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Illinois Employment Alert: Add Paid Leave Policy to Employee Handbook

By: Nancy J. Townsend on March 15, 2024

Effective January 1, 2024, most full-time employees in Illinois are entitled to 40 hours of paid leave annually, to be used for any reason. Illinois now joins Maine and Nevada as the only three states implementing such legislation. The Paid Leave…

New Indiana Law Will Clarify How Financial Institutions May Make Changes to Deposit Account Agreements

By: Brett J. Ashton, Libby Yin Goodknight, Scott S. Morrisson, and Kay Dee Baird on March 13, 2024

Indiana House Bill 1284 was signed into law by Governor Eric Holcomb this week and becomes effective on July 1, 2024. This new law provides much needed clarity to Indiana financial institutions seeking to ensure the enforceability of amendments to…

Adapting Performance Metrics for Employees on Reduced Schedules for FMLA and Other Protected Leave

By: Nancy J. Townsend and Shelley M. Jackson on March 12, 2024

A recent federal court decision reminds employers that workers on reduced schedules as part of federally guaranteed leave must have their performance metrics scaled down proportionately. In the case of Wayland v. OSF Healthcare System (No. 23-1541,…

Corporate Transparency Act Held Unconstitutional: What This Means for Your Business

By: Robert A. Greising, Travis D. Lovett, and Jacob W. O'Donnell on March 6, 2024

The Corporate Transparency Act (“CTA”) has been ruled unconstitutional by the U.S. District Court for the Northern District of Alabama (“Court”) in an opinion issued on March 1, 2024. This ruling raises uncertainty for the approximate 32.6 million…

Krieg DeVault Announces 8 Attorneys as 2024 Indiana Super Lawyers; 9 as 2024 Indiana Rising Stars

February 28, 2024

Krieg DeVault is pleased to announce that 8 attorneys from the firm were named to the 2024 Indiana Super Lawyers listing.  The firm had an additional 9 attorneys named to the Indiana Rising Stars list, which is designated for attorneys under the age…

Putting the PURPOSE in a Trust: Using a Purpose Trust in a Business Succession Plan

By: Micah J. Nichols and Rodney S. Retzner on February 27, 2024

On September 15, 2022, Yvon Chouinard, the founder of the outdoor clothing retailer Patagonia, transferred all his voting stock of the company to a “purpose trust” and his non-voting stock to a private foundation to support environmental causes. Mr.…

Impact of AI in the M & A Sector: Key Advantages, Challenges, and Considerations

By: Travis D. Lovett and Charles O. Richert on February 23, 2024

Artificial Intelligence (AI) continues to grow apace despite deal activity dropping overall in 2023 in response to economic and market instability brought on by a combination of high interest rates, inflation volatility, and geopolitical tension.  AI…

New Indiana Wetlands Law Impact on Developers

By: Todd G. Relue and Caleb A. Perez on February 19, 2024

House Enrolled Act 1383 (“HEA 1383”)

On February 12, 2024, Governor Holcomb signed HEA 1383 into law, significantly reducing state oversight of certain types of wetlands. Indiana law organizes wetlands into three classes with Class III…

Take Five: 5 Things you Need to Know About Indiana Government - February 2024

By: Amy M. Levander and Amy E. Schwarz on February 14, 2024

Last week was a busy week in Indiana politics.  Not only did the General Assembly complete the first half of the 2024 legislative session, but Friday, February 9th was also the filing deadline for political candidates across the state.  While primary…

Indiana Unlikely to Deliver 340B a Reprieve from 340B Restrictions 

By: Brandon W. Shirley on February 13, 2024

As the conflict between 340B over the scope of the 340B drug discount program enters its fourth year, Covered Entities are increasingly turning to state law for relief from restrictions on contract pharmacies because Congress and federal agencies…

Don’t Forget About the Leap Year - Annual HIPAA Breach Notification Deadline Fast-Approaching

By: Christopher J. Kulik and Stacy Walton Long on February 13, 2024

Each year, entities regulated under HIPAA must report breaches affecting less than 500 individuals to the Department of Health and Human Services (“HHS”) within sixty days following the end of each calendar year. This means that the deadline to…

CMS's New Federal Prior Authorization Rule: An Eventual Step In the Right Direction

By: Meghan M. Linvill McNab and Brandon W. Shirley on February 13, 2024

CMS published a final rule, effective January 1, 2026, implementing additional processes to advance interoperability as well as to improve prior authorization processes.  The changes to prior authorization will require: (1) Medicare Advantage,…

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