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onstruction projects (and contractors) end up in Ohio’s courts far too often, and the question on every owner or contractor’s mind is, “can we recover our attorney fees?” Ohio’s Seventh District Court of Appeals recently answered this eternal question and reaffirmed Ohio’s use of the “American Rule” for recovering attorney fees, which means attorney fees can be recovered … sometimes.…

Recently, we published a brief article concerning the treatment of a PPP loan in a change of control transaction; specifically, the sale of a PPP borrower’s business. In our experience in such transactions, to date, banks have struggled with addressing the PPP loan prior to the acceptance of an application of forgiveness. …

Imagine the following scenario: perhaps even a typical scenario in today’s commercial real estate environment. A commercial landlord receives a notice from its tenant’s legal counsel. The notice informs the landlord that the tenant, who is seven years into a ten year lease, is vacating the premises in thirty days and would thereafter have no further duties or obligations under the lease. …

How does a PPP loan that has not yet been forgiven get handled in a mergers and acquisitions (M&A) deal? “It depends.” Most clients are familiar with this phrase from their lawyer. In most cases the vague or uncommitted response is necessitated by the uncertainty of how the facts might be judged or interpreted in a given situation. …

A Federal Court in Missouri refused to dismiss a class-action lawsuit brought by Missouri and Kansas businesses seeking to invoke Business Interruption coverage from their insurance carrier. Class Representative Plaintiffs, Studio 417, a hair salon, and several named restaurants filed their Complaint against …

In the wake of a nationwide crisis, the U.S. Small Business Administration (SBA) is offering low-interest small business loans for working capital through its Disaster Loan Assistance program to small businesses impacted by COVID-19.…

The Fair Labor Standards Act (“FLSA”) is the federal law setting the requirements for paying employees and defining what type of positions qualify for overtime. If a position is non-exempt, employees working in that position must be paid overtime at a rate of one and one-half times their regular hourly rates for any hours worked over 40 hours in a week. States also have their own statutes addressing employee pay. The penalty provisions under both the state and federal regulations can be very significant.…

In recent years, a new brand of investor has entered the middle market private equity space: the fundless sponsor. Different than the traditional private equity fund, fundless sponsors do not have an investment fund supporting any acquisition activity. Rather, these fundless sponsors pursue deal opportunities seemingly opposite to the private equity funds that they are competing with. The fundless sponsor identifies a target acquisition and then figures out how they are going to pay for it.…

Aging in place simply means that older individuals make a conscious decision to age in their current residence by adding the appropriate wrap-around services necessary in order to maintain their quality of life as they move along the aging continuum. This means planning early in regards to finances, estate plan, future health care needs and more.…

Assistance animals are a common occurrence these days: on airplanes, in restaurants, and at the grocery store. Ohio businesses who offer up any space to the general public—whether a lobby or a larger retail or dining area—need to understand the rules governing assistance animals so they do not find themselves in violation of state and federal disability laws or facing thousands, or even millions, of dollars in potential damages.…