Acredula Newsletter -- February 2010
February 2010
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Newsletter for corporate directors and officers with this issue including an article on questions directors should consider asking. |
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Supreme Court To Weigh In On American Needle v. NFL
February 2010
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Discussion of the pending U.S. Supreme Court case of American Needle, Inc. v. National Football League; the issue: does the NFL consist of 32 separate entities/teams, or is it a single entity for purposes of Section 1 of the Sherman Act? |
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U.S. Supreme Court Rules on Principal Place of Business
February 2010
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The United States Supreme Court has ruled that in the context of diversity jurisdiction, a corporation's principal place of business is deemed to be its "nerve center" -- usually its corporate headquarters. |
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Green Strategies Ohio Legislative Roundup
February 2010
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February status report on bills introduced and pending in the Ohio General Assembly dealing with energy efficiency and alternative energy. |
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BrickerConstructionLaw.com Newsletter -- February 2010
February 2010
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The February issue looks at competitive bidding and organization of front-end documents. |
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Qui Tam Lawsuit Against PVC Pipe Maker Unveiled
February 2010
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A recently unsealed whistleblower lawsuit against a maker of PVC pipe should serve as a powerful reminder to the manufacturing sector that its businesses may be vulnerable to expensive False Claims Act litigation.
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Human Resources Bulletin: State WARN Act Bill Introduced in Ohio General Assembly
February 2010
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Bulletin on the Ohio version of the federal Worker Adjustment and Retraining Notification Act which requires certain employers
to give their employees advanced written notice of mass layoffs and plant closings. |
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New Coalition Forms to Urge Reform of Wind and Solar Taxes in Ohio
February 2010
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A new coalition has been formed to support the adoption of a competitive tax structure for wind and solar projects in Ohio. |
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Property Assessed Clean Energy (PACE) Policy Framework Developed to Assist Local Governments Implement PACE Financing Programs
February 2010
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A primer to assist local governments in implementing the Ohio PACE financing programs -- Property Assessed Clean Energy programs that allow financing of energy efficiency and renewable energy improvements. |
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Ohio Bill Proposes Creation of Energy Efficiency Advisory Group
February 2010
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Article on Ohio House Bill 443 that would create a so-called Energy Efficiency Stakeholder Advisory Group to review proposed energy efficiency or peak-demand reduction program of utility companies. |
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PUCO Reverses its Decision in Energy Efficiency Case
February 2010
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FirstEnergy Corp. now will be able to recover administrative fees incurred when it finds energy efficiency savings at existing customer-sited projects, following the Public Utilities Commission of Ohio's reversal of one of its earlier decisions. |
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Zoning Solar and Wind Energy: Lessons Learned from Other Jurisdictions
February 2010
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A review of model zoning codes from across the county, as well as studies, litigation, media reports, and other literature about zoning regulations for wind and solar projects. The successes, and challenges faced by other jurisdictions can be instructive to Ohio cities, townships and counties moving forward. |
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Ohio Senate Bill 223 Would Expand List of Qualifying "Special Energy Improvement Projects"
February 2010
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The PACE and SIDs programs authorized by HB 1 and SB 223 could represent a significant advantage for Ohioans seeking to expand their alternative energy options. If enacted, SB 223's Energy SID program will expand the list of qualifying technologies to include wind, geothermal, biomass, gasification, and energy efficiency projects.
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Ohio S.B. 221 Sets 22 Percent Cumulative Energy Efficiency Standards by 2025
February 2010
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Ohio Senate Bill 221, enacted in 2008, and aimed at encouraging Ohio businesses and utilities to adopt renewable and advanced energy technologies, also includes new energy reduction and peak demand standards that utilities must meet through energy efficiency programs. |
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National Practitioner Data Bank: States to Adopt a System of Reporting
February 2010
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Bulletin on HHS requirement for states to adopt a system for reporting certain adverse licensure actions taken against health care practitioners and entities. |
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False Claims Update -- January Wrap-Up
February 2010
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Wrap-up of health care false claims settlements and cases from the month of January 2010. |
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ARRA Jobs Estimates: Is Your Report Accurate?
February 2010
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Bulletin on new and simplified guidance from the Office of Management
and Budget regarding reporting on job creation estimates. |
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Case Regarding Part-Time Employment Agreements Violating Stark and Anti-Kickback Slated for Trial
February 2010
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Bulletin on the pending United States ex rel. Drakeford v. Tuomey Healthcare System qui tam health care false claims case regarding referrals from employed part-time physicians of the Tuomey Hospital.
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Acredula Newsletter -- January 2010
January 2010
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Newsletter for corporate boards and directors, including an article on director self-assessment. |
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Ohio Supreme Court: Public-Duty Rule Inapplicable in Civil Actions Brought Against Public Employees For Wanton or Reckless Conduct
January 2010
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The Ohio Supreme Court has clarified the extent of the "public-duty rule," a common-law doctrine that generally immunized municipal employees from tort liability for actions undertaken with respect to a citizen. |
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BrickerConstructionLaw.com Newsletter -- January 2010
January 2010
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This issue examines five of the most significant construction events over the last year and discusses how these events may influence the construction industry in the coming year. |
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Governor Strickland Focuses on Advanced Energy Development in State of the State Address
January 2010
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Article on the energy provisions of Ohio Governor Strickland's 2010 State of the State address. |
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Significant Changes to the Advanced Energy Portfolio Standard Rules
January 2010
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Article on the Public Utilities Commission of Ohio October revisions
to the Alternative Energy Portfolio Standard rules of Ohio Senate Bill 221. |
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Renewable Energy Credits Taking Shape in Ohio
January 2010
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The value of Renewable Energy Credits took another step toward gaining a more definitive market value in Ohio with the
completion of the Alternative Energy Portfolio rules by the PUCO. |
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U.S. Wind Industry Has Record Growth in 2009
January 2010
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Article on the American Wind Energy Association annual report outlining tremendous growth in the wind industry in 2009. |
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FirstEnergy Files for Approval of Three-Year Energy Efficiency and Peak Demand Reduction Portfolio Plan
January 2010
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The FirstEnergy electric distribution utilities have filed for approval of their first portfolio plan implementing the energy efficiency and peak demand requirements set forth in Ohio’s landmark energy legislation. |
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Treasury Releases Additional Guidance on Section 1603 Grants
January 2010
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Information on Treasury Department guidance on payments for specified energy property in lieu of tax credits under Section 1603 of the American Reinvestment and Recovery Act of 2009. |
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Manufacturing Tax Credit Awards
January 2010
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President Obama has announced the selection of 183 projects in 43 states, including Ohio, that will receive approximately $2.3 billion in Manufacturing Tax Credits under the Federal Stimulus Fund. |
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January Ohio Legislative Roundup: Advanced Energy and Energy Efficiency
January 2010
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The Ohio General Assembly is considering three bills that could impact advanced energy and energy efficiency in Ohio. |
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The Nonprofit Advocate -- January 2010
January 2010
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News and information for nonprofit organizations, including expectations for 2010 in taxation of tax-exempt organizations. |
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Is Your Organization Under Government Investigation or Involved in a Whistleblower Lawsuit?
January 2010
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Bulletin offering some tips to ensure that your organization’s response to a government investigation or a whistleblower lawsuit is appropriate and does not result in additional problems. |
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Expanded FCA Opens Door to More Qui Tam Whistleblower Actions Against Health Care Organizations
January 2010
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Bulletin on the 2009 passage of the Fraud Enforcement and Recovery Act, which amended and strengthened the False Claims Act, and all but guaranteed an increase in the number of whistleblower actions filed against hospitals and other health care providers. |
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Supreme Court Strikes Restrictions on the Use of Corporate Funds in Political Speech
January 2010
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Analysis of the January 21, 2010 U.S. Supreme Court decision lifting restrictions on corporate funds used for communications that expressly advocate the election or defeat of a political candidate or to fund independent electioneering communications. |
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Industry Alert: Ohio Payday Loan and Check Cashing Industry Comes Under Regulatory Assault
January 2010
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The Ohio Department of Commerce has begun serving "Notice(s) of Intent to Revoke Mortgage Loan Certificate of Registration
& Notice of Intent to Impose a Fine" for charging a separate fee for cashing loan checks at the same location where the loan originated. |
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Do Privacy Rights Extend to Ballot Issue Petition Signers? Supreme Court to Decide
January 2010
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Bulletin on an appeal before the U.S. Supreme Court balancing rights of privacy against the right to obtain referendum petition signers’ names and addresses under a state public records act. |
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Temporary Estate Tax Repeal
January 2010
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Bulletin on the temporary repeal of the federal estate tax and generation skipping tax. |
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Ohio Insurance Law -- Winter 2010
January 2010
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Ohio legislative, administrative and judicial updates for the insurance industry. |
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Protecting the Attorney-Client Privilege: Lessons Learned from The Christ Hospital Whistleblower Case
January 2010
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Bulletin with important tips for retaining the attorney-client privilege on documents, including e-mails and notes taken during meetings. |
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Report of December 30, 2009 Meeting with ODE Regarding Conversion School/Sponsor District Operational Independence
January 2010
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Bulletin on the December 30, 2009 meeting between Bricker & Eckler attorneys and officials of the Ohio Department of Education on operational independence. |
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Health Care False Claims Cases - A New Year's Update
January 2010
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Part of a series of special health care bulletins dealing with health care false claims cases and settlements suggestions for avoiding qui tam cases and reducing exposure. |
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U.S. Supreme Court: Order to Produce Attorney-Client Privileged Material Not Immediately Appealable
January 2010
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The United States Supreme Court has issued an opinion holding that a district court order to produce material purportedly subject to the attorney-client privilege is not immediately appealable. |
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Ninth Circuit Opens Door to Indemnification and Contribution Claims Against Third Parties in FCA Cases
January 2010
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Bulletin on a Ninth Circuit Court decision holding that a settling defendant in a False Claims case may be able to sue in contribution or indemnity against a third-party defendant. |
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