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Today’s Hot Topics for In-House Counsel

August 02, 2023 12:00 pm EST

This half-day seminar will cover a variety of timely topics for in-house legal counsel, including recent developments in the cybersecurity area; understanding and effectively utilizing alternative dispute resolution practices; an update on current labor and employment topics, including joint employment liability impacts on business, trends and pitfalls of using artificial intelligence (AI) in the workplace, and highlights of the NLRB’s very busy year; and an interactive presentation on ethics, reporting and internal investigation considerations for the in-house attorney.

Contact Kevin McMurray for more information.


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Theresa A. Canaday

Litigation Department Chair

Louisville, KY

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Kevin L. Colosimo


Pittsburgh, PA

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Anne E. Duprey


Columbus, OH

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T. Ray Guy


Dallas, TX

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Kevin N. McMurray

Practice Group Leader

Cincinnati, OH

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Gene F. Price


Louisville, KY

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ESOPs Encouraged but Do It Right! SECURE 2.0 ESOP Provisions and Expanded IRS Focus

August 17, 2023 | Publications

The SECURE 2.0 Act of 2022 (SECURE 2.0), which was passed as 2022 wound down, expands on the Setting...

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Student Loan Relief Denied in 6-3 Decision by the Supreme Court

August 16, 2023 | Publications

Biden v. Nebraska, 143 S. Ct. 2355 (June 30, 2023) In Biden v. Nebraska, the Supreme Court held that...

Supreme Court Narrows Clean Water Act’s Jurisdictional Scope in Sackett v. EPA

August 16, 2023 | Publications

Sackett v. U.S. Environmental Protection Agency, 143 S. Ct. 1322 (May 25, 2023) Since 2001, the U.S....

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Supreme Court Rejects Dormant Commerce Clause Challenge to California Restrictions on Sale of Pork

August 16, 2023 | Publications

National Pork Producers Council v. Ross, 143 S. Ct. 1142 (May 11, 2023) In National Pork Producers C...

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Supreme Court Rules that States Can’t Take More Property Than They Are Owed

August 16, 2023 | Publications

Tyler v. Hennepin County, Minnesota, 143 S. Ct. 1369 (May 25, 2023) The Fifth Amendment’s Takings ...

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Supreme Court Ends Considerations of Race in College Admissions

August 16, 2023 | Publications

Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 143 S. Ct. 2141 (J...

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Supreme Court Defines Limits of Social Media Company Liability

August 16, 2023 | Publications

The U.S. Supreme Court issued two decisions in the 2022-23 term that begin to define the limits of l...

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Supreme Court Clarifies ‘Transformative’ Art in the Context of Copyright ‘Fair Use’

August 16, 2023 | Publications

Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 143 S. Ct. 1258 (May 18, 2023) In And...

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Supreme Court Rules First Amendment Permits the Sale of ‘Expressive’ Goods and Services from Com...

August 16, 2023 | Publications

303 Creative, LLC v. Elenis, 143 S. Ct. 2298 (June 30, 2023) In a 6-3 ruling, the U.S. Supreme Court...

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Supreme Court Holds Post-Trial Motions Not Required to Preserve Appellate Rights on Purely Legal Que...

August 16, 2023 | Publications

Dupree v. Younger, 143 S. Ct. 1382 (May 25, 2023) In Dupree v. Younger, the U.S. Supreme Court held ...

Divided Supreme Court Rules that Appeals from Arbitration Denials Automatically Stay All District Co...

August 16, 2023 | Publications

Coinbase, Inc. v. Bielski, 143 S. Ct. 1915 (June 23, 2023) In Coinbase, Inc. v Bielski, a 5-4 U.S. S...

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‘Consent by Registration’: Supreme Court Reaffirms the Hidden Impact on Out-of-State Companies R...

August 16, 2023 | Publications

Mallory v. Norfolk S. Ry. Co., 143 S. Ct. 2028 (June 27, 2023) While it received far less fanfare th...

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Supreme Court Reaffirms Patent Law’s Enablement Requirement

August 16, 2023 | Publications

Amgen Inc. v. Sanofi, 143 S. Ct. 1243 (May 18, 2023) In Amgen Inc. v. Sanofi, the U.S. Supreme Court...

Major Tax Changes in Ohio – H.B. 33 Biennial Budget Bill Tax Update

August 15, 2023 | Blogs

Signed by Governor Mike DeWine on July 3, 2023, Ohio’s Fiscal Year (FY) 2024-2025 biennial ope...

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New Rules Require Plans to ‘Chase Time’ – Coverage for Long-Term Part-Time Employees

August 15, 2023 | Publications

Certain 401(k) and 403(b) plans must be amended to allow part-time employees to participate under ne...

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NLRB’s New Standard: Work Rules and Policies Are Unlawful if They ‘Could’ Be Interpreted to Ha...

August 11, 2023 | Publications

On August 2, the National Labor Relations Board (NLRB or “Board”) issued its long anticipated de...

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Ninth Circuit Upholds EPA’s NPDES Permitting Authority Affecting the Combined Water Sewer Systems ...

August 8, 2023 | Publications

In City and County of San Francisco (San Francisco) v. U.S. Environmental Protection Agency (EPA), 2...

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Florida Places Restrictions on Real Estate Acquisitions by Certain Foreign Entities

August 4, 2023 | Publications

Florida Senate Bill 264 (the “Bill”) was signed into law on May 8, 2023, by Florida Governor Ron...

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Interest Rate Woes: A Snapshot of the Lending Landscape in Commercial Real Estate

August 4, 2023 | Blogs

This was originally published in Reuters Legal News (August 3, 2023). Over the past year, rising in...

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Federal & State Tax Implications of Kentucky’s New Employee Child Care Assistance Partnership...

August 3, 2023 | Blogs

Governor Andy Beshear signed House Bill 499 into law in April 2022, thereby creating a new program c...

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AI: Tomorrow’s Platform or Today’s Ethical Quicksand?

August 2, 2023 | Blogs

This article was originally published in Indiana Lawyer.  Advances in artificial intelligence (AI) ...

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Indiana’s New Successor Tax Liability Statute – How to Comply and Avoid Pitfalls

July 28, 2023 | Blogs

*Kenny Schwalbert, a J.D. candidate at the University of Louisville Brandeis School of Law, contribu...

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The Corporate Transparency Act: Considerations for Effectively Using the FinCEN Identifier

July 28, 2023 | Blogs

The Corporate Transparency Act (CTA) is scheduled to take effect in a matter of months (on January 1...

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Aftershocks: Where Do Businesses Go After ‘Mallory’?

July 28, 2023 | Publications

Businesses operating in multiple states should take heed of the U.S. Supreme Court’s recent opinio...

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USCIS to Permit Certain E-Verify Employers to Conduct Remote I-9 Document Examination

July 27, 2023 | Publications

On August 1, 2023, United States Citizenship and Immigration Services (USCIS) will permit certain em...

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Sale or Redemption of a Partnership Interest – Is There a Difference?

July 27, 2023 | Blogs

Partners in a partnership and members of a limited liability company that is taxed as a partnership ...

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Dueling Federal and State Actions: The ‘Colorado River’ Doctrine

July 27, 2023 | Publications

I. The Colorado River Doctrine – Alive and Well Consider the following: two parties to a contract ...

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Overcoming Hurdles to Enforcing Third-Party Subpoenas for Documents in Construction Arbitration

July 26, 2023 | Publications

*This article was originally published in the Summer 2023 edition of the Columbus Bar Association...

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LPs and LLCs Continue to Reign Supreme for Private Equity Funds and Sponsors in Delaware

July 26, 2023 | Blogs

This was originally published in Reuters Legal News (July 26, 2023). Private equity and investment ...

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You Thought Federal Compliance Was Enough? Don’t Forget the States

July 25, 2023 | Blogs

Most virtual asset providers are aware of federal-level guidance, such as the money services busines...

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California Courts Restrict Late Fees When Borrowers Default

July 25, 2023 | Blogs

This article was originally published in Bloomberg Law’s Banking, Professional Perspectives. I...

2023 Updates to FTC Endorsement Guides

July 25, 2023 | Publications

The Federal Trade Commission (FTC) recently updated its Guides Concerning the Use of Endorsements an...

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Adjusting the Curriculum – Strategies for Mitigating Construction Delays in Student Housing

July 24, 2023 | Blogs

Universities and their students are demanding updated or new student housing. While this demand has ...

Private Equity and Creating and Fostering a Culture of Health Care Compliance

July 21, 2023 | Blogs

This was originally published in Reuters Legal News (May 16, 2023). Private equity investment in h...

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OSHA Finalizes Rule Requiring Electronic Submission of Comprehensive Injury and Illness Data

July 21, 2023 | Publications

The Occupational Safety and Health Administration (OSHA) has issued a final rule amending its occu...

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An Update on Indiana’s Low-Income Housing Tax Credit

July 19, 2023 | Blogs

Indiana’s recently enacted state low-income housing tax credit took effect on July 1, 2023. The Af...

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The End of Temporary Form I-9 Flexibilities

July 17, 2023 | Publications

Along with the end of the national emergency surrounding the COVID-19 pandemic comes an end to Form ...

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Two Years ‘til Sunset: It’s Time for Sunshine State Residents to Consider the Implementation of ...

July 14, 2023 | Blogs

One year ago, the Florida Legislature amended Florida Statute Section 736.0505, which made the tax-s...

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Oregon Likely Next State to Pass Comprehensive Data Privacy Legislation

July 11, 2023 | Publications

On June 22, 2023, Oregon’s state legislature passed the Oregon Consumer Privacy Act (OCPA). Curren...

FBT logo imposed over welder in factory
Trial Victory: FBT Obtains $3.5M Judgment on behalf of General Contractor in Construction Dispute

July 10, 2023 | Experience

Frost Brown Todd (FBT) represented a general contractor in a breach of contract case before the U.S....

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Ohio Tax Talk: Building On Federal Affordable Housing Credit

July 7, 2023 | Blogs

This article was originally published by Law360 Expert Authority.  The Ohio Senate issued its versi...

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U.S. Courts Redefine Religious Rights in the Workplace

July 6, 2023 | Publications

The U.S. Supreme Court Increases the Burden to Deny a Religious Accommodation Because of Undue Hards...

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Advanced Section 1202 (QSBS) Planning for S Corporations

July 3, 2023 | Blogs

Section 1202 provides for a substantial exclusion of gain from federal income taxes when stockholder...

Renewable Energy - Solar Subsidy & Incentives
Powering Progress: IRS Releases Proposed Rules for Low-Income Community Bonus Credit Program

June 29, 2023 | Blogs

*James Hardman contributed to this article while working as a summer associate at FBT. James is not ...

Judge's hammer, scales, god of justice Law in the Lawyer's Office
FTC Moves Against Non-Competes Ahead of Proposed Ban

June 28, 2023 | Publications

This article was originally published in Bloomberg Law Professional Perspective Much ink has been sp...

Banking System and Electronic Transfer for Business
The Corporate Transparency Act’s Impact on the Real Estate Industry: What You Need to Know to Comp...

June 28, 2023 | Corporate Transparency Act

Many U.S. businesses will soon be required to disclose information on their “beneficial owners” ...

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New Paradigm for Fighting Cyber Fraud in the Automotive and Mobility Industries

June 26, 2023 | Publications

Business email compromise (BEC) fraud is the number one cybercrime faced by American businesses, as ...

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CMS Final Rules on Payment Impacts for Remote Therapeutic Monitoring

June 26, 2023 | Blogs

The 2023 Physician Fee Schedule final rule (“Final Rule”), which became effective in January 202...

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NLRB Makes It Easier to Reclassify Independent Contractors as Employees

June 20, 2023 | Publications

In a highly anticipated, but not surprising, decision issued on June 13, 2023, the National Labor Re...

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LIBOR, an Extinct Species, and What Comes Next

June 16, 2023 | Publications

Effective June 30, 2023, the London Interbank Offered Rate (LIBOR) joins the Brontosaurus, the dodo ...

The Sather Gate is historical entrance to the University of California at Berkeley
Does UC Berkeley’s Intention to Transform People’s Park into Student Housing Comply with the Cal...

June 8, 2023 | Publications

The California Supreme Court is set to decide whether UC Berkeley’s plans to construct student hou...

Money inside blue envelope
Courts Water Down Stringent IRS Penalties at the Water’s Edge

June 8, 2023 | Blogs

As the United States has steadily increased enforcement against U.S. citizens and residents with for...

NLRB General Counsel Continues Her Attempted Erosion of Employer ‘Rights’: Considers Most Non-Co...

June 5, 2023 | Publications

On May 30, the National Labor Relations Board’s (NLRB) General Counsel, Jennifer Abruzzo, issued M...

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Kentucky Department of Revenue Reclassifies All Transmission Pipelines

June 2, 2023 | Blogs

In a recent email notification to taxpayers filing Kentucky Public Service Company (“PSC”) tax r...

Texas Is Next to Pass a Consumer-Friendly, Comprehensive Privacy Law

June 2, 2023 | Publications

On May 29, 2023, the Texas legislature passed the Texas Data Privacy and Security Act (TDPSA). The b...

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Tatum et al v. Charmaine Dawson: Laches and the Search for Holders Under Ohio’s DMA

May 31, 2023 | Publications

Does a delay in recording a certificate of transfer prejudice the surface owner in its search for mi...

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U.S. Supreme Court Addresses Pre-RFP Phase Interactions with Owners

May 31, 2023 | Publications

The U.S. Supreme Court recently overturned the federal wire fraud convictions of a contractor for hi...

Are You Prepared to Comply with the Pregnant Workers Fairness Act?

May 30, 2023 | Publications

The Pregnant Workers Fairness Act (PWFA), recently signed into law by President Biden and effective ...

The Kentucky Court of Appeals Tackles Religious Property Tax Exemptions

May 30, 2023 | Blogs

Religious institutions received a victory this month regarding property tax exemptions under Section...

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Incentives for Clean Energy Suppliers in Kentucky and Ohio

May 30, 2023 | Publications

Both Kentucky and Ohio have seen a recent boom in electrical vehicle battery and solar-related manuf...

Concept of renewable energy solution in beautiful morning light. Installation of solar power plant, container battery energy storage systems, wind turbine farm and city in background. 3d rendering.
C-PACE to Help Developments Make a Change for the Better. . .

May 30, 2023 | Publications

A version of this article was published in Law360’s Expert Analysis. The Origins of PACE The p...

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Supreme Court Ends Marathon ‘Ping-Pong’ Game at EPA/Army Corps Over Definition of ‘Waters of t...

May 26, 2023 | Publications

A version of this article was published on the Cincinnati Bar Association’s blog.  In its fou...

Making Practical Use of the Federal Agencies’ New Ransomware Guidance

May 26, 2023 | Blogs

Business leaders will find important information in the #StopRansomware Guide developed through the ...

Sixth Circuit Adopts More Stringent Standard for FLSA Collective Actions

May 25, 2023 | Publications

In a highly anticipated decision issued last Friday, the Sixth Circuit Court of Appeals, in Clark v....

Aerial view above suburb homes in residential neighborhood.
Expansion of Tax Increment Financing for Ohio Townships

May 25, 2023 | Publications

House Bill 501 (HB 501), which became effective April 6, 2023, amended Ohio Revised Code Section 570...

Construction Contractor Must Pay Subcontractors’ Union Fringe Benefit Fund Contributions Due to Su...

May 24, 2023 | Publications

A federal district court in Michigan recently held that a union road construction general contractor...

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Pollution Control Exemption Now Included on Kentucky Watercraft Tax Forms

May 23, 2023 | Blogs

This article was originally published by The Waterways Journal in April 2023.  As this time of ye...

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Supreme Court Decision Could Have Impact on Health Care Patent Applications

May 19, 2023 | Blogs

In a crucial U.S. Supreme Court decision issued on May 18, in Amgen Inc. v. Sanofi, the Court applie...

White and orange gasoline nozzle
Watt’s Up, Manufacturers? How to Maximize Tax Savings with Critical Minerals and Battery Compo...

May 17, 2023 | Blogs

The Inflation Reduction Act (Pub. L. No. 117-169 (the “IRA” or the “Act”)) has brought signi...

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Health Care Compliance Due Diligence Essentials for Private Equity Investment

May 16, 2023 | Blogs

This was originally published in Reuters Legal News (May 16, 2023). This is the third piece in our ...

Judge's hammer, scales, god of justice Law in the Lawyer's Office
NLRB Kicks Workplace Civility, Consistent Treatment, and EEO Laws to the Curb

May 15, 2023 | Publications

This article was republished in the Employee Benefit Plan Review. Are union supporters and others co...

AI chatbot usage and concepts
PE in Health Care: What Investors Should Know

May 12, 2023 | Blogs

In its 2023 US Private Equity Outlook report, PitchBook predicted that private equity investment in ...

Business papers on the table
Kentucky Tax Talk: Pros, Cons of the SALT Cap Workaround

May 10, 2023 | Blogs

This article was originally published in Law360 Expert Analysis.  Kentucky H.B. 360 went through qu...

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Indiana Fire Departments, Fire Territories, and Police Department May Need to Evaluate Merit System ...

May 10, 2023 | Publications

On April 29, 2023, the 123rd Indiana General Assembly first regular session ended, and House Enrolle...

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EPA Issues Final Rule for Automobile and Light Duty Truck Surface Coating

May 10, 2023 | Publications

On May 9, 2023, the Environmental Protection Agency (EPA) published a final rule that significantly ...

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Toolbox for Managing Your Financially Troubled Customers

May 5, 2023 | Publications

This article originally appeared in Vol. 52 of Kentucky Trucker, a publication of the Kentucky Truck...

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Kentucky’s New Medical Marijuana Law: What Employers Need to Know (and Do)

May 2, 2023 | Publications

Kentucky Governor Andy Beshear recently signed Senate Bill 47 into law, legalizing medical marijuana...

Important Alert for 401(k) and 403(b) Plans that Do Not Allow Participants to Make Roth Contribution...

May 1, 2023 | Blogs

The recent comprehensive retirement plan legislation, often called SECURE 2.0, made an important cha...

Industrial machine during golden hour
The MTA Equation – Dougherty v. ABARTA Oil & Gas: Ohio’s 5th District Does the Math

April 28, 2023 | Publications

This article was republished in the Energy Law Advisor.  In Dougherty v. ABARTA Oil & Gas Co., ...

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Indiana to Become the Seventh State to Pass Comprehensive Personal Privacy Law

April 27, 2023 | Blogs

On April 11, Indiana’s state legislature passed a comprehensive state privacy legislation Senate B...

Supreme Court Pokes a Hole in the Ironclad Nature of Bankruptcy 363 Sales

April 25, 2023 | Publications

MOAC Mall Holdings LLC v. Transform Holdco LLC, 143 S. Ct. 927 (April 19, 2023) Purchasers often rel...

Container ship in the harbor in Asia ,
Maritime Industry Hit by Yet Another Swell of Cyberattacks

April 20, 2023 | Publications

Three Canadian primary eastern seaports suffered a cyberattack, once again raising issues of data se...

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HHS Proposes Rule Prohibiting Some Previously Allowed Disclosures Connected to Reproductive Care

April 20, 2023 | Blogs

On April 12, 2023, the Department of Health & Human Services (HHS) issued a Notice of Proposed R...

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SECURE 2.0 Changes to Retirement Plan Corrections

April 20, 2023 | Publications

Our overview of Division T of the Consolidated Appropriations Act, titled “The SECURE 2.0 Act of 2...

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Legal Considerations When Adopting Generative Artificial Intelligence Solutions Like ChatGPT

April 13, 2023 | Publications

The emergence of generative artificial intelligence (AI) solutions has created opportunities for bus...

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Kentucky Law Regulating Transgender Medical Care May Raise Treatment and Compliance Concerns for Pro...

April 12, 2023 | Blogs

On March 29, the Kentucky legislature voted to override Governor Andy Beshear’s veto on Senate Bil...

Tax documents on the table
Ohio Tax Talk: Tax Amendments in Operating Budget Proposal

April 6, 2023 | Blogs

This article was originally published in Law360 Expert Analysis. H.B. 33 establishes the state of Oh...

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2023 West Virginia Legislature Updates Alcohol Laws

April 6, 2023 | Publications

Senate Bill 534 is the 2023 omnibus alcohol reform bill advanced by the West Virginia Alcohol Bevera...

The business of betting on sports
Sports Betting in Kentucky – Now What?

April 5, 2023 | Publications

The Kentucky Legislature recently enacted, after many years on the table, limited sports betting. 20...

Hemp field at sunset
The Future of Kentucky’s Solar Industry Is Bright Following Recent Legislative Changes

March 31, 2023 | Publications

It’s been more than a decade since Kentucky revised the statutes controlling the Kentucky State Bo...

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Enforcement Trends and Caution Points in Health Care Private Equity Investing

March 29, 2023 | Blogs

This was originally published in Reuters Legal News (March 29, 2023). The first piece in this ser...

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You’re So Vain, You Probably Think This Software’s About You…

March 29, 2023 | Publications

…And you’re probably right. On March 2, the Biden administration issued its long-awaited Nationa...

Coal power plant and environmental pollution
Kentucky Legislature Passes Bill to Protect Coal-Fired Energy Generation Fleet

March 28, 2023 | Publications

A bill that was designed to prevent the retirement of coal-fired power plants owned by regulated uti...

several construction tower cranes of different heights at a building site during the construction of blocks of flats, view against the sky
Supplier-to-Supplier Lien Rights

March 27, 2023 | Publications

Indiana did not permit mechanic’s liens on a “supplier-to-supplier” basis for many years. Supp...