At least once a week, clients ask us questions along the following lines: someone filed a police report against me, will I be arrested? When will I be charged? Will the police come looking for me? I didn’t do anything wrong, so when will the police tell me the...
Articles
Is Ban on “Immoral” or “Scandalous” Trademark Registrations Constitutional? Supreme Court to Decide
By David Posteraro Brand Scandal at the Trademark Office: Section 2(a) of the Trademark Act is FUCT Sex sells. From lux designers to street wear, wines and cosmetic, brands flirt with the scandalous. At times this flirtation is explicit in the brand name itself....
National Labor Relations Board Restores Independent-Contractor Test
The National Labor Relations Board (NLRB) has overturned yet another Obama-era precedent—the 2014 FedEx Home Delivery decision. On January 25, 2019, the NLRB issued a new decision, in SuperShuttle DFW, Inc., No. 16-RC-010963, reversing course and clarifying the...
Is Your Business Prepared for Tax Season Cyber Attacks?
By Kyle Hutnick Every year around this time, the IRS sounds the alarm about threats of stolen identity thanks to crooks looking to con you into handing over your sensitive information. This tax season is no different, with rising reports of social engineering schemes...
Stark 101 for Physicians
By Kate Hickner A version of this article was previously published in Communique. Sometimes those of us in the healthcare industry become so immersed in the multitude of applicable regulations, and their evolution and ambiguities, that we need to take a step back and...
HIPAA Business Associate Agreements: Why These Contracts Matter
By Kate Hickner No one loves drafting, reading or negotiating HIPAA Business Associate Agreements (BAAs). Yet many of us need to do so, and some of us do so daily. They are often boring, dense and technical, but BAAs are important from both a legal and a business...
Another Local Point of Sale Ordinance in Ohio Held to be Unconstitutional
(Criminal Penalties and Lack of Warrant Procedure Held to be Key Failings of Bedford, Ohio’s Former Point of Sale Ordinance) The U.S. District Court for the Northern District of Ohio has held in Pund v. City of Bedford, Case No.1:16-cv-1076 (N.D. Ohio Sept. 10,...
Brand Cohesion: Missteps and Steps to Cohesive Branding
By David Posteraro Brands, like celebrities, may be famous for nothing other than the fact of being recognized. They work at their own distinction. Like fashion, brand acceptance is fickle; its time in the sunshine of acceptability fleeting. Developing a successful...
New Resource for Ohio Health Care Providers
Ohio Medicaid Issues Standard Authorization Forms for the Disclosure of Health Information By Kathryn E. Hickner The Ohio Department of Medicaid (“ODM”) has adopted two standard authorization forms for the use and disclosure of health information, in an effort to...
Could You Be a HIPAA Business Associate and Not Know It?
By Kate Hickner Featured in KJK Today Year-End 2018 We have all heard about HIPAA. It’s a federal law designed to set a minimum floor for the privacy and security of protected health information. Over the years, HIPAA has been expanded and strengthened. It’s now...