Publications & Articles

Sexual Harassment:  Don’t Let Your Company Be The Next Headline

by Amy DeLuca, Esq. Recently, the news has been filled with stories about sexual harassment allegations.  As more people are coming forward and the #MeToo Movement is gaining momentum, this will only increase.  While the stories we see in the … Continue reading

Continue Reading →

The Supreme Court of Ohio Dismisses as Improvidently Accepted Case on Whether a Physician-Employee Needs to Be Named in Medical Negligence Case Against Medical Practice-Employer

By Malorie A. Alverson, Esq. In an interesting turn of events, the Supreme Court of Ohio dismissed Rush v. Univ. of Cincinnati Physicians, Inc.1 as improvidently accepted. The issue in the case was whether a physician-employee needs to be joined … Continue reading

Continue Reading →

Recent Change in Ohio Workers’ Compensation Law Affects the Rights of Employees Injured in Automobile Accidents

By Christopher A. Gray, Esq. This month, a new law went into effect which will help protect Ohio employers who frequently send their employees on the road. Prior to July 1, 2017, if an employee was injured in a motor … Continue reading

Continue Reading →

Creditor Protection of Retirement Plan Assets

The Practical Tax Lawyer, Spring 2017, Richard A. Naegele, J.D. and Mark P. Altieri, J.D., L.L.M., CPA, PFS View Publication PDF

Continue Reading →

New Law Goes Into Effect Limiting Employers Ability to Control Guns on Property

By Christopher A. Gray, Esq. As of March 19, 2017, most Ohio employers became no longer able to restrict their employees from storing firearms in personal motor vehicles parked on employer premises. Under the new law, employees with concealed carry … Continue reading

Continue Reading →

Ohio’s Consumer Sales Practices Act Broadens Its Application

By Philip J. Truax, Esq. and Zachary T. Graham, Esq. Ohio’s Consumer Sales Practices Act (the CSPA) makes it unlawful for “suppliers” to engage in unfair, deceptive or unconscionable acts or practices in connection with a wide variety of consumer … Continue reading

Continue Reading →

Does Compelling the Disclosure of Documents Allegedly Protected by Attorney-Client Privilege Constitute a Final, Appealable Order?

By Malorie A. Alverson, Esq. Last month, the Ohio Supreme Court issued a ruling in Burnham v. Cleveland Clinic, 2016-Ohio-8000, on an interesting issue – “whether an order compelling the production of documents allegedly protected by the attorney-client privilege is … Continue reading

Continue Reading →

Worker Classification Issues: Generally and in Professional Practices

The Practical Tax Lawyer, Winter 2017, Co-authors William P. Prescott, Esq., M.B.A.-Executive Program; Mark P. Altieri, J.D., LL.M., CPA, PFS; Kelly A. VanDenHaute, J.D.; Russell I. Tietz, CPA. View Publication PDF

Continue Reading →

Employers Can Be Responsible for Falls in Parking Lots

By Christopher A. Gray, Esq. Given the icy conditions we are finally beginning to experience this year, our office has fielded multiple calls from clients saying their employees slipped and fell on ice or snow in the clients’ parking lots. … Continue reading

Continue Reading →

Federal Contractors Need to Be Ready for New Rules

By Christopher A. Gray, Esq. On January 1, 2017, a new Department of Labor (DOL) Rule will go into effect requiring many federal contractors to provide their employees with up to 56 hours of paid sick leave per year. Employers … Continue reading

Continue Reading →

Department of Labor’s New Minimum Salary Rule Blocked for Now and Possibly Forever

By Christopher A. Gray On December 1, 2016, a new rule was supposed to take effect increasing the minimum salary exempt employees must receive in order to be ineligible for overtime pay. After the Department of Labor issued the new rule, … Continue reading

Continue Reading →

Ohio Supreme Court Rules No Compensable Taking Occurred as a Result of Filming Captain America: The Winter Soldier in Downtown Cleveland

By Malorie A. Alverson, Esq. Earlier this month the Ohio Supreme Court ruled that reduced access to a downtown Cleveland parking lot did not constitute a compensable taking under the Ohio Constitution. The case arose after the City of Cleveland … Continue reading

Continue Reading →

Ohio Purchasers May Unwittingly Assume Seller’s Workers’ Compensation History

By Christopher A. Gray, Esq. An issue of great importance that many corporate attorneys neglect to properly address in finalizing an acquisition, asset purchase or merger is the seller’s workers’ compensation history. If the buyer is going to remain in … Continue reading

Continue Reading →

Reminder: Employers Must Use Extreme Caution When Considering Reimbursing an Employee’s Individual Health Insurance Premium

By Kelly A. VanDenHaute, Esq. In follow up to IRS Notices 2013-54 and 2015-17, the IRS Office of Chief Counsel has issued 4 information letters thus far in 2016  regarding employer reimbursement of employee individual health insurance premiums and related … Continue reading

Continue Reading →

Recently Introduced Legislation Could Lead to Increased Claims for Municipalities

By Christopher A. Gray, Esq. A bill proposed in the Ohio Senate could have a significant impact on Ohio municipalities’ budgets going forward. Ohio Senate Bill 5 would create an exception to Ohio law allowing for police officers, fire fighters … Continue reading

Continue Reading →

NLRB Punishes Company for Asking Employees to Maintain Positive Work Environment

By Christopher A. Gray, Esq. As attorneys we often advise clients to continually review and revise their employee handbooks. One of the reasons why is that what appears to be innocent language ends up costing employers money due to a … Continue reading

Continue Reading →

Sixth Circuit Potentially Expands Back Pay Damages in Title VII Cases

By Malorie A. Alverson, Esq. Last month the Sixth Circuit issued its opinion in Szeinbach v. The Ohio State University, opening up the door for plaintiffs alleging discrimination under Title VII and seeking back pay, to, in certain circumstances, look … Continue reading

Continue Reading →

Dealing with Mechanic’s Liens Which Arise After Completion of Construction

By Brian W. Bonham, Esq. Construction is complete on your new home and you are busy settling in to your new surroundings and then you receive notice that a mechanic’s lien has been recorded and is now encumbering your property. … Continue reading

Continue Reading →

Amendments to the Federal Civil Rules May Carry Unintended Consequences

By Zachary T. Graham, Esq. The overarching goal of the recent amendments to the Federal Rules of Civil Procedure is described in the new text of Rule One – which promotes the “just, speedy, and inexpensive determination of every action … Continue reading

Continue Reading →

New Treasury Regulations Impose Heightened Standards for Retirement Fund Advisors

By Anthony J. Cox, Esq. Financial advisors and financial services firms are facing new scrutiny, as indicated by a recent rule change by the U.S. Labor Department. In early April 2016, the U.S. Labor Department issued new regulations requiring that … Continue reading

Continue Reading →

Professional Practice Transitions, Section 197, and the Anti-Churning Rules

The Practical Tax Lawyer, Spring 2016, Co-authors Mark P. Altieri, J.D., LL.M., CPA, PFS and William P. Prescott, Esq., M.B.A.-Executive Program. View Publication PDF  

Continue Reading →

Sixth Circuit Revisits the Administrative Exemption Under FLSA

By Malorie A. Alverson, Esq. Earlier this month the Sixth Circuit ruled in Lutz v. Huntington Bancshares, Inc., et al. that the Plaintiffs, loan underwriters at Huntington Bank, were properly classified as exempt employees under the administrative exemption of the … Continue reading

Continue Reading →

Pitfalls to Avoid in Creating an Employee Light Duty Program

By Christopher A. Gray, Esq. Many employers are understandably concerned about the amount of temporary disability benefits an injured worker will receive following a work-related injury. In an attempt to reduce workers’ compensation claims costs, some employers will offer their … Continue reading

Continue Reading →

Importance of the Title Commitment

By Brian W. Bonham, Esq. When you are purchasing a home (or any type of property) the last thing you are thinking about (unless you are a real estate attorney) is the title commitment. The focus is generally on the … Continue reading

Continue Reading →

Remembering Justice Scalia

By Douglas J. Swearingen, Jr., Esq. In a culture where disagreement with regard to politics and jurisprudence can devolve into personal attacks and bickering between adversaries in the courtroom or on the debate stage, Justice Scalia helped to show us … Continue reading

Continue Reading →

Your Map to Technology Purchases

The New Dentist, Spring 2016, William P. Prescott, Esq. E.M.B.A. View Publication PDF

Continue Reading →

Construction Managers At-Risk May Assert Spearin Doctrine Claims

By Philip J. Truax, Esq. It is widely known that a project owner impliedly warrants to the contractor the suitability of its design documents. This is known as the Spearin Doctrine, named after the 1918 U.S. Supreme Court decision, United … Continue reading

Continue Reading →

Benefit Corporations – Mission-Driven Business

By Benjamin M. Cooke, Esq. and Anthony J. Cox, Esq. Toms® delivers shoes to underdeveloped regions across the world. Patagoina® has pledged 1% of its sales to preservation and restoration of the natural environment.  Kickstarter, the crowdfunding platform, has committed … Continue reading

Continue Reading →

An Exciting Week of Acquisitions

By John A. Polinko, Esq. The past two weeks have, at least, been notable and, for some, exciting, in the Ohio banking industry. First, Huntington Bancshares, Inc. announced plans to acquire FirstMerit Corp. (with Huntington National Bank absorbing FirstMerit Bank).  … Continue reading

Continue Reading →

Most Midyear Safe Harbor Plan Amendments Now Allowed

By Kelly A. VanDenHaute, Esq. Many employers offering a retirement plan utilize a safe harbor 401(k) plan for the convenience and level of security afforded to the employer by its use.  However, until recently, the IRS has not expressly permitted … Continue reading

Continue Reading →

Judge Throws Out $21.5 Million Dollar Verdict Awarded to Man Allegedly Injured on Cruise Ship After His Former Assistant Testifies that He Intentionally Deleted Damning Emails

By Malorie A. Alverson, Esq. Earlier this month, a federal judge in Seattle threw out a $21.5 million dollar jury verdict awarded to a man who claimed he was injured during a cruise in 2011, after the man’s former assistant … Continue reading

Continue Reading →

Proposed Legislation on Captive Insurance Companies Could Change the Game

By Anthony J. Cox, Esq. Captive insurance companies (that is, insurance companies owned and controlled by its insureds to underwrite the risks of the parent and/or the parent’s affiliated companies) are an increasingly popular tool for small businesses to obtain … Continue reading

Continue Reading →

Mechanics’ Lien Standard Exception in Owner’s Policies

By Brian W. Bonham, Esq. As you, the buyer, pour over the voluminous stack of documents, disclosures and notices provided to you by the title company in connection with the impending closing of your real estate transaction, you will invariably … Continue reading

Continue Reading →

Change is Good – You Go First

Dental Economics, January 2016, William P. Prescott, Esq. E.M.B.A. View Publication PDF

Continue Reading →

A Re-Hash on Ohio’s Prompt Payment Act

By Philip J. Truax, Esq. On a construction or improvement project, a developer or property owner often hires a single prime contractor to be responsible for performance of the project, and general contractors then subcontract out nearly all parts of … Continue reading

Continue Reading →

Residential Landlords May Be Responsible for Snow Removal Due to Past Conduct

By Anthony J. Cox, Esq. Under Ohio law, a residential landlord ordinarily has no duty to remove natural accumulations of ice and snow from common areas under his control when the lease is silent on the matter; ice and snow … Continue reading

Continue Reading →

Bankruptcy Form Revisions – A Welcome Change

By John A. Polinko, Esq. December 1, 2015, marked the day many bankruptcy professionals and debtors, whether they were generally aware or not, were waiting for.  After much effort by the Advisory Committee on Bankruptcy Rules over the span of … Continue reading

Continue Reading →

Debt Collection in Ohio by Unregistered Foreign Entity

By Zachary T. Graham, Esq. If you are a business owner who is seeking to collect upon a debt in another state in which your business is not registered, the answer may be as simple as filing a civil suit … Continue reading

Continue Reading →

Does your retirement plan have an automatic contribution feature? Are you administering it correctly?

By Kelly A. VanDenHaute, Esq. In an effort to further promote automatic contribution features in retirement plans such as employer sponsored 401(k) plans, the IRS issued Revenue Procedure 2015-28 earlier this year.  2015-28 provides corrections under the Employee Plans Compliance … Continue reading

Continue Reading →

Terminated At-Will Employee’s Promissory Estoppel Claim Upheld Based on Alleged Silent Assent by Employer

By Malorie A. Alverson, Esq. Last month an Ohio appellate court ruled in Trehar v. Brightway Ctr., 2015-Ohio-4144, that a promissory estoppel claim is viable even without an explicit promise by an employer to an employee if the employer remains … Continue reading

Continue Reading →

Prepaying Tuition Payments To Qualified Educational Organizations

By Brian W. Bonham, Esq. It is becoming more common for wealthy individuals to prepay the tuition expenses (which do not include books, supplies, dormitory fees, board or other similar expenses), on an annual basis or for multiple years, for … Continue reading

Continue Reading →

BMW Agrees to Pay $1.6 Million Dollar Settlement to Resolve Race Discrimination Suit

By Malorie A. Alverson, Esq. Last month BMW agreed to pay $1.6 million dollars, and provide job opportunities to alleged victims of race discrimination, to settle a federal lawsuit filed in 2013 by the U.S. Equal Employment Opportunity Commission (“EEOC”). … Continue reading

Continue Reading →

Engaging a Consultant with a Restrictive Covenants Agreement

By Brian W. Bonham, Esq. Inevitably, your company will want to engage an independent contractor (consultant) who is subject to restrictive covenants, typically non-competition, non-solicitation and confidentiality or some combination of foregoing. As a business owner, what can you do … Continue reading

Continue Reading →

Succession Planning for Dental and Dental Specialty Practices

The Practical Tax Lawyer, Spring 2015, William P. Prescott, Esq. E.M.B.A. and Mark P. Altieri, Esq. View Publication PDF

Continue Reading →