Entries by Walter Haverfield

IRS ISSUES GUIDANCE REGARDING MEANING OF “INVOLUNTARY TERMINATION” FOR PURPOSES OF THE COBRA PREMIUM REDUCTION

The IRS has recently issued guidance regarding what constitutes an “involuntary termination” under the American Recovery and Reinvestment Act (ARRA). To quickly recap, the ARRA provides for a 65 percent reduction in the premium otherwise payable by certain involuntarily terminated individuals (involuntarily terminated from September 1, 2008, through December 31, 2009) and their families who […]

Review Contracts and Agreements with Out-of-State Companies to Keep Your ‘Home Team’ Advantage in Litigation

Byandnbsp;Mark S. Fuscoandnbsp;andandnbsp;Sara R. Cooper Unfortunately, all other options have failed and your company is forced to file suit against an out-of-state vendor or customer. For a variety of reasons – not the least of which is cost – you would like to keep this lawsuit in state court rather than federal court. In fact, […]

New Federal Regulations Place Restrictions on Gift Certificates, Store Gift cards, and Pre-paid Cards

The federal Credit Card Accountability, Responsibility and Disclosure Act of 2009 (“CARD Act”) imposes new regulations on gift certificates, store gift cards and general use pre-paid cards (“gift cards”) with respect to expiration dates, fees, and disclosures both on the gift card and prior to purchase. The CARD Act’s provisions, along with the related administrative […]

New Law Limits Local Government Control Over Telecom Facilities

Byandnbsp;R. Todd Hunt,andnbsp;William R. Hannaandnbsp;and Matthew J. Federico, Legal Extern,andnbsp;Thomas M. Cooley Law School Last week, President Obama signed House Bill 3630 into law. This law extends payroll tax deductions and unemployment benefits, but there is also a provision that essentially mandates local government approval of applications for modifications of “an existing wireless tower or […]

Impending NLRB Decision Expected to Pave the Way for Increased Union Activity on the Virtual Highway

By Marc J. Blochandnbsp;and Elise C. Keating The current National Labor Relations Board (NLRB) has been waiting for an appropriate case through which it can reverse the Bush-era decision inandnbsp;Register-Guard,andnbsp;which restricted the use of employer email systems for union activities. It appears that the NLRB may have found such a case inandnbsp;Roundy’s Inc. Therefore, sometime […]

U.S. Department of Education Office for Civil Rights Reiterates Obligations Regarding Participation in Extracurricular Activities for Students with Disabilities

In response to a report from the Government Accountability Office (GAO) finding students with disabilities are not receiving an equal opportunity to participate in extracurricular athletics, the Office for Civil Rights (OCR) issued a “Dear Colleague” letter on January 25, 2013. The letter does not create new obligations, but reiterates and clarifies the responsibilities of […]

2014 Edition of Cleveland’s Best Lawyers®

We are pleased and honored that eleven of our attorneys have been selected for inclusion in the 2014 edition ofandnbsp;The Best Lawyers in America. In existence for more than 30 years,andnbsp;Best Lawyersandnbsp;based its listing upon the results of an exhaustive, rigorous peer review survey comprising more than three million confidential evaluations of attorneys by their […]

U.S. Department of Education Requires Ohio to Make ABA Therapy Available as an Early Intervention Service Under IDEA Part C

U.S. Department of Education Letter Requiring ABA to be Made Available On September 5, 2013, the Office of Special Education Programs (OSEP) advised the director of the Ohio Department of Health (ODH) that the state must make Applied Behavioral Analysis (ABA) available as an early intervention service to any child considered a good candidate for […]

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Compliance Deadline Alert: FCC Changes in Express Consent Standards to Take Effect on October 16, 2013

Byandnbsp;Mark S. Fuscoandnbsp;andandnbsp;Sara Ravas Cooper Effective October 16, 2013, two key provisions of the Federal Communications Commission’s (“FCC”) Telephone Consumer Protection Act (“TCPA”) are set to take effect. First, one prior exception from liability under the TCPA for phone calls or text messages using an automatic telephone dialing system (“robocalls”) or a prerecorded message was […]

Education Law Group Honored by U.S. News – Best Lawyers

Walter | Haverfield LLP is pleased to announce that it has been named a Tier 1 firm in Cleveland forandnbsp;Education Lawandnbsp;byandnbsp;U.S. News – Best Lawyersandnbsp;in its 2014 “Best Law Firms” rankings. According toandnbsp;U.S. News – Best Lawyers, firms “…are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a ranking signals […]

When are employers liable for employee behavior?

In a “Legal Guest Blog” forandnbsp;Crain’s Cleveland Business,andnbsp;Leslie G. Wolfeandnbsp;discussed the doctrine of “vicarious liability,” as it applies to an employer’s potential liability for an employee’s risky conduct. In her article, titled “When are employers liable for employee behavior?,” Leslie advised employers to protect themselves by establishing written policies which clearly identify the boundaries of […]

A New Approach to Managing E-Discovery

In an article published in theandnbsp;Cleveland Metropolitan Bar Journal, titled “A New Approach to Managing E-Discovery,”andnbsp;Sara Ravas Cooperandnbsp;recommended that parties to a lawsuit consider the use of a mediator to handle potential disputes which may arise over ESI or e-discovery issues.

The Life Cycle of a Property

In an article published in the November 2013 issue ofandnbsp;Propertiesandnbsp;magazine, titled “The Life Cycle of a Property,”andnbsp;Geoffrey S. Gossandnbsp;advised owners of commercial real estate properties to rely on third-party professional help throughout the “life cycles” of their properties.

End-of-life care requires national dialogue

In an article published online on December 16, 2013 inandnbsp;Managed Healthcare Executiveandnbsp;and titled, “End-of-life care requires national dialogue,”andnbsp;John E. Schillerandnbsp;called for stakeholders throughout the nation to engage in comprehensive discussions concerning “end-of-life care” issues.

Making the most of exclusive-use provisions in leases for landlords and tenants

In aandnbsp;Crain’sandnbsp;”Real Estate Guest Blog,” published on December 16, 2013 and titled, “Making the most of exclusive-use provisions in leases for landlords and tenants,”Megan C. Zaidanandnbsp;explained the purpose of “exclusive-use” provisions in commercial leases and described how, when drafted properly, they can benefit both landlords and tenants.

Company Party, Company Rules

An article byandnbsp;Patti Weisbergandnbsp;was recently featured in “Room for Debate,”andnbsp;on online opinion forum published byandnbsp;The New York Times.andnbsp;In this piece, titled “Company Party, Company Rules“,andnbsp;Patti offered tips for employers to ensure that their holiday office parties are safe, fun and free from liability.

2014 Ohio Super Lawyers

Walter | Haverfield is pleased to announce that ten of its attorneys were selected to theandnbsp;2014 Ohio Super Lawyersandnbsp;list. Those listed, and their areas of practice, are as follows: Ralph E. Cascarillaandnbsp;– Business Litigation Darrell A. Clayandnbsp;– Business Litigation Carl J. Dyczekandnbsp;– Banking Bonnie S. Finleyandnbsp;– Business Litigation Jonathan D. Greenbergandnbsp;– Business Litigation Kevin Patrick […]

Long-awaited IRS guidance provides clarity for historic tax credit development partnerships

On January 13, 2014, Geoffrey S. Goss maintained that recent historic tax credit guidance issued by the IRS should result in an increase in successful tax credit-backed projects in the future in his article, “Long-awaited IRS guidance provides clarity for historic tax credit development partnerships,” in Crain’s Cleveland Business’s “Real Estate Guest Blog.”

Office for Exceptional Children Makes Prior Written Notice Mandatory for All IEPs

On December 21, 2013, the Office for Exceptional Children (OEC) issued Memorandum 2013-1 which outlines changes to Ohio Administrative Code Section 3301-51-05(H)(4)(c). Pursuant to this Memorandum, and changes to theandnbsp;Operating Standards for Ohio Educational Agencies Serving Students with Disabilities, an IEP no longer serves as prior written notice – even if parents sign the document […]

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IRS Issues Anticipated Safe Harbor Guidance on Historic Tax Credit-Related Transactions

Byandnbsp;Gary A. Zwickandnbsp;and Lacie L. O’Daire. On December 30, 2013, the Internal Revenue Service issued its long-anticipated “Safe Harbor” guidance for transactions in which federal Historic Tax Credits are employed to raise capital for real estate redevelopment projects. The guidance was issued in the form of Revenue Procedure 2014-12. To access the full text of […]

Careers in the Law Profession (Attorneys and Paralegals)

On February 6, 2014,andnbsp;Craig A. Marvinney,andnbsp;Leslie G. Wolfeandnbsp;and Lesya K. Melnyk participated in a video program, “Careers in the Law Profession (Attorneys and Paralegals),” which was produced by WVIZ/ideastream, a Cleveland non-profit public broadcasting organization. This program was broadcast live to several Ohio high schools, in an effort to provide students with insight and information […]

2014 Edition of Chambers USA

We are pleased to announce that three of our attorneys have been selected for inclusion in the 2014 edition ofandnbsp;Chambers USA: America’s Leading Lawyers for Business. Designated as “Leaders in their Field” by the London-based publisher, Chambers and Partners, they were recognized for their accomplishments in the following areas of practice: Ralph E. Cascarillaandnbsp;– Litigation: […]

No wonder labor unions are concerned

In a Crain’s “Legal Guest Blog,” published on April 10, 2014 and titled, “No wonder labor unions are concerned,” Fredrick W. Englehart analyzed the recent union representation election at a Volkswagen plant in Chattanooga, Tennessee and its potential effect upon employer-employee relations in private companies.

Ten tips for effective counsel

In an article published on the Ohio State Bar Association’s website, John E. Schiller shared his experiences and advice with other attorneys, in order to help them provide their clients with the best possible service. This article, titled “Ten tips for effective counsel,” was posted under the “News and Publications” section of the OSBA’s website.

Spring is Here – We’re In The Home Stretch

On April 7, 2014, Walter | Haverfield LLP, in partnership with the Educational Service Center of Cuyahoga County, presented the third session of its three-part series of complimentary legal updates. In Session Three of this Special Education/Pupil Services Professional Development Series, titled “Spring Is Here – We’re In The Home Stretch,” attorneysandnbsp;Christine T. Cossler,andnbsp;Christina Henagen […]

H.B. 289 Seeks to Prohibit the Creation, Renewal, or Amendment of Joint Economic Development Zone Contracts

Sub. House Bill (H.B.) 289, passed by the Ohio House and now pending before the Senate, if enacted, will significantly change the statutory provisions for Joint Economic Development Zones (JEDZ or Zone) and would ultimately prohibit, as of January 1, 2015, the creation of new JEDZs, the renewal of existing JEDZs, and the substantial amendment […]

CERCLA makes polluters clean up their own messes

In an article written for the Ohio State Bar Association’s “Law You Can Use” consumer legal information column, which was subsequently published by the Wooster Weekly News, Leslie G. Wolfe provided an overview of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). This law, enacted by the federal government in 1980 in order to […]

Variances

Aimee W. Laneandnbsp;discussed the topic, “Variances” at the Ohio State Bar Association’s “Land Use and Zoning” seminar on May 21, 2014, in Cleveland, Ohio.

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Gary A. Zwick Awarded One of Three Kenneth Black, Jr. Journal Author Awards

An article co-authored byandnbsp;Gary A. Zwickandnbsp;and published in theandnbsp;Journal of Financial Service Professionalsandnbsp;was recently awarded one of three Kenneth Black, Jr. Journal Author Awards for best article of the year. This article, titled “Why Tax Minimization is Overrated in Estate Planning,” appeared in theandnbsp;Journalandnbsp;in March 2013 and was co-authored by James Jurinski, a professor at […]

EPA’s Controversial Rule Clarifying CWA Jurisdiction Could Negatively Impact Most Commercial Property Owners

In an article published in the June 2014 issue of Properties magazine, John A. Heer and Leslie G. Wolfe discussed the U.S. EPA’s and U.S. Army Corps of Engineers’ proposed new rule defining “waters of the United States” under the federal Clean Water Act. In their article, titled “EPA’s Controversial Rule Clarifying CWA Jurisdiction Could […]

As landlords seek loans, lenders increasingly seek documentation from tenants

In a “Real Estate Guest Blog,” published by Crain’s Cleveland Business on June 23, 2014 and titled, “As landlords seek loans, lenders increasingly seek documentation from tenants,” Sophia M. Deseran indicated that well-crafted Subordination, Non-Disturbance and Attornment Agreements (SNDAs) can benefit lenders, borrowers and tenants in commercial financing transactions.

HB 264 Signed into Law Providing Care in School for Diabetic Students

On June 12, 2014, the Governor signed into law House Bill (HB) 264 that establishes care for students with diabetes in public schools and chartered nonpublic schools. Specifically, HB 264 requires that schools ensure that all diabetic students receive appropriate diabetes care in accordance with orders signed by their treating physician and with their Section […]

U. S. Supreme Court Rules Cell Phone Searches Incident to Arrest Require Search Warrant

On June 25, 2014, the United States Supreme Court, inandnbsp;Riley v. California, issued a decision holding that, except under “exigent circumstances,” law enforcement officers may not search digital information on cell phones seized incident to arrest without a search warrant. Digital information includes, but is not limited to, photographs, call logs, email and text communications, […]

Employers adjust criminal background check methods

In an online article published by Crain’s Cleveland Business on July 26, 2014 and titled, “Employers adjust criminal background check methods,” Patricia F. Weisberg asserted that many employers, when looking to hire new employees, are now following the EEOC’s 2012 guidance regarding the use of criminal background checks. This article was authored by Crain’s reporter […]

Elyria mayor offers 2 plans to boost businesses

John W. Waldeck, Jr. was featured in an online article published on July 29, 2014 by the Lorain County newspaper, The Chronicle-Telegram. In this piece, written by reporter Lisa Roberson and titled, “Elyria mayor offers 2 plans to boost businesses,” Jack urged private builders to partner with the City of Elyria’s new Community Improvement Corporation […]

Supreme Court to Consider Two Issues Important to Employers: Pregnancy Discrimination and EEOC Conciliation Prior To Suing

U.S. Supreme Court May Clarify Employer’s Obligations to Accommodateandnbsp; Pregnant Workers On July 1, 2014, the U.S. Supreme Court agreed to review a former United Parcel Service, Inc. employee’s lawsuit alleging pregnancy discrimination and address her employer’s obligations to accommodate her. This case will give the U.S. Supreme Court a chance to clarify what obligations […]

Enacted Sub. H.B. 289 Prohibits the Creation, Amendment, or Renewal of Alternative Joint Economic Development Zones (JEDZs) and Creates Municipal Utility Districts from Municipal-Only JEDZs

Sub. House Bill (H.B.) 289 was enacted into law on June 5, 2014, and became immediately effective. The new law, which had been amended several times in Bill form, prohibits the formation of new alternative Joint Economic Development Zones (JEDZs) after January 1, 2015, and creates Municipal Utility Districts (MUDs) in place of “municipal-only” JEDZs. […]

Managing obesity from a legal perspective

In an online article published on August 29, 2014 by Managed Healthcare Executive and titled, “Managing obesity from a legal perspective,” John E. Schiller asserted that the obesity issue in the United States is a public health and budget problem which can’t be ignored.

School Administrator Legal Update

Eric J. Johnsonandnbsp;provided school officials with a “School Administrator Legal Update,” on August 8, 2014 at the Lake County Educational Service Center (Lakeland Community College), in Kirtland, Ohio and on August 6, 2014andnbsp;at the Geauga County Administrator Retreat 2014, held at Lakeland Community College – Mooreland Mansion, in Kirtland, Ohio.

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A Physician’s Last Chance

In the article, “A Physician’s Last Chance,” published by the Federal Litigation Section of the Federal Bar Association, Michael J. Jordan andandnbsp;John E. Schillerandnbsp;discussed the challenges facing attorneys when contesting, through the state or federal court system, a physician’s loss of hospital privileges.

Trustee Liability: A Litigator’s Perspective

The Journal of Financial Services Professionals, through its Kenneth Black, Jr. Journal Author Award Program, has recognized John E. Schiller for his 2008 article, “Trustee Liability: A Litigator’s Perspective.” John’s article placed second among the top three pieces published in the Journal, as determined by an independent panel of judges. Named in honor of Kenneth […]

New Ohio Legislation Makes Reforms to Policies Affecting Primary and Secondary Education

The Mid-Biennium Review bill was recently passed and presents changes to current laws related to public education. Among the numerous modifications implemented, major revisions include adjustments to teacher evaluations and new graduation requirements for the replacement of the Ohio Graduation Tests. These revisions will take effect as early as this fall, for the 2014-2015 school […]

Unique Sentencing Departures: Are You Being Creative?

In an article published in the September 2014 issue of the Cleveland Metropolitan Bar Journal and titled, “Unique Sentencing Departures: Are You Being Creative?,” Darrell A. Clay indicated that creative arguments at sentencing can sometimes result in a reduction in jail time for defendants convicted in criminal matters.

Back to School: What Districts Need to Know to Start the 2014-15 School Year

On September 22, 2014, Walter | Haverfield LLP, in partnership with the Educational Service Center of Cuyahoga County, presented the first session in a two-part series of complimentary legal updates. In Session One of this Special Education/Pupil Services Professional Development Series, titled “Back to School: What Districts Need to Know to Start the 2014-15 School […]

Recognizing LGBT workplace rights: Is your business prepared?

Everywhere you look lately, LGBT rights are making headlines. States as diverse as Wisconsin, Texas, Kentucky, Arizona and Kansas have been in the news for their legislative attempts to either increase or limit the rights of LGBT citizens.andnbsp; At a national level, there have been some major changes regarding LGBT rights. Earlier this year, the […]

Beware of “Micro” Units Bargaining Within Your Company

When a union begins to “organize” employees in your workplace, it must first determine which employees it wants in the “bargaining unit”: Production? Maintenance? Sales? Clerical? Shipping? Receiving? Some of the above? All of the above? However, whether or not the bargaining unit the union chooses is “appropriate” ultimately will be determined by the National […]

Schofield Development Moves Forward

By John W. Waldeck, Jr. and Geoffrey S. Goss People who frequently pass by the intersection of East 9th Street and Euclid Avenue have likely gotten used to seeing scaffolding on the Schofield Building. Despite tremendous commercial interest in the property, the most recent recession had stalled redevelopment of the historic structure. Walter | Haverfield’s […]

Avoiding Issues with Protected Wetlands (a case study)

Byandnbsp;Leslie G. Wolfe and John A. Heer Wetlands are a major issue for almost anyone who owns commercial or industrial property – now more than ever thanks to the EPA’s new overly broad definition of what constitutes protected wetlands. A case in point involves a Walter | Haverfield client who owns a small piece of […]

Land Use

The September/October 2014 issue of Cities and Villages magazine featured a presentation given by R. Todd Hunt on July 24, 2014, at the OMAA Law Institute. In this piece, titled “Land Use,” Todd covered a variety of topics of importance to municipalities across Ohio, including constitutional issues in land use law, zoning code pitfalls and […]

Beware of “Micro” Units Bargaining Within Your Company

When a union begins to “organize” employees in your workplace, it must first determine which employees it wants in the “bargaining unit”: Production? Maintenance? Sales? Clerical? Shipping? Receiving? Some of the above? All of the above? However, whether or not the bargaining unit the union chooses is “appropriate” ultimately will be determined by the National […]

Legal Update for NEOASPA

On October 20, 2014,andnbsp;Christina Henagen Peerandnbsp;andandnbsp;Eric J. Johnsonandnbsp;provided legal updates for school district and human resources professionals at a program presented by Walter | Haverfield LLP, in partnership with the Educational Service Center of Cuyahoga County. At this program, held in Independence, Ohio, Christina and Eric spoke on the topic, “Legal Update for NEOASPA.”

EEOC Issues Pregnancy Discrimination Enforcement Guidance for Employers

In an article published by the Ohio State Bar Association in its quarterly newsletter, Fine Print, Patricia F. Weisberg indicated that the EEOC’s recently-released enforcement guidance regarding pregnancy discrimination in the workplace effectively mandates that employers reasonably accommodate most pregnant employees who have job restrictions. The title of this article is, “EEOC Issues Pregnancy Discrimination […]

Plan Ahead and Negotiate Wisely to Maximize Value of Shopping Center Outparcels

In an article which appeared in the November 2014 issue of Properties magazine, titled “Plan Ahead and Negotiate Wisely to Maximize Value of Shopping Center Outparcels,” Megan C. Zaidan advised builders of retail shopping centers to create outparcels early in the construction process and to make sure that documents pertaining to their establishment, such as […]

Managing Pregnancy-Related Workplace Issues

In an article published on November 17, 2014 in a special “Legal Guidebook” section of Crain’s Cleveland Business, titled “Managing Pregnancy-Related Workplace Issues,” Patricia F. Weisberg discussed the significance of the EEOC’s recently-released enforcement guidance under the Pregnancy Discrimination Act (PDA).

Facebook, YouTube, Twitter…Oh My!!

In an online article published in the Fall 2014 issue of HR Cleveland and titled, “Facebook, YouTube, Twitter…Oh My!!,” Sara M. Markouc asserted that employers should adopt comprehensive social media policies in order to protect their interests and reputation when employees choose to use social media channels outside of the workplace.

Playing Well With Others

On November 10, 2014,andnbsp;Stephen L. Byronandnbsp;andandnbsp;Eric J. Johnsonandnbsp;gave a presentation on the topic, “Playing Well With Others,” at the 2014 OSBA Capital Conference and Trade Show, in Columbus, Ohio.

Ohio’s Minimum Wage Will Increase January 1, 2015

Ever since Ohio’s Constitution was amended in 2006, Ohio’s minimum wage correlates with the rate of inflation for the twelve months prior to September. The Ohio Department of Commerce has calculated the rate of inflation and has adjusted the Ohio minimum wage for 2015. Effective January 1, 2015, Ohio’s minimum wage will increase $0.15 from […]

2014 U.S. News

On November 3, 2014,andnbsp;U.S. News -andnbsp;Best Lawyers®andnbsp;announced their 2015 “Best Law Firms” rankings. This is the fifth consecutive year that these rankings have been issued and Walter | Haverfield was pleased to learn that, this year, the firm was recognized for its achievements in 16 areas of practice: National Tier 3 Litigation – ERISA Metropolitan […]

Aircraft Lien Rights: One Typical State Law Scheme

In an article published in the Winter 2014-15 issue of theandnbsp;Law-Pilots Bar Association Journalandnbsp;and titled, “Aircraft Lien Rights: One Typical State Law Scheme,”andnbsp;Darrell A. Clayandnbsp;provided advice to individuals or businesses seeking to collect on unpaid debts for services or material supplied to aircraft. In this piece, Darrell indicated that potential lienholders must closely adhere to […]

The Ohio Supreme Court Upholds Traffic Camera Citation Administrative Appeal Process

On December 18, 2014, the Ohio Supreme Court issued an opinion overturning the Sixth District Court of Appeals decision which held that the City of Toledo’s administrative appeal process for traffic camera citations violated the exclusive jurisdiction of the municipal courts. The Ohio Supreme Court specifically held that “Ohio municipalities have home-rule authority to establish […]

2015 Ohio Super Lawyers

Walter | Haverfield LLP is pleased to announce that 11 of its attorneys were selected for inclusion on theandnbsp;2015 Ohio Super Lawyersandnbsp;list. Super Lawyers selects attorneys as a result of a multiphase selection process, in which peer nominations and evaluations are combined with third party research. Candidates are evaluated on 12 indicators of peer recognition […]

What You Should Know About Ohio Firearms Law

Ohio firearms laws are complicated. A failure to know these laws can turn an encounter with a citizen, or a seemingly innocuous personnel policy, into a lawsuit with the municipality on the losing side. Yet, with general rules that have exceptions, caveats that change depending upon who is carrying the firearm, a multitude of types […]

United States Supreme Court Clarifies Municipality’s Responsibilities When Denying An Application for Cell Phone Tower Siting

byandnbsp;William R. Hannaandnbsp;andandnbsp;Benjamin G. Chojnacki On Wednesday, January 14, 2015, the United States Supreme Court issued a decision clarifying what information must be provided when denying an application for cell phone tower siting under the Telecommunications Act.andnbsp;T-Mobile South, LLC v. City of Roswell, Georgia, 574 U.S. ____ (2015). The City Council of Roswell, Georgia held […]

OCR Releases Additional Guidance for Schools: Responsibilities in Responding to the Bullying of a Student with a Disability

In the wake of increasing complaints regarding bullying of students with disabilities, the U.S. Department of Education, Office of Civil Rights (OCR) released expanded guidance for schools (public, charter, and magnet) regarding responsibilities to prevent and address the bullying of students with disabilities. The OCR clarified that bullying may violate civil rights laws, including Section […]

2015 Edition of Chambers USA

Congratulations toandnbsp;Ralph E. Cascarilla,andnbsp;Michael A. Cyphertandnbsp;andandnbsp;Russell C. Shaw, who have been selected for inclusion in theandnbsp;2015andnbsp;edition ofandnbsp;Chambers USA. Designated as “Leaders in their Field” by the London-based publisher, Chambers and Partners, they were recognized for their accomplishments in the following areas of practice: Ralph E. Cascarillaandnbsp;- Litigation: White-Collar Crime and Government Investigations (Ohio) Michael A. […]

FMLA Rights Expanded to Same-Sex Couples

The United States Department of Labor issued a Final Rule in February, revising the definition of a “spouse” under the Family and Medical Leave Act (“FMLA”), which extended the FMLA’s protections to married, same-sex couples. The rule is designed to implement changes required as a result of the United States Supreme Court decision inandnbsp;United States […]

RNC-related contracts pose special legal challenges

In a Crain’s “Real Estate Guest Blog,” published on April 20, 2015 and titled, “RNC-related contracts pose special legal challenges,” John W. Waldeck, Jr. indicated that Northeast Ohio companies and individuals should consult with legal counsel in order to carefully consider which clauses in their construction contracts and leasing agreements may be impacted by the […]

The Supreme Court Issues Guidance on Employers’ Obligation to Accommodate Pregnant Workers

On March 25, 2015, the U.S. Supreme Court issued its decision in the Young v. United Parcel Service, Inc.andnbsp;case. Employers and employees alike were hopeful that the Court would provide much-needed guidance about when and how employers are required to accommodate pregnant workers, particularly with respect to providing light duty. While the Court provided some […]

Darrell A. Clay was recently selected as Vice President of the Cleveland Metropolitan Bar Association

Darrell A. Clayandnbsp;was recently selected as Vice President of the Cleveland Metropolitan Bar Association, effective July 1, 2015. Under the Bar Association’s automatic plan of succession, he will serve a one-year term as Vice President and another as President-Elect, prior to assuming the office of President on July 1, 2017. Darrell was also appointed by […]

2015 Edition of Cleveland’s Best Lawyers®

Walter | Haverfield is pleased to recognize eleven of the firm’s attorneys, who have been selected for inclusion in the 2015 Edition ofandnbsp;Cleveland’s Best Lawyers®, a custom publication which appeared inandnbsp;The Plain Dealerandnbsp;andandnbsp;The Wall Street Journalandnbsp;on April 3, 2015. The information in this publication is based upon that found in the 21st edition ofandnbsp;The Best […]

The Department of Labor and the National Labor Relations Board are out of touch with today’s workplace

The purpose of this blog is not to provide advice to employers struggling to deal with the changes or lack of changes in the various employment-related government agencies. Rather, it is to complain that the National Labor Relations Board (NLRB) and the Department of Labor (DOL), specifically, the Fair Labor Standards Act (FLSA), are historic […]

The Obama administration’s attack on successful businesses

The Obama administration, after having basically ignored its labor constituency for five years, is now in a position to implement some broader pro-union strategies. While the administration is using a multi-pronged approach in its attack on business, I want to concentrate on the more controversial initiatives that are being pursued by the U.S. Department of […]

Are we witnessing a new era or final demise of unions?

With the number of union workers at an all-time low in this country, it should really come as no surprise that unions have resorted to more drastic, unconventional methods of recruitment. The use of worker centers to help recruit traditionally unorganized sectors of the workforce has caught the attention of not only the media, but […]

Breastfeeding in the workplace

Although Time made breastfeeding a hotly debated issue with its recent cover photo of a mom nursing her almost 4-year-old son, breastfeeding in the workplace has long presented a legal stumbling block for employers and employees alike. The dearth of laws directly applicable to the situation has fueled confusion; however, the increased focus on breastfeeding […]

Recent Supreme Court decision leaves employers wondering about obligations to accommodate pregnant workers

In a Crain’s “Legal Guest Blog,” published on May 5, 2015 and titled, “Recent Supreme Court decision leaves employers wondering about obligations to accommodate pregnant workers,” Patricia F. Weisberg assessed the U.S. Supreme Court’s recent decision in Young v. United Parcel Service, Inc., which addressed the issue of pregnancy discrimination in the workplace.

More projects may be delayed thanks to new restrictions designed to save endangered bat species

In a Crain’s “Real Estate Guest Blog,” published on May 27, 2015 and titled, “More projects may be delayed thanks to new restrictions designed to save endangered bat species,” Joshua E. Hurtuk advised builders and property owners to be aware, when establishing construction timelines, that their plans may be impacted by the roosting seasons of […]

Rosy 2015 Outlook Remains for Real Estate Development

Even several months into the new year, many local commercial real estate professionals still relish how successful 2014 was from a development perspective. Led by our own real estate practice group, law firms across Northeast Ohio stayed busy keeping up with the vast number of transactions, as new deals closed and existing projects progressed into […]

Caution Suggested for Schools When Dealing with Issues Involving Transgender Students

School administrators today are challenged in creating policies and responding to an array of issues that few people would have anticipated as little as five years ago. Consider the challenge of dealing with transgender students. Transgender is the term that legally describes students whose current gender identities are different from their assigned sex at birth. […]

Employment-Related Issues with Social Media Marketing Accounts

With the enduring popularity of social media sites such as Facebook, Twitter, and Instagram, companies large and small are looking to connect with the social media market and use it to their marketing advantage. However, with social media marketing can come employment-related headaches that aren’t always anticipated. So, here’s the scenario. You’ve assigned an employee […]

Don’t take estoppel certificates lightly

In a Crain’s “Real Estate Guest Blog,” published on June 8, 2015 and titled, “Don’t take estoppel certificates lightly,” Sophia M. Deseran asserted that estoppel certificates merit attention in commercial lending or sale transactions; if misunderstood, they can be problematic for all parties involved in such matters.

Renting out your home during the 2016 Republican National Convention: windfall or tax liability?

In a Crain’s “Legal Guest Blog,” published on June 16, 2015 and titled, “Renting out your home during the 2016 Republican National Convention: windfall or tax liability?,” Alexis J. Kim advised homeowners to be aware of the tax consequences of renting their homes during the RNC next year, and to consider these consequences when negotiating […]

Ohio Attorney General Begins Claim Process for Road Salt Settlement

Byandnbsp;Stephen L. Byronandnbsp;andandnbsp;Aimee W. Lane.andnbsp; The State of Ohio reached an $11.5 million settlement in its price-fixing lawsuit against road salt providers Cargill, Inc. and Morton Salt, Inc. Under the terms of theandnbsp;settlement, public entities that purchased road salt from Cargill and/or Morton between July 1, 2008 and June 30, 2011 may be entitled to […]

State of Ohio Reaches $11.5 million Settlement with Road Salt Providers Cargill and Morton to Resolve Price-Fixing Claims

Byandnbsp;Stephen L. Byron,andnbsp;Benjamin G. Chojnacki, andandnbsp;Ellen R. Kirtner, Lawandnbsp;Clerk. Ohio Attorney General Mike DeWine announced yesterday that the State of Ohio has reached a settlement in its price-fixing lawsuit against road salt providers Cargill, Inc. and Morton Salt, Inc. The lawsuit alleged that Cargill and Morton spent nearly a decade engaged in a conspiracy that […]

United States Supreme Court Announces Unanimous Decision in Reed v. Town of Gilbert

Byandnbsp;Stephen L. Byron,andnbsp;Aimee W. Lane, andandnbsp;Ellen R. Kirtner, Law Clerk On Thursday, June 18, 2015, the United States Supreme Court announced its decision inandnbsp;Reed v. Town of Gilbert. Inandnbsp;Reed, the court held that a municipal ordinance in Gilbert, Arizona is in violation of the First Amendment. The ordinance allowed for varying restrictions on sign content […]

Reminder: Salt Claims Due to Ohio Attorney General on August 21, 2015

Byandnbsp;Stephen L. Byronandnbsp;andandnbsp;Aimee W. Lane. As we informed you earlier thisandnbsp;summer, the State of Ohio reached an $11.5 million settlement in its price-fixing lawsuit against road salt providers Cargill, Inc. and Morton Salt, Inc. Under the terms of the settlement, public entities that purchased road salt from Cargill and/or Morton between July 1, 2008 and […]

2016 Ohio Super Lawyers

Walter | Haverfield is pleased to announce that nine of its attorneys were selected for inclusion on the 2016 Ohio Super Lawyers list.andnbsp; Those listed, and their areas of practice, are as follows: Ralph E. Cascarilla – Criminal Defense: White Collar Darrell A. Clay – Business Litigation Bonnie S. Finley – Business Litigation Jonathan D. […]

On-Site Continuing Education Offerings From the Education Law Group

As a service to our clients in the Education Law Group, Walter | Haverfield is offering,andnbsp;without charge, a variety of brief presentations geared toward educating district personnel on timely topics facing public school districts. Conducted on-site at the district, each continuing education presentation is designed to assist district representatives in identifying and addressing legal issues […]

DOL Updates FMLA Model Forms

In an article published in Fine Print, a publication of The Ohio State Bar Association, and titled, “DOL Updates FMLA Model Forms,” Patricia F. Weisberg advised employers to use the U.S. Department of Labor’s new FMLA model notices, which now include a reference to the Genetic Information Nondiscrimination Act (GINA).

LGBT Rights in the Workplace

In an article published in the 2015 Summer Print Issue of HR Cleveland and titled, “LGBT Rights in the Workplace,” Susan Keating Anderson advised employers to review and revise their policies regarding LGBT employees to ensure that they comply with any laws governing their workplaces.

THE NLRB REDEFINES THE JOINT EMPLOYER DOCTRINE

On August 27th, the National Labor Relations Board (NLRB) dramatically reinterpreted the “joint-employer” doctrine. Under the National Labor Relations Act (NLRA), “joint employers” are two separate employers that both control the terms and conditions of shared employees-shared in the sense that the employees are employed by an entity that provides temporary labor to work for […]

Preparing for the Next Big Cybersecurity Challenge

What we’ve learned from the Sony Hack of 2014 November 24, 2014 marked one of the most devastating cyberattacks on a private corporation to date. The attack, which infiltrated the highest levels of Sony Pictures Entertainment (SPE), illustrates not only how vulnerable most companies are to hacking, but provides a strong case for why companies […]

Minimizing the Impact of Excessive Force Claims

Across the nation and in Northeast Ohio, claims of unlawful shootings and excessive force are making headlines in alarmingly increasing numbers, resulting in heightened scrutiny of police policies and protocols related to the training of law enforcement officers and the use of force. Suddenly, Mayors, Police Chiefs and other city officials are finding themselves having […]

Pinecrest Development Overcomes Hurdles

$225 million Orange Village mixed-use project enters initial phase Despite numerous challenges, Walter | Haverfield client Fairmount Properties is now entering the first phase of development for its $225 million Pinecrest mixed-use real estate project in Orange Village. The vision for Pinecrest dates back to 2013 when Fairmount first started putting plans in place for […]

The April 2015 Proposed Amendments to the Federal Sentencing Guidelines

In the September 2015 issue of the Cleveland Metropolitan Bar Journal, Darrell A. Clay discussed the United States Sentencing Commission’s proposed amendments to the federal sentencing guidelines. In this article, titled, “The April 2015 Proposed Amendments to the Federal Sentencing Guidelines,” Darrell asserted that the most significant proposed changes were those related to economic offenses […]

2016 Edition of Cleveland’s Best Lawyers®

Walter | Haverfield LLP Recognized in “Best Law Firms” Rankings On November 2, 2015,andnbsp;U.S. News – Best Lawyers® announced their 2016 “Best Law Firms” rankings. This is the sixth consecutive year that these rankings have been issued and Walter | Haverfield was pleased to learn that, this year, the firm was recognized for its achievements […]

Government cracks down on misclassification of independent contractors

In an article in a special “Legal Guidebook” section in the November 16, 2015 issue of Crain’s Cleveland Business, titled, “Government cracks down on misclassification of independent contractors,” Patricia F. Weisberg urged employers to be proactive in re-evaluating their independent contractor relationships to ensure that these workers are not misclassified employees.

Ohio’s Minimum Wage Will Stay the Same for 2016

Ever since the Ohio constitution was amended in 2006, Ohio’s minimum wage correlates with the rate of inflation for the twelve months prior to September. The Ohio Department of Commerce has calculated the rate of inflation and determined that based on the consumer price index (CPI), Ohio’s minimum wage rates will stay the same in […]

Changes to Exemptions from Overtime Rules Expected in July 2016

The U.S. Department of Labor’s (DOL) new overtime rule for white collar exemptions is now expected to be published around July 2016, according to the DOL’s Fall 2015 Semi-Annual Regulatory Agenda. On June 30, 2015, the DOL issued its proposed overtime rule for white collar exemptions. Once the final rule is published, the compliance timeline […]

Northeast Ohio Legal Updates Network

Walter | Haverfield, in conjunction with the Educational Service Center of Cuyahoga County, continued our Education Law Legal Update series. Thank you for joining us at ESC on January 25, 2016 for the second in a series of three updates for the 2015-16 school year.The session covered: Religion In Schools: Navigating the Murky Waters of […]

Local Commercial Real Estate Market Ramps Up for RNC

The local commercial real estate market continues to prosper and grow. Vacancies, on the whole, are generally down and new construction is ever expanding. Across the region deals are getting done. Leading the charge in new development is the hospitality industry which is largely energized by the need for greater capacity in order to handle […]

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“Ban the Box” for Public Employers in Ohio

In late December 2015, Governor John Kasich signed a law that prohibits public employers, including townships, villages, municipal corporations, and public school districts, from asking questions about an applicant’s criminal background on their job applications. Under the new law, the Fair Hiring Act, public employers are permitted to conduct background checks, but they can only […]

Ohio Supreme Court Clarifies that Taxing Authorities Must Pass Two Pieces of Legislation in Order to Place a Statutory Levy on the Ballot

By Benjamin G. Chojnacki and Stephen L. Byron.andnbsp; On January 26, 2016, the Ohio Supreme Court decided State ex rel. Cornerstone Developers, Ltd. v. Greene Cty. Bd. of Elections, Slip Opinion No. 2016-Ohio-313. In the case, the Court ordered the Greene County Board of Elections to remove a tax levy from the March 2016 ballot […]

U.S. Department of Labor Issues Guidance on Joint Employers – New interpretations could mean more employers found liable for FLSA violations

On January 20, 2016, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued guidance for businesses where two or more separate entities each have relationships with the same workers. The guidance addresses when businesses will be considered to be joint employers and, therefore, may be jointly liable for violations of the Fair Labor […]

EEO-1 Wage Reporting: The EEOC’s Next Employer Burden

On February 1, 2016, as employers wrapped up employee W-2s for the year, the U.S. Equal Employment Opportunity Commission (EEOC) published proposed additions to EEO-1 data reporting for employers. In a joint effort with the Department of Labor and Office of Federal Contract Compliance Program (OFCCP), the EEOC seeks to gather employee wage data to […]

Update on the FLSA Exemption Regulations

It has been reported that on February 17, 2016, U.S. Solicitor of Labor, Patricia Smith, announced at an American Bar Association conference that the white-collar exemption regulations will be published in July 2016, with an effective date 60 days after publication. When the U.S. Department of Labor last revised the exemptions, which was in 2004, […]

EEOC Redefines Retaliation: A Caution to Employers

For the first time since 1998, the EEOC released proposed guidance regarding workplace retaliation that would supersede the EEOC Compliance Manual, Volume II, Section 8: Retaliation. The guidance is intended to educate the public on how the EEOC approaches charges, determinations, and litigation considerations involving the most frequently alleged EEOC violation – retaliation. However, the […]

U.S. Department of Labor issues guidance on joint employers

In a Crain’s “Legal Guest Blog,” issued on March 2, 2016 and titled, “U.S. Department of Labor issues guidance on joint employers,” Patricia F. Weisberg advised employers to take note of the recent guidance issued by the U.S. Department of Labor’s Wage and Hour Division, which focused on businesses where two or more separate entities […]

Ten Dangerous Apps

On March 18, 2016, Christina Peer spoke at OSBA 2016: Technology and the Law Seminar. Her presentation with Rhonda Porter, Esq. of the Akron City School District described in detail ten dangerous apps that can expose students to bullies and predators, and how to handle their widespread use.

UPDATE ON THE REVISED I-9 FORM

On March 28, 2016, the U.S. Citizenship and Immigration Services (USCIS) published a 30-day notice in the Federal Register seeking public comment on proposed changes to Form I-9, Employment Eligibility Verification. The public may comment on the proposed changes for 30 days, until April 27, 2016. After the 30-day comment period ends, USCIS will consider […]

USW Working to Redefine Role in Rubber Sector

Marc J. Bloch was recently interviewed by reporter Bruce Meyer, for an article which appeared in Rubber and Plastics News. In this piece, titled, “USW Working to Redefine Role in Rubber Sector,” Marc opined that labor unions in mature industries, such as rubber and steel, will have a difficult time remaining relevant in the coming […]

EEOC Issues “Fact Sheet” on Bathroom Access for Transgender Employees

On May 2, 2016, the U.S. Equal Employment Opportunity Commission issued a new “Fact Sheet” on bathroom access rights for transgender employees. The agency warned employers that discrimination based on an employee’s transgender status is sex discrimination under federal law. The Fact Sheet reflects the EEOC’s position that employers are prohibited from preventing an employee […]

Legal Developments Regarding Transgender Students

While Ohio has not addressed the issue yet, the nationwide trend of affording protections to transgender students under Title IX of the Education Amendments of 1972 continues. On April 19, 2016, the U.S. Court of Appeals for the Fourth Circuit ruled on a transgender high school boy’s motion for a preliminary injunction. See G.G.ex rel. […]

Ohio Supreme Court Finds Open Meetings Act Prohibits Private Prearranged Discussion of Public Business by a Majority of Members of a Public Body via Email

On Tuesday, the Ohio Supreme Court held that an email exchange between a majority of school board members may qualify as a meeting under Ohio’s Open Meetings Act. The plaintiff, a board member who conducted an independent investigation into alleged improper expenditures by two athletic directors within the school district, voted against a proposed board […]

U.S. Departments of Education and Justice Weigh In on the Legal Developments Regarding Transgender Students

On May 13, 2016, the United States Department of Education (“DOE”) and the United States Department of Justice (“DOJ”) issued guidance to educational institutions that receive federal financial assistance regarding the rights of transgender students under Title IX. This guidance comes on the heels of a decision by the Fourth Circuit Court of Appeals regarding […]

Ohio EPA “Digs Up Ideas” for the Beneficial Reuse of Lake Erie Dredged Sediment

On May 11, 2016, nearly two hundred public employees and members of the business community gathered at Lorain County Community College to help the Ohio EPA explore ways to repurpose material dredged from Lake Erie’s harbors. The “Dredged Material: Make It Your Business – Digging up Ideas Workshop” included brainstorming sessions where participants debated new […]

Overtime Rule for White Collar Exemptions Is Finally Here

The U.S. Department of Labor Wage and Hour Division (DOL) published the highly anticipated final rule revising the overtime regulations today. The rule revises the regulations defining which white collar workers are eligible to receive overtime pay for hours worked over 40 in a workweek under the Fair Labor Standards Act (FLSA). The final rule, […]

Don’t take for granted casualty provisions in commercial leases, because disaster could actually strike

In a “Real Estate Guest Blog, published by Crain’s Cleveland Business on June 1, 2016 and titled, “Don’t take for granted casualty provisions in commercial leases, because disaster could actually strike,” Joshua E. Hurtuk emphasized that it is important to carefully negotiate – up front – casualty clauses in commercial leases.

The State of Ohio Enacts House Bill 180 Which Prohibits Local Governments From Enacting Local Hiring Requirements.

By R. Todd Hunt and Susan M. Bungard. On May 31, 2016, Ohio Governor John Kasich signed House Bill 180. This bill prohibits a public authority/local government from requiring a contractor to employ a certain percentage of individuals from the geographic area of the public authority for the construction or professional design of a public […]

Are your company’s bathroom policies compliant?

In an article published online by Crain’s Cleveland Business, Patricia F. Weisberg discussed recent events concerning bathroom access rights for transgender employees. In this piece, titled, “Are your company’s bathroom policies compliant?,” Patti also encouraged employers to resolve restroom issues at their places of business, in order to preclude their impact upon productivity and employee […]

Ohio Lawmakers Legalize Medical Marijuana; Effect on Employers Minimized by Protections in the Legislation

House Bill 523 legalizes medical marijuana in Ohio, but the substantial policy change has minor implications for Ohio employers, for now. The legislation, signed by Governor Kasich on June 8, authorizes a licensed physician to recommend medical marijuana to an individual diagnosed with one or more of 20 qualifying conditions or diseases. An individual with […]

EEOC More than Doubles Penalty for Notice Violations

The Equal Employment Opportunity Commission (EEOC) raised the penalty for employers who fail to properly post required workplace notices under Title VII, the Americans with Disabilities Act (ADA), and Genetic Information Non-Discrimination Act (GINA) from $210 per violation to $525 per violation, effective July 5, 2016. Employers Must Post Notices Under Title VII, ADA, and […]

Three simple steps to minimize liability, legal delays and expenses during a residential construction project

In a Crain’s “Real Estate Guest Blog,” titled, “Three simple steps to minimize liability, legal delays and expenses during a residential construction project,” Rick L. Amburgey asserted that the parties involved in a residential construction project should prepare and adhere to a written contract in order to minimize the impact of changes or disagreements which […]

The U.S. Supreme Court and Transgender Students

In yet another development in the saga of transgender law in America’s public schools, the United States Supreme Court put a halt to a trial court order that would have allowed a transgender male student to use the boy’s restroom in a high school in Gloucester County, Virginia at the start of the upcoming school […]

Four Added Practice Areas, 24 New Attorneys Enhance Client Service: Firm now offers IP, public and structured finance, loan workouts and liquor control law

On an ongoing basis, Walter | Haverfield continues to evaluate the range of legal services we offer our clients to identify complementary practice areas that provide added value and meet our clients’ ever-evolving needs. That’s why, in the past year alone, we have added four new practice areas—intellectual property (IP), public and structured finance, loan […]

When Free Speech Collides with Policies

“When Free Speech Collides with Policies,” also appeared in the September/October 2016 issue of Cities and Villages magazine. Is a government employer permitted to discipline an employee for behavior it believes an employee has engaged in? What if that employer is mistaken about said behavior? And what happens when the behavior is potentially constitutionally protected […]

New Legislation Provides Better Protection of Trade Secrets

In May the Defend Trade Secrets Act (DTSA) took effect, expanding federal protection of trade secrets that are stolen or exposed by improper means. Trade secrets are defined as valuable, confidential information that provides a competitive advantage by not being generally known in the market. DTSA’s passage was welcomed by U.S. companies, which value their […]

Helping Schools Deal with Transgender Issues

By Christina Henagen Peer and Lisa H. Woloszynek Amid national strain and debate surrounding gender identity–from boycotts of Target due to its transgender bathroom policy to state laws and city ordinances that are aimed to restrict restroom use to biological at birth gender–school districts find themselves thrown into this national debate. Guidance from courts and […]

Department of Labor Announces Penalty Increases

Department of Labor Penalties Increasing with Inflation Adjustments The Department of Labor (DOL) announced interim final rules on June 30, 2016, to adjust its civil penalties for inflation. Increased penalties became effective on August 1, 2016, and apply to violations that occurred after November 2, 2015. Increase Aims to Advance the Effectiveness and Deterrent Effect […]

New Process to Pursue Public Records Disputes through the Court of Claims will be Available on September 28, 2016

By William R. Hanna, Aimee W. Lane, and Jessica Trivisonno Legislation that will significantly expand the remedies available to requesters of public records will take effect on September 28, 2016. The effect on local governments responding to public records requests is not yet clear. S.B. 321 was passed unanimously on May 25, 2016. Beginning September […]

Ohio Court Weighs in on Transgender Student Access to Restrooms and Name Issues

By Christine T. Cossler and Lisa H. Woloszynek. As the national debate regarding transgender students’ rights and school districts’ obligations rapidly evolves, the United States District Court for the Southern District of Ohio adds to the conflicting precedent. On September 26, 2016, Judge Marbley ordered the Highland Local School District (“District”) to treat 11 year-old […]

Settlement Reached in 12-Year-Old Lake Erie Border Class Action Lawsuit – Owners of property bordering Lake Erie in Ohio may be entitled to compensation (but claim forms must be filed by October 12, 2016)

A class action lawsuit dating back to 2004 has finally been settled involving the owners of property bordering Lake Erie in Ohio who filed against the State of Ohio (State), in conjunction with the Ohio Department of Natural Resources (ODNR). As part of the settlement, affected current and past landowners may qualify for reimbursement if […]

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The Degree of “Educational Benefit” Required for a Free Appropriate Public Education: United States Supreme Court to Settle the Debate

By Christina Peer and Lisa H. Woloszynek Under the Individuals with Disabilities Education Improvement Act (IDEIA), public schools must provide a free appropriate public education (FAPE) to students with disabilities. The degree of “educational benefit” a child must receive in order for the school district to have provided a FAPE has been a question that […]

Criminal Liability arising from Drone Operations

In an article published in the September 2016 issue of the Cleveland Metropolitan Bar Journal and titled, “Criminal Liability arising from Drone Operations,” Darrell A. Clay and Jessica Trivisonno asserted that drone users must operate their vehicles in a safe and lawful manner at all times, or else they may incur criminal liability for their […]

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Transgender Student Case Makes Its Way To The United States Supreme Court

The national debate regarding transgender students’ rights and the obligations of school districts has developed rapidly this year. Courts across the country, including in Ohio, have issued varied decisions on these issues and the United States Department of Education (“DOE”) and the United States Department of Justice (“DOJ”) have issued controversial guidance. On October 28, […]

OHIO’S MINIMUM WAGE WILL INCREASE IN 2017

Ever since Ohio’s Constitution was amended in 2006, Ohio’s minimum wage correlates with the rate of inflation for the twelve months prior to September. The Ohio Department of Commerce has calculated the rate of inflation and determined that based on the consumer price index (CPI), Ohio’s minimum wage rates will slightly increase in 2017. Ohio’s […]

The Nuts and Bolts of Vendor Contracts

On November 14, 2016, Peter T. Zawadski served as a Co-Presenter at the Ohio School Boards Association’s 2016 Capital Conference in Columbus, Ohio. The topic of Peter’s presentation was, “The Nuts and Bolts of Vendor Contracts.”

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Understanding the Legal Claims of Testamentary Capacity and Undue Influence

In an article published in the November 2016 issue of the Journal of Financial Service Professionals, John Schiller discussed the two principal ways that a testamentary transfer of property can be challenged.andnbsp; In this piece, written with the assistance of Jamie Price, John also emphasized that one should have an understanding of the applicable state […]

NEW FEDERAL OVERTIME RULES BLOCKED; WILL NOT TAKE EFFECT DEC. 1

Yesterday evening, the Honorable Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas issued a preliminary injunction barring the Obama Administration’s implementation of new regulations regarding overtime eligibility for certain workers making less than $47,476 per year. Under the regulations promulgated by the United States Department of Labor in late […]

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 […]

Leveraging Board Involvement in the MandA 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 […]

President-Elect Trump in Position to Impede Labor Movement

As seen in Crain’s Cleveland Business on December 08, 2016. So here it is…yet another article on how the unexpected Trump presidency will affect business.andnbsp; This time the focus is on organized labor. I wrote multiple articles over the past few years about how an emboldened National Labor Relations Board (NLRB) grew its reach and […]

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2017 OHIO SUPER LAWYERS

Walter | Haverfield LLP is pleased to announce that nine of its attorneys were selected for inclusion on the 2017 Ohio Super Lawyers list. Super Lawyers selects attorneys as a result of a multiphase selection process, in which peer nominations and evaluations are combined with third party research. Candidates are evaluated on 12 indicators of […]

Outdoor Refreshment Areas Offer Major Appeal to Local Developers, But Only Time Will Determine Their Long-Term Feasibility

As seen in the November 2016 issue of Properties magazine. 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 […]

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 […]

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 […]

Marvinney Re-Appointed to FDCC Board of Directors

Craig A. Marvinney has been re-appointed to the Board of Directors for the Federation of Defense and Corporate Counsel (FDCC) for a second term. According to its website, the FDCC “…is dedicated to promoting knowledge, fellowship, and professionalism of its members as they pursue the course of a balanced justice system and represent those in […]

Firearms Require Special Considerations in Estate Planning

As seen in the November 7-13, 2016 issue of Crain’s Cleveland Business. Of all the unique assets that may be covered in the estate planning process, firearms perhaps present the most unique set of challenges and considerations. Owners of firearms need to make sure they disclose said ownership upfront in the planning process and seek […]

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The Sixth Circuit Steps into the Transgender Debate By Affirming The Highland Local Decision

The ongoing debate regarding the responsibilities of public school districts with respect to transgender students has continued to be fueled by a new decision from the United States Court of Appeals for the Sixth Circuit. On December 15, 2016, the Sixth Circuit issued an Order in Board of Education of Highland Local School District v. […]

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FEDERAL COURT RULES LOCAL GOVERNMENTS CAN RESTRICT UNIONS FROM CHARGING FEES

The Private Sector. Just before Thanksgiving, in a unanimous decision, the federal Sixth Circuit Court of Appeals ruled that local governments can enact right-to-work laws that will apply to private sector businesses and organizations whose labor relations are covered by the National Labor Relations Act (“NLRA”). Right-to-Work is shorthand for a law or ordinance that […]

Human Resources Legal Update

On January 24, 2017, Eric J. Johnson will be presenting a Human Resources Legal Update to the Northeast Ohio Association of School Personnel Administrators at the Educational Service Center of Cuyahoga County, in Independence, Ohio.

2017 ACUHO-I State of the Profession Institute

On February 1, 2017, Eric J. Johnson will serve as a panelist at the 2017 ACUHO-I State of the Profession Institute in Atlanta, Georgia. The panel will discuss the Fair Labor Standards Act (FLSA) as it applies to higher education and, in particular, campus housing and residence life operations.

Legal Update

Eric J. Johnson will provide a Legal Update to the Ohio Association of School Personnel Administrators Conference on March 3, 2017, in Dublin, Ohio.

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Will Chief Wahoo be around for another World Series? Latest related trademark battles could threaten longevity of controversial Indians icon

As seen in Crain’s Cleveland Business on November 15, 2016 No one would argue that the Cleveland Indians had a great run this past season. Thanks to their qualifying for the World Series, images of Chief Wahoo deluged our television screens, our print media and our social media postings. Beneath the fanfare, however, are some […]

EPA Proposes Ban on Certain Uses of TCE – Expanded authority allows regulation of chemicals already in commerce

In its first significant action under the Frank R. Lautenberg Chemical Safety for the 21st Century Act of 2016, the U.S. Environmental Protection Agency (EPA) has issued a proposal to ban the manufacture, import, processing, distribution and commercial use of the chemical trichloroethylene (TCE) for aerosol degreasing and spot cleaning in dry cleaning facilities. The […]

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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. A trademark is a word, phrase, symbol or design, or a combination of any […]

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. Starting January 22, 2017, employers must use this new version of the Form I-9 in connection with all new hires in the United States. Section 3 of […]

Company Succession Planning 101: Address basic questions before selling closely held business

As seen in Crain’s Cleveland Business on January 14, 2017. Closely held business owners know they someday need a succession plan, but most are focused on day-to-day operations and delay addressing the transition process. Company and family dynamics are unique to each situation, so there is no one-size-fits-all solution. Often, the hardest part is knowing […]

Expectations of the EEOC, OCRC and OCR

On February 2, 2017, Peter T. Zawadski spoke at a Compliance Officer Training program, organized by the Buckeye Association of School Administrators. The topic of Peter’s presentation, which was given in Columbus, Ohio, was, “Expectations of the EEOC, OCRC and OCR.”

New Tools and Potential Risks in Environmental Due Diligence

In an article published in the February 2017 issue of Properties magazine and titled, “New Tools and Potential Risks in Environmental Due Diligence,” Leslie G. Wolfe and David Ricco encouraged parties to real estate transactions to remain up-to-date on emerging issues in environmental due diligence, in order to increase the chances for the success of […]

Chambers USA

Congratulations to Ralph E. Cascarilla, Michael A. Cyphert, Irene M. MacDougall and Russell C. Shaw, who have been selected for inclusion in the 2017 edition of Chambers USA. Designated as “Leaders in their Field” by the London-based publisher, Chambers and Partners, they were recognized for their accomplishments in the following areas of practice: Ralph E. […]

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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 […]

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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 […]

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United States Supreme Court Creates New Standard for Provision of a Free Appropriate Public Education

On March 22, 2017, the United States Supreme Court, in the case of Endrew F. v. Douglas County School District RE-1, created a new standard for determining whether a student with a disability under the Individuals with Disabilities Education Improvement Act (IDEIA) has been provided with a free appropriate public education (FAPE). In Endrew F., […]

Attorney reviewing Elyria’s employee classifications

In an article published on March 29, 2017 in the Elyria newspaper, The Chronicle-Telegram, Susan Anderson was recognized for her work on behalf of the City of Elyria. In this article, reporter Lisa Roberson noted that Susan has been working to determine which city employees should fall under nonexempt status and, consequently, are eligible to […]

Wolfe co-chairs statewide environmental seminar for the Ohio State Bar Association

On March 30-31, 2017, Leslie G. Wolfe co-chaired the 32nd Annual Ohio Environment, Energy and Resources Law Seminar sponsored by the Ohio State Bar Association. The event was held at Nationwide Hotel and Conference Center in Lewis Center, Ohio and was attended by over 200 environmental attorneys and professional consultants. Highlights included a keynote address […]

Airline Seats: Know Your (Limited) Rights

Social media exploded recently when a passenger aboard a United Airlines branded flight was forcibly removed from his seat by airport security, in part to make room for four airline employees who needed to be at the intended destination to crew another flight. (No doubt to the chagrin of United CEO Oscar Munoz because the […]

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Episode One: Pending Before the Court, Part One

In our inaugural episode we talk about Fry v. Napoleon Community Schools, an education law case pending before the Supreme Court this term. What is the difference between IDEA and Section 504? What remedies are available to parents under these laws and how will the Court’s decisions affect school districts? Can parents take claims straight […]

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Episode Two: Pending Before the Court, Part Two

In the second part of our Supreme Court term preview, we explore Endrew F. v. Douglas County Schools, a case that addresses the most fundamental question in special education today: What level of education does a school district have to provide to its IEP students to meet federal FAPE obligations? Is any educational benefit enough […]

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Episode Three: Transgender Issues in Public Schools

Class Act: Updates in Education Law tackles a fascinating and controversial topic: What does the federal government require of school districts serving transgender students and how did we get here? Lisa and Miriam summarize recent regulations issued by the Office for Civil Rights and discuss some of the more prominent case law, including Gloucester County […]

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Episode Four: Religion and Schools: Part One

In this episode, Miriam and Lisa tackle a sometimes-thorny issue: students’ religious rights and how the First Amendment sometimes collides with school policies and practice. Learn about the law and enjoy a plethora of fascinating cases from all around the country! Can a district require students to cut their hair? Is student-led prayer before football […]

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New “Class Act: Updates in Education Law” Podcast to Help School Districts Manage Emerging, Challenging Issues

Educational podcast provides insights on latest court cases and helps guide school superintendents and administrators through quickly changing regulatory landscape To help school districts stay abreast of the latest court decisions and agency guidance and provide insights on best practices for handling today’s most complex issues, Walter | Haverfield education law attorneys Miriam Pearlmutter and […]

Intense competition for state-issued medical marijuana licenses necessitates advance preparation

In a “Legal Guest Blog,” published in Crain’s Cleveland Business on April 26, 2017 and titled, “Intense competition for state-issued medical marijuana licenses necessitates advance preparation,” Kevin P. Murphy asserted that applicants for medical marijuana licenses must be well-prepared if they hope to secure one of the limited number of licenses available in Ohio.

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Clay Named President of Cleveland Metropolitan Bar Association – Partner at Walter | Haverfield to help Association implement new strategic plan

Darrell A. Clay, a partner in the litigation services group of Walter | Haverfield, will assume the position of president of Cleveland Metropolitan Bar Association (CMBA) at the organization’s annual meeting on Friday, June 2. Clay, who has been practicing law since 1994, has been an active member of CMBA for 20 years. In addition […]

Walter | Haverfield Continues to Grow

Walter | Haverfield is pleased to welcome the following attorneys to the firm. Edward F. Caja joined Walter | Haverfield as an associate in 2016. Prior to joining W|H he developed a well rounded aptitude for innovation counseling with experience in various legal, business, and technical management positions across many organizational roles from original engineering […]

Drone Law

On June 23, 2017, Darrell A. Clay will be speaking at an NBI seminar on the topic, “Drone Law.” This seminar will be held at the Cleveland Metropolitan Bar Association Conference Center in downtown Cleveland.

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Questionably Offensive Trademarks Cleared for U.S. Registration

Court decision clears registration path for “questionably offensive” trademarks; could possibly negate challenges to use of Chief Wahoo logo By Jamie Pingor and Kevin Soucek. “Questionably Offensive Trademarks Cleared for U.S. Registration,” also appeared online in Crain’s Cleveland Business on July 12, 2017. On June 19, 2017, the U.S. Supreme Court ruled that the disparagement […]

Click at your own peril

In an article written by Timothy Magaw and published on July 29, 2017 by Crain’s Cleveland Business, Craig A. Marvinney advised companies to employ top-down programs in order to prevent cyber attacks.

Minimum staffing ruling means OT ahead for Elyria firefighters

In an article written by reporter Lisa Roberson and published on August 1, 2017 in The Chronicle-Telegram (Elyria), Susan Keating Anderson was quoted extensively on the agreement which settled the Elyria firefighters’ union’s collective bargaining contract. The title of this article is, “Minimum staffing ruling means OT ahead for Elyria firefighters.”

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U.S. Department of Education’s Office of Civil Rights Issues Instructions Regarding Complaints Involving Transgender Students

On June 6, 2017, Acting Assistant Secretary for Civil Rights, Candice Jackson, issued instructions to the directors of the regional offices of the U.S. Department of Education’s Office of Civil Rights (OCR) regarding complaints involving transgender students. The instructions come in response to three events that have impacted transgender law in public schools: (1) the […]

Americans are sick and tired of being sick and tired

An article by George J. Asimou was published in Crain’s Cleveland Business on August 6, 2017 and subsequently in Crain’s HR Guidebook. In this article, titled, “Americans are sick and tired of being sick and tired,” George discussed the Working Families Flexibility Act (H.R. 1180) and its bid to allow private sector employers to offer […]

Saluting the Best of the Best

We are pleased and honored that 15 of our attorneys have been selected for inclusion in the 24th edition of The Best Lawyers in America. First published in 1983, Best Lawyers based its 2018 listing upon the results of an exhaustive peer review survey, in which attorneys cast their votes regarding the legal abilities of […]

PTO Practices

In an article titled, “PTO Practices,” which appeared in the 2017 Summer Print issue of HR Cleveland (The Newsletter of the Cleveland Society for Human Resource Management), George J. Asimou asserted that employers need to continually review their paid time off (PTO) practices, in order to ensure that they are competitive.

Contributions to quasi-governmental public-private partnerships

In the August 2017 issue of The Tax Adviser, Alexis J. Kim authored an article titled, “Contributions to quasi-governmental public-private partnerships.” Through this article, donors may gain a better understanding of how a Sec. 115(1) organization can receive tax-deductible donations without having an IRS determination letter, and quasi-governmental agencies may secure a framework to use, […]

HNW Planning

On November 15, 2017, Gary A. Zwick will be speaking on the topic, “HNW Planning,” before the Society of Financial Service Professionals, in Independence, Ohio.

DOL Revisits Overtime Rule — Employers should expect some increase in salary floor

Employers across the nation may have thought they were done with changes to the overtime rule. Not so. Way back last November, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction barring the Obama Administration’s nationwide implementation of new regulations that would have established a higher salary threshold for certain […]

Developing New Ohio CandDD Recycling and Anti-Dumping Laws – Amended S.B. 2 extends authority of Ohio EPA director to safeguard public health

Northeast Ohio’s vibrant commercial real estate industry has not only triggered a construction boom, but has resulted in greater volumes of construction and demolition debris (CandDD) that must either be recycled or landfilled. While most of this material is sent to disposal facilities licensed under Ohio law or to recyclers that run responsible, environmentally-friendly operations, […]

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Patent and Trademark Registrations on the Rise – Are your business assets protected?

Let’s start with that oh-so-dreadful morning alarm on your iPhone®. That annoying sound forces you to get up from that oh-so-comfy Serta® mattress and sleepily walk to the kitchen to make that oh-so-delicious Starbucks® coffee. It’s your morning routine. It’s a routine saturated by someone else’s intellectual property. That jingle on TV–trademarked. Your iPhone®–patented. The […]

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Office for Civil Rights Rescinds Previous Guidance on Sexual Violence Investigations

  In another controversial move, the Office for Civil Rights (“OCR”) rescinded its previous guidance on sexual violence investigations. In 2011, OCR issued a “Dear Colleague” letter, requiring universities and school districts to respond to sexual violence accusations with a specific protocol, both for investigations and decision-making. A 2014 question and answer document offered additional […]

Ralph Cascarilla Recognized as Top Criminal Defense Lawyer in Ohio

  Walter | Haverfield’s Ralph Cascarilla has been named one of the top 100 criminal defense litigators in Ohio by America’s Top 100 Criminal Defense Attorneys. The organization chose Cascarilla, who represents individuals and corporations in government white-collar criminal investigations, via third-party research and ranking data. The search process took into account Cascarilla’s criminal defense […]

Walter | Haverfield is pleased to welcome Max Rieker and Rina Russo

  Max Rieker brings more than a decade of professional legal experience to Walter | Haverfield. With a focus on labor and employment issues, Rieker has successfully represented clients before various arbitrators, boards, commissions and trial and appellate courts throughout Ohio. He has extensive involvement in administrative investigations and prevailed in a variety of termination […]

Gender Identity’s Identity Crisis Under Title VII

  In an about-face move, the Department of Justice issued a memo this month indicating that its interpretation of Title VII of the Civil Rights Act does not protect individuals on the basis of gender identity. Title VII is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, […]

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Religion in the classroom

  In an article published by the Ohio School Boards Association, in its October 2017 issue of School Management News, Miriam Pearlmutter asserted that school districts attempting to resolve religious conflicts should consider the First Amendment’s Religion Clauses as well as federal and state laws on employee discrimination.

“Best Law Firms” Rankings Released!

On November 1, 2017, U.S. News – Best Lawyers announced their 2018 “Best Law Firms” rankings. This is the eighth consecutive year that these rankings have been issued, and Walter | Haverfield was pleased to learn that this year the firm was recognized for its achievements in 17 areas of practice. NATIONAL TIER 3 Land […]

Adviser: Trademarks are more valuable than ever

  Amazon.com launched a new program earlier this year to protect registered trademarks and crack down on counterfeiters. Sean Mellino, a partner in our Intellectual Property group, describes the program in Crain’s Cleveland Business and writes about the benefits of registering trademarks with the U.S. Customs and Border Protection.

State and Local Governments May Become “Drone Innovation Zones” Under New Federal Program

  The Drone Integration Pilot Program will allow state and local governments to propose local rules permitting otherwise prohibited uses of unmanned aerial systems (UAS, more commonly known as “drones”) in their jurisdictions. The program was established by a presidential memorandum and signed by President Trump on October 25, 2017. Two weeks prior, self-declared drone […]

Open to the public: The Trump administration’s impact on labor and employment law

  Don’t miss a fast-paced, one-hour seminar given by Walter | Haverfield’s George Asimou titled “A year later…How the Trump administration has changed the LandE landscape.” Asimou, an attorney in our Labor and Employment group, will speak at the Cleveland Society for Human Resource Management (SHRM) Legal Affairs Conference on December 1, 2017. The conference […]

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Patent and trademark registrations are on the rise; are your business assets protected?

Without patents and trademarks, some of the most valuable business assets in the U.S. would be left unprotected and vulnerable to misappropriation. In Crain’s Cleveland Business, James Pingor, chair of our Intellectual Property group, explains why legal protection for intellectual property should be a priority for business owners and entrepreneurs.

Bloodline trusts need to flex for future generations

  A bloodline trust can protect a family’s inheritance, but also provide the flexibility necessary to address the needs of future generations. Lacie O’Daire, a partner in our Tax and Wealth Management group, explains in Crain’s Cleveland Business how this flexibility may be useful to current and future beneficiaries of such a trust.

Reminder to Campaign Committees for Local Candidates: Post-Election Campaign Finance Reports Due on December 15, 2017

  With campaigning complete, ballots cast, and votes provisionally tabulated, it is time for campaign committees of local candidates to take down the yard signs and complete their post-election campaign finance reports. Generally, Ohio law requires the campaign committees for candidates whose name appeared on the ballot to file a post-election campaign finance report no […]

Behind the scenes of the Hall of Fame Village

The Johnson Controls Hall of Fame Village in Canton is considered to be one of the most complex real estate developments in the region in recent history.andnbsp; Walter | Haverfield has been a key player in the project since it began, and Crain’s Cleveland Business highlights the firm’s collective bench strength in completing the required […]

Sexual Harassment in the News: Employers Take Note

  Following the seemingly endless accusations of sexual harassment in Hollywood, on Capitol Hill, and in corporate America, employers may wonder what they can do to get ahead of the next potential headline in 2018. While it may be impossible to eliminate all conceivable claims of harassment, employers can take some steps to help avoid […]

New Change in Ohio Firefighter Cancer Claims

  It’s a hot topic that is the focus of many attorney commercials and frequently makes news headlines across the state. They’re called firefighter cancer claims, and they can have significant financial impact for victims, attorneys and employers. Earlier this year, state legislators amended the Ohio workers’ compensation law to allow current and retired firefighters […]

Ohio History Connection Releases New Record Retention Schedule for Schools

  The Ohio History Connection (previously the Ohio Historical Society) has just released an updated suggested record retention schedule for school districts. The template for this schedule can be accessed here. School districts are not required to adopt new record retention schedules simply because an update has been released. However, the updated suggested schedule is […]

Walter | Haverfield receives two Cleveland Rocks awards

  Walter | Haverfield is the recipient of two awards from the Cleveland chapter of the Public Relations Society of America (PRSA), which recognizes outstanding work in marketing communications each year. The firm’s education law attorneys received a gold Cleveland Rocks award for its podcast series titled, “Class Act: Updates in Education Law.” The organization […]

Chambers USA 2018

Congratulations to Ralph E. Cascarilla, Irene M. MacDougall and Russell C. Shaw who have been selected for inclusion in the 2018 edition of Chambers USA. Designated as “Leaders in their Field” by the London-based publisher, Chambers and Partners, they were recognized for their accomplishments in the following areas of practice: Ralph E. Cascarilla – Litigation: […]

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Walter | Haverfield’s Partnership Grows

  Sara Ravas Cooper and Shelly LaSalvia are Walter | Haverfield’s two newest partners. The additions bring Walter | Haverfield’s partnership to 38 members. “I am very proud of both Sara and Shelly’s accomplishments,” said Ralph Cascarilla, Walter | Haverfield’s managing partner. “They work extremely hard in their respective fields, and I look forward to […]

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Responding to parent requests for video footage in light of federal student privacy laws

  The Family Policy Compliance Office (“FPCO”) now offers school districts a tentative framework for responding to parents’ requests for videos. Often such footage – a security video of a cafeteria fight, for example – includes images of multiple students, which may all be individually protected by FERPA, the Family Educational Rights and Privacy Act. […]

State Bill Seeks to Strengthen School Safety by Defining Role of School Resource Officers

  In the wake of national and local school shootings, the Ohio legislature has before it a bill to define and strengthen the use of school resource officers. Introduced in August 2017 by Representatives John Patterson and Sarah LaTourette, House Bill 318 seeks to define the qualifications and responsibilities of a school resource officer (“SRO”), […]

Walter | Haverfield Expands Its Litigation Team

  Committed to its mission of offering superior service to a wide range of clients, Walter | Haverfield has hired Jessica Bradburn Loucks to its Litigation team. Loucks is a passionate, young attorney with experience in various phases of complex civil litigation. Her background includes in-depth involvement on a defense team for a Fortune 500 […]

Northeast Ohio Notable Women in Law

  Congratulations to Walter | Haverfield partner Christina Peer, who is featured in a special section of Crain’s Cleveland Business titled, “Northeast Ohio Notable Women in Law.” Crain’s recognized Peer for her strong education law practice as she and her team now represent nearly 15% of school districts in Ohio.

Business Owners: You’re Invited to an Event on June 6th

Please join Walter | Haverfield and Fairport Asset Management for a dual financial and legal program to help you tackle your business issues and seize opportunities. Using real-life examples of successful, multi-generational business owners, corporate transactions attorney Ted Motheral and wealth advisor Andrew Connors will offer best practices to help you grow and transition your […]

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Walter| Haverfield Expands its Litigation and Real Estate Teams

Committed to its mission of offering personalized service to our growing number of clients, Walter | Haverfield has hired Nicholas Buzzy to its Litigation team and Gail Bisesi to its Real Estate team. Buzzy is a dedicated, dynamic attorney with experience in wide-ranging complex litigation. The Northeast Ohio native has successfully defended multiple cases at […]

Walter | Haverfield Grows Its Partnership, Expands its Corporate Transactions Team

After more than three decades of litigating high-profile cases in Cleveland, Mark Wallach is joining Walter | Haverfield as partner. Wallach has handled nearly two dozen cases before the Ohio Supreme Court, including several major municipal law decisions and land use issues. In addition to working with public agencies, he also works with commercial entities […]

Notable Women in Real Estate 2018: Megan Zaidan

Crain’s Cleveland Business recognized Walter | Haverfield’s Megan Zaidan as one of Northeast Ohio’s Notable Women in Real Estate. According to her colleague Kevin Murphy, “She never fails her poise and composure during difficult and tense negotiations…Megan always remains calm and professional.”

Confusion remains over CBD oil sales

Walter | Haverfield’s Kevin Murphy says it’s likely that individual states will clarify the difference between hemp and other varieties of cannabis because federal law is “murky at best.” This article appeared in both The Canton Repository and The Independent.

Pinecrest Aims High

“Serving as legal counsel for the Pinecrest development was extremely rewarding,” said Kevin Murphy, a partner at Walter | Haverfield. Murphy’s comments about the Cleveland area’s newest mixed-use district appeared in Properties magazine.

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Walter | Haverfield Litigator Selected to Prominent Leadership Program

Jamie Price, an attorney who focuses her practice on civil, commercial and probate litigation, recently joined the Cleveland Bridge Builders class of 2019. The Mobile, Alabama native applied for the competitive 10-month program, which teaches participants how to create meaningful change around a civic issue impacting Northeast Ohio. “I sought out Bridge Builders to gain […]

Developing New Ohio C&DD Recycling and Anti-Dumping Laws

Northeast Ohio’s vibrant commercial real estate industry has not only triggered a construction boom, but has resulted in greater volumes of construction and demolition debris (CandDD) that must either be recycled or landfilled. While most of this material is sent to disposal facilities licensed under Ohio law or to recyclers that run responsible, environmentally-friendly operations, […]

Walter | Haverfield Attorney Named Workers’ Compensation Specialist

The Ohio State Bar Association (OSBA) has certified Walter | Haverfield attorney Margaret O’Bryon as a specialist in workers’ compensation law. O’Bryon is the only Ohio attorney to have received such certification in 2018. The OSBA certification program is accredited by the Ohio Supreme Court. Attorneys seeking certification must devote at least 25 percent of their practice […]

$60 Million Ohio City Development Deal Led by Walter | Haverfield Real Estate Team

Construction on a mixed-use Detroit Ave. project that includes apartments, retail and event space will soon begin, thanks to half a dozen real estate attorneys at Walter | Haverfield. The legal team represented Project 29 Partners, LLC, the developer behind the Church + State project. For the past year, Walter | Haverfield’s attorneys worked closely […]

Ohio Super Lawyers Honors Two Walter | Haverfield Attorneys

Walter | Haverfield attorneys Ralph E. Cascarilla and Irene M. MacDougall have received special recognition by Ohio Super Lawyers. Super Lawyers is a nationwide legal rating service with statewide divisions which evaluates attorneys based on independent research, peer nominations and peer evaluations. Ohio Super Lawyers has named Cascarilla to its 2019 “Top 100” Ohio attorneys list as well […]

Walter | Haverfield’s Partnership Grows

Josh Hurtuk, Rina Russo and Megan Zaidan are Walter | Haverfield’s three newest partners. The additions bring Walter | Haverfield’s partnership to 42 members. “Josh, Rina and Megan all demonstrate the talent and dedication needed to take their practice to the next level,” said Ralph Cascarilla, Walter | Haverfield’s managing partner. “I am very proud […]

Walter | Haverfield Expands its Intellectual Property Team

Committed to its mission of providing superior service to a wide range of clients, Walter | Haverfield is pleased to welcome Dave Grillo to its Intellectual Property team. As a registered patent attorney, Dave has extensive experience preparing and prosecuting patent applications in software, electrical, and mechanical fields for Fortune 100® companies, startups, and individual inventors. He is […]

Three Walter | Haverfield Attorneys Recognized by Prominent Legal Ranking Service

Chambers and Partners, a London-based independent research company that conducts rankings of law firms and attorneys, has selected Ralph E. Cascarilla, Irene M. MacDougall and Mark I. Wallach to be included in its 2019 USA guide. Cascarilla, MacDougall and Wallach are being recognized in the following practice areas after the company conducted numerous interviews with clients and general […]

Join our Team in Columbus

Walter | Haverfield, a top ten Cleveland-based law firm, is expanding our existing office in Columbus and hiring attorneys in all practice areas. We are looking for experienced, hard-working, self-starter individuals who are eager to grow their practice as well as the firm’s presence in the state capital. If you are interested in joining our […]

Bryan Jeffries Joins Columbus Office

In an effort to serve our growing number of diverse business clients in Central Ohio, Walter | Haverfield is pleased to announce that Bryan Jeffries has joined the firm as a partner in its Columbus office. Jeffries focuses his practice on commercial litigation as well as construction and business law. “Walter | Haverfield presented me a […]

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The Winning Streak of the Walter | Haverfield Trial Team

Two members of the Walter | Haverfield Litigation group are earning widespread recognition for their hard work and legal talents after back-to-back victories across state lines. The trial team, led by attorneys John Schiller and Jamie Price, worked tirelessly to restore clients’ reputations and preserve their financial well-being and future in three separate cases. At […]

Walter | Haverfield Attorney Wins Public Records Request Case Against Cuyahoga Community College Foundation

After a nearly two-year legal battle, Walter | Haverfield partner, Darrell Clay won a lawsuit against the philanthropic arm of Cuyahoga Community College (Tri-C) over a sought-after speaker’s contract. Clay represented Bill Sheil, an investigative reporter at Cleveland’s Fox affiliate, Fox 8, and the contract showed how much the Tri-C Foundation paid Academy-Award winning actress, […]

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Walter | Haverfield Expands Columbus Office, Grows its Education Team

As one of the few full-service law firms in Ohio with a dedicated education law practice, Walter | Haverfield is proudly adding two new attorneys to its team in the firm’s Columbus office. Both attorneys will serve an increasing client base of school districts in Central and Southern Ohio. Lisa Burleson joins Walter | Haverfield […]

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Walter | Haverfield Tax Partner Updates Tax Book for Family Businesses

First published in 1999, an updated and re-published version of “Tax and Financial Planning for the Closely Held Family Business” is now available for preorder. Gary Zwick, a partner and CPA with Walter | Haverfield’s Tax and Wealth Management group, wrote and updated the book with James John Jurinski. Jurinski is an attorney and CPA […]

The Music Settlement Honors Walter | Haverfield, Recognizes Real Estate Chair for Service

The Music Settlement, a 107-year-old Cleveland organization that offers early childhood education, music instruction and music therapy, awarded Walter | Haverfield its Corporation of the Year award at its 2019 annual meeting. The organization’s leadership also recognized John (Jack) Waldeck, chair of Walter | Haverfield’s Real Estate Services group, for his hard work and dedication […]

Walter | Haverfield Acquires Cleveland and Columbus Law Firms

Walter | Haverfield has acquired Hurtuk & Daroff Co., LLP, a Cleveland real estate and finance law firm. Separately, Walter | Haverfield has acquired Nardone Limited, a Columbus-based tax and business services law firm with a nationwide specialty in buying and selling dental practices. Both firms have wide-ranging practices and clients nationwide. The acquisitions are […]