resourceful insights

Changes to the law on LLCs in Ohio

The Ohio General Assembly recently passed the Ohio Revised Limited Liability Company Act. […]

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What are the legal issues surrounding “Vaccine Passports”? Interview with 10TV News

Social media is full of posts about “vaccine passports” and how they infringe on your rights. So can private companies […]

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Police Video and Public Records: The New Rules

TV news and the internet often feature videos of pets, sports highlights. Now, there’s a new contender in videos vying […]

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Exploring the DORA: A Growing Economic Development Tool in Ohio Communities

As both temperatures and COVID-19 vaccinations rise, municipal corporations and townships may be shining a spotlight on innovative economic development […]

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As seen in “Legal Connections”, Tim Miller discusses the importance of The Letter of Intent in an M&A transaction.

As seen in “Legal Connections”, Tim Miller discusses the importance of The Letter of Intent in an M&A transaction. For […]

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Can I require my employees to get the COVID-19 vaccine?

Guidance from the Isaac Wiles Labor and Employment Group With the distribution and continued FDA approvals of COVID-19 vaccines, and […]

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House Bill 606 Enacted to Protect Businesses and Others from Covid-19 Liabilities

In a recent article featured in “Business First”, IW Partner, Pat Pickett, discusses how Ohio House Bill 606 protects businesses and other organizations from […]

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What is a QDRO in the Divorce or Dissolution Process?

Let’s talk retirement accounts. Even if your spouse never set foot in your workplace, or you never set foot in your […]

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If It’s Part of the Sidewalk, You Are Immune

Kyriakos Georgantonis was painting the side of a building on West Benson Street in Reading, Ohio.  He was working from […]

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School District Unions and COVID-19 Safety Regulations

There are new COVID-19 safety regulations. Can a school district actually implement them? Shorter days and chillier weather typically bring […]

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Law Enforcement Training Is No Laughing Matter

Cities, counties and other political subdivisions are responsible for ensuring that their law enforcement officers are adequately trained. The Supreme […]

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Preparing for Adoption During the Pandemic

For prospective adopting parents who need to complete a home study by an assessor through the Franklin County Probate Court […]

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Can “Wedding Barns” and Local Zoning Co-Exist? Ohio Supreme Court Takes a Closer Look

While the coronavirus pandemic may have put a temporary halt on large-scale weddings as we know them, believe it or […]

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Supreme Court Grants Federal Job Protection to LBGTQ Workers, How the Ruling Affects Ohio Employers and Employees

In a key recent decision, Bostock v. Clayton County, 590 U.S. ___ (2020), the U.S. Supreme Court found, “An employer who fires an individual merely for being gay or transgender defies the law.” […]

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COVID-19 and the Intersection with the Americans with Disabilities Act: Guidance for Employers

With numerous cities and states mandating infection control practices like social distancing, wearing of masks, and sanitizing workplace services and […]

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COVID-19: Updated Court Procedures

As we continue to learn new information and gather new data with regard to the COVID-19 pandemic, the court systems […]

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Paycheck Protection Program Loans: What’s at the End of the Rainbow?

The U.S. Small Business Administration (the “SBA”) began accepting applications for Paycheck Protection Program loans (a “PPP loan”) on April […]

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Navigating the Complexities around Tipped Employee Wages and PPP Loan Impact

Article written in collaboration with Dustin Minton, GBQ Partners There has been much discussion and questions concerning how businesses that received […]

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Trademark Scam Alert

We have seen increasing traffic in solicitations sent to new applicants for trademark and those who have already obtained registrations […]

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The U.S Supreme Court Clarifies That Willfulness is Not a Predicate Finding for Lost Profits in Trademark Infringement Claim

The federal circuits have expressed different views on whether a claimant alleging trademark infringement and seeking lost profits must first […]

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Paying Tipped Employees for Non-Tipped Activities

The Department of Labor has addressed the thorny issue of when to pay tipped employees for non-tipped activities. In its […]

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Trending Now – The Importance of Social Media Policies for Local Governments

As 2020 moves forward, local governments must face a modern-day fact: social media is here to stay, at least for […]

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When Employees Refuse to Return to Work Due to COVID-19

AFL-CIO President Richard Trumpke has recently called for employees to have the right to refuse to go to work if […]

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Get Off My Bus!

As seen in Ohio Transit Risk Pool’s May 2020 newsletter Can an unruly passenger be charged with trespassing for refusing […]

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A Kinder Gentler OSHA?

COVID-19 is not immune from the scrutiny of the Occupational Safety and Hazard Administration (OSHA). Whether implicated under specific OSHA […]

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How Legal Doctrines May be Applied for Protection from Debts Caused by the Impacts of COVID-19

By Timothy Miller & Jordan Benson See Full Text Article as seen in Business First https://www.bizjournals.com/columbus/news/2020/04/16/how-legal-doctrines-may-be-applied-for-protection.html […]

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Paycheck Protection Program Loans: A First, Deep Dive

This article summarizes certain portions of the Paycheck Protection Program contained in the recently enacted CARES Act. It focuses particularly […]

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Department of Labor Issues Temporary Rule Clarifying Small Business Exemption from the Requirements to Pay “Paid Sick Leave & Expanded FMLA Leave”

The Department of Labor (DOL) has issued its rule clarifying the exemption for business with fewer than 50 employees and […]

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What Small Businesses Need to Know about the Coronavirus Aid, Relief, and Economic Security (CARES) Act

In an effort to stabilize the economic impact of the COVID-19 pandemic, on Friday, March 27, 2020, Congress passed the Coronavirus […]

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Employer Liability for COVID-19

With the advent of COVID-19, employers are not surprisingly reviewing their obligations to employees to prevent exposure and infection with […]

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What Private Employers Need to Know about the Families First Coronavirus Response Act

On Wednesday, March 18, 2020, the Senate passed, without change, the Families First Coronavirus Response Act which was adopted by the U.S. […]

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Social Distancing and the Open Meetings Act, Can They Co-Exist?

We all know what the Ohio Open Meeting Act (OMA) requires. All meetings of any public body are declared to […]

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Has the Secure Act Created Financial Insecurity in Your Life?

e a presentation to a group of CPAs, attorneys, and financial professionals on the use of trusts as beneficiaries of […]

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The Motion Matters – What is an Acceptable Purpose Under R.C. 121.22(G)(1)?

Brian Ames sued the Portage County Board of Commissioners alleging it violated the Open Meetings Act on 42 separate occasions […]

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What is the Reasonable Use of Force Against the Mentally Ill?

En route to a mental health treatment facility, Joshua Blough got out of his fiancée’s vehicle holding his knife, walked […]

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Beyond the Basics of Special Needs Planning Part 2: Recent Updates

Keith A. Stevens ABLE Accounts The biggest change in special needs planning in the last five years has been the […]

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Leaving a Legacy to a Family Member with Addiction Issues

When a family member, including a child, grandchild or spouse, suffers from addiction issues, there are a number of estate […]

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“Navigating the Waze Craze” Sheriff & Deputy magazine

Waze allows drivers to navigate traffic by allowing app users to input activity such as current traffic, road hazards, accidents […]

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“The Secrets to ‘Winning’ Your Divorce: Realistic Expectations Get You Across the Finish Line”

There is no “winning” in divorce. Divorce law is specifically designed to favor an equal 50/50 division of assets and […]

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Legal Update: New Overtime Exemption Rules

Effective January 1, 2020, employers will now have to comply with the new overtime regulations finally adopted by the Department […]

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Negotiable Lease Terms for Restaurant Tenants

“One big mistake tenants make is signing a lease without understanding the obligations and consequences provided within the lease. Paying […]

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“Paying the Piper – Best Practices for Playing Music in Restaurants,” Modern Restaurant Management

Restaurants and bars are required to have a license to play music, as many songwriters and artists have protections under […]

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“The Role of Home Devices in Police Investigations”

If a smart speaker captures the audio of criminal activity, can that recording be used as evidence in a courtroom? […]

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“Ohio’s Payday Lending Regs May Inform Other State Efforts”

Co-Authors: Shawn Judge, Of Counsel, Isaac Wiles,  Mark Troutman, Partner,  Isaac Wiles and Gregory Travalio, Of Counsel, Isaac Wiles, Critics […]

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Ohio body-worn camera law strikes balance between privacy and transparency

For the full article, you may click here. […]

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“Witness for the Prosecution: A Smart Speaker?”

While these smart devices are only supposed to record requests and responses, it is unclear how long a device continues […]

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Watch What You Say; Statements Made After County Terminated Employee, Are NOT Immune from Liability

The old saying, “less is more” could never be truer. On March 9, 2011, Cuyahoga County terminated Marcella King Piazza’s […]

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“The Supreme Court of Ohio Clarifies The Construction Statute of Repose”

Co-authored by Judson Millhon The Supreme Court of Ohio finally resolved a major split in authority among its lower courts […]

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“Commercial Leases: How State Laws Can Vary and Affect Your Lease”

In an article published in “Modern Restaurant Management”, on July 26, Jordan Benson, Isaac Wiles Associate, discusses commercial leases and […]

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“Recent Developments From Federal Appellate Courts in Zoning Issues”

In a feature article published in the July/August issue of “Building Insider”, IW Associate, Molly Gwin, discusses recent developments from […]

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“Beyond the Basics of Special Needs Planning – Part I”

Author: Keith A. Stevens Social Security rules complicate special needs planning considerably, but several types of trusts can be useful for […]

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“Continued Attacks on Special Needs Trusts”

Co-author: Keith A Stevens As seen in “Probate Journal of Ohio” May/June 2019. Introduction In spite of statutes and a […]

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“Ohio police body cam provides a well balanced approach”

In an article authored by David Moser, Associate, Isaac Wiles, as seen in The Columbus Dispatch […]

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“Surviving the Kind of Crisis that Makes a Bad Yelp Review Seem Like a Love Note,” Modern Restaurant Management

In an article published in Modern Restaurant Management on May 20, Mark Weaver discusses crisis communications for the restaurant industry. […]

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“Supreme Court Shortlister’s Dissent Could Help Christian School,” Bloomberg Law

In an article published in Bloomberg Law on May 10, Shawn Judge is quoted discussing a case regarding Tree of […]

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“Dissolution vs. Divorce: What are the Differences?,” Divorce Magazine

In an article published in Divorce Magazine on Monday, May 6, Joanne Beasy discusses the differences between dissolution, divorce and […]

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Chalking Tires Determined to be an Unreasonable Search

Like many cities, Saginaw’s parking enforcement unit chalked tires to determine just how long a car was parked, and then […]

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Police “Body Cam” Law Balances Privacy & Transparency

These days, you hear a lot in the news about police body-worn camera videos. Some media outlets and citizen advocacy […]

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“Everything You Need to Know About Intellectual Property,” CO by U.S. Chamber of Commerce

In an article published in CO by U.S. Chamber of Commerce on Monday, April 29, Maribeth Meluch is quoted discussing […]

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“As America’s population ages, demand for elder law attorneys grows,” ABA Journal

In an article published in ABA Journal on March 27, Bill Browning is quoted discussing the growing demand for elder […]

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“Letter: Register communication disability with the state,” The Columbus Dispatch

In a letter to the editor published in The Columbus Dispatch on April 18, David Moser discusses recently passed Ohio […]

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“Will ID Cards and First Responder Training Protect People with Autism?,” Avvo Stories

In an article published in Avvo Stories on April 20, David Moser discusses the impact for the autistic community of […]

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Letter: Register Communication Disability With the State

In a letter to the editor published in The Columbus Dispatch on April 18, David Moser discusses recently passed Ohio House Bill 115 and […]

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A Case Study in Business Succession Planning

You hear the words “succession planning” often in today’s business world. This part of a company’s strategic planning, which can […]

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Sixth Circuit Reverses District Court in Case Based on 1975 Murder

In Ricky Jackson, et. al. v. City of Cleveland, et. al., — F.3d — (6th Cir. 2019), the Sixth Circuit unanimously […]

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Ohio Bill Creates Communication-Disability Registry for Police

In an article published in PoliceOne on April 1, David Moser discusses Ohio’s House Bill 115, implemented to aid interactions between police officers and […]

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Found in Translation – Sheriff & Deputy Magazine

In an article published in Sheriff & Deputy Magazine’s March / April issue, David Moser discusses Ohio’s H.B. 115, which implements a […]

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“NLRB Update: What Every Employer Needs to Know,” Employee Relations Law Journal

Author: Kofi A. Semenya In an article published in the Spring 2019 Issue of Employee Relations Law Journal, Kofi Semenya […]

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Protecting Retirement Accounts When Long-Term Nursing Home Care is Required

In an article published in Bloomberg Tax’s Compensation Planning Journal on March 1, Bill Browning discusses preserving retirement accounts for middle-class families to protect […]

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Urgent! ADA Applies to Your Website

Recently there has been an increasing number of lawsuits filed under the American with Disabilities Act which claim that a […]

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Foster Care Placements and Adoptions Raise Issues Under the FMLA – Employee Benefit Plan Review

In an article published in the February issue of Employee Benefit Plan Review, Matthew Teetor discusses foster care placements and adoptions under the […]

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Beware of Immediate Annuities

Authors: Keith Stevens & William Browning Single Premium Immediate Pay Annuities are a valuable tool in planning for Medicaid eligibility […]

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New Year, New Council; Same Old Executive Session Mistakes

With the new year, new council members and board of trustee members begin their journey of public service. For these […]

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Planning for Disabled Children

Authors: William Browning and Keith Stevens Raising a child with disabilities has many rewards and challenges. Estate planning which is centered […]

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Employment Law: Making it Official with Love Contracts – Columbus CEO

In an article published in Columbus CEO on January 7, Molly Gwin discusses the idea of having a workplace romance […]

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Nothing to LOL About: Cincinnati Case Puts New Focus on Text Messages as Public Records

RMR UR TXTs in 2K19. THX. (Remember your texts in 2019.  Thanks.) With the start of a new year, you […]

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How Health Care Expenses Can Bankrupt a Small Company

Many small companies are owned by one or two business owners who provide much of the labor and financial resources […]

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Are Ohio’s Employers Prepared for Medical Marijuana

Author:  Kofi Semenya In an article published in The Columbus Dispatch on November 7, Kofi Semenya discusses Ohio’s soon-to-be medical marijuana program and how […]

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Companies Could Sidestep Data Breach Claims Under Ohio Law

Author: Brandon Abshier In an article published in Bloomberg Law News on November 2, Brandon Abshier is quoted regarding the new Ohio Data […]

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Data Protection Act and Safe Harbor for Ohio Businesses

As a business, data breach and cybersecurity issues are an ongoing and daily concern. Even if your company has implemented […]

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Promotion Criteria Should Be the Same for Men and Women – Society for Human Resource Management

Author: Kofi Semenya In an article published in Society for Human Resource Management on September 17, Kofi Semenya discusses a […]

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Data Protection Act and Safe Harbor for Ohio Businesses

As a business, data breach and cybersecurity issues are an ongoing and daily concern. Even if your company has implemented […]

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New Credit Card Rules for Political Subdivisions

Governor John Kasich signed HB 312 into law last month, and with it came sweeping mandatory changes to how all […]

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Significant 2018 Federal Income Tax Changes for Business Owners – Building Insider Magazine

There is good news and some bad news for builders, developers, contractors and other business owners under the 2017 Tax […]

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LEADS Update Helps Bridge Communication Gap

On August 1, Ohio legislators took a huge step toward bridging the gap between law enforcement officers and drivers with […]

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Address Consensual Work Relationships With ‘Love Contracts’ – Hotel Management

In an article published in Hotel Management on August 21, Molly Gwin discusses the idea of having a workplace romance policy in […]

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Love Contracts: What Restaurant Owners Should Know About Consensual Relationships Between Employees – Modern Restaurant Management

In an article published in Modern Restaurant Management on August 2, Molly Gwin discusses the idea of having a workplace romance policy in place, […]

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Can the system handle soaring demand? – CQ Press

In an article published on July 20 in CQ Press, Danielle Skestos discusses the increasing demand for foster care and adoption services in […]

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How the U.S. Supreme Court’s Decision in Janus v. AFSCME Affects Public Employers

On June 27, 2018, the U.S. Supreme Court, in Janus v. AFSCME, 2018 U.S. LEXIS 4028, held that arrangements between government […]

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On-line Retail Sales Have Changed Forever

As you may have heard, last week, the United States Supreme Court issued a landmark decision that will forever change […]

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The Case Against the Billable Hour – Columbus CEO

Author: Kerry Boyle Partner Kerry Boyle discusses his use of alternative fee arrangements in his practice, in an aritcle published by Columbus CEO on […]

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Guest Blog: Protecting IRAs When A Spouse Requires Nursing Home Care – Columbus CEO

Medical bills were the biggest cause of U.S. bankruptcies—outpacing bankruptcies due to credit-card bills or unpaid mortgages—according to a survey […]

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Introducing the Legal Industry to Millennial Business Owners – Law360

Author: Yaima Seigley In an article published on Monday, May 21 by Law360, Yaima Seigley provides personal insight on cracking the “Millennial Code” […]

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Employee Romance in the Age of #Metoo – Restaurant Hospitality

In an article published on May 10, 2018, in Restaurant Hospitality, attorney Molly Gwin discusses the new trend of love contracts […]

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Marsy’s Law: Friend or Foe to Ohio’s Public Employees?

Last fall, Ohio voters overwhelmingly approved Issue 1, a constitutional amendment designed to enshrine victims’ rights in criminal cases. Dubbed […]

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Ohio Employers Could See Large Rebates This Summer

Governor John Kasich and Ohio Bureau of Workers’ Compensation CEO Sarah Morrison have proposed $1.5 billion in workers’ compensation premium […]

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FLSA Amendments: Congress Extends Tip Sharing to Back of the House Employees

In an article published on Friday, April 20 by Modern Restaurant Management, Molly Gwin discusses Congress’ recently amended Fair Labor Standards Act […]

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Double Your Business – Tips to successfully open a second location – Ohio Restaurant Association

Author: Kerry Boyle In an article published in the Spring edition of Ohio Restaurant Association’s a la carte magazine, Kerry Boyle expands on tips […]

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Columbus moves into Top 10 hottest housing markets in the U.S. – how do we spur more building? – Columbus Business First

In an article published on Monday, April 2 in Columbus Business First, Molly Gwin provides insight on Columbus’ hot housing […]

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The Opioid Crisis: Protecting Children from Addicted Parents – Divorce Magazine

In an article published on Monday, March 26 on DivorceMag.com, Danielle Skestos discusses custody cases surrounding opioid addictions and providing […]

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Knock-and-Announce Violation Does Not Mean Evidence is Excluded

The Ohio Supreme Court published an opinion last week examining whether the exclusionary rule is the appropriate remedy when police, […]

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New Income Tax Deduction for Certain Business Owners – Columbus CEO

Effective for the 2018 tax year and ending Jan. 1, 2026, a new income tax deduction known as the “Qualified […]

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A Mixed Bag: Medical Marijuana & Commercial Real Estate

The legalization of medical marijuana affects many property owners. The passage of HB 523 places specific demands on property owners […]

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Medical Marijuana Cultivator License List Sparks Lawsuit

Earlier this month, the Ohio Department of Commerce released the list of the twelve entities who received a provisional Level […]

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Lease Agreements: Protecting Your Downside

Author: Kerry Boyle In an article published on Nov. 1, 2017 by Modern Restaurant Management, Kerry Boyle discusses what restaurateurs should know when […]

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Real Estate Resolutions: Trust Versus LLC

Author: Holly Oak In an article published in the Oct. 27, 2017 print edition of Columbus Business First, and as part […]

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Former Delaware County Deputy Loses Wrongful Termination Lawsuit – Columbus Dispatch

An article published on Sept. 27, 2017 on Columbus Dispatch Online discusses Maribeth Meluch’s federal jury trial win. Meluch represented the Delaware County Sherriff’s […]

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Consequences of the Failure to Disclose Assets

One of the requisites of a bankruptcy filing is that the Debtor make a full and complete disclosure of not […]

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Medicaid Planning for Your Future

Author: Holly Oak In an article published in the Sept. 15, 2017 print edition of Columbus Business First, as part of the […]

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Employee vs. Independent Contractor Classifications: What Can the Employer Control?

In an article published in the Fall 2017 issue of Business Opportunities Handbook, Matt Teetor provides insight into what employers are able to […]

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Workers’ Compensation Statute of Limitations Reduced to One Year

In follow-up to our recent post on House Bill 27, an update has been made to this proposed legislation in regards to […]

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Plaintiff Permitted to Sue as Anonymous Jane Doe in $50 Million Sex Discrimination Lawsuit and What it Means for Employers

A female partner at the law firm of Proskauer Rose, LLP, filed a $50 million gender discrimination claim against the […]

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Recent Changes to Transferring Ownership of Deceased’s Automobile

Ohio law has recently changed impacting estate administration issues. Notably, the two-car limit automobile allowance is eliminated. Previously, when a […]

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Recent “Buzz” Regarding Medical Marijuana

Medical Marijuana continues to be an issue throughout the state as City Council in each of Ohio’s largest cities are […]

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Proposed Legislation Could Mean Big Changes for the Workers’ Compensation System

Two pieces of legislation are making their way through the Ohio Statehouse and both could bring drastic changes to the […]

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High School’s Protocol Requiring Searches of Unattended Book Bags Affirmed As Reasonable and Constitutional

If you have pushed your school’s search protocol to the bottom of the to-do list, make sure you move it […]

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The One Financing Risk Never to Take When Starting a Business: $50-Million-A-Year Restaurant Mogul

Author: Kerry Boyle In an article published on June 2, 2017 by CNBC.com, Kerry Boyle offers guidance to individuals who […]

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“Spotlight: John Jolley,” Columbus Business First

In an article published in the June 2, 2017 print edition of Columbus Business First, John Jolley is profiled and discusses […]

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Positive Changes to Ohio Custodial Accounts for Minors

Many families establish custodial accounts at a bank or a broker for the benefit of the minor child or grandchild. […]

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Closing a Dental Practice: The Devil is in the Details

Author: Paul-Michael La Fayette In an article published by DentistryIQ on April 12, 2017, Paul-Michael La Fayette discusses the many […]

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Start Preparing Now for Paid Family Leave, Employers

In an article published by Columbus CEO on April 3, 2017, Molly Gwin discusses the recently proposed legislation of the […]

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IC-DISC: A Tax incentive for U.S. Exporters

One of the few tax incentives still available to manufacturers, assemblers and distributors of goods that are produced in the […]

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Company’s Nondisclosure Policy OK Despite Broad Language

In an article published by the Society for Human Resource Management (SHRM) on March 30, 2017, Maribeth Meluch provides insight […]

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Police Prioritize Autism Training

Author: Carrie Gutowski In an article published on April 3, 2017 by This Week Community News, Carrie Gutowski is featured […]

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“Difficult Math: When Some Children Don’t Want to Join the Family Business,” – Columbus Business First

In an article published in the print and digital editions of Columbus Business First on March 10, 2017, John Lucas […]

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Please Rise and Bow Your Heads – Your Legislative Prayer is Unconstitutional

Last week, the 6th Circuit Court of Appeal issued a landmark decision prohibiting local government bodies from opening its meeting […]

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Asking About a Prospective Employee’s Criminal Past? Think Twice During Application Process – Ohio Restaurant Association

In an article published online by the Ohio Restaurant Association on Feb. 8, 2017, Jeff Stankunas and Carrie Gutowski provide […]

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“What State’s Medical Marijuana Law Means for Ohio Employers,”- Columbus Business First

In an article published by Columbus Business First on Feb. 10, 2017, Brian Zets discusses the implications of medical marijuana […]

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“What Employers Can and Can’t Control When It Comes to Employees’ Social Media Accounts,” – Columbus CEO

In an article published by Columbus CEO on Jan. 26, 2017, Aaron Glasgow provides insight on the legal boundaries that […]

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“What the Appellate Court Split on Class Action Waivers Means for Employers,” Workforce

In an article published by Workforce magazine on Jan. 24, 2017, Molly Gwin provides insight on the recent cases relating […]

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“Guidelines for Closing a Medical Practice,” Physician Connection

Isaac Wiles Partners, Paul-Michael La Fayette and Patrick Pickett, along with M. Veronica Brattstrom, M.S., CHTS-PW, CHP, recently published an […]

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Medical Marijuana – The Numbers Are Coming Into Focus, But Do You Want the Supply Chain In Your Municipality?

Since last September, you have been hearing about medical marijuana in Ohio. For months, it was nothing more than a […]

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“Before Pitching, Startups Should Get Their Legal House in Order,” Columbus CEO

Author: Yaima Seigley In an article published by Columbus CEO on Dec. 12, 2016, Yaima Seigley discusses the importance of […]

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Social Media – What a public employer can and can’t control

As the election cycle continues to heat up, it is not difficult to find social media postings that could be […]

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Wearable Technology—helpful employee monitoring tool or lawsuit evidence?

As technology advances, so does an employer’s ability to monitor its employees’ conduct and work performance. Some employers are outfitting […]

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Trust Restored: European Commission adopts the EU-U.S. Privacy Shield, but does it provide stronger protection of personal data than the recently-ruled invalid Safe Harbor framework?

The European Commission adopted the EU-U.S. Privacy Shield on July 12, 2016, in an attempt to restore the trust between […]

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Defend Trade Secrets Act signed into federal law–Why it’s a bigger deal than many may think…

May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into federal law. As an extension to the […]

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Sub SB321 – Legislative Change for Public Records Disputes

Author: Paul-Michael La Fayette Recently, the Ohio General Assembly passed Sub SB321 wherein the Ohio General Assembly created an alternate […]

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BuckHigh State: Medical marijuana bill passes in Ohio, but there is a catch. What does it all mean for users and employers?

Issue 3’s crushing failure in the fall of 2015 hinted Ohio was years away from legalizing any kind of marijuana […]

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Column: Stanford sexual assault case far from surprising

Newark Advocate | newarkadvocate.com Published: June 15, 2016 Article at NewarkAdvocate.com I’ll never forget the scene. I was prosecuting a […]

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Don’t Look a Gift Horse in the Mouth–correcting employee misclassifications

One of the easiest ways to run up penalties with the Department of Labor is to misclassify employees as overtime […]

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Overtime Extended to Millions

The U.S. Department of Labor implemented its new rule to increase the base salary requirement for white collar exemptions to […]

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Those Emails, Texts, and Tweets Qualify As a Public Meeting

For years, I have been advising municipal clients to avoid email and text messages.  Not because I am anti-technology (I […]

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Plat Modifications – Building Insider Magazine

BIA | Building Insider Magazine Volume XXXIII, Issue 2 As more and more redevelopment is undertaken within some of the […]

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Opinion: Constitution gives Senate discretion

Cincinnati Enquirer | Opinion Mark R. Weaver teaches at the Ohio State University College of Law. He previously served as […]

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If You Have Auxiliary Officers, You Must Comply With This New Law

Each county, municipal corporation, township, township police district, and joint police district with a police or sheriff’s department that employs […]

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Employee Wellness Programs

*Adapted from Columbus Bar Association, Employment Law Committee Meeting and United States Employee wellness programs can provide obvious and not […]

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May a Child Call a Step-Mom “Mom”?

According to a New Jersey Court, the answer is yes, a step-mom may be called “Mom” by his/her step-child. While […]

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The Anti-Growth Movement Surges But Offers Few Solutions

BIA | Builder Update Magazine Volume XXXII, Issue 7 Two separate anti-growth initiative petitions and one zoning referendum effort are […]

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Your Mandatory Rental Inspection Code is Unconstitutional

Last month, the United States District Court in Cincinnati held the Portsmouth Rental Dwelling Code (RDC) violated the Fourth Amendment […]

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Trial Means Trial…Car Troubles or Not…

In a recent decision from the Ohio Fifth District Court of Appeals, a hard lesson was learned by a party…trial […]

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BODY CAMERAS: Do their pictures mean a thousand words?

We’ve all seen news stories involving police shootings. Sometimes those stories feature video taken by spectators, security cameras, or the […]

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NLRB Snares Franchisors as Joint Employers of Franchisee Employees

The National Labor Relations Board issued a ruling on August 28, 2015 which represents a significant shift in determining whether […]

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New Franklin County Parenting Coordination Rule!

Effective September 15, 2015, the Franklin County Common Pleas Domestic Relations Division and Juvenile Branch adopted Parenting Coordination Rules.  As […]

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Ohio ABLE Act: Fund the Needs of Disabled Persons

Individuals with disabled children get a new vehicle that will help in covering certain expenses. This new savings account was […]

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Big Changes to the Settlement Process are on the Horizon

BIA | Builder Update Magazine As you may have heard, a new Real Estate Settlement Procedures Act (RESPA)/Truth in Lending […]

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New DOT regulations apply reasonable accommodation standard to transportation entities

New Department of Transportation (DOT) regulations became effective on July 13, 2015. The new regulations apply the “reasonable accommodation” standard […]

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Your Mobile Phone Easily Records Conversations…But Is Recording Legal?

Ohio is a “one party” consent state when it comes to recording a “wire, oral or electronic communication.” R.C. 2933.52(B)(4). That means […]

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For officer safety or for officer convenience: Only one justifies a pat-down search

ames Holder was a passenger in a vehicle whose driver was arrested for OVI.   The arresting officer asked Holder if […]

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Armed (but not necessarily) Dangerous

On a mid-summer evening, a 911 call in Toledo reports “a guy walking down the street” with his dog “carrying […]

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Independent contractors not in vogue – DOL takes position that almost all workers are employees

The U.S. Department of Labor (DOL) issued a memorandum on July 15, 2015 to provide additional guidance on how the Fair […]

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Ohio Supreme Court Continues to Refine Definition of “Overbroadness” in Public Records Requests

The Ohio Supreme Court continued to grapple with the issue of overbroadness in public records requests under R.C. § 149.43 […]

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Representing Yourself? Pay Very Close Attention to Deadlines!

In a recent decision by the Tenth District (Franklin County) Court of Appeals, a party to a divorce action who […]

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You’ll Pay if You Delay!

In a June 24, 2015 decision from the Fifth District Court of Appeals regarding a Delaware County, Ohio case, the […]

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Sign Code 101 – Make it Content Neutral

If you have not looked at your sign code in a long time, there is no time like the present. […]

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Mega Trends in Demographics and Economy Driving Housing Decisions

At a recent seminar for builders and realtors sponsored in part by the BIA of Central Ohio, Stewart Title’s Chief […]

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Photo Lineups – You Better Have A Policy For That

Last month in State v. Hill, 2015-Ohio-1456, the Ohio Supreme Court had the opportunity to review Ohio’s photo lineup procedure. R.C. […]

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Take This Job and Shove It

Author: Miles Gibson Payment of Temporary Total (TT) disability benefits is the number one cost driver in workers’ compensation. Over […]

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Email Discussions – Are They Public Meetings? The Ohio Supreme Court Will Decide

The Ohio Supreme Court agreed to hear whether Olentangy Local School District violated Ohio’s Sunshine Law. In April 2013, Adam […]

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LATEST FROM OHIO SUPREME COURT: Less Protection to Keep Public Employees Safe from Harm

Ahh, the joys of public service. Having a lower salary than your private sector counterparts? Check. Regularly hearing “I pay […]

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NLRB issues report of concerns over employer policies even for non-unionized workplaces

On March 18, 2015, the General Counsel for the National Labor Relations Board released a report of his concerns regarding […]

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Right to Prohibit Arms

A political subdivision’s ability to prohibit firearms is limited.  Everyone knows the Ohio Constitution makes clear “the people have the […]

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Ohio Supreme Court Defines Counties’ Maintenance Responsibilities for Bridges Located within Municipalities.

In October, 2014, the Ohio Supreme Court issued a decision defining the obligations of Ohio counties with respect to the […]

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Delegation of Responsibility for Comprehensive Zoning Plan Is Unconstitutional

It might be tempting to delegate the responsibility for updating a city’s comprehensive zoning and development plan to a specially […]

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The danger of an overbroad view of the “overbroad” doctrine in Ohio public records law

I’m a supporter of the appropriate use of the doctrine of “overbroad,” which is one of the possible responses a […]

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IW win establishes guidelines for governments to use to keep their volunteers from claiming they are employees

Isaac Wiles recently obtained a victory from the United States Court of Appeals for the Sixth Circuit on behalf of […]

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Is that arrest warrant valid? Not likely after State v. Hoffman

Last week, in State v. Hoffman, 2014-Ohio-4795, the Ohio Supreme Court found the manner in which the Toledo Municipal Court issued arrest […]

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Specific Statutory Exemptions under the FMLA for Unclassified Public Employees

Whether or not an employee is covered under the Family Medical Leave Act (“FMLA”) is an important consideration for all […]

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Insurer Was Not Required to Defend Allegedly Rogue Police Officer

A police officer can be found to have been acting under “color of law” for purposes of civil rights violations, […]

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Pregnancy Discrimination covers more than pregnancy, says EEOC

The EEOC has issued guidance on pregnancy discrimination that broadens protections for workers and risks for untutored employers. The EEOC […]

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Cruiser Video Exempt From Disclosure

Public Records Update – In a case of first impression, the Twelfth District Court of Appeals found a cruiser camera […]

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Fault Matters

Author: J. Miles Gibson If I’ve heard it once, I’ve heard it one-hundred times. “Workers’ compensation is a no-fault system.” […]

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Get a Warrant – if you want to search that cellphone

Last month, the United States Supreme Court established a bright line rule for police officers.   If you want to search […]

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Prisoner’s right to contact family does not give claim for denial of overseas calls

In an unreported opinion, the Sixth Circuit US Court of Appeals gave qualified immunity to Michigan prison officials who forbid […]

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Anthony Sowell’s victim strikes out in court; lessons for law enforcement follow

The Sixth Circuit threw out the case against law enforcement and others for failing to stop a serial killer.  Sowell’s […]

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School Treasurer blows budget; tells Board, gets fired. Court says can sue for retaliation

The United States Sixth Circuit Court of Appeals has decided an unreported case under Michigan law that shows how they […]

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Judge chases Public Defender out of town; no lawsuit

The Sixth Circuit threw out a case by a Public Defender who was run out of town by the local […]

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Plead Guilty To Possessing Marijuana – Lose Your License

Author: Craig Mayton University students and party-goers in general are sometimes charged with possession of marijuana. This is often based […]

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Executive Order to Increase Overtime Pay

Author: Maribeth Deavers, Esq. Author: Nathan Hurst President Obama, in his State of the Union, promised this year to be […]

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Fourth Amendment and Consent Searches

Public Law Update – SCOTUS refines case law governing consent searches, thereby limiting its Randolph decision. On February 25, 2014, the Supreme […]

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SB 93 – Open Meetings To Include Fact-Finding

Public Law Update – SB 93 aims to change many things about Ohio’s Open Meeting Act, including when it’s triggered. […]

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New Home Mortgage Rules

On January 10 and January 18, 2014, new home mortgage rules became effective.  These rules are complex and voluminous.  They provide […]

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TASER on arrestee who is neither helpful nor resisting: no immunity

Sixth Circuit holds in the case of an officer who comes upon a suspect in Hardees who has been disruptive, but who […]

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