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The Blockchain and Financial Services Blog offers the latest information on banking development and litigation trends. Topics range from commercial and consumer lending through bankruptcy, lender liability defense, and the Dodd-Frank Act through Regulations JJ.
A federal tax lien arises when the Internal Revenue Service takes administrative action to note in its records that the taxpayer owes taxes – that is to say, when the tax debt is “assessed.” That lien attaches to all the taxpayer’s property and equitable rights to property as determined by relevant state law. 28 U.S.C. Section 6321. See https://www.blockchainandbanking.com/irs-liens-after-acquired-property-and-the-doctrine-of-choateness. Typically, assessment occurs when (i) the taxpayer files a return, (ii) the IRS adjusts a tax liability after an audit / appeal process, or (iii) the IRS files a “substitute return” for a taxpayer who failed to file a required return.
A prior blog post analyzed Green Tree Servicing v. Asterino-Starcher, et al., 2018-Ohio-977 (Franklin Cty. App., March 15, 2018), which advises, in part, “[a] foreclosure proceeding is a two-step process involving, first, the enforcement of a debt obligation, and, second, the creditor's right to collect against the security given by the borrower for that debt. . . . There is reason to distinguish the action on the note from the ensuing action against the associated collateral. The first claim involves only the maker of the note and the person entitled to enforce it. The second joins all those with an interest in the mortgaged property.” This article discusses what happens if a secured lender believes that quote and tries to collect the mortgage debt through two separate lawsuits. Read More ›
Foreclosure cases often proceed without participation or significant defense by the obligor / mortgagor because that party is without both any defense and any funds to pay counsel. That happened in Green Tree Servicing v. Asterino-Starcher, et al., 2018-Ohio-977 (Franklin Cty. App., March 15, 2018). In Green Tree Servicing, as sometimes occurs, a junior lienor had the motivation and resources to contest the foreclosure. Read More ›
Businesses not located in the European Union have tried to understand whether the General Data Protection Regulation (GDPR), which became law on May 25, 2018, applies to them. And if it does, or if it might, one of the puzzles has been whether a non-EU business needs to appoint a natural person or legal entity to be its “representative” or a natural person to be its “Data Protection Officer” for dealing with EU and its Member States’ Data Protection Authorities (DPAs). This podcast focuses on that question. Read More ›
It’s June 1, 2018, one week after the General Data Protection Regulation of the European Union became law, not only in the EU but also for businesses subject to its global grasp. How did U.S. businesses deal with it? And what’s its immediate impact on how U.S. businesses address personal information they have? The Data Privacy Detective turns the magnifying glass to this question, focusing on small and mid-sized (SME) U.S. businesses that hold personal data of Europeans. Read More ›
GDPR, the European Union’s effort to protect personal data, has dominated the efforts of businesses to deal with personal data across borders. Less noticed is China’s evolving system of controlling, regulating and protecting the personal information of its people. On May 1, 2018, China issued standards for personal information protection. Read More ›
A blog about relevant legal perspectives for the health care industry.
Depending on the state in which a nurse practitioner or physician assistant practices, he or she can likely prescribe controlled and non-controlled substances to patients, within the parameters of the applicable state’s regulatory scheme. Nurse practitioners and physician assistants, referred to here as “midlevel providers,” continue to provide excellent care to their patients and move in greater numbers into the role of primary care providers for Americans. Nurse practitioners currently account for one in four providers in U.S. rural practices, a significant 43.2 percent increase over the past 10 years according to research just published in Health Affairs. Understanding the qualifications and responsibilities of midlevel providers in the context of prescribing is, therefore, essential. Read More ›
This article will go into detail on surety bond requirements that may be imposed on providers of durable medical equipment, prosthetics, orthotics and supplies (DMEPOS), on pharmacies and pharmaceutical dealers and suppliers, as well as specific requirements imposed by certain states. Read More ›
Ohio State Auditor David Yost has noted that Ohio has millions of dollars of unpaid obligations owed by Medicaid providers and has proposed the use of surety bonds to address the problem. Based on recent reports, auditors have identified over $33 million in alleged overpayments to more than 120 providers. Further analysis of a portion of those claims showed that only about 10% of the outstanding balances have been collected. Thus, Mr. Yost proposed the use of surety bonds as a means to recover some of these overpayments and to minimize the problem in the future. Introduced by Senators Lehner and Eklund, Senate Bill 218 is still pending before the Ohio Legislature at the time of this article's publication. Read More ›
The International Services Group Blog is a resource for business leaders within the international commerce industry. Frost Brown Todd's international lawyers discuss the latest challenges for international trade and regulation, as well as solutions for those challenges.
Earlier this month, Frost Brown Todd LLC published a legal update regarding the new 25 percent tariff on imported steel products, which went into effect on March 23, 2018. Under the original form of the presidential proclamation issued on March 8, 2018, the steel tariff would have applied to the importation of steel materials from any country except for Canada and Mexico. However, on March 22, 2018, President Trump amended the proclamation by adding four more countries and one union to the country-wide exemption list. As a result, until May 1, 2018, the steel tariffs will not apply to imports from Argentina, Australia, Brazil, Canada, the European Union, Mexico, and South Korea. Read More ›
Last week, President Donald Trump formally imposed a 25 percent tariff on certain steel products and a 10 percent tariff on certain aluminum products imported into the United States from any country except for Canada and Mexico. These increased duties will go into effect on March 23, 2018. Read More ›
The sixth round of North American Free Trade Agreement (NAFTA) negotiations concluded in Montreal, Canada, on January 29, 2018. U.S. Trade Representative Robert Lighthizer voiced subtle optimism that some progress was made by closing a chapter on anti-corruption and discussing other core issues, but expressed general dismay at slow progress and tough challenges that still lie ahead to strike a new deal. Read More ›
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