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Publications and Presentations

Publications and Presentations

Date Title
August 18, 2008 Mandatory Paid Sick Leave Bill Is A Thorny Issue
To borrow from Shakespeare: A thorn by any other name still pricks. I am sure whoever thought up the name for the mandatory paid sick leave law a.k.a. the West Virginia Healthy Families Act, intended to give the bill a name that would be hard to oppose. After all, who wants to oppose healthy West Virginia families? No matter the name, the bill is still no rose. In fact, it is full of thorns, even for employers who already provide paid sick leave. ...more
August 1, 2008 Examining Ohio Pro Hac Vice - Cincinnati Bar Association Report, August 2008, at 7
Admission pro hac vice (“PHV”) to practice in Ohio’s trial or appel­late courts has become a matter of some importance to clients who wish to “import” an expert out-of-state lawyer to handle a case in this state. The deci­sion to admit such counsel in a particular case is within a court’s inherent power and sound discretion. This article pro­vides a brief overview of PHV issues. ...more
August 1, 2008 Health Care Hot Topics - August Issue
On June 30, 2008, the Center for Medicare and Medicaid Services (CMS) released its 2009 Proposed Medicare Physician Fee Schedule containing proposed rules for a new gainsharing exception, independent diagnostic testing facilities and revisions to the anti-markup rule. Public comments on these new rules are due to CMS by August 29, 2008.
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August 1, 2008 WV Circuit Court Holds Rite Aid Store Manager with Access to Controlled Substances in Pharmacy is Safety Sensitive Position
As all employers in West Virginia know, drug testing current employees is a frustrating obstacle course fraught with peril. One misstep and you find yourself in court defending against a wrongful termination or invasion of privacy lawsuit. ...more
July 28, 2008 Immigration Insights - July Issue
U.S. permanent residents sometimes are asked by their employers to undertake a temporary foreign assignment. If such assignment might last longer than six months, it is advisable for the permanent resident to apply for and obtain a re-entry permit issued by the Department of Homeland Security. ...more
July 25, 2008 The Globalized Lawyer: Secrets to Managing Outsourcing, Joint Ventures and Other Cross-Border Transactions - Harvey Cohen quoted throughout
A practical, step-by-step guide on how to prepare for, negotiate and implement a new cross-border operation, The Globalized Lawyer examines both legal and business considerations involved. ...more
July 24, 2008 West Virginia Supreme Court Reverses Trial Court Rulings, Rrinstates Flood Litigation Cases
On June 26, 2007, the West Virginia Supreme Court of Appeals issued a per curiam decision in the Mass Litigation Proceeding known as In Re: Flood Litigation (Civ. Action No. 02-C-797, Raleigh County Circuit Court), reversing separate rulings issued by Circuit Court Judges Recht and Hutchison that would have substantially limited plaintiffs' ability to go forward with such claims. ...more
July 23, 2008 Army Corps of Engineers Issues New Regulatory Guidance on Jurisdictional Determinations
On June 26, 2008, the U.S. Army Corps of Engineers issued Regulatory Guidance Letter 08-02, outlining the differences between an Approved Jurisdictional Determination (“Approved JD”) and a Preliminary Jurisdictional Determination (“Preliminary JD”), and describing their use in the Clean Water Act § 404 permitting process. ...more
July 1, 2008 "Survey of West Virginia Media Privacy and Related Law," Co-author (Media Law Resource Center, 2008-09)
June 27, 2008 E.U./U.S. Labor & Employment Law and Workplace Fraud Issues - An Overview of U.S. Law
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