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

Client Alert

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. This decision will have major impacts upon local sign ordinances. As part of the panel discussion, Mr. Hager, who represents the City in Wagner v. Garfield Heights, a recent political sign case where the City prevailed in the U.S. Court of Appeals for the 6th Circuit and a case in which the U.S. Supreme Court remanded the case back to the 6th Circuit after the Reed decision for reconsideration by the 6th Circuit in light of the Reed, will be addressing the ruling and its affects going forward.

Today’s meeting is being held at the Cleveland Metropolitan Bar Association, One Cleveland Center, 1375 East 9th Street, Floor 2, Cleveland, Ohio.

For more information about the panel discussion, please contact Robert Hager at rahager@bmdllc.com.


Telehealth Flexibility Updates: HIPAA, DEA, and CMS

The Covid-19 Public Health Emergency (PHE) officially ended on May 11, 2023. But what does that mean for telehealth, a field that expanded exponentially during the PHE? Fortunately, many of the flexibilities will remain intact, at least temporarily. This client alert presents a brief overview of the timelines that providers need to follow, but for a more comprehensive review of telehealth flexibilities and when they will end

WEBINAR SERIES RECAP | Ending the Public Health Emergency + Post-Pandemic Check-Up

Some may take the position that the rest of the country already returned to a new “normal” following the COVID-19 pandemic.  But healthcare providers continue to implement COVID protocols and navigate the ever-changing healthcare regulations at both the federal and state levels.  It is important for healthcare providers to take time for a “Healthcare Check-Up” with the start of 2023 and the ending of the Public Health Emergency (“PHE”).

Sharp Rise in False Claims Act Cases - Navigating the FCA Waters

Recently, on April 18, 2023, the United States Supreme Court heard arguments regarding the FCA’s scienter, or mental state, requirement. To prove violation of the FCA, the statute requires that a defendant “knowingly” file false claims for payment. The term “knowingly” is defined within the statute to mean a person that acts with actual knowledge, deliberate ignorance, or reckless disregard. Circuit courts are split on how to interpret and apply the knowledge element of the FCA, and based on the Supreme Court’s decision, there will be a large impact on healthcare defendants and their businesses as well as anyone who contracts with, or receives money from, a federal program. A broader interpretation of the FCA would unnecessarily target and stifle healthcare, and other businesses, for simple errors in daily operations. This goes against the intended application of the FCA, which was to prevent fraudulent activity.

Areas of Opportunity in Columbus: Highlights from the Columbus Opportunity Summit

On April 27, 2023 Columbus Business First held its annual Columbus Opportunity Summit, bringing together business and economic development leaders to provide an update on how Central Ohio is preparing for expected growth in the coming years, an issue heightened by the arrival of Intel at its 1,000 acre site in Licking County, just outside of Columbus. The site will be home to two new chip factories with room to grow to a total of eight factories and is a $20 Billion investment.

BREAKING: Biden Administration Has Officially Ended the Two Remaining COVID Vaccine Mandates

As of May 1, 2023, the Biden Administration has officially ended the two remaining COVID vaccine mandates: (1) the Federal Contractor Mandate, and (2) the CMS Healthcare Provider Vaccine Mandate.