Client Alerts, News Articles & Blog Posts

Everything you need to know about BMD and the industry.

EFFECTIVE April 3, 2017: USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions

Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification.

Ohio Court of Claims Explains Surety’s Obligations After Contractor Default

A surety thinking of funding its bankrupt principal for the purpose of completing a project should take notice of the recent decision in Jutte Elec., Ltd v. Ohio Facilitates Constr. Comm.

New Akron Legislation Aims to Increase Income Tax Revenue Through Construction Contractor Registrations

The City of Akron recently passed three new pieces of legislation aimed at boosting city coffers by requiring contractors to take additional steps prior to performing work in the city.

BMD Recognized for Health Law Practice

“Ever since its founding in 2000, attorneys at Brennan, Manna & Diamond have focused on offering a full range of services to all the firm’s clients, including developing industry-specific practice areas like healthcare,” said Matt Heinle, co-managing partner at the firm.

President Trump’s Effect on the Workplace

When President-elect Trump takes office, what can employers expect? What will be the effect of his presidency on the workplace and workforce? The probabilities and possibilities range from minor to major changes, with both short and long-term effects.

Defining Concierge and Boutique Medicine

Amanda L. Waesch, Partner at Brennan, Manna & Diamond, LLC, Akron, Ohio, shared with the Stark County Medical Society Membership alternative physician practice structures, pros and cons of each structure, and the differences between Institutional Providers and Concierge Medicine.

How artificial intelligence relates to the legal profession

Legal research has changed. An attorney who started his career dredging through books can now instantly consult vast databases, saving countless man hours. Soon, however, it may need not involve the man at all.

NLRB Ruling re: Private University Labor Update

Graduate students employed by private universities are permitted to unionize under federal law.

Urine Drug Testing Best Practices

The purpose of this suggested compliance plan is to provide guidance and best practices for prescribers of opiates and benzodiazepines. Compliance with OARRS is required. In addition, urine drug testing (UDT) among pain management physicians, OBGYNs, psychiatrists, and orthopedics is a useful tool that can not only assist in diagnostic and therapeutic decision making, but can also be used as a personal risk reduction tool for those physicians prescribing pain medications.

Duty to Preserve ESI: The Stakes Just Got Higher

A recent federal court decision highlights the potentially severe consequences for companies that do not take the proper steps to preserve electronically stored information (“ESI”) in anticipation of or in connection with litigation.

Affordable Care Act Nondiscrimination Final Rule

On May 13, 2016, the U.S. Department of Health and Human Services (“HHS”) issued a final rule implementing Section 1557 of the Affordable Care Act (“Section 1557”) protecting individuals from discrimination in health care on the basis of race, color, national origin, age, disability, and sex, including discrimination based on pregnancy, gender identity, and sex stereotyping (the “Rule”).

It Is Time To Update Your Compliance Plans

In 1997, the Office of the Inspector General (“OIG”) began to actively promote that health care providers adopt written compliance plans to assist providers to follow government rules and regulations regarding health care.

Ohio Supreme Court Liquidated Damages Analysis: Hindsight is not 2020!

In a case decided on February 24, 2016, the Ohio Supreme Court construed the enforceability of a liquidated damages provision in a public works construction contract. The Court held that when evaluating the enforceability of a liquidated damages provision in a construction contract, the court must conduct its analysis prospectively, based on the per diem amount of the liquidated damages at the time the contract is executed, and not retrospectively, based on the total amount of liquidated damages that ultimately accrue.

Holy Toledo! Claims Waived Under Article 8

In a February 2, 2016 decision, the Tenth District Court of Appeals in Franklin County affirmed the Court of Claims and upheld the decision to deny an electrical contractor’s claims against the University of Toledo because they were not timely asserted.

HIPAA Compliance Update

HIPAA compliance has been a part of the regulatory landscape of healthcare since the privacy rules became effective in 2003. Since that time, most providers have taken steps to develop their compliance plans, including distributing notices of privacy practices, obtaining authorizations for release of information as needed, and obtaining business associate agreements from third parties.

Alessandro Apolito Making a Difference – Helping Curb Teen Violence

Nineteen people under the age of 20 were killed in Jacksonville in 2016 by violent crime. Already in 2017, two young men were killed in a drive-by shooting on New Year’s Day.

Bar Bulletin: Young lawyers, it’s never too early to start building your future

Regardless of whether you are just out of law school or an attorney who has been practicing for five years, you can start taking steps toward building your future as a well-rounded lawyer.

Changes to Physician Assistant Requirements Under SB 110

On July 16, 2015 Governor Kasich signed Senate Bill 110 into law, which will become effective October 15, 2015. This bill seeks to modernize physician assistant practices.

U.S. Supreme Court Reed Decision: Direct Impacts on Local Sign Regulation

Speaking at today’s Northeast Ohio Law Directors Association monthly meeting, Robert A. Hager, member of the firm Brennan, Manna & Diamond in Akron, will be participating on a panel of experts presenting and analyzing the recent U.S. Supreme Court decision in Reed v. Town of Gilbert, wherein the Court struck down as unconstitutional under the First Amendment the Town’s sign ordinance based on it not being content neutral and, therefore, not surviving strict scrutiny under the Court’s test for non-content neutral regulations.

The National Labor Relations Board “Joint Employer” Ruling

On August 27, 2015, the National Labor Relations Board (NLRB) released a ruling in the Browning-Ferris Industries of California, Inc. case, in which the NLRB revised its standard for determining joint employer status under the National Labor Relations Act (NLRA).

Brunell Chapter 11 ‘sign of the times’

Former Jacksonville Jaguars quarterback Mark Brunell’s Chapter 11 bankruptcy reorganization isn’t the first, and very likely won’t be the last, higher-income person seeking protection from creditors.

River health rates high on new Jacksonville City Council president’s list

River health rates high on new Jacksonville City Council president’s list Jack Webb said his year as Jacksonville City Council president will focus on the health of the St. Johns River, fiscal reform and revising the city charter. Webb acknowledged during his installation speech Thursday that leading the council through another tough financial year will be a challenge. “This is one of, if not, the most difficult times to be a public servant,” he said.

Changing Employers? Keep Your Tail Covered!

A common question regarding employment, and particularly changes in employment, revolves around the idea of tail insurance coverage. As such, this issue’s legal column explores what tail coverage is, why you need it, and who pays for it.

HIPAA Changes Alert – 2009

Just when you and your staff are finally getting comfortable with compliance with HIPAA and the Security Standards in your offices, the government has adopted new rules which will require you to make changes to your plans with the first changes to go into effect in September, 2009.

So You Want to Own Your Own Practice

Many practitioners hold the dream of one day owning their own practice. While hanging your own shingle and being your own boss may seem simple, the success of your practice will depend largely on the strength of the foundation you lay prior to opening your doors for business. As such, I have put together a simple checklist of items to consider prior to embarking on your professional dream of independent practice.

Employment Contracts 101: Paving the Path before Walking Down It

One of the most common adventures I navigate with my advanced practice nurse (APN) clients is the negotiation of employment contracts. Long before an APN signs an employment contract, it is important to consider the interaction of personal and professional goals. To examine these areas, the APN may ask questions such as: (1) Is this geographic location desirable for me (and my family)? (2) What type of work environment is attractive? (i.e., hospital, clinic, private practice with a physician, an APN practice, etc.) (3) Is the monetary compensation adequate to meet my needs? (4) What is the employee retention rate at this practice? Is there high employee turnover?

Physicians Obtain New Contract Rights – Ohio House Bill 125

The Ohio Health Care Simplification Act (House Bill 125) was signed into law on May 25, 2008. This Bill is the result of almost two years of legislative action promoted by the Ohio State Medical Association to provide some level of protection to physicians as they contract with managed care plans.

The FACTA Is…Are You in Compliance

In response to the growing number of identity thefts Congress enacted the Fair and Accurate Credit Transactions Act of 2003 (FACTA). FACTA was enacted to help prevent identity theft, both personal and medical, and was designed to supervise the personal confidential financial information that is generated in consumer transactions.