William R. Hanna December 2016 Public Law Services Coming Changes to ORC Will Significantly Undermine Municipal Authority Over Small Cell Wireless Facilities in the ROW On December 7, 2016, the Ohio General Assembly passed Substitute Senate Bill 331 (SB 331), which significantly impacts a municipality's ability to regulate the placement, construction, modification, and maintenance of "small cell" wireless facilities in the public right of way. As originally introduced, SB 331 only sought to regulate dog sales by pet stores and retailers. But as the Generally Assembly went into its lame duck session, additional provisions – completely unrelated to the original subject – were inserted into the legislation, including amendments to Ohio Revised Code Chapter 4939 intended to provide expedited access to municipal right-of-way (ROW) for small cell wireless providers. Governor Kasich signed the bill on December 19, 2016, and it will take effect in 90 days. [More]
Susan M. Bungard December 2016 Public Law Services Ohio Supreme Court Finds That Release of Police Body-Camera Video within Reasonable Period of Time not a Violation of Ohio Public Records Law In State ex. rel. Cincinnati Enquirer, et al. v. Deters, Pros. Attorney, released on December 20, 2016, the Ohio Supreme Court was faced with several important issues raised by the use by police departments of body-camera video. The Court determined that, assuming such video constitutes a "public record," public bodies are entitled to a reasonable amount of time to review the video for needed redactions before the video must be released. This case is a reminder that public bodies must be prepared for the age of ubiquitous video, which is upon us. [More]
John N. Neal December 2016 Liquor Control Law, Real Estate Services Outdoor Refreshment Areas Offer Major Appeal to Local Developers, But Only Time Will Determine Their Long-Term Feasibility It was more than 18 months ago that the Ohio legislature approved the creation of designated outdoor refreshment areas throughout the state to help spur economic growth, but Cleveland is just now in the process of getting its first one in The Flats. Within these specially designated areas, the state's open container laws do not apply, allowing customers to walk freely with open containers of beer, wine and spirits within the designated borders without fear of that criminal violation. [More]
Marc J Bloch December 2016 Labor & Employment Law - Education, Labor & Employment Services, Labor & Employment Litigation, Labor Relations President-Elect Trump in Position to Impede Labor Movement So here it is…yet another article on how the unexpected Trump presidency will affect business. This time the focus is on organized labor. [More]
T. Ted Motheral December 2016 Corporate Transactions, Mergers, Acquisitions & Joint Ventures Leveraging Board Involvement in the M&A Process It happens over and over again. Companies get close to making an acquisition but then there are all sorts of costly delays and complications because the company’s board of directors is raising concerns or didn’t have the information it needed, when it needed it, to make an informed decision on the transaction. Too often company leadership and members of the board do not have good communications when it comes to effectively consummating a merger or an acquisition. [More]
Leslie G. Wolfe December 2016 Litigation, Environmental Regulation & Litigation EPA Includes Asbestos Among the First Ten Chemicals Identified for Review Under New TSCA Legislation On November 29, 2016, the United States Environmental Protection Agency (EPA) announced the first ten chemicals it will prioritize for risk evaluation under the recent legislative amendments to the federal Toxic Substances Control Act of 1976 (TSCA). Asbestos has been included in EPA's priority list. This portends that EPA may attempt to restrict or ban asbestos-containing products and/or their manufacture, importation, processing, or distribution in commerce through its authority under TSCA. Previous attempts by the agency to restrict or ban asbestos through rulemaking have been unsuccessful. [More]