Since May 2022, the United States has experienced the single largest Monkeypox outbreak in the nation’s history. In fact, on Aug. 4, 2022, the Biden Administration declared Monkeypox a national public health emergency. While not expected to reach pandemic levels,...
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U.S. Aims to Boost Semiconductor Production With the CHIPS Act
[UPDATED 8/10/2022: CHIPS Act signed by President Biden] This week, President Biden signed H.R. 4346, the CHIPS for America Act of 2022, which is designed to provide over $50 billion in appropriations aimed at driving massive industrial growth and innovation within...
EEOC Updates COVID-19 & ADA Guidance on Workplace Testing, Vaccination
On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) released its most recent guidance to employers regarding COVID-19 procedures. At a time when COVID-19 cases continue to rise due to highly transmissible Omicron variants, the EEOC acknowledged that...
SEC Proposes to Narrow Bases for Excluding Shareholder Proposals
On July 13, 2022, the Securities and Exchange Commission (SEC) proposed rule changes that would make it harder for reporting companies to exclude shareholder proposals from their proxy statement by narrowing certain existing legal bases for excluding proposals....
Democratic Senators Reach Agreement On Climate and Tax Bill
On Wednesday evening, Senators Joe Manchin and Majority Leader Chuck Schumer announced that they had reached an agreement on a bill imposing a 15% minimum tax on certain large corporations, providing clean energy tax subsidies, incentives for consumers to conserve...
Parties Must Have a Meeting of the Minds for a Valid Contract
One of the basic tenets of contract law is that the parties must come to a “meeting of the minds” in order to have a valid and enforceable contract. Valid contracts require an offer, acceptance and consideration. Further, there must be a meeting of the minds of the...
Can Employers Prevent & Combat Employee Unionization?
The United States is currently experiencing a major resurgence of labor unions. As more fully discussed in The Resurgence of Unions: Why Now?, this upward trend in unionization can primarily be attributed to the COVID-19 pandemic, a political atmosphere that...
Even “Nominal” Defendants Must Participate in Lawsuits
A recent Sixth Circuit Court of Appeals case highlights the importance of defendants actively participating in lawsuits even when named as a seemingly nominal defendant. When property is in dispute, the owner is often not the only party with an interest in the...
Ohio Enacts New Elective Pass-Through Entity Tax
Last month, Governor Mike DeWine signed Senate Bill 246, authorizing Ohio pass-through entities (PTE), including S corporations, partnerships and limited liability companies taxed for federal income tax purposes as partnerships, to elect to pay a PTE level tax as a...
Overcoming the First Sale Doctrine: The Quality Control Exception
Brands that sell goods on eCommerce websites such as Amazon, eBay and Walmart have undoubtedly been confronted with the issue of unauthorized resellers. Unauthorized resellers damage a company’s brand, tarnish the company’s reputation and cut into profit margins....