Publications and Presentations


Date	Title

October 15, 2008	New Commercial Docket in Certain Ohio Courts for the Resolution of Business Disputes The Supreme Court of Ohio has adopted new rules creating a commercial docket pilot program in the courts of five Ohio counties. These commercial dockets will provide a specialized forum for the resolution of business disputes between and among business entities and individuals. The goal of the program is to resolve these business claims more efficiently for the parties to the dispute. ...more

October 14, 2008	"Special Issues Regarding Disclosure and Release of Medical Records" and "Responding to Subpoenas" (October 30, 2008) Charles M. Johnson will be speaking at the "Medical Records Law in West Virginia" seminar on October 30th at the Holiday Inn Charleston House. Mr. Johnson's presentation will address "Special Issues Regarding Disclosure and Release of Medical Records" and "Responding to Subpoenas." ...more

October 3, 2008	Protecting Your Deposit Accounts Given the current crisis in the financial markets and the passage of the Troubled Assets Relief Program by Congress, it is reasonable for prudent customers to be concerned about the status of their insured deposit accounts at various financial institutions. As most depositors probably know, the Federal Deposit Insurance Corporation (“FDIC”) provides insurance for deposit accounts at many financial institutions, and will now (through December 31, 2009) cover most deposits dollar for dollar up to the insurance limit of $250,000 in the event that an insured financial institution fails. However, it is possible for a depositor to qualify for more than $250,000 in deposit insurance at the same insured institution if the depositor utilizes deposit accounts in the different ownership categories that the FDIC insures. ...more

October 2, 2008	Sixth Circuit Articulates Standards To Be Applied to USERRA Claims On August 18, 2008, the Sixth Circuit articulated the legal standards to be applied to claims brought under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"). In Petty v. Metro. Gov't of Nashville-Davidson County, 538 F.3d 431 (6th Cir. 2008), the Court held that once a plaintiff satisfied the four prerequisites to reemployment under USERRA, a defendant was not permitted to delay or otherwise limit his reemployment rights in any way, including requiring him to comply with its more stringent return-to-work process. Additionally, the Court determined the District Court failed to properly weigh and balance all of the evidence related to Petty's discrimination claim. ...more

October 2, 2008	White Paper On MSHA's Proposed Regs. -- 30 CFR Part 66 Highlights of Proposed Regulation Requires coal and metal/non-metal mines to have drug testing programs for all safety-sensitive personnel. Defines safety sensitive miners: persons who perform duties which are inherently dangerous on a regular and/or recurring basis and who are required to take comprehensive miner training. Also defined as any type of work activity where momentary lapse of critical concentration could result in accident, injury or death. Includes management and administrative personnel who supervise safety sensitive workers. ...more

September 30, 2008	Immigration Insights - September Issue Earlier this year the U.S. Department of State (DOS) introduced a new Nonimmigrant Visa Application, the DS-160, that combines and replaces the multiple nonimmigrant visa application forms currently filed by foreign national applicants seeking U.S. visas at U.S. consulates. DOS chose to limit the implementation of the new DS-160 to two U.S. consulates in Mexico -- Monterrey and Nuevo Laredo -- on a pilot basis. Starting October 22, 2008, all foreign nationals applying for nonimmigrant visas at the U.S. consulates in Montreal and Vancouver must use the new form DS-160. For visa interview appointments that occur before October 22, 2008, applicants must complete the DS-156 Electronic Visa Application Form currently in use. ...more

September 17, 2008	The Ohio Healthy Families Act Rescinded from the November Ballot On August 5, 2008, Ohioans for Healthy Families, a coalition supporting the Ohio Healthy Families Act (“OHFA”), submitted enough signatures to the Ohio Secretary of State to have the OHFA placed on the Ohio general election ballot for November 4, 2008. On September 4, 2008, after negotiations with Governor Strickland and other Ohio leaders, Ohioans for Healthy Families agreed to remove the OHFA from the Ohio ballot. In return, Governor Strickland and Senator Sherrod Brown have agreed to work towards similar legislation at the federal level. ...more

September 15, 2008	Nonqualified Deferred Compensation -- Section 409A Compliance Section 409A of the Internal Revenue Code was adopted as part of the American Jobs Creation Act of 2004. This Section applies to amounts which were deferred or became vested under a non-qualified deferred compensation plan after January 1, 2005. On April 10, 2007, the Internal Revenue Service issued Final Regulations under Section 409A. Those regulations and subsequent guidance from the IRS make it clear that *plans or arrangements which provide for deferred compensation generally must comply in form with Section 409A no later than December 31, 2008*. ...more

September 15, 2008	The False Claims Act: New Proposals a Cause for Concern The consequences of making false claims for government funds could become far more costly if a new amendment to the False Claims Act becomes law. The False Claims Act exacts civil money penalties and damages up to three times the erroneous payment from anyone who knowingly submits or causes submission of false claims for government funds. Through the False Claims Act, the U.S. Department of Justice (DOJ) has collected over 15 billion dollars in the past two decades. ...more

September 8, 2008	"Inside the Minds: Immigration Law Client Strategies," chapter written by Douglas Halpert Immigration Law Client Strategies is an authoritative, insider's perspective on understanding client goals and achieving the best possible outcome for corporate and individual clients in immigration matters. Featuring partners and chairs from some of the nation's leading law firms, these experts discuss how to manage expectations, develop client relationships, and plan strategically despite frequent changes in the complex landscape of immigration regulation. ...more

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