Miriam M. Pearlmutter February 2017 Education, Student Issues Supreme Court Allows Parents to Avoid IDEIA Administrative Process for Section 504 Claims In last week's high-profile decision, the Supreme Court permitted parents to skip the due process complaint procedures if their claims relate primarily to Section 504 of the Rehabilitation Act of 1973 ("Section 504"), rather than the Individuals with Disabilities Education Improvement Act ("IDEIA"). The IDEIA requires school districts to provide qualifying students with a free appropriate public education ("FAPE") through specially-designed instruction and related services. Section 504, however, is a more general law prohibiting discrimination and obligating districts to provide equal access to public institutions to all persons with disabilities. In the past, courts have often required dissatisfied parents to exhaust the special education due process procedures, even if their claims related primarily to Section 504, and did not involve FAPE under the IDEIA. In Fry v. Napoleon, however, the Supreme Court rejected this approach and provided new parameters for claims appearing to relate to both laws. [More]
Lisa H. Woloszynek February 2017 Education, Student Issues Trump Administration Withdraws Transgender Guidance The Trump Administration made a significant move Wednesday night in the national debate regarding transgender students' rights by withdrawing previously issued guidance from the United States Department of Education ("DOE") and Department of Justice ("DOJ") on the topic. The prior guidance from the DOE and DOJ, which was issued by the Obama administration in May 2016 ("May guidance"), interpreted Title IX as requiring treatment of students in a manner consistent with their gender identity. The May guidance provided examples of policies and practices to support transgender students, such as utilizing the name the student has selected, requiring access to restrooms, locker rooms, and overnight accommodations for school trips in accordance with the gender with which the student identifies. [More]
Jacob B. Derenthal January 2017 Closely Held Businesses Services Company Succession Planning 101: Address basic questions before selling closely held business In an article published on January 14, 2017 in a special section of Crain’s Cleveland Business, Jake Derenthal advised business owners on the preparation of succession plans, in order to ensure the long-term future of their companies. [More]
George J. Asimou January 2017 Labor & Employment Services EMPLOYERS MUST USE NEW FORM I-9 STARTING JANUARY 22, 2017 The Department of Homeland Security's U.S. Citizenship and Immigration Services introduced a new version of the Form I-9, Employment Eligibility Verification. The new form can be accessed HERE. [More]
Craig A. Marvinney January 2017 Litigation, Commercial Litigation, Internet Defamation Common Sense Communication Cuts Cyber Risk It’s early in the year. Famco’s employees are looking to get their taxes done. Anticipated refunds will ease the pain from holiday excess. The small manufacturer’s CFO sighs in relief that the rush to complete the corporate W-2s is done. [More]
D. Peter Hochberg January 2017 Intellectual Property, Business Related IP Services, IP Litigation, Patent - U.S. and Worldwide, Trade Secrets, Trademarks, Domain Names & Copyrights Protecting Trademarks in the U.S. and Abroad - Registration is easy and inexpensive; provides numerous benefits If your business has a trademark but hasn't registered it, one of your most valuable assets could be at risk. A key challenge is that many businesses that use trademarks are not even aware that they can and should be registered. [More]