Reminger Co., LPA

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101 West Prospect Avenue
Suite 1400
Cleveland, Ohio 44115-1093, United States
Phone: 216.687.1311
Fax: 216.687.1841
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Indiana
  • Kentucky
  • Ohio
Number of Attorneys
100+ Attorneys

Exploring Legal Malpractice Exposure Faced by Law Firms and Lawyers from Use of Technology

The relationship between technology and the practice of law is a paradox at best. Computers, tablets, cell phones, and other forms of technology provide an enormous benefit by permitting the creation, storage, transmission and…more

Cybersecurity, Data Protection, Hackers, Professional Liability, Risk Management

See all updates »

Specific Laws with Express Provisions Prohibiting Retaliation are Required in Ohio Wrongful Discharge Claims in Violation of Public Policy

Wrongful discharge claims are on the rise in Ohio. However, as employers are taking measures to prevent harassment and discrimination in the workplace, the number of traditional Title VII discrimination claims are decreasing…more

Civil Rights Act, Employer Liability Issues, Employment Discrimination, Employment Litigation, Hiring & Firing

See all updates »

FLSA Tide Continues to Turn in Favor of Employers as SCOTUS Puts an End to the Narrow Construction of FLSA Exemptions

Over the last year and a half, employers have been the beneficiary of several favorable developments from the Department of Labor, National Labor Relations Board, and now the United States Supreme Court in Navarro v. Encino…more

Appeals, Automotive Industry, Car Dealerships, Congressional Intent, Exempt-Employees

See all updates »

Objective Foreseeability:  Indiana Continues to Broaden the Foreseeability Analysis in Premises Liability Cases

In its June 19, 2017 opinion in Daviess-Martin Cty. Joint Parks & Rec. Dep’t v. Estate of Abel, 2017 Ind. App. LEXIS 260, the Indiana Court of Appeals paved the way for Indiana trial courts to expand their analysis regarding…more

Failure To Warn, Foreseeability, Negligence, Premises Liability, Public Parks

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Kentucky’s Department of Workers’ Claims Enacts New Regulations Governing The Handling of Workers’ Compensation Claims

On October 7, 2016, the Kentucky Department of Workers’ Claims enacted significant changes to the regulations governing KRS Chapter 342, Kentucky’s Workers’ Compensation Act. Under Kentucky law, regulations promulgated by the…more

Filing Deadlines, Filing Requirements, Required Forms, Workers' Compensation Claim, Workplace Injury

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Ohio Supreme Court Rules That Construction Defects in the Work of Subcontractors Are Not Covered Under a CGL Policy

On October 9, 2018, in the case of Ohio N. Univ. v. Charles Constr. Servs. Inc., Slip Opinion No. 20018-Ohio-4057, the Ohio Supreme Court ruled that an insurer has no obligation to defend or indemnify a commercial general…more

Appeals, Commercial General Liability Policies, Construction Defects, Construction Industry, Denial of Insurance Coverage

See all updates »

Application of Caps on Non-Economic Damages in State and Federal Employment Claims

One question that frequently surfaces in any employment lawsuit that involves allegations implicating both state and federal law is whether and to what extent non-economic damages caps apply…more

Calculation of Damages, Civil Rights Act, Employer Liability Issues, Employment Litigation, Federal v State Law Application

See all updates »

Ohio’s Ethical Limitations on the Use of Attorney-Client Arbitration Clauses

It is essential for attorneys to understand the interplay between risk mitigation/resolution strategies and the rules of professional conduct. After all, when addressing a risk, attorneys must be careful not to run afoul of…more

Arbitration, Attorney Malpractice, Contract Terms, Engagement Letters, Ethical Standards

See all updates »

Ohio Supreme Court Clarifies What Is and What Is Not Appealable to the Court of Common Pleas in Workers’ Compensation Claims

Confusion on what is and what is not appealable to the Court of Common Pleas has existed for decades. Determining what is and is not appealable to the Court of Common Pleas in workers’ compensation claims became a little…more

Appeals, Employer Liability Issues, OH Supreme Court, Workers' Compensation Claim, Workplace Injury

See all updates »

Removing Unnecessary Discovery with Removal to Federal Court

Given the potentially outcome altering implications the applicable rules of procedure can have on a matter, a complete understanding of the differences between the various rules of procedure that could apply to a case is an…more

Disclosure, Discovery, Electronically Stored Information, Federal Rules of Civil Procedure, Federal v State Law Application

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Voluntary Abandonment in Ohio: How a Minor Violation is Causing a Major Problem for Employers

June 26, 2018 Since 1995 Ohio’s employers have had a defense to the payment of temporary total compensation where an injured worker was terminated for violation of a written work rule. …more

Abandonment, Employer Liability Issues, Hiring & Firing, Policies and Procedures, Termination

See all updates »

Ohio Probate Court Decision Demonstrates the Potential for Monetary Risk Associated with Role of Executor or Trustee

Happy days! You just learned that your favorite uncle appointed you trustee of his trust and nominated you as his executor of his will. The honor (he trusted you enough to install this mantle upon you), the power (you get to…more

Beneficiaries, Beneficiary Designations, Estate Planning, Fiduciary Duty, Probate

See all updates »

Arbitration of Trust Disputes

One advantage of using a trust for estate planning is privacy. The probate process is generally all a matter of public record for any inquiring mind. Trusts, though intended to be more private, can become public when disputes…more

Arbitration, Arbitration Agreements, Arbitration Awards, Beneficiaries, Breach of Trust

See all updates »

Challenges to the Constitutionality of Indiana’s Med Mal Caps Continue Despite a Recent Legislative Compromise

Indiana’s Medical Malpractice Act’s caps on damages have survived constitutional challenges since their inception in 1975. In 1980, the Indiana Supreme Court, in Johnson v. St. Vincent Hosp., Inc., 273 Ind. 374, 404 N.E.2d 585…more

Appeals, Compelling Governmental Interest, Constitutional Challenges, Damage Caps, Due Process

See all updates »

Retail Hospitality Newsletter - Late Fall 2016

Sudden cardiac arrest (“SCA”) is the largest cause of natural death in the United Statesand is responsible for approximately half of all heart disease deaths. SCA, however, is not a “heart attack” (i.e. an artery blockage) but…more

Certificate of Insurance, Commercial General Liability Policies, DOJ, Emergency Management Plans, Gender Identity

See all updates »

Indiana Upholds Defense Based on a Sudden Medical Emergency

The Indiana Court of Appeals recently handed down a decision upholding an award of summary judgment to the estate of a deceased driver who caused a motor vehicle accident following a sudden medical emergency. …more

Appeals, Auto Insurance, Bodily Injury, Car Accident, Duty of Care

See all updates »

Indiana Court of Appeals: Continuous Representation Doctrine Does Not Apply to Financial Professionals

In a pair of rulings issued within a month of each other, the Indiana Court of Appeals has held that the Continuous Representation Doctrine (the “CRD”) does not toll the statute of limitations for client claims against brokers…more

Annuities, Appeals, Financial Adviser, Financial Services Industry, Investment Management

See all updates »

Malpractice by Any Other Name Still Constitutes Malpractice

Ohio has a one-year statute of limitations within which claims for legal malpractice must be brought. However, creative attorneys in the plaintiff’s bar are constantly developing unique ways to resurrect otherwise time-barred…more

Attorney Malpractice, Attorney-Client Privilege, Fraud, Professional Liability, Statute of Limitations

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Denial of Surface Access is Sufficient to Trigger Broadly Worded Force Majeure Clause in Oil and Gas Lease

In a decision interpreting the force majeure clause of an oil and gas lease, the Seventh District Court of Appeals of Ohio in Haverhill Glen, LLC v. Eric Petroleum Corporation, Slip Opinion No. 2016-Ohio-8030, ruled that the…more

Contract Terms, Energy Sector, Force Majeure Clause, Mineral Leases, Oil & Gas

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Anything Goes: Indiana Supreme Court Holds Malpractice Claimants Not Limited to Theories Presented to Medical Review Panel

Indiana’s Medical Malpractice Act requires that before claimants may bring a malpractice action against qualified healthcare providers in court, their claims must be reviewed by a medical review panel (“panel”). The panel…more

Health Care Providers, IN Supreme Court, Medical Malpractice, Pleading Standards

See all updates »

The Defendant-Friendly Confines of Federal Court in Indiana Premises Liability Cases

Being in federal court, rather than Indiana state court, can be advantageous for a defendant seeking summary judgment, especially in a premises liability case…more

Actual or Constructive Knowledge, Bodily Injury, Negligence, Premises Liability, Retailers

See all updates »

An Important Reminder About Concentration Limits: How Much is Too Much?

If you work with clients in the State of Ohio, it is important to be mindful of concentration limits placed on the recommendations of direct placement programs (DPPs), such as non-traded real estate investment trusts (“REITs”)…more

Banking Sector, DPPs, Financial Services Industry, Regulatory Standards, REIT

See all updates »

A New Hurdle for Medical Malpractice Claimants: Legislation Establishing Medical Review Panels Takes Effect in Kentucky

In a step toward tort reform, on June 29, 2017, Senate Bill 4 was signed into law and went into effect in Kentucky as KRS 216C.005 et seq., establishing a requirement that all potential medical malpractice lawsuits first be…more

Health Care Providers, Hospitals, Medical Malpractice, New Legislation, Physicians

See all updates »

Avoiding Sexual Harassment Claims in the New World of the #MeToo Movement

Employment Practices Liability Winter Newsletter 2019 - In October 2017, the hashtag #MeToo was virally born following the publicized sexual abuse allegations against Harvey Weinstein. #MeToo is a widespread social media…more

#MeToo, Corporate Culture, Employer Liability Issues, Hostile Environment, Risk Management

See all updates »

Retail Hospitality Newsletter - Late Fall 2016

Sudden cardiac arrest (“SCA”) is the largest cause of natural death in the United Statesand is responsible for approximately half of all heart disease deaths. SCA, however, is not a “heart attack” (i.e. an artery blockage) but…more

Certificate of Insurance, Commercial General Liability Policies, DOJ, Emergency Management Plans, Gender Identity

See all updates »

Supreme Court of Kentucky Renders a Game-Changing Decision Potentially Costing Employers and Insurance Companies Millions

On April 27, 2017, the Supreme Court of Kentucky declared unconstitutional the provision of Kentucky’s Workers’ Compensation Act that terminates income benefits on the date the employee qualifies for normal old-age retirement…more

Equal Protection, Insurance Industry, KY Supreme Court, Permanent Disability, Popular

See all updates »

Court of Appeals Holds a Wrongful Death Claim Arising from Medical Care is Subject to Statute of Repose for Medical Claims

Under Ohio law, “medical claims” are subject to a four-year statute of repose. Generally, a “medical claim” is defined as any claim asserted against specific statutorily enumerated medical providers, such as hospitals,…more

Health Care Providers, Medical Malpractice, Negligence, Statute of Repose, Statutory Interpretation

See all updates »

When Does an Age Discrimination Claim Begin to Age? Eighth District Clarifies Statute of Limitations Analysis for Ohio Age Discrimination Claims

Ohio’s Eighth District Court of Appeals (Cuyahoga County) recently upheld a defendant-employer’s grant of summary judgment, finding that an employee’s use of union grievance procedures did not toll the 180-day statute of…more

ADEA, Age Discrimination, Appeals, Collective Bargaining Agreements (CBA), Employment Litigation

See all updates »

Specific Laws with Express Provisions Prohibiting Retaliation are Required in Ohio Wrongful Discharge Claims in Violation of Public Policy

Wrongful discharge claims are on the rise in Ohio. However, as employers are taking measures to prevent harassment and discrimination in the workplace, the number of traditional Title VII discrimination claims are decreasing…more

Civil Rights Act, Employer Liability Issues, Employment Discrimination, Employment Litigation, Hiring & Firing

See all updates »

Social Media – The Unruly Teenager Whose Growing Pains Continue to Challenge Employment Lawyers and HR Professionals

Facebook is 15 years old this year. Like many teenagers, Facebook and the plethora of other social media outlets (Instagram, Twitter, etc.) continue to be volatile, and represent constant challenges for the people in charge,…more

Adverse Employment Action, Blogging Platforms, Defamation, Employment Discrimination, Employment Policies

See all updates »

Sixth Circuit Joins Other Circuits in Expanding Definition of Sex Discrimination Under Title VII

Several federal circuit courts, including the Second, Fourth, Sixth and Seventh Circuits, have recently expanded the meaning of protection from discrimination based on one’s sex, under Title VII of the Civil Rights Act of 1964,…more

Civil Rights Act, EEOC, Employer Liability Issues, Employment Litigation, Gender Discrimination

See all updates »

Rebuttable Presumption in Ohio Workers' Compensation Claims

Did you know a workers’ compensation claim may be denied if the injured worker was intoxicated or under the influence of controlled substances at the time of the accident? Did you know that if you take certain steps now, you…more

Controlled Substances, Denial of Benefits, Drug Testing, Employer Liability Issues, Employment Policies

See all updates »

Five Common Overtime Mistakes Employers Need to Avoid

Employers of all sizes must remain cognizant of the wage requirements of the Fair Labor Standards Act (“FLSA”).  Even small missteps can wreak havoc on a business, and because wage violations are often not insurable,there is no…more

Employer Liability Issues, Exempt-Employees, Independent Contractors, Misclassification, Off-The-Clock

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Finally, Confirmation that Finality and Protections are Available to Trustees Under the Ohio Trust Code  

Years after the initial enactment of the Ohio Trust Code and articles published in this journal the Tenth District Ohio Court of Appeals in Zook, et al. v. JP Morgan Chase Bank National Association, et al., 10th Dist. No…more

JPMorgan Chase, Probate, Trustees

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The Ohio Supreme Court Confirms That the Ohio Savings Statute Does Not Apply to Actions Previously Commenced in Another State Court or in a Federal Court Located in Another State

Pamela Portee, et al. v. The Cleveland Clinic Foundation, et al. 2018-Ohio-3263 - Reminger attorneys recently convinced the Ohio Supreme Court that the Ohio Saving Statute does not apply to refiled actions originally filed…more

Dismissals, Insurance Industry, Insurance Litigation, Negligence, OH Supreme Court

See all updates »

Acceleration and Release on Final Trustee Account

“Keep in mind – beneficiaries are like cats and they will bite you for no good reason.” Serving as the trustee of a trust can be challenging because a trustee’s administrative responsibilities are, at times, layered with…more

Administrative Authority, Beneficiaries, Trust Accounting, Trust Administration, Trustees

See all updates »

Indiana Court of Appeals: Continuous Representation Doctrine Does Not Apply to Financial Professionals

In a pair of rulings issued within a month of each other, the Indiana Court of Appeals has held that the Continuous Representation Doctrine (the “CRD”) does not toll the statute of limitations for client claims against brokers…more

Annuities, Appeals, Financial Adviser, Financial Services Industry, Investment Management

See all updates »

Drastic Changes to VA Pension Benefits Going into Effect

On September 18, 2018, the U.S. Department of Veterans Affairs (VA) issued Final Rule Number 8320-01, RIN 2900-AO73, which goes into effect on October 18, 2018…more

Department of Veterans Affairs, Final Rules, Pensions, Veterans

See all updates »

Recent Trends in Employment Arbitration: What Employers Need to Know Going Into 2019

Employment Practices Liability Winter Newsletter 2019 - One of the numerous ways that employers have sought to minimize their risk of exposure on potential claims from current and former employees is by requiring all employees…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Employer Liability Issues

See all updates »

Ohio Supreme Court Interprets State’s Apology Statute to Protect Statement of Fault

The Ohio Supreme Court recently affirmed that a health care provider’s statements of fault or statements admitting liability made during the course of apologizing to a patient or a patient’s family are prohibited from admission…more

Health Care Providers, Medical Malpractice, OH Supreme Court, Patients, Wrongful Death

See all updates »

Ohio Supreme Court Recognizes “Impossibility” as an Affirmative Defense to VSSR Claims

Employees injured at work may be entitled to workers’ compensation benefits as well as an additional award if the underlying incident was the result of a Violation of a Specific Safety Requirement (“VSSR”)…more

Affirmative Defenses, Employer Liability Issues, Health & Safety Standard, OH Supreme Court, Workers' Compensation Claim

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New Rules Seek to Protect Seniors from Exploitation

In recent years, there has been an increased focus on how the “aging population” will impact the financial services industry. The first wave of Baby Boomers began reaching the age of 65 in 2011, and the U.S. population continues…more

Elder Abuse, Elder Issues, Exploitation, Financial Services Industry, FINRA

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FINRA's Newest One-Two Punch

On February 3, 2017, the SEC approved: (1) new FINRA Rule 2165 (Financial Exploitation of Specified Adults[1]) permitting members to place temporary holds on certain customer accounts where there is a reasonable belief of…more

Elder Issues, Exploitation, Financial Institutions, Financial Services Industry, FINRA

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Employment Newsletter - Fall 2016

Over the last five years, members of the LGBTQ community have had much to celebrate as traditional barriers to equality have been knocked down one-by- one by the federal government. In 2010, the Patient Protection and Affordable…more

Civil Rights Act, Decriminalization of Marijuana, Discrimination, DOL, EEOC

See all updates »

Kentucky Supreme Court Holds that the Kentucky Medical Review Panel Act is Unconstitutional

On November 15, 2018, the Kentucky Supreme Court held that Kentucky’s Medical Review Panel Act (MRP) was unconstitutional…more

Appeals, Bodily Injury, Constitutional Challenges, KY Supreme Court, Medical Malpractice

See all updates »

Ohio Supreme Court Finds That An Action At Law On A Promissory Note To Collect A Mortgage Debt Is Separate And Distinct From An Action In Equity To Enforce A Mortgage Lien On Property

The Supreme Court of Ohio recently clarified in a decision issued in Deutsche Bank Nat’l Trust Co. vs. Holden 2016-Ohio-4603; 2016 Ohio LEXIS 1803, that equitable rights and remedies which a party holds in and to a mortgage lien…more

Appeals, Banking Sector, Consumer Bankruptcy, Deutsche Bank, Dischargeable Debts

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Avoiding the (Albeit Rare) Claim of Male Sex Discrimination in the Workplace

Although the vast majority of workplace sex discrimination claims in America are still filed by women (83% in 2017), in recent years an increasing number of claims have been brought by male employees as well…more

Civil Rights Act, EEOC, Employer Liability Issues, Hiring & Firing, Policies and Procedures

See all updates »

Ohio Supreme Court Decision on Workers' Compensation Subrogation is Favorable for Self-Insured Employers but Creates Potential Problems for Insurance Carriers

Under Ohio Revised Code section 4123.931 a statutory right of subrogation exists for Ohio’s self-insured employers and the Ohio BWC for employers in the State Fund…more

Appeals, Insurance Industry, Insurance Litigation, OH Supreme Court, Reversal

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The Ohio Supreme Court Misses an Opportunity to Resolve Uncertainty Surrounding the Statute of Limitations for Actions Against Insurance Agents

In Ohio, a claim for negligent procurement of coverage against an insurance agent is subject to a four-year statute of limitations. But there has been uncertainty surrounding when the four-year time limit is triggered…more

Fraudulent Procurement, Insurance Industry, Insurance Litigation, OH Supreme Court, Statute of Limitations

See all updates »

Ohio Supreme Court Narrows Voluntary Abandonment Defense

Ohio’s workers’ compensation system is a no-fault system arising from a mutual compromise between employers and injured workers. The system protects employers from personal injury lawsuits from injured workers and provides a…more

Abandonment, Employment Litigation, Employment Policies, Marijuana, Workers' Compensation Claim

See all updates »

Indiana Owner of Hard-Headed Ram Must Face Premises Liability Claim

In Indiana, a possessor of land owes her invitee a duty to exercise reasonable care for the invitee’s protection while on the landowner’s premises…more

Bodily Injury, Farm Animals, Homeowners, Insurance Claims, Insurance Litigation

See all updates »

Supreme Court of Kentucky Renders a Game-Changing Decision Potentially Costing Employers and Insurance Companies Millions

On April 27, 2017, the Supreme Court of Kentucky declared unconstitutional the provision of Kentucky’s Workers’ Compensation Act that terminates income benefits on the date the employee qualifies for normal old-age retirement…more

Equal Protection, Insurance Industry, KY Supreme Court, Permanent Disability, Popular

See all updates »

Patient Records Requests: What You Need to Know

Our guest on Healthcare Matters is Richard J. Rymond, an attorney at Reminger Co., LPA, who specializes in in medical, dental and other forms of professional, commercial and general liability. He is the Dental Liability Practice…more

Electronic Medical Records, Health Care Providers, HIPAA, Medical Records, Patient Rights

See all updates »

Ohio Bureau of Workers’ Compensation New Guidelines For Approval of Lumbar Fusion Surgery

Effective January 1, 2018, the Ohio Bureau of Workers’ Compensation implemented new guidelines for the approval of lumbar fusion surgeries. These guidelines focus, not only on the request itself for the lumbar fusion surgery,…more

New Guidance, Workers Compensation Awards, Workers' Compensation Claim, Workplace Injury

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The Indiana Supreme Court Finds a Non-Delegable Duty of Worksite Safety Created in Form Design-Build Contracts Between the Owner and General Contractor

In Indiana, courts have historically found it is acceptable practice for a general contractor to delegate the duty of ensuring the safety of a subcontractor’s employees to the subcontractor, so long as it is clearly set forth in…more

Breach of Duty, Construction Contracts, Construction Industry, Design-Build, Duty of Care

See all updates »

U.S. Supreme Court Rules That Trucking Companies Cannot Use Arbitration Clauses to Avoid Lawsuits from Independent Contractor Drivers

On January 15, 2019, in the case of New Prime Inc., v. Dominic Oliveira., Slip Opinion No. 17-340, the U.S. Supreme Court unanimously ruled that trucking companies are not able to rely on arbitration clauses in agreements with…more

Appeals, Arbitration, Arbitration Agreements, Commercial Truck Drivers, Employment Contract

See all updates »

Roadside Foliage Obstructing a Stop Sign – Is A City Liable?  A Case of First Impression

The Ohio Supreme Court recently held that a city is not liable for foliage that obstructs a motorist’s view of a stop sign. Pelletier v. City of Campbell, 2018-Ohio-2121. The court determined that foliage that was only blocking…more

Liability, Municipalities, Negligence, OH Supreme Court, Public Entities

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People Considering a Will Contest Must Move Quickly

The loss of a loved one is a devastating event, and can be a chaotic and confusing time for those left mourning. The making of phone calls to family and friends, the preparation of funeral arrangements, and the handling of other…more

Beneficiaries, Beneficiary Designations, Decedent Protection, Inheritance, Will Contest

See all updates »

Current Developments in the SEC's 12b-1 Initiative

Financial Services Professional Liability E-Blast February 6, 2019 The SEC’s focus on mutual fund share classes charging 12b-1 fees is nothing new. …more

12b-1 plan, Conflicts of Interest, Disclosure Requirements, Financial Services Industry, Mutual Funds

See all updates »

Sixth Circuit Holds That Discrimination Based on Transgender Status is Considered Sex Discrimination Under Title VII

The Sixth Circuit recently joined a growing number of federal courts to expand the definition of what constitutes sexual discrimination under Title VII. It found that discrimination based on an individual’s transgender status is…more

Civil Rights Act, EEOC, Employer Liability Issues, Employment Litigation, Gender Discrimination

See all updates »

The Ups and Downs in Ladder Litigation: Inherently Dangerous Activity, Open and Obvious, and the Active Participation Doctrine

On September 26, 2018, Ohio’s First District Court of Appeals joined the Fourth, Fifth, and Eighth Appellate Districts, holding that climbing and descending a ladder is an inherently dangerous activity in Patterson, et al. v…more

Employer Liability Issues, Inherently Dangerous Activities, Negligence, Workplace Injury

See all updates »

When Does an Age Discrimination Claim Begin to Age? Eighth District Clarifies Statute of Limitations Analysis for Ohio Age Discrimination Claims

Ohio’s Eighth District Court of Appeals (Cuyahoga County) recently upheld a defendant-employer’s grant of summary judgment, finding that an employee’s use of union grievance procedures did not toll the 180-day statute of…more

ADEA, Age Discrimination, Appeals, Collective Bargaining Agreements (CBA), Employment Litigation

See all updates »

Ohio’s Ethical Limitations on the Use of Attorney-Client Arbitration Clauses

It is essential for attorneys to understand the interplay between risk mitigation/resolution strategies and the rules of professional conduct. After all, when addressing a risk, attorneys must be careful not to run afoul of…more

Arbitration, Attorney Malpractice, Contract Terms, Engagement Letters, Ethical Standards

See all updates »

Application of Caps on Non-Economic Damages in State and Federal Employment Claims

One question that frequently surfaces in any employment lawsuit that involves allegations implicating both state and federal law is whether and to what extent non-economic damages caps apply…more

Calculation of Damages, Civil Rights Act, Employer Liability Issues, Employment Litigation, Federal v State Law Application

See all updates »

Sixth Circuit Adopts “Insured Friendly” Interpretation of Professional Liability Policy

Policyholders who are insured under claims made professional liability insurance policies often struggle with the issue as to when they are required to report knowledge of a potential claim to their insurance company…more

Attorney Malpractice, Denial of Insurance Coverage, Duty to Report, Insurance Claims, Insurance Industry

See all updates »

Arbitration of Trust Disputes

One advantage of using a trust for estate planning is privacy. The probate process is generally all a matter of public record for any inquiring mind. Trusts, though intended to be more private, can become public when disputes…more

Arbitration, Arbitration Agreements, Arbitration Awards, Beneficiaries, Breach of Trust

See all updates »

Can You Tell the Difference Between Mere Employee Griping and Legally-Protected Activity? A Recent NLRB Ruling Provides Some Guidance

At some point, even the most conscientious employer will receive employee complaints. Often, these can present an opportunity to identify a problem or address a concern before it spreads…more

Consumer Complaint Management, Employer Liability Issues, Employment Litigation, NLRA, NLRB

See all updates »

In Ohio, Electronic Classrooms Must Demonstrate Actual Student Participation To Receive Funding

In a closely watched and hotly debated e-school funding case, the Ohio Supreme Court has ruled that the Ohio Department of Education can measure student attendance at virtual- or e-schools using actual student participation data…more

Educational Institutions, OH Supreme Court, Online Education, State Funding, Student Enrollment

See all updates »

Sit Rover!A Landlord Can Be Liable For A Dog Bite In Common Areas

Landlords, as a general rule, are not liable for attacks made by animals owned or harbored by their tenants. The owner, on the other hand, can be held strictly liable under R.C. 955.28, which imposes strict liability on the…more

Appeals, Commercial General Liability Policies, Dog Attacks, Insurance Industry, Insurance Litigation

See all updates »

The Ohio Supreme Court Deals a Heavy Blow to the Use of the Delayed-Damage Rule Against Insurance Agents in Professional Liability Actions

Statutes of limitation govern the length of time a plaintiff has to file a claim against a defendant. Under Ohio law, the date a statute of limitations accrues, or the date the clock starts to run, is generally the date of the…more

Insurance Agents, Insurance Industry, Insurance Litigation, Negligence, Negligent Misrepresentation

See all updates »

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  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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