Monthly Archives: April 2012

Healthcare Alert: Recent developments concerning HIPAA audits and penalties for non-compliance

The United States Department of Health and Human Services Office for Civil Rights (OCR) has recently announced that the first 20 HIPAA audit letters have been sent to covered entities. The audit program will involve up to 150 covered entities by the end of 2012.

Of the first 20 audit letters, 10 involve healthcare providers, including at least three physicians or physician groups, as well as a laboratory, a pharmacy and other providers. Upon receipt of the audit letter, the covered entity has only 10 days to provide the requested information. 

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Multistate Tax Services Alert: Ohio Department of Taxation scrutinizing Restaurant Sales Tax Collection

The Ohio Department of Taxation (Department) announced at the 2012 Ohio Tax Conference a new sales tax audit program focused on the restaurant industry. The Department will be focusing considerable efforts to address a perceived sales tax noncompliance for restaurants.

Ohio imposes a sales tax on the sale of prepared food when the food is eaten on the premises where sold. The sale is not taxable (except for the soft drinks) if the customer orders the prepared food “to-go.” It is our understanding the Department believes a substantial number of restaurants are not collecting an appropriate amount of sales tax.

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Take Five: Labor and Employment Views You Can Use

The April issue of “Take 5: Views You Can Use,” written by David W. Garland, a Member of the Firm in Epstein Becker Green’s New York and Newark  Offices, David W. Garlanddiscusses a number of topics relevant to employment in the financial services industry.   In these times of continuing downsizing at many financial services firms, we particularly recommend the discussions of the EEOC’s amended rules governing the defenses to disparate impact claims based on age, and a recent case regarding the application of Title VII to the provision of severance benefits.  The April 2012 issue also covers employer requests for access to employee Facebook accounts, a new EEOC publication on the rights of disabled veterans returning to the civilian workforce, and challenges to the use of unpaid interns.
Click here (PDF) to  read the April issue of ‘Take 5.”
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Week of April 23, 2012 on ILNToday – A Roundup

When did it get to be the end of April already? This year is flying by!

So without further ado, here are the most popular articles from ILNToday for this week!

  • Official Marks in Canada – Foreign public authorities need not apply from Clark Wilson: Karen Monteith discusses the Federal Court of Canada recent ruling in favor of Maple Leaf Foods Inc. in an appeal of the decision of the Registrar of Trade-marks.
  • Pitfalls In Proving CERCLA Divisibility Of Harm from Epstein Becker & Green: Bill Ruskin delves into the Pakootas v. Teck Cominco Metals Ltd. case, and a judge’s recent ruling that PRP Teck Cominco Metals, Ltd. failed to prove that contamination at a CERCLA site was divisible and, as a result, will be subject to CERCLA 107 joint and several liability at an upcoming September 2012 bench trial. 
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ILN Today Post


The District of Columbia Circuit Court of Appeals has enjoined the National Labor Relations Board (NLRB) from implementing its posting requirement rule, which was scheduled to go into effect on April 30, 2012. The rule would have required employers, regardless of whether their workforce is unionized, to post a notice of employees’ rights under the National Labor Relations Act (NLRA).

The Court of Appeals issued the temporary injunction due to conflicting decisions issued at the District Court level as to whether or not the NLRB has the authority to implement the rule. The NLRB has posted on its website, “The rule, which had been scheduled to take effect on April 30, 2012, will not take effect until the legal issues are resolved. There is no new deadline for the posting requirement at this time.” More…

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Eugenija Sutkienė – commission member of the project “Lithuanian Business Leaders”

The daily Verslo Žinios has been organising an event for top managers for the second year already, during which the commission members, representatives of business associations and journalists of Verslo Žinios elect the CEO of the Year. Awards will also be given in the following nominations: Export of the Year, Investment of the Year, the Most Efficient Company and the Greenest Company.

“Lithuanian Business Leaders” is a project intended for large national companies, it helps to create an area where company managers can share their experience, opinions, get inspiration for new projects. 

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Ohio Statehouse Update: Week in Review — April 27, 2012

1. House approves Mid-Biennium Review bills

House Bills 487, 508 and 509 received House approval on April 25, 2012. The bills, included in the Governor’s Mid-Biennium Review (MBR) package of legislation, will now go to the Senate for consideration. The House made various changes to the bills that were formerly included in H.B. 487.

Among the many provisions in the general MBR bill, H.B. 487:

  • Creates the Healthy Lake Erie Fund and provides a $3 million appropriation to reduce algae blooms on Lake Erie.
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Let’s Get Specific – On LinkedIn

Over the last couple of days, I’ve been working on developing a few sub-groups for our International Lawyers Group member group on LinkedIn.  These groups are online forums for our Specialty Groups, which member firm attorneys participate in throughout the year.

As I’m developing the groups, I’m going through my LinkedIn contacts to invite those who practice in those areas to participate. And I’m seeing a lot of this:

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ILN Today Post

Davis & Gilbert Featured in The National Law Journal’s 2012 Midsize Hot List

New York, April 25, 2012 – The National Law Journal has selected Davis & Gilbert LLP for its coveted 2012 Midsize Hot List. The list recognizes midsize law firms throughout the country that distinguished themselves by handling leading cases and transactions and by “spotting legal trends while they’re still emerging and positioning themselves to take advantage,” according to the publication. Only twenty firms were selected through a rigorous evaluation process, and Davis & Gilbert is one of only five “featured” firms.

“We are both proud of and excited by this recognition,” stated Ronald Urbach, the firm’s Chairman and Co-Chair of the Advertising practice group. “It validates Davis & Gilbert’s 106-year history of being strategically focused in a wide range of service sector industries, and above all, putting our clients first.” More…

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Grain Journal Features OSHA’s Enforcement Efforts in the Grain Industry

Late last year, I delivered a keynote address to the National Grain & Feed Association’s (NGFA) annual Country Elevator Conference regarding:

  1. Why it is important for grain handlers to prepare now for an OSHA inspection;
  2. What to do now to prepare for an OSHA inspection; and
  3. How best to manage an OSHA inspection once it begins.

The Grain Journal, a leading voice in the grain industry, published a three-part article series about my speech in its March/April issue.  The articles   – “OSHA Is Targeting You,” “Preparing for an Inspection,” and “During the Inspection” – can be found here at pages 68 – 80 of the March/April issue of Grain Journal.

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