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Firm: Dinsmore & Shohl LLP

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An Ounce of Prevention with Working from Home ADA Accommodations
Dinsmore & Shohl LLP, September 2019

As seen on BankDirector.com: Even with a lack of legal clarity, banks can take steps to prepare for work-from-home accommodation requests from employees with disabilities. Technology now allows banks’ employees to be connected with coworkers and customers nearly anywhere in the world via email, chat, calls or video conferencing. Many banks use work from home, or telecommuting, as a perk to attract and retain talent...

Are Ohio Prescribers and Pharmacies Prepared for the New Requirement to Include ICD-10 Diagnosis Codes on All Controlled Substance Prescriptions?
Dinsmore & Shohl LLP, August 2017

We previously reported that on March 30, 2017, Ohio Gov. John Kasich and the executive directors of Ohio’s health care licensing agencies announced new standards for prescribing opiates for acute pain...

Are Stronger Dietary Supplement Regulations on the Horizon?
Dinsmore & Shohl LLP, April 2019

FDA Announces Public Meeting for Responsible Innovation in Dietary Supplements Industry Recently, the Federal Food and Drug Administration (FDA) announced it will hold a full-day public meeting to discuss strategies for responsible innovation in the dietary supplement industry.  The meeting will be held May 16, 2019, from 8:30 a.m. EST to 4 p.m. EST at the FDA Center for Food Safety and Applied Nutrition, Wiley Auditorium, located at 5001 Campus Dr., College Park, MD 20740...

Are We on the Cusp of the Next De Novo Wave?
Dinsmore & Shohl LLP, December 2017

As seen in Bank Director The process of establishing a de novo bank always has been complicated and time-consuming, and occasionally even painful. But since the beginning of the financial crisis, it seems that obtaining deposit insurance for a de novo bank has become a nearly impossible task. The Federal Deposit Insurance Corp. received 1,738 applications for deposit insurance from 2000 through 2008, and approved 1,258 of those applications—an approval rate of 72 percent...

Are you compliant with the Revised 42 CFR Part 2?
Dinsmore & Shohl LLP, July 2017

It has been four months since the changes to 42 CFR Part 2, the confidentiality regulations that apply to all substance abuse treatment records, became effective. Ensure your policies and forms have been updated. The finalized changes to 42 CFR Part 2 by the Substance Abuse and Mental Health Services Administration (SAMHSA), an agency within the U.S. Department of Health and Human Services (HHS), took affect March 21, 2017...

Attorney General Announces Ninth Annual Fraud Takedown Targeting Opioid Epidemic
Dinsmore & Shohl LLP, July 2018

On June 28, 2018, Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III announced the ninth year of the national health care fraud takedown. The takedown resulted in the largest government action against health care fraud, which involved more than 600 defendants from over 50 federal districts. The targeted fraud schemes accounted for more than $2 billion in false billings...

Back to the Drawing Board (Somewhat) – D.C. Circuit Court of Appeals Invalidates Workplace Examination Final Rule
Dinsmore & Shohl LLP, June 2019

On June 11, 2019, the United States Court of Appeals for the District of Columbia Circuit overturned the 2018 version of MSHA’s workplace examination final rule and ordered the agency to implement the text of the 2017 proposed standard. In United Steel, Paper, and Forestry et al. v. Mine Safety and Health Administration et al., No...

Bank Guide to CARES Act SBA Lending Program
Dinsmore & Shohl LLP, March 2020

A quick legal reference for banks supporting small businesses Section 1 Section 2 Section 3 The Coronavirus Aid, Relief, Economic Security (CARES) Act signed into law by President Donald Trump on March 27, 2020, contains significant relief for small businesses affected by the national emergency declaration related to the COVID-19 pandemic and the aggressive actions taken by state governments across the nation to combat the spread of the virus...

Be Flexible in your Solutions and Options for Resolutions
Dinsmore & Shohl LLP, October 2018

To achieve this step in the process, set aside time to create a wide range of solutions that advance shared interest.  This can be done before and during your negotiation or mediation. There are 4 major obstacles which inhibit consideration of options: Premature judgment Hinders imagination and possibilities...

Be Fully Prepared: Negotiation Notes and Mediation Minutes
Dinsmore & Shohl LLP, April 2019

“You can’t have confidence unless you are prepared. Failure to prepare is preparing to fail.” — Coach John Wooden Once you have developed the facts (who, what, when, where, why and how) and the law pertaining to your dispute or conflict, you need to prepare for your negotiation or mediation. Coach John Wooden stated “You can’t have confidence unless you are prepared. Failure to prepare is preparing to fail...

Beer, Wine & Spirits Quarterly
Dinsmore & Shohl LLP, May 2020

    WHAT'S NEW COVID-19 Business Strategies Hub   Since the news first broke about the COVID-19 pandemic and its impact on the global economy, Dinsmore has worked diligently to create the COVID-19 Business Strategies Hub. The Hub features attorney insights and complementary webinars to help you prepare and respond to legal, regulatory, and commercial implications related to the crisis...

Best Practices for a Successful Negotiation or Mediation
Dinsmore & Shohl LLP, October 2018

A key ­­­quality for a successful attorney, leader of an organization, claims professional or human resource professional requires effective negotiation skills to resolve conflict and disputes. Negotiating over 1,000 such disputes as an attorney and mediator has been a tremendous education on how to successfully resolve disputes and conflict...

Betsy DeVos Indicates Big Plans to “Reframe” Title IX
Dinsmore & Shohl LLP, September 2017

Yesterday, Education Secretary Betsy DeVos addressed the public regarding a controversial and difficult issue – Title IX. In her statements, she announced the new administration will change the way colleges and universities handle incidents of sexual assault on campus...

Beware: Violations Of State Safety Requirements Bring Penalties For Both State Fund and Self-Insured Employers
Dinsmore & Shohl LLP, April 2019

Recently, Dinsmore has noticed an uptake in claimant allegations that an employer has caused an accident due to violation of a specific safety requirement (VSSR). A VSSR award is an additional award paid to the employee by the Bureau of Workers’ Compensation (BWC) billed directly to state fund employers or paid directly by a self-insured employer...

BIS Requests Public Comment on Emerging Technologies to be Subject to Increased Export Controls
Dinsmore & Shohl LLP, November 2018

On Nov. 19, 2018, the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce issued an Advance Notice of Proposed Rulemaking[1] requesting public comment on criteria for identifying emerging technologies essential to U.S. national security that would be subject to increased export controls...

Boards of Education Need to Consider Soon How They’ll Address Charter School Applications
Dinsmore & Shohl LLP, April 2020

Boards of education should be aware of some upcoming deadlines regarding new WV State Department Policy 3300 and the introduction of the possibility of charter schools in West Virginia. As you may recall, new WV Code Sections 18-5G-1 through 18-5G-12 establish the process by which West Virginia will consider public charter schools. The Code Sections limit the number of new schools to three until July 1, 2023...

Boilerplate Contract Language Coming to the Forefront: Force Majeure Clauses and COVID-19
Dinsmore & Shohl LLP, March 2020

The rapid spread of COVID-19 and the swift and sweeping action from government agencies at all levels are having a ripple effect on markets. These events are causing significant disruption in most industries, including the cancellation/postponement of major conferences and events like South by Southwest, March Madness, and Facebook’s F8, and Mobile World Congress. One impact is that many companies are struggling to meet their obligations under their contracts...

Breaking: US DOL Final OT Rule Raises the FLSA Exemption Thresholds, Effective Jan. 1, 2020
Dinsmore & Shohl LLP, September 2019

On Tuesday, Sept. 24, the U.S. Department of Labor (DOL) released the long-anticipated final rule for overtime exemptions, which alters the salary thresholds for several of the Fair Labor Standards Act (FLSA) exemptions. Under the final rule, the salary threshold levels for the white-collar exemptions and the highly compensated employee exemption were increased, making it more difficult for an employee to be classified as exempt under the FLSA. As a result, an estimated additional 1...

Breaking: US Supreme Court Rules Title VII Protects LGBTQ Employees
Dinsmore & Shohl LLP, June 2020

In a highly anticipated decision, the U.S. Supreme Court held Title VII of the federal Civil Rights Act protects LGBTQ employees from being fired because of their sexual orientation or gender identity. The opinion, released on June 15, 2020, was a consolidation of three federal appellate court decisions—Bostock v. Clayton County; Altitude Express v. Zarda; and R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission...

Businesses, Fraud, and the CARES Act: Insights on Government Enforcement Defense and Prevention
Dinsmore & Shohl LLP, April 2020

The Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law March 27, 2020, provides $2 trillion in relief funds for individuals and businesses, including $500 billion in direct aid for large companies and more than $300 billion for small companies. Businesses applying for and receiving funds under the CARES Act should be mindful of risks associated with stringent government oversight and inevitable investigations targeting waste, fraud, and abuse...

CAFC sides with Sandoz, Amgen’s State Claims Preempted by BPCIA
Dinsmore & Shohl LLP, December 2017

Originally filed in October 2014, the long-running and high-stakes battle between two powerhouse companies, Amgen and Sandoz, continues to lay out the ground rules for a growing biosimilar industry. The Federal Circuit’s first decision under the Biologics Price Competition and Innovation Act (BPCIA) involved Zarxio, Sandoz’s Neupogen biosimilar product. Amgen v. Sandoz, 794 F.3d 1347 (Fed Cir. 2015)...

California Enacts Sweeping Privacy Law
Dinsmore & Shohl LLP, June 2018

In a unanimous vote on June 28, 2018, California lawmakers enacted a landmark, first-of-its-kind data privacy law that is intended to give consumers greater control over how their personal information is collected, stored, and sold by companies with whom they do business...

California Expands Legal Definition of Beer
Dinsmore & Shohl LLP, July 2019

California Assembly Bill No. 205 was approved by Gov. Gavin Newsom on July 9, 2019. Assembly Member Tom Daly, who represents California’s 69th district of Orange County cities Santa Ana, Anaheim, and Garden Grove, introduced AB-205 to expand the definition of “beer” under Business & Professions Code §23006, which is part of the Alcohol Beverage Control Act. The new law is set to go into effect on Jan. 1, 2020...

Canadian Trademark Law is Changing This Year – What You Need to Know Now
Dinsmore & Shohl LLP, May 2019

Trademark law in Canada is undergoing a major change this year that will go into effect on June 17, 2019.  We have compiled the three things you need to know and important steps you may want to take before the June 17, 2019 date passes.  1...

Cannabis Company Receives FDA/FTC Warning Letter Related to COVID-19 Product Claims
Dinsmore & Shohl LLP, April 2020

In a recent article, we discussed government efforts to combat fraud in connection with the COVID-19 pandemic. We have seen a number of government enforcement actions, including the marketing of coronavirus treatments;selling toothpaste, dietary supplements, creams and other products as treatments to prevent and cure the coronavirus; andprice-gouging on health and safety products. On March 31, 2020, the U.S...

 

 

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