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Ohio Passes Law Providing COVID-19 Liability Shield for Individuals, Businesses, and Health Care Providers
Dinsmore & Shohl LLP, September 2020

On Sept. 14, 2020, Ohio Governor Mike DeWine signed into law a bill, which provides significant protections against tort claims arising from COVID-19 to all entities, including individuals, businesses, health care providers, property owners, government entities, churches, and schools. Amended Sub...

The BWC Offers Employers Assistance Through COVID-19 Pandemic
Dinsmore & Shohl LLP, September 2020

The COVID-19 pandemic has presented unique issues in the workforce and to employers. Fortunately, the Bureau of Workers’ Compensation (BWC) has implemented policies and programs over the last several months intended to reduce employer hardships. Below are a few policies to note and verify have been applied to your business...

DOL Issues Revised FFCRA Regulations in Response to Court Ruling
Dinsmore & Shohl LLP, September 2020

On Sept. 11, 2020, the U.S. Department of Labor (DOL) announced revisions to the regulations implementing the Families First Coronavirus Response Act (FFCRA), following the New York federal court’s decision that invalidated some of the prior regulations as either inconsistent with the text of the FFCRA or insufficiently explained by the DOL in its original regulations...

Low Federal Interest Rate Provides Unique Gifting Opportunity Through GRATs
Dinsmore & Shohl LLP, September 2020

For the last several months, local and national economies have struggled due to the COVID-19 pandemic. To mitigate the downturn, the federal government reduced interest rates to near zero. This reduced rate has created a unique estate planning opportunity for individuals who hold assets they expect will appreciate, who wish to make lifetime gifts to their lineal descendants, and who wish to make such gifts without incurring annual or lifetime gift tax liability...

Top 10 COVID-19 Employer Mistakes to Avoid
Dinsmore & Shohl LLP, September 2020

COVID-19 has sent many employers into a workforce management tailspin. Laws, regulations, and recommendations change daily, and as the pandemic continues to affect the workplace, the risk of legal complacency increases. The list below identifies the top 10 mistakes for employers to avoid during the COVID-19 pandemic. Mistake 1: Failing To Prepare and Update a COVID-19 Response Plan...

Everybody in the Pool! – The SEC Expands the Definition of Accredited Investor
Dinsmore & Shohl LLP, September 2020

The Securities and Exchange Commission (SEC) recently adopted a new amendment that adds additional categories of persons eligible to meet the accredited investor definition, expanding the pool of capital available to the private capital markets. Background Under the Securities Act of 1933 (Act”), offerings for the sale of securities must be registered with the SEC...

OSHA Whistleblower Complaints on the Rise: Employers Be Aware
Dinsmore & Shohl LLP, September 2020

Whistleblower complaints to the Occupational Safety and Health Administration (OSHA) have continued to rise during the COVID-19 pandemic. Between February 18, 2020, and May 31, 2020, a total of 4,101 whistleblower complaints were filed,[1] which represented a 30% increase in complaints over the same period last year...

Exclusion Orders: How an International Trade Commission Investigation Can Protect Patented Products from Infringing Imports
Dinsmore & Shohl LLP, September 2020

The International Trade Commission (ITC) sits in a nondescript office building about a block farther south of the National Mall than tourists usually care to venture. Patent owners come from around the country to this tree-lined street in Washington, D.C., to seek a powerful remedy to protect their patented products: an exclusion order. An exclusion order directs U.S. Customs and Border Protection to block infringing imports at the United States border...

COVID-19 Liability: Practical Guidance on Risk Management for Horse Shows and Competitions
Dinsmore & Shohl LLP, September 2020

As COVID-19 continues to alter our daily lives, many of us have found comfort in barn time spent with our four-legged friends. With so many spring and summer events cancelled, we are eager to get back in the saddle and into the show ring. However, the legal implications facing horse show boards and competition venues are complex and ever-evolving...

Sixth Circuit Court Of Appeals Limits Enforcement of NLRB Special Remedies
Dinsmore & Shohl LLP, September 2020

The Sixth Circuit Court of Appeals has limited the use of “special remedies” by the National Labor Relations Board (NLRB or Board) in a 3-0 decision issued on Sept. 4, 2020.[1] On April 4, 2019, the NLRB ordered the employer to remedy unfair labor practices committed during a union organizational drive.[2] As part of that decision, the Board refused to enforce a Gissel bargaining order that would have compelled the employer to recognize and bargain with the union...

IRS Offers Guidance on Implementing Elective Employee Social Security Tax Deferral
Dinsmore & Shohl LLP, August 2020

On Aug. 28, 2020, the U.S. Department of Treasury and the Internal Revenue Service (IRS) issued Notice 2020-65 (the Notice). The Notice implements President Donald Trump’s Aug. 8, 2020 directive (the Directive) to defer withholding, deposit, and payment of the 6.2 percent employee share of Social Security tax and railroad retirement equivalent tax on certain wages and compensation paid to employees...

Transgender Students Protected from Discriminatory Restroom Policies under Equal Protection Clause & Title IX, Fourth Circuit Court of Appeals Rules
Dinsmore & Shohl LLP, August 2020

On August 26, the United States Circuit Court of Appeals for the Fourth Circuit held that a Virginia School Board’s restroom policy constituted sex-based discrimination in violation of the Equal Protection Clause, and transgender people constitute a quasi-suspect class, entitling them to greater constitutional protections. Moreover, the court also held that the restroom policy violated Title IX, because it discriminated on the basis of sex in a public school setting...

Continued Uncertainty Clouds DOJ’s Dismissal Power Under False Claims Act
Dinsmore & Shohl LLP, August 2020

The Ninth Circuit recently ruled against the government on jurisdictional grounds in the False Claims Act (FCA) qui tam case, United States v. United States ex rel. Thrower, No. 18-16408, 2020 U.S. App. LEXIS 24621 (9th Cir. Aug. 4, 2020), holding that a district court’s denial of a government motion to dismiss an FCA action is not immediately appealable under the collateral order doctrine and dismissing the government’s appeal...

Ohio Gives Temporary Authorization for Municipalities and Townships to Use TIF Funds for Expanded Purposes
Dinsmore & Shohl LLP, August 2020

On July 14, 2020, Ohio Governor Mike DeWine signed Senate Bill 4 (SB 4) into law, which, among other things, authorizes municipalities and townships (but not counties) to temporarily divert a portion of tax increment financing (TIF) service payments to fund certain public safety and road and bridge maintenance expenses (the “Expanded Purposes”) through the end of fiscal year 2021...

A Procedural Gamble: Board Prior Art Rejection Did Not Violate the Administrative Procedure Act
Dinsmore & Shohl LLP, August 2020

In FanDuel, Inc., v. Interactive Games LLC, No. 2019-1393 (Fed. Cir. July 29, 2020), the Court of Appeals for the Federal Circuit held that the Patent Trial and Appeal Board (Board) did not violate the Administrative Procedure Act (APA) by rejecting the prior-art combination on which it instituted inter parties review (IPR). The relevant patent claims related to a method of gambling on a mobile device...

State Legislative Procedural Updates as a Result of COVID-19 Pandemic
Dinsmore & Shohl LLP, August 2020

In addition to its devastating effects on the global population, the COVID-19 pandemic has fundamentally altered operations in both the public and private sectors. Before elected officials could consider pandemic-related legislation aimed at assisting their constituents, state legislatures faced the difficult task of carrying out their legislative functions while ensuring the health and safety of members, staff, and the public...

DOL Releases Updated FMLA Forms
Dinsmore & Shohl LLP, July 2020

The Department of Labor’s Wage and Hour Division (WHD) recently released streamlined forms employers may use to coordinate leave under the Family and Medical Leave Act (FMLA)...

The Department of Labor and Center for Disease Control Issue New Guidance Related to COVID-19
Dinsmore & Shohl LLP, July 2020

As workplaces continue to reopen, the U.S. Department of Labor (DOL) and Centers for Disease Control and Prevention (CDC) issued additional guidance addressing various return to work issues and leave under the Family and Medical Leave Act (FMLA) and Families First Coronavirus Response Act (FFCRA). The new DOL guidance, summarized below, appears on the DOL’s FFCRA Questions and Answers page...

Dealing with Vulnerable Investors and Financial Exploitation
Dinsmore & Shohl LLP, July 2020

Unfortunately, financial exploitation is a significant and growing area of concern, particularly with elderly investors or those with diminished capacity. Investment advisers are facing a client base who is increasingly older, and with that comes the increased likelihood of an investment adviser encountering possible financial exploitation...

Kentucky Community Property Trust Act Provides Significant Basis Planning Opportunities for Married Couples
Dinsmore & Shohl LLP, July 2020

On July 15, 2020, the Kentucky Community Property Trust Act (the “Act”; codified at KRS 386.620 et seq.) became effective, instituting an elective community property regime under Kentucky law. The intent of the Act is to permit spouses to receive a stepped-up basis for federal income tax purposes at the death of the first spouse in 100 percent of the property they have elected to treat as community property...

European Court of Justice Invalidates Privacy Shield, Upends Cross-Border Transfers
Dinsmore & Shohl LLP, July 2020

On Thursday, July 16, 2020, the European Union's top court issued a landmark ruling that will immediately transform how companies can lawfully transfer EU personal data to the United States. The court invalidated the EU-U.S. Privacy Shield, one of the most common mechanisms used by U.S. companies in connection with cross-border data transfers...

Examinations Focusing on Compliance with Form CRS
Dinsmore & Shohl LLP, July 2020

After filing Form CRS ahead of the June 30 2020 deadline, many investment advisers breathed a sigh of relief. However, advisers must remain vigilant as the June 30 deadline was the beginning of a new set of compliance efforts which firms must meet on a going-forward basis. In an effort to keep firms on track, we have summarized these ongoing obligations. 1) Initial Delivery...

Observations from Examinations of Investment Advisers Managing Private Funds
Dinsmore & Shohl LLP, July 2020

On June 23, 2020, the Office of Compliance Inspections and Examinations (OCIE) issued a Risk Alert focused on assisting private fund advisers in reviewing and enhancing their compliance programs, as well as providing information to investors regarding potential private fund adviser deficiencies...

The First COVID-19 Business Interruption Decision Sides In Favor of Insurers
Dinsmore & Shohl LLP, July 2020

In what appears to be the first substantive dispositive ruling on a COVID-19 related business interruption insurance claim, a Michigan court has dismissed an insured’s business interruption claim, finding that the insured did not suffer a direct physical loss and no insurance coverage exists for the insured’s claim...

Changes to Ohio’s Workers’ Compensation Statutes Expected to Benefit Employers
Dinsmore & Shohl LLP, July 2020

On June 16, 2020, Governor Mike DeWine signed into law House Bill 81. Its impact is significant for employers in the context of workers’ compensation. Governor DeWine touted the amendment that provided workers’ compensation coverage for medical diagnostic services to investigate whether a detention facility employee’s exposure to another’s blood or bodily fluids resulted in an injury or occupational disease...

 

 

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