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By : Steve Theising

Are You Covered? The Importance of Insurance Requirement Provisions in Commercial Contracts

Although often considered an afterthought, insurance requirement provisions are one of the most critical topics to be addressed in a commercial contract. A well-drafted insurance requirement provision can help a party decrease the risk associated with a particular project, or shift the consequences ...

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Study Estimates Affordable Care Act Penalties Could Reach $31 Billion

Nationwide, employers’ potential exposure to the Affordable Care Act’s (ACA) employer penalties, which apply if an applicable employer fails to offer adequate, affordable coverage, could reach $31 billion for 2016 according to a new report from Accenture, a global management consulting firm.  This e...

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Church Forced to Vacate Leased Space Due to Failure to Provide Renewal Notice

The Indiana Court of Appeals recently granted a church’s petition to rehear a breach of contract case and reaffirmed its previous ruling against a church that had failed to carry out the terms of its lease with its landlord. In Randy Faulker & Associates, Inc. and Randall W. Faulkner v. T...

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New Trade Secrets Law Requires Certain Disclosures

Employers should be aware that on May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law (modifying 18 U.S.C. §§ 1831, et seq.)  The provisions of the DTSA became effective immediately, but only apply to a misappropriation of trade secrets occurring on or after the DTSA’s ...

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Supreme Court Hears (Another) Challenge to the Affordable Care Act

The Affordable Care Act (ACA) has seen a number of challenges since its passage in 2010. In continuing this trend, the Supreme Court of the United States heard oral arguments on the latest challenge to the law at the end of March, this time from the Little Sisters of the Poor. Read More

Sweeping Spending Package Could Force Hard Decisions

Congress has approved, and President Obama has signed, a sweeping spending package that would delay or suspend the Affordable Care Act’s “Cadillac tax,” medical device tax, and health insurance tax. The changes are generally seen as a significant blow to the ACA – one that could embolden those seeki...

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PACE Act Impacts Small Employers

On October 1, 2015, Congress passed the Protecting Affordable Coverage for Employees (PACE) Act. PACE repeals the mandated expansion of the definition of “small employer” under the Affordable Care Act from 50 to 100 employees. Previously, the Affordable Care Act had included a provision changing th...

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“Successor Owner” Must Pay More Unemployment Benefits

The 7th Circuit Court of Appeals, which includes Indiana, recently ruled that a purchaser of a retail auto parts business was a “successor employer” of the previous owner and, as a result, was required to make higher unemployment benefit contributions (See D & D NAPA, Inc. v. Unemployment In...

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Asset Purchaser Could Owe Pension Plan $662K in Withdrawal Liability

On Monday, July 27, 2015, in the case of Tsareff v. ManWeb Services, Inc., the Seventh Circuit Court of Appeals (which includes Indiana and Illinois) ruled that an engineering and construction company that entered into an agreement to purchase the assets of another contractor (that was a pa...

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Supreme Court Upholds Federal Subsidies Under Affordable Care Act

Last Thursday, the United States Supreme Court voted 6-3 in favor of the defendants in the case of King v. Burwell.  In that case, the petitioners argued that the words, “an exchange established by the state” in the Affordable Care Act meant that only Americans purchasing health care covera...

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