Highlighted Posts

Posts from January 2021.

On January 28, 2021, the Department of Health and Human Services (HHS) announced that it was amending its Declaration under the Public Readiness and Emergency Preparedness Act (PREP Act) to add additional categories of qualified persons authorized to prescribe, dispense, and administer COVID-19 vaccines authorized by the Food and Drug ...

On January 19, 2021, the Office for Civil Rights (OCR) announced that it is waiving penalties otherwise enforceable against covered entities and their business associates for potential HIPAA violations related to the good faith use of online or web-based scheduling applications for COVID-19 vaccination appointments. OCR encourages the use ...

On January 28, 2021, President Biden signed an Executive Order reopening the Affordable Care Act’s federal insurance marketplaces to allow uninsured and under-insured to seek affordable insurance. Based on this Executive Order, the Department of Health and Human Services (HHS) announced it will open HealthCare.gov for a three-month ...

As has been widely-reported, the Biden Administration is rapidly making immigration changes in his first few days in office and proposing others to Congress. The American Immigration Lawyers Association has published a summary of the changes to date which is available here.

Written by Jacob Eldemire Smith

Trademark infringement litigation often boils down to a court’s determination as to whether an alleged infringer’s use of a trademark is likely to confuse the consuming public as to the origin of the goods or services offered under the mark. But some cases never make it that far. In the Sixth Circuit, a ...

Ohio’s Eleventh District Court of Appeals recently declared part of Ohio’s Public Employees Collective Bargaining Act that prohibited unions from encouraging members to picket at the homes and places of private employment of public employer representatives unconstitutional. In Portage County Educators Association for ...

As of January 6, 2021, the Supreme Court of Kentucky issued Administrative Orders 2021-01 and 2021-02 to replace Administrative Orders 2020-71 and 2020-72 in their entirety. The Orders extend restrictions on in person proceedings that were set to expire on February 1, 2021, including:

  • Postponing all jury trials until April 1, 2021; 
  • Requiring ...

Today the Department of Labor (“DOL”) published its Final Rule regarding Independent Contractor Status under the Fair Labor Standards Act (“FLSA”). See the press release here. The Independent Contractor test for the FLSA remained largely unchanged until five or six years ago, when the DOL revised the test making it “virtually ...

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