Monthly Archives: February 2012

Smart Business Cleveland-Special Report Legal: Lori Clary

The legal hazards that executive bloggers must steer through are many. Here are four of them, compiled by Lori Clary, an attorney with McDonald Hopkins LLC.

  • Blurring the line between personal and professional: As an executive, you’re the face of your company. When you post something online, it’s inevitable that what you say will be associated with and — in many cases — attributed to your company. As a result, it’s important that your blogging persona be just as deliberate and professional as you are on a day-to-day work basis. Anything less could result in a stray posting becoming Exhibit A in litigation against the company. If your blog is intended to express your personal opinions and viewpoints, make sure your readers know that and take care to ensure that your personal blog doesn’t negatively reflect on your ability to serve as an executive with your company.
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Four lessons private companies can learn from public companies about compensating their executives," Riley & Wirtshafter interviewed by Smart Business

One of the more interesting times of the year to be an executive compensation attorney -— proxy season -— is about to begin. That is when publicly traded companies issue their annual proxies containing a substantial amount of information regarding how they compensate their executives.

“This information not only contains a comprehensive analysis of the issues and factors that are taken into consideration in designing and implementing the compensation strategy, it contains detailed descriptions of the amounts paid to such executives,” says John M. Wirtshafter, a member with McDonald Hopkins. “In addition to simply being interesting reading, private companies can learn a lot from how public companies compensate their key employees.” 

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Enterprise Enforcement: OSHA’s Attack on Employers with Multiple Locations

By Alexis M. Downs and Eric J. Conn

Companies that operate multiple facilities in different locations, such as national retail stores, grocery chains, manufacturers, and hotel chains, need to be aware of three new OSHA enforcement trends with enterprise-wide consequences:

  • A rise in follow-up inspections and Repeat violations at sister facilities within a corporate family;
  • OSHA’s increasing pursuit of company-wide abatement provisions in settlement agreements; and
  • OSHA’s recent requests for enterprise-wide relief from the Occupational Safety and Health Review Commission.
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Working Out and Working the Room – Exercise and Networking


            We hope you enjoyed our interview with Betty Francisco, Executive Vice President of Millennium Partners Sports Club Management.  In the interview, Francisco wisely advocates that women should make time for working out.  She also advocates having an extensive professional and personal network.  She is definitely right on both counts.  Admittedly, many executive and working women have difficulty balancing work, professional networking, an active social life, and fitness.  As a busy attorney at Epstein, Becker, & Green, P.C., fitness and health, which are so integral to a happy existence at both home and work can often times get placed on the bottom of the “to do” list.  I have found that by cultivating  certain aspects of my life (e.g., professional networking and fitness or personal socializing and fitness), it is easier to maintain this juggle. 

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Text Free Zone: OSHA’s Distracted Driving Initiative Kicks Into Gear

By Casey M. Cosentino and Eric J. Conn

“Texting while driving” is an epidemic in America, which has prompted forty-two states and the District of Columbia to ban (completely or partially) this conduct for drivers.  Here’s a map of the U.S. states that have enacted some ban on texting while driving.  Studies suggest that texting while driving distracts drivers’ cognitive focus and removes their eyes from the road and hands from the wheel.  It is not surprising, therefore, that distracted driving is attributed with sixteen percent (16%) of all traffic fatalities in 2009.

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Recent CMS Guidance Allows Non-Medical Staff Practitioners To Order Hospital Outpatient Services

On February 17, 2011, the CMS Office of Clinical Standards and Quality/Survey & Certification Group issued letter memorandum S&C-12-17  regarding who may order hospital outpatient services (the “SCG Letter”).  The SCG Letter clarifies CMS’s interpretation of the Medicare Hospital Conditions of Participation (CoPs) for outpatient services set forth in 42 CFR 482.54.  The regulatory […]

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ILN Today Post

Issuing debentures: what’s in a name?

When a company intends to issue debentures, how to describe the debentures in a prospectus or an advertisement is a key consideration for that company. More…

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HEALTH REFORM: Paying Attention to the Fine Print: The Summary of Benefits and Coverage Final Rule and Its Impact on Consumers and the Health Insurance Market

On February 14, 2012, the U.S. Department of the Treasury, Department of Labor, and Department of Health and Human Services (collectively referred to as the “Departments”) published the Summary of Benefits and Coverage (“SBC”) Final Rule (the “Final Rule”)[1] implementing Section 2715 of the Public Health Service Act (“PHSA”), as added by the Patient Protection and Affordable Care Act (“PPACA”). This section of PPACA required the Departments to develop standards for use by group health plans and health insurance issuers offering group or individual health coverage in providing SBCs. Accordingly, the Final Rule details how the Departments envision an SBC that “accurately describes the benefits and coverage under the applicable plan or coverage.”[2] Additionally, the Final Rule sets forth a list of key definitions (“uniform glossary”) meant to help explain insurance terms.

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Download Our Updated Guide to Non-Compete Laws in Illinois

We are pleased to announce that an updated version of our guide, “Non-Compete Laws: Illinois,” is now available in PDF format. The updated guide reflects the recent Hafferkamp v. Llorca decision of the Second District of the Appellate Court of Illinois, which holds that Reliable Fire Equipment Company v. Arredondo, et al. (an Illinois Supreme Court decision which resolved several years of confusion over the appropriate standard for enforcing non-compete agreements in Illinois), should be applied “retroactively and proactively” to both future non-compete cases as well as pending non-compete cases that were filed before the date that Reliable Fire was decided.

The guide is part of a series of guides written and published by our firm, EpsteinBeckerGreen, and the Practical Law Company.

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