Insights
Client Advisories
- July 2, 2020
IP Alert: U.S. Supreme Court Expands Registration of .COM Trademarks
Attorney Anastasia Wade discusses a recent U.S. Supreme Court case determining the registrability of ".com" trademarks that use generic terms. The Court held that a "generic.com" trademark may be registrable depending on how consumers perceive the term in the marketplace. This decision has the potential to expand the scope of ".com" trademarks afforded protection through registration with the U.S. Patent and Trademark Office. - June 26, 2020
Client Alert: The Affordable Care Act is Back Before the Supreme Court – What's This Fight All About?
Adopted back in 2010, then immediately challenged in courts across the country, the Patient Protection and Affordable Care Act, is back in the news due to a new case being heard by the U.S. Supreme Court. Attorney Stephen P. Bond discusses the current challenge and what it is likely to mean for you. - June 17, 2020
Video Alert: Brouse Briefing - PPP Loans, MSL Program and EIDL Program (June 17 Update)
Attorney Shelby Ranier discusses recent updates pertaining to COVID-19 programs. - June 15, 2020
Client Alert: The Supreme Court Rules Employers Cannot Terminate Employees for Being Gay or Transgender
In Bostock v. Clayton County, Georgia, the U.S. Supreme Court today ruled in a 6-3 decision that an employer that fires an individual for being gay or transgender violates Title VII of the Civil Rights Act of 1964. - June 12, 2020
Cybersecurity Alert: California Consumer Privacy Act Finality on the Horizon
The long-awaited California Consumer Privacy Act effective date is coming into view. On June 1, 2020, the California Attorney General (AG) submitted his final proposed rule to the Office of Administrative Law. - June 12, 2020
Client Alert: Questions Employers Should Consider Before Reopening – Revisited
Last month, we provided clients with a set of Q&As focused on issues employers could/would be facing as they sought to reopen operations. This alert covers two issues in particular, which we have seen raised by clients in the weeks since our last update. - June 10, 2020
Video Alert: Brouse Briefing - Main Street Lending Program (June 10 Update)
Shelby Ranier addresses recent developments with the MLS Program. - June 10, 2020
Client Alert: Fifth District Issues Decision on Application of Ohio's Marketable Title Act to Severed Mineral Interests
On May 11, 2020, the Fifth District Court of Appeals issued an opinion in Cain v. Horn, 5th Dist. Guernsey No. 19CA0031, 2020-Ohio-3171, addressing the issue of whether the more specific provisions of the Dormant Mineral Act control over the general provisions of the Marketable Title Act with regard to claims concerning the abandonment and extinguishment of a previously severed mineral interest. - June 4, 2020
Video Alert: Brouse Briefing - PPP Loans (June 4 Update)
Brouse McDowell attorney Shelby Ranier discusses recent developments in the Small Business Administration's Paycheck Protection Program (PPP) loan program. These developments offer flexibility for borrowers after the Senate cleared the Paycheck Protection Flexibility Act on June 3, 2020. The bill is currently awaiting the President's signature. - May 21, 2020
Labor & Employment Alert: OSHA Now Requiring All Employers with More than 10 Employees to Determine if COVID-19 Cases are Work-Related
This new guidance rescinds OSHA's prior guidance from April 10 on the same subject, which limited the obligation to making determinations on whether a worker contracted COVID-19 to the healthcare industry, emergency response organizations and correctional institutions. Effective May 26, 2020, OSHA will be again enforcing 29 CFR § 1904 and requiring that employers with ten or more employees make a determination whether an employee's confirmed case of COVID-19 is a recordable illness. - May 18, 2020
Video Alert: Brouse Briefing - PPP Loans (May 18 Update)
Brouse McDowell attorney Shelby Ranier notes the documents that need to be remitted to lenders for PPP loan forgiveness as well as additional points of clarification. - May 14, 2020
Video Alert: Brouse Briefing - PPP Loans (May 14 Update)
Brouse McDowell attorney Shelby Ranier discusses the latest developments in the Small Business Administration's Paycheck Protection Program (PPP) created in response to the coronavirus pandemic. - May 13, 2020
Labor & Employment Alert: Paid Sick Leave / Expanded FMLA The School Year Comes to an End – Now What?
Under federal paid sick leave and expanded FMLA programs created in response to Coronavirus, an employee may stay home to care for a child whose school has been closed due to the virus. Attorney Stephen Bond addresses whether an employee may use this benefit as a right to stay home and care for a child now that the school year is coming to a close for summer break, rather than closing due to the virus. - May 11, 2020
Video Alert: Protecting Your Trade Secrets and Confidential Information in the Era of Remote Working
As the workforce shifts to an era where remote working environments are more common, vigilance in protecting trade secrets and other confidential information must be a priority. In this brief video, Litigation Practice Group partners Kerri Keller and Wesley Lambert discuss 5 steps companies can take right now to protect their valuable trade secret assets. - May 6, 2020
Video Alert: PPP Loan Proceeds and Forgiveness Considerations - Things You Need to Know
In this brief video, Shelby Ranier discusses recent developments in the SBA's Paycheck Protection Program (PPP) loan program and some things that businesses need to be aware of to ensure the maximum amount of loan forgiveness. - May 5, 2020
Client Alert: Questions Employers Should Consider Before Reopening
The President recognized that a pandemic exists and declared a state of national emergency to exist effective as of March 13, 2020. While the State of Ohio is going to allow businesses to reopen, the "state of emergency" remains in effect as the predicate to the government's purporting to restrict businesses. The guidance in this alert assumes that the "emergency" situation officially continues to exist (which is to say, once the emergency conditions are declared to no longer exist, different legal recommendations are likely to apply). This alert covers some issues you may want to consider as you begin reopening. - April 30, 2020
IP Alert: Two Recent IP Rulings Have Far-Reaching Consequences
America's highest court issued two significant IP rulings in the past week. They can be summed up, paradoxically, as decisions that don't break new ground, but have far-reaching consequences. - April 30, 2020
Client Alert: There May be Exceptions to the Mask Requirement
On April 30, the State of Ohio once again revised its internet postings, specifically now allowing room for exceptions to the face mask requirement. - April 29, 2020
Client Alert: The Mask is Back
After the State of Ohio revised its internet postings on April 28 2020, we advised our clients of where each industry scheduled for reopening stood as of the Governor's daily press conference. This morning, the State has again revised its position, first, with respect to "Protocols for all businesses," saying: #1. Require face coverings for employees and recommend them for clients/customers at all times," and also importantly, with respect to "Operating Requirements" for specific industries. - April 28, 2020
Video Alert: Policyholders Can Find Support for COVID-19 Business Interruption Claims in Unexpected Places
In this brief video, attorney Wesley Lambert discusses how policyholders can draw support from government directives and court decisions arising from the pandemic to show that "physical loss or damage" has occurred, triggering coverage under their property policies. - April 28, 2020
Health Care Alert: Important HHS Payment Option Updates
As we have been communicating, the Department of Health and Human Services (HHS) continues to provide updates regarding new and existing relief funds available to health care providers during the COVID-19 pandemic. - April 28, 2020
Client Alert: State Announces Schedule for Reopening Businesses
On Monday, the Governor has announced the State's plan for allowing businesses to reopen. This morning, the criteria were amended to revise the mask "requirement." This Alert reflects the status of the criteria as of the afternoon of April 28, 2020. - April 24, 2020
Corporate Alert: PPP Loan Funding Replenished - 3 Things You Need to Know
On April 23, 2020 the House passed the newest federal stimulus package aimed at providing additional financial relief for small businesses that have not already received a PPP loan. This alert covers three things you must know to take advantage of this second round of funding. - April 24, 2020
Client Alert: "Necessity is the Mother of Invention" - Checklist of Issues to Consider Before Reopening After COVID-19
In preparing for reopening the economy, at least two things will be certain: (1) we need to protect our employees and provide a safe workplace, which will provide confidence for our customers, patrons, and clients that they will be safe, and (2) we must leverage every opportunity, financial and otherwise, to maximize the success of continued operations. This guide provides issues to consider for all business owners in preparing to reopen in this new environment. - April 23, 2020
Corporate Alert: "Show Me the Money" - PPP Loan Proceeds and Forgiveness Considerations
Now that many small businesses are receiving disbursements of PPP loan proceeds, the focus turns to loan forgiveness; a hurdle that recipients will have to tackle in eight weeks. We have compiled a list of things to consider to ensure that your forgiveness application doesn't create any roadblocks for your business. - April 23, 2020
Health Care Alert: HHS Stimulus Payment Terms and Conditions Attestation Portal Now Open; More Funding Forthcoming
Many health care providers received an injection of cash thanks to the Coronavirus Aid, Relief, and Economic Security (CARES) Act stimulus fund on April 10 and April 17, 2020. This money is considered payment which is not a loan and does not need to be repaid; however, providers must either accept or reject the terms and conditions and payment.via the CARES Act Relief Provider Payment Attestation portal which just recently opened. - April 20, 2020
Insurance Alert: Policyholders Find COVID-19 Property Coverage Ally in Pennsylvania Supreme Court
It has been well-chronicled that policyholders looking to their property business interruption insurance to cover losses arising from the COVID-19 pandemic will face resistance from insurers on the issue of whether the policyholder has suffered "direct physical loss or damage" to covered property. While it may take months, or years, of litigation to sort through the variations in policy language, underlying facts, and scientific support that will determine the success of these claims, policyholders can find support in both governmental orders related to the pandemic as well as court orders addressing other aspects of this crisis. - April 13, 2020
Health Care Alert: HHS Stimulus Payments Have Terms and Conditions
By now, many health care providers have received a nice "bonus" in their bank accounts from the U.S. Department of Health and Human Services (HHS) via an EFT transfer which hit most accounts this past Friday morning, April 10, 2020. The ledger entry likely states "HHS Stimulus". While this seems like a much-needed cash boost in this unprecedented time of the COVID-19 crisis, make sure you review the HHS Terms and Conditions on the use of these funds. - April 10, 2020
Labor & Employment Alert: $1.6 Billion to Ohio Employers Approved to Overcome COVID-19
The Ohio Bureau of Workers' Compensation (Ohio BWC) Board of Directors today approved distribution of $1.6 billion to Ohio employers to help them overcome the economic hardship of the COVID-19 pandemic. - April 10, 2020
Client Alert: Ohio Stay at Home Order – The Creation of a Dispute Resolution Commission
The purpose of the Commission is to resolve conflicting interpretations of the Order made by local health departments, including interpretations as to the types of businesses that constitute "Essential Businesses and Operations." - April 8, 2020
Client Alert: Premises Liability in a Pandemic—Be Reasonable and Take Precautions
Ohio's Stay at Home Order has been amended to extend through May 1, 2020. Now is a good time for businesses to review their safety precautions and protocols to ensure they remain compliant with the Order. This is necessary for businesses not only to minimize exposure to COVID-19 and potential liability to the State for violating the Order, but also to minimize exposure to potential liability to others for maintaining unsafe premises. - April 6, 2020
Labor & Employment Alert: Update On the Federal Government's $600 Unemployment Increase
Based on information published by the Department of Labor (DOL) last Saturday, here is an update on what is happening with the Federal Government's unusual $600 increase in unemployment benefits, authorized by Congress. - April 3, 2020
Labor & Employment Alert: Latest Government Guidance on Requesting Employee Documentation to Approve Leaves Under New Federal Programs
ll employers with 500 or fewer employees are now aware of the federal mandates to provide both paid sick leave and expanded FMLA leave to their employees who qualify. The situation has been a bit hazy, however, with respect to exactly when these benefits commence, and what information an employer could/should compile from the employee in order to receive these benefits. The federal law is ambiguous; two agencies, the Department of Labor and IRS have input into the enforcement mechanisms and their "guidance" has been confusing. But, with publications issued earlier this week, the fog has cleared; and we can now offer clarifications. - March 31, 2020
Health Care Alert: CMS Offers Accelerated Payments to Help Providers with COVID-19 Cash Flow Issues
In response to the changes for health care providers resulting from the COVID-19 pandemic and likely disruption in normal cash flow operations, the CMS has expanded its Accelerated and Advance Payment Program to a broader group of Medicare Part A and B providers and suppliers. With the passage of the CARES Act (Coronavirus Aid, Relief and Economic Security Act), CMS is offering participating Medicare providers and suppliers the opportunity to take an advancement on their "typical" Medicare payments to help with cash flow shortfalls. - March 31, 2020
Insurance Alert: Should I Submit a Business Interruption Claim for COVID-19 Income Loss?
Here we are taking a minute to address the number one, more practical question we are hearing: should I submit a business interruption claim for COVID-19 related income loss? The answer? Well, it's complicated. - March 31, 2020
Corporate Alert: 3 Actions Your Small Business Can Take Immediately and Other Key Updates to the CARES Act
On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief and Economic Security Act (CARES Act), providing $2 trillion in stimulus funding. The CARES Act includes several measures to help small businesses including forgivable loans. - March 31, 2020
Labor & Employment Alert: Guidance on Ohio Unemployment Compensation
For employers contemplating/in the midst of instituting layoffs/furloughs, the State is requesting that you provide your laid off employees with notice of this number (2000180) to be used by them in applying for unemployment benefits. - March 31, 2020
Real Estate Alert: Can the COVID-19 Pandemic Trigger a Force Majeure Provision in Commercial Leases to Excuse Payment?
With businesses closing their doors, cash flow for many companies has come to a halt, making it difficult to satisfy payment obligations—including rent payments under lease agreements. The question now is whether a force majeure clause in a commercial lease would excuse payment under the current pandemic situation. - March 30, 2020
Corporate Alert: Alternatives to In-Person Meetings in the Wake of COVID-19
In this article, we will address various trending topics surrounding alternatives to in-person meetings for the public and the private sectors, including pros and cons of hosting virtual meetings, laws affecting these meetings for public entities, limited liability companies and corporations, actions by written consent, as well as best practices for holding these meetings in light of COVID-19. - March 27, 2020
Client Alert: $2 Trillion Stimulus Package – "The CARES Act" – To Aid Businesses and Individuals During The Coronavirus Pandemic
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) addresses the economic impact of the COVID-19 (coronavirus) outbreak. Here is a summary of the Act. - March 27, 2020
Insurance Alert: How Do I Get Business Interruption Covered: Does COVID-19 Constitute Direct Physical Damage or Loss?
Property policies generally require "direct physical loss or damage" to property owned, leased or rented by the insured in order to trigger business interruption coverage. Does a pandemic that has contaminated nearly every state, causing sweeping "stay-at-home" orders constitute "direct physical loss"? - March 26, 2020
Labor & Employment Alert: The DOL Poster for The Families First Coronavirus Response Act
As part of the rollout of the Families First Coronavirus Response Act (FFCRA), the Department of Labor published a poster on its website today that employers are required to post in the workplace informing employees of their rights to paid leave and extended family and medical leave for specified reasons related to COVID-19. - March 26, 2020
Insurance Alert: Ohio Department of Insurance Imposes Certain Obligations Upon Health Insurance Companies & Provides Premium Relief for Companies
The Ohio Department of Insurance (ODI) issued a series of bulletins that require health insurance companies to provide certain relief to Ohio companies with respect to their fully-insured group medical policies. - March 26, 2020
Insurance Alert: Ohio Legislature Introduces Bill Regarding COVID-19 Business Interruption Losses
On March 24, 2020, the Ohio Legislature introduced House Bill 589, the purpose of which is to "protect small businesses from catastrophic losses" arising from the COVID-19 pandemic. - March 26, 2020
Client Alert: FDA and TTB Guidance on Production of Hand Sanitizer to Address the COVID-19 Pandemic
In order to address the decreased market supply of hand sanitizer products resulting from the rapid spread of the COVID-19 pandemic, the Food and Drug Administration (FDA) issued two guidance documents to temporarily ease restrictions related to the manufacturing of certain alcohol based hand sanitizer products, both effective immediately. The Alcohol and Tobacco Tax and Trade Bureau (TTB) also released guidance to assist in increasing the volume of hand sanitizer on the market. - March 25, 2020
Labor & Employment Alert: DOL Issues Compliance Assistance Under the Families First Coronavirus Response Act
The Department of Labor's Wage and Hour Division published on its website compliance assistance to employers and employees on their rights and responsibilities under the Families First Coronavirus Response Act (FFCRA). - March 25, 2020
Labor & Employment Alert: The WARN Act – Advance Notice for Plant Closures and Mass Layoffs
On Monday March 23 at midnight, the "Stay At Home Order" issued by Ohio's Director of Public Health became effective. This order required all non-essential businesses to cease operations. While imperative for public health, the effect of this order (and previous orders aimed at preventing the spread of COVID-19) will undoubtedly cause businesses throughout the state to implement layoffs or close plants. In a nutshell, the federal Worker Adjustment and Retraining Notification Act (the "WARN Act") requires those businesses, which are governed by its provisions, to provide at least 60 calendar days advance written notice of any plant closing or mass layoffs to its affected employees. - March 24, 2020
Corporate Alert: 10 FAQs - SBA Economic Injury Disaster Loans
Congress has pledged billions of dollars to the Small Business Administration's (SBA) Disaster Loan Program to aid businesses who have suffered an economic injury as a result of COVID-19. - March 24, 2020
Labor and Employment Alert: Ohio Workers' Compensation COVID-19 Claims and Updates
COVID-19 is affecting current workers' compensation claims, bringing changes to premium deadlines, medical examinations, hearings and audits. Additionally, COVID-19 claims may be brought forward against employers. - March 24, 2020
Estate Planning Alert: Ohio Law Compliance - Signing Documents in the Midst of the Current Pandemic
Typically, you have time to make arrangements with your attorney to sign documents at our office; however, the signing of documents becomes more muddled when you may not be able to meet at our office due to your health, self-isolation, social distancing or quarantines imposed by the government. A month ago, we never would have thought any of this possible, but we are here today and we must adapt and accommodate to the current ever-changing situation and government guidelines. - March 23, 2020
Corporate Alert: The Defense Production Act - Incentivizing Production in the Private Sector
COVID-19 has caused shortages in protective medical gear, and is likely to result in a shortage of ventilators and other supplies and equipment needed to treat patients suffering from the virus. President Trump, along with Congress, has contemplated the use of several different tools necessary to fight this national emergency. - March 22, 2020
Client Alert: Impact of Governor DeWine's Stay-at-Home Order for Businesses
Governor Mike DeWine and Director of Health Dr. Amy Acton have issued an order requiring all Ohioans to stay at home unless they are "essential." - March 20, 2020
Insurance Alert: Analyzing Business Interruption Insurance Claims
As the economic fallout from the coronavirus continues to grow, affected businesses are asking: Am I covered? Should I make a claim? And, is the government doing anything about this? - March 19, 2020
Construction Alert: Does a force majeure provision excuse COVID-19 related performance issues in construction contracts?
Will COVID-19 trigger a force majeure provision? Will force majeure principles still apply absent a provision? Should COVID-19 impact the way future construction contracts are crafted? - March 19, 2020
Labor & Employment Alert: The Families First Coronavirus Response Act Is Now Law
The bill passed by the House last weekend and then revised, has now been approved by the Senate and signed by the President. From an employer's perspective, what does it mean for you? - March 16, 2020
Corporate Alert: 5 Tips for Small Business Owners to Protect Their Financial Health From COVID-19
On March 9, 2020, Gov. Mike DeWine declared a state of emergency in the State of Ohio in response to the COVID-19 pandemic. Since that time, we have seen increased restrictions on travel, the food and beverage industry and cancellation of group events in an effort to alleviate this public health threat. With additional constraints on the horizon and the continued emphasis on "social distancing", business owners are left to wonder what can be done to protect the financial "health" of their companies. - March 13, 2020
Labor & Employment Alert: Handling the COVID-19 Pandemic
This alert covers how your business can help mitigate the spread of COVID-19, by complying with quarantine restrictions and keeping a safe workplace, while minimizing the impact to your business and bottom line. - March 12, 2020
Cybersecurity Alert: COVID-19 & Cybersecurity
Stay vigilant! COVID-19 (aka the coronavirus) has health care experts around the world scrambling. Recently being named a "pandemic" by the World Health Organization (WHO) COVID-19 has caused global concern for health and well-being due to its rapid spread throughout many countries, including The United States. - January 9, 2020
Cybersecurity Alert: New Regulation That Will Impact Any DoD Contractors in 2020 and Beyond
Craig Horbus writes about how the CMMC will combine various cybersecurity control standards such as NIST SP 800-171 (Rev. 1 & Rev. B), NIST SP 800-53, ISO 27001, ISO 27032, AIA NAS9933 and others into one unified standard for cybersecurity for Department of Defense (DoOD) contractors. - January 6, 2020
Cybersecurity Alert: Cybersecurity Breaches Still Wreaking Havoc for Businesses
The business community continues to be plagued by cyber crime. At Brouse we have successfully provided support to companies impacted by ransomware and other similar cyber incidents such as the one Wawa just experienced. We cannot underscore how important it is that you have a security team and plan in place to respond swiftly to data security incidents.
