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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.
Ohio Enacts Law Acknowledging Blockchain Transactions and Granting Safe Harbor Protections to Eligible Businesses from Data Breach Claims
On Friday, August 3, Governor Kasich signed Ohio Senate Bill 220, which acknowledges for the first time the legitimacy of blockchain transactions as enforceable electronic transactions and creates an affirmative defense to tort actions against eligible businesses for claims relating to data breaches. The law goes into effect in 90 days. Read More ›
A lawyer’s usual task is to help solve the client’s current problem: resolve a dispute; close a loan; obtain a permit; avoid a conviction; etc. Lawyers are so task oriented that some consultants advise us to have task specific engagement understandings and send dis-engagement letters when a task is complete. For bankruptcy lawyers representing individuals in a Chapter 13 bankruptcy, the task at hand is getting clients to and through a confirmed Chapter 13 plan with the promised debt relief and fresh start. Read More ›
Lawyers representing creditors often compete with federal government claims against the same insolvent borrower/debtor. There are several common federal statutes that impact these disputes including: 11 U.S.C. Section 507; 26 U.S.C. Section 6321, et seq.; and 31 U.S.C. Section 3713. Read More ›
When Congress enacted the Communications Decency Act of 1996, the internet was an infant. Prevailing sentiment was to let it expand with minimal regulation. Yet, for sites that carried the comments of others, how could they be encouraged to grow without being held to the same standards as newspaper publishers and television news, which can be sued for broadcasting false and defamatory information about people? Read More ›
“California passes strictest online privacy law in the country,” trumpeted CNN Tech on June 29, 2018 – a reference to the California Consumer Privacy Act of 2018 (AB 375), which passed unanimously in the legislature and was immediately signed by Governor Brown. 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 ›
A blog about relevant legal perspectives for the health care industry.
Co-Author: Joseph Brammer
The Office of the Inspector General's (OIG) audit dissected telehealth reimbursement under Medicare, finding multiple complications. Medicaid reimbursement is next up. Read More ›
Ohio Physician's Guide to Cannabis Compliance 2.0: Budding Issues for Ohio’s Medical Marijuana Physicians
Co-Author: Maxwell Williams
Cash only? Informed consent forms? Waivers of liability? The original Ohio Physician’s Guide to Cannabis Compliance (Part 1) was created to give Ohio M.D.s and D.O.s a starter pack for understanding Ohio’s Medical Marijuana Law, including the distinction between a prescription and a recommendation, and the all-important Rohrabacher Amendment, which requires strict compliance with state law to attempt to avoid prosecution under federal law. However, as more physicians obtain an Ohio Certificate to Recommend medical marijuana, deeper issues must be understood to limit liability associated with Ohio’s medical marijuana law and ensure legal compliance before designing a medical marijuana practice. Read More ›
Co-author: Ashley Ramm
In response to President Trump’s American Patients First Blueprint, the Centers for Medicare & Medicaid Services (CMS) sent a firm reminder to Medicare Prescription Drug Plan (Part D) sponsors that “gag clauses” are unacceptable and including such a clause would subject providers to CMS compliance actions. 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.
Starting on July 6, 2018, the Trump administration has imposed a 25 percent ad valorem tariff on certain Chinese machinery and high-tech imports following an investigation pursuant to section 301 of the Trade Act of 1974 (the “Section 301 Tariffs”). The United States Trade Representative (the “USTR”) has determined, as a result of that investigation, that China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation are (i) unreasonable or discriminatory, and (ii) burden or restrict U.S. commerce. Read More ›
Starting on June 1, 2018, the Trump Administration has imposed a 25 percent tariff on steel and a 10 percent tariff on aluminum imports into the U.S. from all countries, except Argentina, Australia, Brazil, and South Korea. The exemption was granted to these four countries, as they agreed to quotas that prohibit any imports into the U.S. above certain specified levels. Read More ›
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 ›
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