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  • Article

    To Grandfather or Not: Affordable Care Act Requirements

    On June 17, 2010, the U.S. Departments of Treasury, Health & Human Services, and Labor issued an interim final regulation detailing changes that will -- or will not -- cause an employer’s group health benefit plan to lose its "grandfathered plan" status.
    United StatesEmployment and HR
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Seeking CAFA Clarity: A Summary of Recent Case Law Addressing Challenges to Jurisdiction Under the Class Action Fairness Act

    In 2005, CAFA was enacted to assure fair and prompt recoveries for class members with legitimate claims, restore the intent of the framers of the United States Constitution by providing for Federal court consideration of interstate cases of national importance under diversity jurisdiction, and benefit society by encouraging innovation and lowering consumer prices.
    United StatesConsumer Protection
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Methods for Cost-Efficient Resolution in Arbitrations

    Arbitration emerged as a mainstream form of dispute resolution because many litigants were fed up with the cost and time of traditional litigation.
    United StatesLitigation, Mediation & Arbitration
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    2026's Proxy Season And Annual Report Guide

    The 2026 proxy season is expected to bring meaningful developments that have the potential to reshape how companies approach the proxy process.
    United StatesStrategy
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Certainty By Design: A Practical Guide To Prefiling Agreements, Closing Agreements, Private Letter Rulings, And Tax Opinions

    Tax executives face material transactions that cannot wait for litigation to resolve interpretive uncertainty. This practical guide explores four critical IRS mechanisms—prefiling agreements, closing agreements, private letter rulings, and tax opinions—that provide varying levels of certainty for managing tax exposure before issues reach examination. Through conversations between controversy and transactional practitioners, discover when and how to deploy these tools along the continuum from inf
    United StatesTax
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    DOJ To Join Oral Argument In En Banc Rehearing Of Fourth Circuit Case On ‘Objectively Reasonable' Defense

    The Fourth Circuit will consider a critical issue for False Claims Act (FCA) defendants—whether an objectively reasonable interpretation of a statute or regulation, even if erroneous, is a defense...
    United StatesLitigation, Mediation & Arbitration
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Cases Highlight Ongoing Uncertainty, Complexities Of Rule 9(b) In FCA Context

    One of the most basic questions under the False Claims Act—what facts a relator must plead to state a claim—is also one of the most difficult to answer.
    United StatesCriminal Law
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Best Pleading Practices in Federal Court Following Twombly and Iqbal

    Federal court litigation can be a regular occurrence for many organizations. Often, litigants invest the bulk of their time and resources in managing discovery, developing experts and setting up cases for summary judgment.
    United StatesLitigation, Mediation & Arbitration
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Dodd-Frank Bill Reshapes Businesses

    The passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Bill") represents the most ambitious and thorough regulatory reform of the laws governing the financial industry since the Great Depression. The Bill touches every domestic financial entity and affects most foreign financial entities.
    United StatesCorporate/Commercial Law
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Can Companies Use Trademark Law to Stand Out in an Overcrowded Marketplace?

    MODERATOR: What are the most cost-effective means of protecting a company’s trademark? GAMBREL: Most business owners are aware that it is possible to register a trademark, either on the state or the federal level. Federal registration is the most cost-effective way of protecting a trademark.
    United StatesIntellectual Property
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Open-Market Manipulation Under SEC Rule 10b-5 And Its Analogues: Inappropriate Distinctions, Judicial Disagreement And Case Study: FERC's Anti- Manipulation Rule

    Regulators have addressed market manipulation with Rule 10b-5 since its promulgation under the Securities Exchange Act in 1942.
    United StatesFinance and Banking
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Fourth Circuit Joins Other Circuits Recognizing Safeco ‘Objectively Reasonable Interpretation' Standard As FCA Defense

    In a defendant-friendly opinion, a split panel held that conduct based on an "objectively reasonable" reading of an ambiguous statute, absent contrary circuit court precedent or agency guidance, cannot constitute "knowing" misconduct under the False Claims Act.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Looking Ahead to 2011: Year End Employee Benefit Plan Compliance Items

    With this year fast coming to a close, there may be notices, plan amendments and/or administrative changes that should be completed as the new year approaches.
    United StatesTax
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Do Changes in the Political Landscape Mean Business-Friendly Regulation?

    Environmental laws affect a company’s business operations at nearly every level. Following the 2010 election, most pundits agree that change is in the air. In Ohio, will that change extend to environmental regulation? Will it have a positive impact on Ohio businesses?
    United StatesEnvironment
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    A Congressional "Meat Axe"? New Legislation Would Broaden the Potential for Prosecutions Under the Federal Illegal Gratuity Statute

    High-ranking officials within the Obama administration have made it clear that investigating and prosecuting public corruption is a top enforcement priority.
    United StatesGovernment, Public Sector
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    Immigration Insights (September 2010)

    Each year the U.S. Department of State ("DOS") runs a lottery program that encourages "seed" immigration from countries that have been under-represented in recent immigration trends.
    United StatesImmigration
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP

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