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#MeToo: It May Be Happening in Your Workplace Too
Dinsmore & Shohl LLP, November 2017

The resurgence of the #MeToo campaign highlights that sexual harassment comes in all variations, affects all classes of people, and cuts across all industries. While employers could dismiss the social media moniker as a “them” not an “us” problem, they do so at their peril. People, some of whom may be your employees, are talking, posting, and tweeting, and employers would be wise to listen and revisit their anti-harassment policies...

#NotHere: 5 Steps to Prevent Harassment in the Workplace in Wake of the #MeToo Movement
Dinsmore & Shohl LLP, November 2018

One year later, the #MeToo movement has caused a seismic cultural shift in American society and in the workplace. It continues to gain momentum and attracts wide-sweeping media coverage keeping the issue of sexual misconduct against women at the forefront of our national dialogue...

$30 Billion Under CARES Act Comes With Strings Attached – What Do You Need To Know?
Dinsmore & Shohl LLP, April 2020

Under the CARES Act that was signed into law on March 27, 2020, $100 billion was allocated to “eligible health care providers” to provide financial relief for health care organizations in relation to the COVID-19 public health emergency...

12 Questions Directors Should Ask About New Bank Activities
Dinsmore & Shohl LLP, March 2019

As seen in Bank Director A bank’s board of directors must answer to a variety of constituencies, including shareholders, regulatory agencies, customers and employees. At times those constituencies may have competing interests or priorities. Other times, what may appear to be competing interests are actually variations of aligned interests...

1st Circuit Revives 13-Year-Old Qui Tam Suit Against Nursing-Home Pharmacy Chain, Finds Relator Was ‘Original Source’
Dinsmore & Shohl LLP, May 2020

Thirteen years after the filing of the initial complaint, the First Circuit recently revived a False Claims Act (FCA) suit, reversing the district court and holding a relator can be an “original source” without participating in or having contemporaneous knowledge about the alleged fraud. See United States ex rel. Banigan v. PharMerica, Inc., 950 F.3d 134 (1st Cir. 2020)...

2019 Novel Coronavirus & Flu: What Employers Need to Know on Quarantines and Preventing the Spread of Disease in the Workplace
Dinsmore & Shohl LLP, February 2020

Flu season is in full swing. with the Center for Disease Control (CDC) confirming over 155,000 positive U.S. cases of influenza since Sept. 29, 2019. Simultaneously, the coronavirus COVID-19 has spread rapidly across China, with at least 70,000 confirmed cases, including 15 confirmed cases in the United States. In response, employers need to be prepared to assist employees in staying safe and complying with potential quarantines. Beginning Feb...

2019 West Virginia Legislative Highlights: Health Care
Dinsmore & Shohl LLP, June 2019

Dinsmore’s Government Relations team was involved in several significant legislative initiatives affecting the health care sector during the 2019 regular session of the West Virginia legislature. Most notably, Dinsmore was involved in the passage of HB 2010, relating to foster care...

2020 Rings in Legislative Changes for California
Dinsmore & Shohl LLP, January 2020

With the New Year, California rings in a lot of legislative changes, including a new standard for evaluating independent contractor classifications.  Here is what you need to know: Independent Contractors Effective Jan. 1, 2020, Assembly Bill 5 (AB-5) became law in California by adding section 2750.3 to the Labor Code.  AB-5 is the legislative response to the California Supreme Court decision in Dynamex v...

2nd Circuit Holds Federal Banks Are Government Entities For FCA Purposes, Revives Qui Tam Suit Against Wells Fargo
Dinsmore & Shohl LLP, February 2020

The False Claims Act (FCA) was enacted to punish and deter fraud against the United States, and to recover moneys obtained through such fraud. Whether an alleged fraud was actually against the United States is a threshold question not posed in the typical FCA case, where allegations usually involve claims for payment submitted to the Army, Navy, Medicare, or other entity clearly part of the federal government. But some cases are not so clear...

3 Important Questions Answered about Protecting your IP in International Markets
Dinsmore & Shohl LLP, February 2015

This week, I caught up with patent attorneys Jonathan D’Silva and Bryan Walker of MacDonald Illig Jones & Britton, LLP to hear their perspectives on some key strategic intellectual property (IP) legal issues...

340B COVID-19 Updates: HRSA COVID-19 Resources and Regulatory Flexibility
Dinsmore & Shohl LLP, March 2020

As U.S. hospitals and health clinics continue preparing for novel coronavirus (COVID-19) patient surges, federal regulatory agencies are developing resources to help health care providers comply with myriad regulatory requirements. In this context, the U.S...

340B Drug Ceiling Prices Now Available
Dinsmore & Shohl LLP, April 2019

On April 1, 2019, the Health Resources and Services Administration (HRSA) launched a secure website that lists the maximum price drug manufacturers may charge 340B-covered entities for 340B-eligible drug purchases (the 340B Ceiling Price Site).  Drug manufacturers and 340B-covered entities may access the 340B Ceiling Price Site through their HRSA Office of Pharmacy Affairs information system (the 340B OPAIS) account here: https://340bopais.hrsa...

7 Tips For Hiring And Firing Employees While Minimizing Legal Liabilities
Dinsmore & Shohl LLP, April 2018

Hiring an employee is exciting — it’s an opportunity for both employer and prospective employee to develop a mutually beneficial and profitable relationship. However, when done incorrectly, hiring can create liability. To avoid turning a potentially promising encounter into a problematic one, VARs and MSPs need to adhere to a few best practices. Ask the right questions. Candidates should be asked similar questions geared toward determining if they can perform the job...

7 Ways to Protect Your Business From Insider Fraud
Dinsmore & Shohl LLP, February 2018

As seen in Property Casualty 360: 1.  Policies & procedures   The methods employees utilize to steal from their employers are fairly common. Some examples include falsifying expenses, inflating expenses, double billing expenses, misusing petty cash accounts, using the company credit card for personal expenses, routing money to fictitious vendors, fabricating invoices, and putting friends and family on the payroll...

9th Circuit Skeptical of Government Interlocutory Appeal of Unprecedented Denial of Motion to Dismiss Qui Tam Case
Dinsmore & Shohl LLP, December 2019

In United States v. United States ex rel. Thrower, No. 18-16408, on November 14, a panel of the Ninth Circuit gave a skeptical reception to the Department of Justice (DOJ) argument that the district court’s denial of the government’s motion to dismiss a False Claims Act (FCA) qui tam complaint against Academy Mortgage Corporation (Academy) invaded the government’s “prosecutorial discretion...

A Closer Look At First-Action Allowance For Patents
Dinsmore & Shohl LLP, April 2014

  Clients unfamiliar with patent prosecution are often surprised to learn that few patent applications receive a first-action allowance, or FAA. There are even rankings of law firms that receive the most FAAs each year. But what does an FAA signify? Is it a cause to celebrate, or to conduct a post-mortem? The answer is, of course, “it depends...

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...

A Proxy Season Guide to 2018
Dinsmore & Shohl LLP, January 2018

With a new proxy season fast approaching, it’s time for public companies to do a deep download of key securities law updates and business developments of the past year so the company is positioned for success in 2018. Below is a review of the 2017 proxy season, along with a summary of new and anticipated changes that may impact reporting and disclosure requirements for the upcoming 2018 proxy season...

A Proxy Season Guide to 2019
Dinsmore & Shohl LLP, January 2019

Now that the holidays are in the rearview and business as usual has begun to pick up where it left off, it’s time for public companies to do a deep download of key securities law updates and business developments of the past year so they are positioned for success in 2019. Below is a review of the 2018 proxy season, along with a summary of new and anticipated changes that may impact reporting and disclosure requirements for the 2019 proxy season...

A Proxy Season Guide to 2020
Dinsmore & Shohl LLP, January 2020

The 2019 proxy season marked a year of continued changing voting behavior. Though patterns and trends of the past season do not seem to indicate changes beyond marginal impact, the 2019 season can serve to set expectations for the 2020 proxy season...

ACA Litigation Update – Supreme Court Declines to Fast Track Review of Fifth Circuit ACA Decision
Dinsmore & Shohl LLP, January 2020

On Dec. 18, 2019, the Fifth Circuit in Texas, et al. v. United States, et al. declared the Affordable Care Act’s1 (ACA’s) individual mandate unconstitutional. This decision is contrary to the controlling precedent established by the United States Supreme Court in NFIB v. Sebelius2, which upheld the ACA’s individual mandate as a permissible tax...

Acknowledge Conflicting Interests and Work to Understanding your Interests and their Interests
Dinsmore & Shohl LLP, October 2018

In order to accomplish this important task, the following are steps to follow: A. Make a list of other sides’ interest. It will help your remember them and stimulate ideas for how to meet such needs B. Communicate your interests when they are in conflict. Help the other side to see just how important and legitimate your interests are. Be specific and objective. Convince them they would feel the same in your shoes and recognize how you might feel in their shoes...

ADR Agreements Acceptable Condition of Employment Under Kentucky Statutory Amendment
Dinsmore & Shohl LLP, March 2019

Employers in Kentucky are now expressly permitted to require an employee or prospective employee to agree to arbitrate or engage in some form of alternative dispute resolution as a condition of employment. On March 25, 2019, Gov. Matt Bevin signed a statutory amendment authorizing this change to KRS § 336.700. This law applies retroactively to agreements that have already been executed by employees before March 25, 2019. This amended statute does a number of things...

An Act to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018
Dinsmore & Shohl LLP, December 2017

On December 22, 2017, President Trump signed into law a sweeping tax act now known as An Act to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018 (the “Tax Cuts and Jobs Act”). The Tax Cuts and Jobs Act is effective beginning with the 2018 tax year. Over the coming weeks, we will be alerting you to changes in the tax law and planning ideas that may help to minimize your taxes...

An Introduction to Labor Racketeering Actions Under The Federal Racketeer Influenced & Corrupt Organizations Act
Dinsmore & Shohl LLP, November 2019

Any person injured in his or her business or property by a pattern of racketeering activity may have standing to seek relief pursuant to the Organized Crime Control Act of 1970...

 

 

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