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Search OptionsInsightsDOL Withdraws Guidance Document on Independent Contractor/Employee Classification
On June 7, 2017, the U.S. Department of Labor (DOL) announced that it was withdrawing an Administrator’s Interpretation (Interpretation) issued just two years earlier, on July 15, 2015, which set forth criteria for determining whether a worker is an… 
Employers Beware - So Says the IRS
The Internal Revenue Service (“IRS”) issued a May 12, 2017 memorandum from the Office of Chief Counsel (CCA 201719025) that reminds us all of the old saying “If it seems too good to be true then it probably is.” The cost of benefits for employers… DOL Requests More Information in Fiduciary Rule Examination
The U.S. Department of Labor (DOL) is looking for more input about possible changes to the Fiduciary Rule and even possible further delay of some of its applicability. On June 29, 2017, the DOL released a Request for Information regarding the… 
Supreme Court Rules that Cities Can Sue Banks Under Fair Housing Act
On May 1, 2017, the Supreme Court in Bank of America Corp. v. City of Miami, Fla., 137 S. Ct. 1296 ruled that under the Fair Housing Act (“FHA”)[1] cities may sue banks over residential lending practices they allege led to urban blight. However, in… Krieg DeVault ESOP Client, Essential Ingredients, Featured in Forbes Small
Krieg DeVault is pleased to announce that the firm’s valued client, Lawrenceville, Georgia-based Essential Ingredients, has been named to “Forbes Small Giants: America’s Best Small Companies” list. Essential Ingredients was 1 of only 25 companies… Krieg DeVault Partners John B. Baxter and Robert A. Greising Named to Chambers USA 2017 List
Krieg DeVault is pleased to announce that Partner John B. Baxter has been named to Band 2 by Chambers USA 2017 for Real Estate. Partner Robert A. Greising has also been named to Chambers USA 2017 to Band 3 for Corporate/M&A. The firm was named to… The Department of Labor Allows the Upcoming June 9 Applicability Date for Portions of the Fiduciary Duty Rule to Stand While Continuing to Review the Overall Rule
Late Monday, May 22, 2017, Secretary of Labor Alexander Acosta issued an opinion editorial in the Wall Street Journal explaining that although public comments and more in-depth analysis will continue with respect to the overall fiduciary duty rule,… The Cost of Abandonment – Patient Records
The 120th Indiana General Assembly recently enacted legislation to revise Indiana Code (“IC”) 4-6-14 regarding abandoned health records. Under the current statute, the attorney general (“AG”) may take possession of, store, maintain, transfer,… 
Failure To Have A Business Associate Agreement Could Be A $31,000 Mistake
FileFax, Inc. (“FileFax”) is a Business Associate of the Center for Children’s Digestive Health (“Center”). The Center is a small, for-profit healthcare provider with a subspecialty practice in pediatrics. Since 2003, FileFax stored inactive paper… 
Have You Conducted A Risk Assessment In A While? If Not, It Could Cost You $400,000
On or about December 5, 2011, a hacker accessed email accounts of employees of Metro Community Provider Network (“Metro”), a federally-qualified health center, and acquired 3,200 individuals’ electronic protected health information (“ePHI”) via a… 
Partner, Thomas N. Hutchinson, named Vice Chair of Physician Issues Interest Group for the American Bar Association
Thomas N. Hutchinson, Partner and Chair within the firm’s Health Care Practice Group, has been selected to serve as a Health Law Section Leader in the role of Vice Chair of the Physician Issues Interest Group for the American Bar Association. Mr.… 
May/June Hoosier Banker: Compliance Connection with Brett Ashton
As seen in the May/June 2017 issue of the Indiana Banker Association's Hoosier Banker. Question: Recently an elderly customer received into his account a large wire transfer of over $500,000. The customer came into the branch today, adamant that… 
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