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  • Article

    West Virginia and the Dodd-Frank Wall Street Reform and Consumer Protection Act

    The Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Bill"), while formulated to reign in the perceived excesses on Wall Street, has dramatic implications for community banks on Main Street and will undoubtedly impact the way business in West Virginia is done.
    United StatesFinance and Banking
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    IRS Modifies Filing Thresholds

    On January 13, 2011, the Internal Revenue Service reminded tax-exempt organizations that normally have gross receipts of less than $50,000 that they can avoid having to file the long Form 990 for the 2010 tax year and can file the E-postcard instead.
    United StatesTax
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Cafeteria Plan Amendment For Over-The-Counter Drugs Due June 30, 2011 Under IRS Transition Rule

    The Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 ("Affordable Care Act") requires that medicine or drugs (other than insulin) be prescribed to qualify for reimbursement under employer provided accident and health plans including a health flexible spending account, health reimbursement arrangement, and health savings accounts. Effective January 1, 2011, over-the-counter (OTC) drugs are no longer reimbursable without a prescript
    United StatesEmployment and HR
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    New Measures to Strengthen Aviation Security

    The Department of Homeland Security (DHS) announced recently that the Transportation Security Administration will begin implementing new, enhanced security measures for all air carriers with international flights destined to the United States.
    United StatesImmigration
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Outlook for Physician Practices Improves as One-Year "Doc Fix" Becomes Law

    On December 15, 2010, President Obama signed into law the Medicare and Medicaid Extenders Act of 2010, which halts the implementation of proposed cuts to physician reimbursement for a period of one year.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    State Of Ohio Board Of Pharmacy Extends Deadline For Office-Based Opioid Treatment Providers To Obtain Terminal Distributor License

    We previously reported that on January 4, 2017, SB 319 was signed by Ohio Governor John Kasich. A provision of this law requires any location where a prescriber is treating more than 30 individuals ...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    USCIS Still Accepting H-1B Petitions for Fiscal Year 2011

    April 1, 2010 marked the first day that employers were permitted to file H-1B (specialty occupation professionals) with U.S. Citizenship and Immigration Services ("USCIS") for Fiscal Year 2011.
    United StatesImmigration
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    FLSA Mandates Break Time for Nursing Mothers

    Pursuant to the Patient Protection and Affordable Care Act of 2010 (PPACA) that was signed into law by President Obama on March 23, 2010, substantive amendments have been made to the Fair Labor Standards Act, 29 U.S.C. § 201, "et. seq." (FLSA).
    United StatesEmployment and HR
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Cases To Test Who Is A "Foreign Official" For The Purposes Of The FCPA

    U.S. citizens and companies that contract with foreign entities should, of course, be aware of and always cognizant of the Foreign Corrupt Practices Act.
    United StatesCriminal Law
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    New Kentucky Legislation Modernizes Inheritance Laws

    Governor Andy Beshear recently signed Senate Bill 50 into law, ushering in one of the most significant updates to Kentucky inheritance and estate administration laws in recent years.
    United StatesFamily and Matrimonial
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    May 2010 Visa Bulletin - EB-3 India and China Advance Slightly; Mexico EB-3 Unavailable

    The U.S. Department of State (DOS)'s May Visa Bulletin reflects movement in the permanent resident or "green card" Employment Third Preference (EB-3) categories for both India and China.
    United StatesImmigration
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    U.S. Supreme Court Rules that the Sixth Amendment Right to Counsel Requires That Non-Citizen Defendants Receive Competent Immigration Advice Regarding Deportation Risks of a Guilty Plea

    In March the U.S. Supreme Court reversed a ruling by the Kentucky Supreme Court in which the Kentucky court said that defendant Padilla was not entitled to protection from erroneous deportation advice.
    United StatesImmigration
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Ohio's Budget, As Recently Passed By The House, Contains Key Changes To Public Construction

    On May 5, 2011, the Ohio House of Representatives passed H.B. 153, Ohio’s main operating budget for fiscal years 2012 and 2013.
    United StatesLitigation, Mediation & Arbitration
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Work Session, Discussion, or Board "Meeting" - A Slippery Slope

    Boards of education often wish to gather together to "touch base" with members of their community or merely wish to discuss and work through issues they are facing, without any intention to take official board action or have a formal board meeting.
    United StatesLitigation, Mediation & Arbitration
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Florida Construction Law Guide For Contractors

    A plain language, quick reference guide on the topics that impact contractors almost daily in Florida
    United StatesReal Estate and Construction
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Ohio Supreme Court Update: Preparing Mechanic's Liens on Behalf of Others Without Supervision of an Attorney is Unauthorized

    On August 25, 2010, the Ohio Supreme Court held that a corporation engaged in the unauthorized practice of law by preparing, signing, filing and pursuing affidavits of mechanics’ lien for third parties.
    United StatesReal Estate and Construction
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Deadline Extended for 2010 Charitable IRA Rollover

    On December 17, 2010, Congress passed legislation that, among other items, extends the charitable IRA rollover until December 31, 2011. The charitable IRS rollover allows people aged 70 ½ and older to transfer up to $100,000 of their IRA assets for each of 2010 and 2011 directly to a qualified public charity.
    United StatesTax
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    IRS Issues Affidavit Form for HIRE Act Benefits

    Earlier this month, two new tax benefits became available to employers hiring workers who were previously unemployed or only working part time. These provisions are part of the Hiring Incentives to Restore Employment Act (the "HIRE Act") enacted into law on March 18.
    United StatesTax
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    DeWine and Lawmakers Introduce Ohio False Claims Act Legislation

    Yesterday, two members of the Ohio General Assembly introduced a bill to create the Ohio False Claims Act. The bill’s sponsors, Senator Jim Hughes (R-Columbus) and Senator Scott Oelslager (R-North Canton), noted that the bill is a tool to recover fraudulent funds and stop waste, fraud, and abuse of Ohio’s financial resources.
    United StatesGovernment, Public Sector
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Changes in Labor Requirements on Public - Including School - Construction Projects

    Just before it closed its session, the West Virginia Legislature passed a bill that will impact construction--including that of school buildings and facilities--beginning in June of 2010.
    United StatesReal Estate and Construction
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP

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