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Ohio to License Home Health Care Agencies
Dinsmore & Shohl LLP, September 2021

Home health care is one of Ohio’s fastest-growing occupations. To date, the agencies providing skilled home health care, non-medical home health/personal care services, and non-agency providers of nonmedical home health/personal care services have been unlicensed in Ohio...

President Biden Announces OSHA Standards Requiring COVID-19 Vaccinations or Weekly Tests for Companies with 100+ Employees
Dinsmore & Shohl LLP, September 2021

President Joe Biden announced Thursday, Sept. 9, that in the coming weeks, companies with 100 or more employees will be required to ensure their employees are vaccinated against COVID-19 or test negative for COVID-19 at least once a week.[1] Additionally, employers must provide employees time off to get vaccinated and to recover from any side effects. Press Secretary Jen Psaki previewed the forthcoming requirements in her briefing to the press on Thursday...

How COVID-19, Vaccines and the ADA Affect Employees' Remote-Work Requests
Dinsmore & Shohl LLP, September 2021

With COVID-19 vaccines fully available in the United States, employers are approaching work-from-home requests differently than they were a year ago. Dinsmore labor and employment attorneys Ashley Pack, Crystal Spivey Wildeman and Aly St. Pierre wrote about the topic in Best Lawyers: The Litigation Issue. An excerpt is below. Employers are facing legal uncertainty in the form of whether to accommodate continued remote-work requests...

Open Banking – An Endeavor of Competing Goals
Dinsmore & Shohl LLP, August 2021

Since President Joe Biden’s July 9, 2021, executive order, “Promoting Competition in the American Economy,” there has been a renewed focus and speculation surrounding the Consumer Financial Protection Bureau’s (CFPB) forthcoming rulemaking under Dodd-Frank Act, Section 1033. Many industry leaders are optimistic President Biden’s order and the CFPB’s previous request for comments are a sign the U.S. is moving closer to open banking...

Observations from Examinations of Investment Advisers Managing Client Accounts That Participate in Wrap Fee Programs
Dinsmore & Shohl LLP, August 2021

On July 21, 2021, the SEC’s Division of Examinations (the Division) issued a Risk Alert detailing examinations of investment advisers participating in wrap fee programs. The Division conducted over 100 examinations of advisers associated with wrap fee programs generally from two perspectives: (i) advisers serving as portfolio managers in, or sponsors of, wrap fee programs; and (ii) advising client accounts through unaffiliated/third-party wrap fee programs...

Observations Regarding Fixed-Income Principal and Cross Trades by Investment Advisers from an Examination Initiative
Dinsmore & Shohl LLP, August 2021

On July 21, 2021, the SEC’s Division of Examinations (the Division) issued a Risk Alert detailing more than 20 examinations of investment advisers who engaged in cross trades, principal trades, or both, involving fixed-income securities as part of the Division’s FIX Initiative. The July 21, 2021, Risk Alert is a follow-up to the Sept...

The Fintiv Factors – Patent Trial and Appeal Board Current Developments in Light of Arthrex
Dinsmore & Shohl LLP, August 2021

In Apple Inc. v. Fintiv, Inc., (IPR2020-00019, Fintiv), the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO) elegantly laid out six different factors that the Board currently considers in discretionarily denying institution of an Inter Partes Review (IPR) that has a parallel district court proceeding...

$784M Fraud Charge Against Telemedicine Company Highlights Importance of Evaluating Telehealth Arrangements
Dinsmore & Shohl LLP, August 2021

Telemedicine and telehealth are newer and ever-expanding components of health care.[1] There are many viable arrangements for companies who wish to engage in telemedicine and/or telehealth and these arrangements can offer many benefits to the patients they serve.  However, companies and licensed individuals who provide services should be careful to understand the state and federal regulatory framework under which they operate...

SEC Continues to Drive ESG -- Approves Nasdaq’s Board Diversity Listing Standards
Dinsmore & Shohl LLP, August 2021

In the wake of the pandemic and social justice movement in 2020, the call for diversifying corporate boards has intensified. On Aug. 6, 2021, the Securities and Exchange Commission (SEC) approved the Nasdaq Stock Market’s (Nasdaq) proposal to amend its listing standards to promote greater board diversity and to require board diversity disclosures for Nasdaq-listed companies...

COVID-19: OSHA Updates Mask Guidance for Vaccinated Employees and In Schools
Dinsmore & Shohl LLP, August 2021

On Aug. 13, 2021, OSHA released updated guidance on mitigating and preventing the spread of COVID-19 in the workplace. The new guidance updates OSHA’s recommendations for fully vaccinated employees and for schools, and it supplements certain industry-specific guidance...

Legal Implications of Playing Music at Your Brewery
Dinsmore & Shohl LLP, August 2021

Dinsmore's Tarah Rémy wrote an article for Beverage Master titled "Legal Implications of Playing Music at Your Brewery," where she discusses the intellectual property considerations breweries should take when choosing music, whether played through speakers or live. You can read the full article by clicking the link at the bottom. Below is an excerpt...

Doing Business Online? You Probably Need a Privacy Policy and Terms of Service
Dinsmore & Shohl LLP, July 2021

The COVID-19 pandemic has shown that every business—even traditional brick and mortar businesses—needs a presence on the internet. When people think of online commerce, they usually think about making purchases on Amazon. However, as contactless purchasing becomes more prevalent, restaurants, breweries, and distilleries are increasingly developing online options for their consumers...

Pint of IP: Protecting your Products with Patents
Dinsmore & Shohl LLP, July 2021

Since President George Washington signed the first Patent Act of the U.S. Congress into law in 1790, inventors have filed applications and been issued patents directed to beer, wine, and spirits...

Ohio’s Fresh Start Act Creates a Path to Professional Licensure for those with Prior Convictions
Dinsmore & Shohl LLP, July 2021

In January 2021, Ohio Governor Mike DeWine signed House Bill 263, better known as the Fresh Start Act (the Act), into law. The Act standardizes the professional licensure process in Ohio by removing vague disqualifiers such as “moral turpitude” and “lack of moral character.” Through its restorative justice approach, the Act offers professionals with records of certain prior offenses a path to licensure. Most of the Act’s provisions become effective on Oct...

Navigating the Uneven Bars: When Are Companies Allowed to Use the Olympic Trademarks?
Dinsmore & Shohl LLP, July 2021

The Tokyo 2020 Olympic Games, one of the world’s most talked about and anticipated events, finally kicked off on Friday, July 23, 2021, after a long wait due to COVID-19. Every time the Olympics comes around, a common internet myth will persist that warns: Unless you are an Official Sponsor, you are barred from talking about the Olympics. While that may be true in certain circumstances, it is not always the case...

Best Practices in Share Class Reviews
Dinsmore & Shohl LLP, July 2021

The following is a list of best practices applicable to the share class review process. This guide aims to provide helpful tips regarding the process of replacing an advisory client’s existing mutual fund share class with a lower-cost alternative, where it is identified that a replacement option exists and may be available for placement in the client’s account at the custodian. Review of share classes on a periodic basis...

House Bill 75 Brings Pro-Business Changes to Ohio Workers’ Compensation Law
Dinsmore & Shohl LLP, July 2021

Governor Mike DeWine signed House Bill 75 on June 29, 2021, appropriating budget funding for the Ohio Bureau of Workers’ Compensation (BWC) for the 2022-2023 biennium and enacting some pro-employer changes to workers’ compensation law...

Health Care Noncompetes Are Under Attack
Dinsmore & Shohl LLP, July 2021

On July 9, 2021, President Joe Biden signed a wide-ranging executive order entitled “Promoting Competition in the American Economy.” One key element of the executive order is to address noncompete covenants that the White House characterized as stifling competition between companies. Section 5(g) encouraged the FTC to draft rules which seek to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility...

Interstate License Compacts Arrive to Ohio for Physicians, Nurses, and Audiology/Speech-Language Pathologists
Dinsmore & Shohl LLP, July 2021

Health care practitioners are seemingly subject to a constantly growing laundry list of regulatory requirements. However, the Ohio General Assembly has reduced the administrative burden on certain professionals seeking licensure in multiple states through the enactment of interstate license compact legislation...

Ohio Introduces Data Privacy Legislation
Dinsmore & Shohl LLP, July 2021

On July 13, 2021, Ohio Lieutenant Governor John Husted announced the introduction of the Ohio Personal Privacy Act (OPPA), a comprehensive privacy framework following in the footsteps of recent legislative enactments in California (the CCPA as modified by the CPRA), Virginia (the CDPA), and Colorado (the Colorado Privacy Act)...

Analysis of CFPB’s New Ability-to-Repay Rule for Qualified Mortgages
Dinsmore & Shohl LLP, July 2021

On Dec. 29, 2020, the Consumer Financial Protection Bureau (CFPB) published a final rule amending Regulation Z’s Ability-to-Repay/Qualified Mortgage (QM) requirements (the New Rule). Regulation Z requires creditors to make a reasonable, good-faith determination of a consumer’s ability to repay their residential mortgage loan. Loans that comply with Regulation Z’s requirements qualify for certain protections from liability...

How to Minimize Individual Liability for Employment-Related Claims
Dinsmore & Shohl LLP, July 2021

Dinsmore partner James Reid was recently published in Bank Director with his article "How to Minimize Individual Liability for Employment-Related Claims," an excerpt of which is below...

Biden Executive Order Calls for Ban on Noncompete Agreements
Dinsmore & Shohl LLP, July 2021

On Friday, July 9, 2021, President Joe Biden signed an executive order directing various federal agencies to implement 72 specific actions intended broadly to increase competition in the American economy. The executive order is intended to impact a wide range of economic activity, including mergers and acquisitions, occupational licensing, anticompetitive behavior, and prices of medical devices and prescription drugs...

Preparing for the Full Implementation of the DOL Fiduciary Rule
Dinsmore & Shohl LLP, July 2021

The second iteration of the Department of Labor Fiduciary Rule – PTE 2020-02 (DOL Fiduciary Rule) became effective on Feb. 16, 2021. However, the Department of Labor (DOL) provided that it would not pursue enforcement actions against firms who work “diligently” to comply with the Impartial Conduct Standards...

Don’t Be Caught by Surprise: HHS Issues First Regulations Related to Surprise Billing
Dinsmore & Shohl LLP, July 2021

The Departments of Health and Human Services (HHS), Labor, Treasury, and the Office of Personnel Management issued the first interim final rule with comment period, in what is likely to be a series of rules, aimed at ending surprise medical bills from out-of-network providers...

 

 

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