Author Info for Roetzel & Andress

Nicholas Adair

Minor Settlements in Ohio

In an ever-changing legal environment, one thing has always remained true – minor settlements in Ohio require Probate approval, no matter how small. The process may seem daunting, but ultimately there are only three primary…more

Bodily Injury, Custodians, Fund Distribution, Guardians, Minors

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Heather Renée Adams

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

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Karen Adinolfi

United States Supreme Court Holds That Involuntary Job Transfers Can Violate Title VII

On April 16, 2024, in the case of Muldrow v. St. Louis, the United States Supreme Court unanimously ruled that Title VII of the Civil Rights Act of 1964 prohibits discriminatory job transfers, even if the transfer does not come…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

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Lewis Adkins, Jr.

Ohio General Assembly Passes Emergency Legislation In Response To COVID-19

The Ohio General Assembly has passed emergency legislation in response to the COVID pandemic. The following issues were addressed: Water Disconnect Orders- Child Day Care- Education-..…more

Coronavirus/COVID-19, Emergency Response

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Ericka Adler

Urgent Action on Restrictive Covenants: Employers Must Prepare for FTC Rules

In this episode of #HealthLawHotSpot, host Ericka Adler is joined by Roetzel attorney Christina Kuta to tackle a pressing issue that could affect employers nationwide: the imminent FTC restrictive covenant rule. With the…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Susan Keating Anderson

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

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Emily Anglewicz

Court of Appeals Issues Significant Mineral Trespass Opinion Upholding Multi-Million-Dollar Future Damages Award

On January 18, 2023, in TERA, LLC v. Rice Drilling D, LLC, et al., --- N.E.3d ----, 2023-Ohio-273, the Seventh District Court of Appeals issued a key decision concerning mineral trespass law in Ohio. The court of appeals upheld…more

Appellate Courts, Bad Faith, Conversion, Land Owners, Mineral Leases

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Brian Bedinghaus

Illinois Small Businesses Now Eligible To Apply For SBA Disaster Loans

The state of Illinois has been added to the list of Presidential and SBA Agency Declared Disaster States. This designation enables Illinois small businesses to apply for low-interest SBA Economic Injury Disaster Loans in an…more

Coronavirus/COVID-19, Disaster Aid, Economic Injury Disaster Loans, Presidentially-Declared Major Disaster Area (PDMDA), Relief Measures

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Aretta Bernard

Uptick in COVID Cases Prompts Additional EEOC Guidance

With COVID variant cases on the rise, the EEOC published new, additional guidance to employers on July 12, 2022. All of the EEOC’s updates can be found here. A few significant updates are summarized below:..…more

Coronavirus/COVID-19, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Guidance Update, Virus Testing

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Robert Blackham

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

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Brett Bleier

Significant Changes to Condominium Act: HB 1021 Signed – Effective July 1, 2024

Friday June 14, Governor DeSantis signed HB 1021, which places significant new burdens on condominium managers and directors. This bill is effective July 1, 2024, although some new requirements have later effective dates. …more

Board Meetings, Certification Requirements, Community Associations, Condominium Associations, Continuing Education

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Michael Brohman

New Illinois Law Requires Larger Employers to Give Transit Benefits to Employees

Toward the end of 2023, Illinois enacted the Transportation Benefits Program Act. This Act, which became effective January 1, 2024, requires employers with 50 or more employees to provide their employees with a pre-tax commuter…more

Employee Benefits, Illinois, State Labor Laws, Transit Benefits, Wage and Hour

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Eric Bruestle

Ohio Supreme Court Expands Voluntary Abandonment Defense

In State ex rel. Klein v. Precision Excavating & Grading Co.,[1] decided September 27, 2018, the Ohio Supreme Court ruled a claimant who voluntarily removes himself from his former position of employment for reasons unrelated to…more

Disability, Disability Benefits, Employment Litigation, Wage and Hour

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Benjamin Chojnacki

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

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Andrew Clott

Illinois Supreme Court Expands Exposure to Penalties Under Illinois Biometric Information Privacy Act

The Illinois Supreme Court issued its much-anticipated decision today in the Cothron v. White Castle case, which interpreted the Illinois Biometric Information Privacy Act (“BIPA”). The decision is likely to have far-reaching…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Data Privacy

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Chris Cotter

22 Affirmative Defenses for 2022

As we say hello to a new year, let’s review 22 of the most common Affirmative Defense available to you under Ohio law. Most cases that we defend involve at least one, and usually more than one, of these defenses. Often the best…more

Affirmative Defenses, Car Accident, Strategic Planning, Summary Judgment

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John Coyne III

Possible Leniency For Commercial Tenants And Real Estate Borrowers In Ohio

Governor Mike DeWine issued Executive Order 2020-08D directed at two commercial real estate constituencies affected by the COVID-19 pandemic. First, for the benefit of small business commercial tenants facing financial…more

Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction, Landlords

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Stacey Dettwiller

Corporate Transparency Act: New Reporting Rules for Dissolved and Merged Companies

On January 1, 2024, federal law called the Corporate Transparency Act (“CTA”) took effect. The CTA aims to prevent money laundering, tax fraud, and other illegal activity by requiring companies to report basic identifying…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Mergers

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Jason Dodson

Ohio General Assembly Passes Emergency Legislation In Response To COVID-19

The Ohio General Assembly has passed emergency legislation in response to the COVID pandemic. The following issues were addressed: Water Disconnect Orders- Child Day Care- Education-..…more

Coronavirus/COVID-19, Emergency Response

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Lidia Ebersole

In-Person Burden on Remote Workplaces: Physical I-9 Document Re-Inspections Required by August 30, 2023

Since the late 1980s, U.S. employers have been required to verify employment eligibility of new hires by filling out Form I-9 within three business days of hire. Until March 2020, this process involved physical inspection of…more

Department of Homeland Security (DHS), E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers

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Sean Ellis

My Safe Florida Condominium Pilot Program Offers Hurricane Mitigation Assistance

House Bill 1029 established The My Safe Florida Condominium Pilot Program (the “Program”) effective July 1, 2024. This new Program aims to assist eligible condominium associations by offering hurricane mitigation inspections to…more

Condominiums, Department of Financial Services, Florida, Hurricane Season, Inspections

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Sara Fanning

What is “Reasonable Diligence” Under the DMA? The Ohio Supreme Court Offers More Guidance to Landowners

On March 24, 2022, the Ohio Supreme Court reviewed the Ohio Dormant Mineral Act and further clarified the steps a surface owners must take to identify and locate mineral holders before serving notice of abandonment…more

Land Owners, Mineral Leases, Mineral Rights, OH Supreme Court, Oil & Gas

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Laura (Megan) Faust

Ohio Appellate Court Finds Virtual Contact Is Not Enough for Personal Jurisdiction

On June 30th, 2022, the Ninth District Court of Appeals issued a significant decision in Magnum Asset Acquisition, LLC v. Green Energy Technologies, LLC. The Court decided that virtual communication between parties to a contract…more

Appellate Courts, Breach of Contract, Due Process, Long Arm Statute, Out-of-State Companies

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Diana Feitl

President Signs Unprecedented $2 Trillion Coronavirus Stimulus Bill

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act (H.R. 478), which is a $2 trillion stimulus package in response to the impact the Coronavirus is having on the U.S…more

CARES Act, Coronavirus/COVID-19, Economic Stimulus, Financial Stimulus, Relief Measures

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Brian Fox

Ohio Supreme Court Restores the Presumption of Regularity for Executive Session Deliberations

Public bodies rejoiced over the Ohio Supreme Court’s opinion in State of Ohio ex rel. Christopher Hicks v. Clermont County Board of Commissioners this past holiday season. The largely contentious case drew statewide attention…more

Meeting Minutes, OH Supreme Court, Open Meetings Act, Public Entities, Public Meetings

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Benjamin Fraifogl

Court of Appeals Rules That Oil and Gas Company Has Ongoing Obligation to Restore Property Despite General Release of Damages in Surface Use Agreement

On April 11, 2022, the Fourth District Court of Appeals issued a significant decision in Zimmerview Dairy Farms, LLC v. Protégé Energy III LLC establishing that a general release of damages signed in connection with a pad site…more

Appellate Courts, Land Owners, Oil & Gas, Pipelines, Property Damage

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Barry Freeman

U.S. Court of Appeals Throws Out and Simplifies Federal Tip Credit Rule

For a generation, one of the most contested FLSA issues was when employers could pay subminimum wages to tipped employees. During Republican administrations, the U.S. Department of Labor issued business-friendly tip-credit…more

Appellate Courts, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Wage, Restaurant Industry

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Stephen Funk

Roetzel & Andress: 2020 Appellate Year In Review

The Appellate Law Practice Group of Roetzel & Andress represented clients in a wide variety of cases in both state and federal courts, appealing adverse trial court rulings and successfully defending lower court victories on…more

Abandoned Property, Appeals, Appellate Courts, Attorney's Fees, Breach of Contract

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William Hanna

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

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Donna Hartl

Employee Retention Tax Credit: Post COVID Updates for Healthcare Practices

Joining host Ericka Adler on the #HealthLawHotSpot this week is fellow Roetzel shareholder and leader of the tax practice group, attorney Donna Hartl. Donna provides insight on how and why the Employee Retention Tax Credit…more

Coronavirus/COVID-19, Employee Retention, IRS, Payroll Taxes, Relief Measures

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Erika Haupt

Now That We’ve Seen the Eclipse, It’s Time To Plan for the TCJA Sunset

As the ball drops in Times Square on December 31, 2024, many of the tax breaks established by the Tax Cuts and Jobs Act (TCJA) of 2017 will disappear. While the TCJA made some permanent tax cuts, a number of tax cuts and…more

Clawbacks, Estate Tax, Family Trusts, Income Taxes, IRS

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Morris Hawk

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

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Patrick Healy

School Bus Stop-Arm Camera Laws: Safety Takes A Front Seat As Kids Head Back To Class - UPDATED September 2021

Children are returning to in-person learning and legislatures across Indiana, Kentucky, and Ohio are working to keep them safe while they travel between home and school. Following a tragic October 2018 accident where a motorist…more

Cameras, Child Safety, NTSB, School Transportation

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Philip Heebsh

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

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Deirdre Henry

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

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Adam Hirsch

The Nuts and Bolts of Noncompete Agreements: Part 2: Executive Order Update

Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined again this week by Adam Hirsch, Roetzel business litigation attorney, for Part 2 of an overview of noncompete clauses in contracts with…more

Biden Administration, Competition, Employment Contract, Executive Orders, Health Care Providers

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David Hirt

Federal Judge Temporarily Prevents New Title IX Regulations From Taking Effect in Ohio

On June 17, 2024, a United States District Court judge in Kentucky issued a preliminary injunction preventing the 2024 Title IX regulations from going into effect in several states, including Ohio. The 2024 regulations are…more

Bostock v Clayton County Georgia, Department of Education, Employees, First Amendment, Free Speech

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David Hochman

IRS Issues Proposed Regulations on Long-Term, Part-Time Employees

Historically, qualified retirement plans have excluded part-time employees from participation. An employer’s ability to do so has now been limited by the Setting Every Community Up for Retirement Enhancement Act (“SECURE Act”)…more

401k, Employee Benefits, Employee Contributions, IRS, Part-Time Employees

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Paul Jackson

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

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W. Glenn Jensen

Third-Party Releases Are Not Consistent with Bankruptcy Code: Creditors Can Still Maintain Direct Claims

A federal district court judge in New York has vacated a bankruptcy court’s confirmation of the controversial Chapter 11 plan of Purdue Pharma, LP. The reorganization of Purdue Pharma sought to provide a release of all third…more

Bankruptcy Code, Chapter 11, Creditors, Debtors, Opioid

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Tyler Jolley

Are Violations Of The FMCSRs Admissible To Show Negligence In A Trucking Case? Not According To The Sixth Circuit

In trucking cases, plaintiff’s lawyers like to use the Federal Motor Carrier Safety Regulations (“FMCSRs”) against trucking companies and their drivers. Sometimes the FMCSRs are used to argue that truck drivers are “professional…more

Commercial Truck Drivers, FMCSA, Motor Carriers, Safety Standards, Trucking Industry

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Marc Kallish

Negative Online Reviews and Reputation Management: Tips for Health Care Practices and Providers

More patients than ever admit to choosing their health care providers based on what they read online. This means that false and misleading reviews which appear online can significantly impact a health care provider’s reputation…more

Defamation, False Statements, Health Care Providers, Libel, Online Reviews

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Geena Kandel

Rising Inflation Affects Ceilings on Retirement Contributions, Transfer Tax Credits and Income Tax Brackets for 2023

The IRS on Friday announced a historic increase in contribution limits to 401(k) and other qualified retirement plans. In 2023, you may contribute up to $22,500 to your 401(k), 403(b) and most 457 plans, which represents more…more

401k, Contribution Limits, Employee Benefits, Generation-Skipping Transfer, Gift Tax

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Alexander Karcher

New Scam Targeting Motor Carriers

Consistent with an uptick in fraud in the trucking industry, a new scam email started making its rounds to motor carriers the week of July 29, 2024. The email, appearing to be from the Federal Motor Carrier Safety Administration…more

Department of Transportation (DOT), Email, FMSCA, Motor Carriers, Scams

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Hailee Kepchar

Ohio Supreme Court Restores the Presumption of Regularity for Executive Session Deliberations

Public bodies rejoiced over the Ohio Supreme Court’s opinion in State of Ohio ex rel. Christopher Hicks v. Clermont County Board of Commissioners this past holiday season. The largely contentious case drew statewide attention…more

Meeting Minutes, OH Supreme Court, Open Meetings Act, Public Entities, Public Meetings

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Corey Kleinhenz

Supreme Court Issues Decision Finding TTD Compensation Can Be Terminated Based on MMI Prior to the Date of Industrial Commission Hearing

On March 5, 2024, the Ohio Supreme Court announced its decision in State ex rel. Dillon v Industrial Commission (Slip Opinion No. 2024-Ohio-744). In so doing, the Court overruled 25-year precedent from its prior authority in…more

Medical Examinations, OH Supreme Court, Temporary Total Disability, Workers’ Compensation, Workplace Injury

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Craig Koenigs

Reminder: Cigar Warning Statements and Warning Plans

The Deeming Regulations enacted by the Food and Drug Administration (FDA) on May 10, 2016, expanded the agency’s tobacco regulatory authority to cigars and certain other tobacco products. Among the regulatory provisions made…more

Food and Drug Administration (FDA), Tobacco Regulations, Warning Labels

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Christina Kuta

Urgent Action on Restrictive Covenants: Employers Must Prepare for FTC Rules

In this episode of #HealthLawHotSpot, host Ericka Adler is joined by Roetzel attorney Christina Kuta to tackle a pressing issue that could affect employers nationwide: the imminent FTC restrictive covenant rule. With the…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Lee Levin

Two New Laws Every Illinois Employer Needs to Know

The law requiring that employers whose employees are scheduled to work at least 7-1/2 hours in a particular day must be provided with an unpaid meal break of at least 20 minutes no later than 5 hours into the workday has been…more

Employer Liability Issues, Illinois, New Legislation, Paid Time Off (PTO), Rest and Meal Break

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Zachary Liebetreu

Criminal Penalties in Florida for Failing to Provide Affidavit about Foreign Entities at Closing

Effective July 1, 2023, new Florida legislation (FL SB264) prohibits the purchase of Florida agricultural lands and land within 10 miles of military bases or critical infrastructure by foreign principals from China, Cuba, Iran,…more

Agricultural Land, Critical Infrastructure Sectors, Failure to Comply, Florida, Foreign Adversaries

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Lisa Lipman

Estate Planning Techniques To Consider In Anticipation Of Potential Changes To Estate And Gift Tax Law

The upcoming election has caused many taxpayers to be concerned regarding potential changes to the estate and gift tax law. Currently, the federal gift and estate tax exemption is $11.58 million per person. This is the highest…more

Beneficiaries, Estate Planning, Estate Tax, Gift Tax, Grantor Retained Annuity Trusts (GRATs)

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Ashley Lupo

Significant Changes to Condominium Act: HB 1021 Signed – Effective July 1, 2024

Friday June 14, Governor DeSantis signed HB 1021, which places significant new burdens on condominium managers and directors. This bill is effective July 1, 2024, although some new requirements have later effective dates. …more

Board Meetings, Certification Requirements, Community Associations, Condominium Associations, Continuing Education

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Donald Mason

Ohio General Assembly Passes Emergency Legislation In Response To COVID-19

The Ohio General Assembly has passed emergency legislation in response to the COVID pandemic. The following issues were addressed: Water Disconnect Orders- Child Day Care- Education-..…more

Coronavirus/COVID-19, Emergency Response

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Stephanie Olivera Mittica

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

Brian Moore

Possible Leniency For Commercial Tenants And Real Estate Borrowers In Ohio

Governor Mike DeWine issued Executive Order 2020-08D directed at two commercial real estate constituencies affected by the COVID-19 pandemic. First, for the benefit of small business commercial tenants facing financial…more

Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction, Landlords

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Jennifer Nichols

HB1203, HB59 & HB293 to Affect Florida HOAs

On May 31, 2024, Governor DeSantis signed the largest of three new bills that will have a significant impact on homeowners’ associations (HOAs). House Bill 1203, House Bill 59, and House Bill 293 introduce a range of new…more

Community Associations, Continuing Education, Documentation, Florida, Governor DeSantis

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Nancy Noall

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

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Gary Pasheilich

Regulation of PFAS Chemicals Fully Underway

April saw two major developments with the regulation of per- and polyfluoroalkyl substances, the so-called “forever chemicals” known as “PFAS.” On April 10, U.S. EPA issued drinking water standards for the PFAS chemicals PFOA…more

CERCLA, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Delaney Perl

New Illinois Law Requires Larger Employers to Give Transit Benefits to Employees

Toward the end of 2023, Illinois enacted the Transportation Benefits Program Act. This Act, which became effective January 1, 2024, requires employers with 50 or more employees to provide their employees with a pre-tax commuter…more

Employee Benefits, Illinois, State Labor Laws, Transit Benefits, Wage and Hour

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Christopher Reuscher

R.I.P. to Brick-and-Mortar Stores in India

It is a millennial world – and with that comes the ability to do almost anything online. This is not a surprise to most Americans, as many well-known American clothing retailers have fallen prey to the rise of e-commerce…more

Brick-and-Mortar Stores, E-Commerce, Internet Retailers

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Daniel Rohletter

Upcoming FDA Hearings May Have Huge Impact On Cannabis Industry

There could be big changes on the horizon regarding the regulation of CBD (cannabidiol), the non-psychoactive chemical compound which can be extracted from hemp and marijuana. It is gaining popularity in various health and…more

Cannabidiol (CBD) oil, Farm Bill, Food and Drug Administration (FDA), Marijuana, Marijuana Related Businesses

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Thomas Rosenberg

Handling COVID-19 Issues On Construction Project Sites In Ohio

Governor DeWine continues to permit work on construction projects in Ohio to proceed. In proceeding, contractors must take precautions to protect its workers and limit the possible exposure of persons to the coronavirus. In this…more

Construction Industry, Construction Project, Coronavirus/COVID-19, Infectious Diseases

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Aaron Ross

Significant Changes to Title IX Adopted by the U.S. Department of Education

On April 19, 2024, the United States Department of Education (the “Department”) released its long-awaited final rule amending Title IX regulations. School districts will need to prepare to implement the new regulations as they…more

Amended Legislation, Department of Education, Educational Institutions, Final Rules, Grievance Process

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George Sarkis

Ohio General Assembly Passes Emergency Legislation In Response To COVID-19

The Ohio General Assembly has passed emergency legislation in response to the COVID pandemic. The following issues were addressed: Water Disconnect Orders- Child Day Care- Education-..…more

Coronavirus/COVID-19, Emergency Response

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Mark Sarlson

U.S. Senate Passes SBA Economic Relief Bill

Early this morning, the United States Senate unanimously approved Senate Bill 3548 allowing the expansion of the SBA 7(a) loan program to provide economic relief to small businesses through the new Paycheck Protection…more

Business Interruption, Coronavirus/COVID-19, Economic Injury Disaster Loans, Relief Measures, SBA

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Phillip Sarnowski

“Permanent and Substantial Deformity”: What it Means and How it is Interpreted Regarding the Application of the Statutory Cap on Noneconomic Damages

Ohio law caps damages that can be awarded for pain and suffering (i.e., noneconomic damages) up to $350,000 in tort claims unless a plaintiff can establish that she: (1) sustained a permanent and substantial physical deformity;…more

Bodily Injury, Car Accident, Damages, Functionality, Non-Economic Damages

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Robert Schrimpf

Ohio CDL Manuals Do Not Alter The Standard Of Care For Truck Drivers

A recent opinion by an Ohio Federal Court rejects an argument frequently made by the plaintiffs’ bar in truck accident cases –that commercial truck drivers should be held to a higher standard of care because they are…more

Commercial Driving Licenses, Commercial Truck Drivers, Duty of Care, Handbooks, Transportation Industry

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Michael Scotti III

Basics of a Healthcare Contract: When Do You Actually Have One and What Happens if It's Breached?

Many clients ask, what is a contract? Does it need to be a written contract, or can it be oral? How do you enforce a contract when there’s a breach? In this episode host Ericka Adler, Roetzel Health Law practice group leader,…more

Breach of Contract, Contract Disputes, Contract Terms, Oral Contracts

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Jenna Seychel

Recent Changes to the Ohio Rules Address Remote Attendance, Discovery Disputes, and Service of Process

The following highlights several of the changes to the Ohio Rules of Civil Procedure that went into effect on July 1, 2023. The changes impact, among other things, physical and remote appearance, the rules governing discovery,…more

Coronavirus/COVID-19, Discovery, Jurisdiction, Pro Se Litigants, Public Safety

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Douglas Spiker

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

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Hillard Sterling

Illinois Enacts Major Biometric Privacy Reform: What You Need to Know

Governor J.B. Pritzker has signed Senate Bill 2979 into law, significantly amending the Biometric Information Privacy Act (BIPA), yet retaining the availability of statutory damages that have been so problematic for current and…more

Biometric Information, Biometric Information Privacy Act, Consent, Fingerprints, Governor Pritzker

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Sherri Warner

Ohio General Assembly Concludes Spring Session with Key Education-Related Bills

The Ohio General Assembly has concluded its spring session, passing several education-related bills now on the way to Governor DeWine for his signature. Governor DeWine is not expected to veto any of the measures, so districts…more

Building Codes, Data Privacy, Deregulation, Educational Institutions, Gender Identity

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John Waters

Supreme Court to Rule on Estate Tax Valuation of Stock Purchased with Corporate-Owned Life Insurance Proceeds

If a shareholders agreement sets forth a fixed and determinable price that satisfies the requirements of Code Section 2703(b) and cases interpreting that term, then that price will be respected for federal estate tax valuation…more

Closely Held Businesses, Estate Tax, Life Insurance, Shareholders' Agreements, Stocks

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Timothy Webster

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

David Wigham

Court of Appeals Issues Significant Mineral Trespass Opinion Upholding Multi-Million-Dollar Future Damages Award

On January 18, 2023, in TERA, LLC v. Rice Drilling D, LLC, et al., --- N.E.3d ----, 2023-Ohio-273, the Seventh District Court of Appeals issued a key decision concerning mineral trespass law in Ohio. The court of appeals upheld…more

Appellate Courts, Bad Faith, Conversion, Land Owners, Mineral Leases

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David Woodburn

New Federal Law to Create Reporting Requirements for Most U.S. Entities

Many entities across the United States are about to have increased reporting requirements starting January 1, 2024. After a long anticipated-wait, FinCEN, the Financial Crimes Enforcement Network, issued a final rule on the…more

Beneficial Owner, Compliance, Corporate Transparency Act, Financial Crimes, FinCEN

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Michael Yashko

Will Cannabis Ever Be Legalized At The Federal Level?

Many states have legalized the use of cannabis for medical and/or recreational usage. However, cannabis is still listed as a Schedule I drug under the Controlled Substances Act and thus illegal at the federal level. Passage of…more

Cannabis Products, Controlled Substances Act, Criminal Penalties, Criminal Records, Decriminalization of Marijuana

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Danielle Young

U.S. Court of Appeals Throws Out and Simplifies Federal Tip Credit Rule

For a generation, one of the most contested FLSA issues was when employers could pay subminimum wages to tipped employees. During Republican administrations, the U.S. Department of Labor issued business-friendly tip-credit…more

Appellate Courts, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Wage, Restaurant Industry

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Jeremy Young

Ohio Court Defines When Property Owner in Eminent Domain Case Can Pursue Appeal

For the past several years, the hot topic in Ohio eminent domain law has been the ability of a property owner to challenge a taking based on whether it is necessary for a public purpose, or if the appropriating authority…more

Appellate Courts, Appropriation, Eminent Domain, Interlocutory Appeals, Leave to Amend

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Lauren Zidones

Ohio S.B. 61 Adds Protections for Solar Panels on Condominium and Planned Community Homes

Senate Bill 61, signed into law by Governor Mike DeWine in June, goes into effect on September 13, 2022. The bill allows homeowners and condominium owners who are subject to Homeowners Association (“HOA”) and Condominium Owners…more

Condominiums, Governor DeWine, Homeowners, Homeowners Association (HOA), Solar Panels

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Nicholas Ziepfel

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

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