance in Interest Calculation Methods
  Marcel C. Duhamel, a partner in the Cleveland office and Andrew P. Guran, an associate in the Akron office, authored this article on 365/360 Interest Calculation for the Winter 2014 issue of The Bankers' Statement.
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• 1/6/2014
  Appellate Win Provides Significant Guidance on the Ohio Uniform Fiduciaries Act
  Lisa Babish Forbes, a partner in the Cleveland office and Elizabeth Davis Conway, an associate in the Cleveland office, authored this article on the Ohio Uniform Fiduciaries Act for the Winter 2014 issue of The Bankers' Statement.
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December

• 12/20/2013
  Health Care Alert: Ohio Supreme Court Upholds Medicaid Expansion
  The Ohio Supreme Court issued a decision today confirming the constitutionality of the state's decision to expand the Medicaid program through an action of the Controlling Board. The Court rejected a constitutional challenge made by six legislators.
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• 12/5/2013
  Client Alert: Columbus Expands Downtown Community Reinvestment Area, Broadens Exemption Scope
  On November 18, 2013, Columbus City Council passed Ordinance No. 2649-2013 (the Ordinance), which expands both the geographic area covered by the Downtown Community Reinvestment Area (the CRA) and expands the scope of real property tax exemptions available within the CRA.
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