Recently, a change to Section 1702 of the Ohio Revised Code took effect which is relevant to every nonprofit in the state. In 2024, Ohio Senate Bill No. 98 became law to crack down on fraudulent business filings. Among other things, if an organization fails to file its Statement of Continued Existence for two years,…
Category Archives: Uncategorized
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The Importance of Balanced Indemnity Clauses in Contracts
Indemnity clauses often play a vital role in contract negotiations. Their primary purpose is to manage risk. A strong indemnity clause will clearly allocate risk among the parties to an agreement, with the goal of providing certainty and protection to both parties. All too often, however, poorly drafted, or one-sided indemnity clauses lead to significant…
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What New York’s Medical Spa Crackdown Teaches About the Importance of Hiring a Healthcare Lawyer
Medical spa owners throughout the country should pay attention to recent enforcement actions taking place in New York. Last month, the New York Department of State reported that regulators conducted sweeping inspections of medical spas. Out of 223 facilities inspected so far, 87 received citations for violations that included the unlawful practice of medicine, improper…
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SB50 Vetoed: What Ohio Small Businesses Need to Know
On December 3rd, Governor DeWine vetoed Senate Bill 50. The legislation would have permitted 14- and 15-year-olds to work until 9 p.m. on school nights – two hours later than the current law allows. In his veto message, the Governor emphasized that the decision was made in the public interest. While some argued that the…
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Don’t Risk It: Why Independent Fundraising Accounts Can Cost You Your Nonprofit Status
The IRS has been concerned with the misuse of individual fundraising accounts (IFAs) for decades due to the tendency to blur the lines between permissible public and illegal private benefit. While the IRS has stopped short of an outright ban, it has also made clear that IFAs pose serious compliance risks and could lead to…
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Politics and Nonprofits Do Not Mix: What Every 501(c)(3) Must Know
In today’s political climate, it is understandable that nonprofit organizations might feel compelled to align themselves with people and causes that reflect their values. After all, many do exist to promote causes that are related to social and moral values. However, charitable nonprofit entities should be careful; engaging in partisan politics is not only risky,…
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The States Rule: FTC Ends Attempt to Broadly Ban Noncompete Agreements.
Earlier this month, the Federal Trade Commission (FTC) abandoned its attempt to enforce a nationwide ban on noncompete agreements. The federal rule at issue was grounded in Section 5 of the Federal Trade Commission Act which empowers the FTC to prevent businesses from using unfair methods of competition. Proponents believed noncompete clauses to be exploitative…
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Spotlight on the Federal No Surprises Act: What the Kennedy v. UnitedHealthcare Ruling Means for Out-of-Network Providers
Recently, the U.S. District Court for the Southern District of New York ruled in favor of emergency physician Dr. William A. Kennedy III in his case against UnitedHealthcare. The case, Kennedy v. UnitedHealth Group, Inc., centered around a critical question: Does the federal No Surprises Act (NSA) prevent out-of-network providers from suing insurers over unpaid emergency…
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From Buyers to Sellers: What You Need to Know about Recent Changes to New Jersey’s Mansion Tax
On June 30, 2025, New Jersey’s real estate landscape was significantly altered. With the signing of Assembly Bill No. 5804 (A5804), Governor Murphy approved several important changes to New Jersey’s well-known “Mansion Tax” which will go into effect tomorrow, July 10th. These changes are expected to significantly affect the affordability of upper and middle-class homes…