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 […]
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, […]
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 […]
In the August 2010 issue ofandnbsp;The Tax Adviser,andnbsp;John E. Schillerandnbsp;discussed the potentially sensitive issue of trustee compensation in his article, “Trustee Compensation: Proceed with Caution.”
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 […]
The year 2012 presents U.S. taxpayers with a gift planning dilemma. As the law stands today, and at least until December 31, 2012, every person may transfer up to $5,120,000 (“Estate Tax Exemption”) of assets to any one or more persons (excluding spouses) without incurring estate or gift tax obligations. For a married couple, that […]
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 […]
Despite current market conditions that have caused the size of many other area law firms to remain stagnant or shrink, we are pleased to announce that Walter | Haverfield overall has grown by more than 20 percent in 2012 with a large percentage of the growth occurring in our Employment/Education Group. Since 2010, in fact, […]
In theandnbsp;Cleveland State Law Review, 61 Clev. St. L. Rev. 1105 (2013), Kevin R. McKinnisandnbsp;wrote an article entitled “The Good, the Bad and a New Kind of Prenuptial: An Analysis of the Ohio Legacy Trust Act and What Asset Protection Trusts Will Mean For Ohio”.
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 […]
In a Crain’s “Legal Guest Blog,” published on February 28, 2013 and titled,andnbsp;“Help avoid a lawsuit with a pre-emptive strike“andnbsp;Mark Fuscoandnbsp;comments on how to gain the upper hand when confronting a lawsuit from out of state.
Byandnbsp;David E. Schweighoefer andandnbsp;Lacie L. O’Daire The laws requiring changes to health care and benefits provided by employers are either already in force or will be in force in the next year or two. The impact upon you and your business will be greatly dependent on the actions you take in 2013. If you have […]
In a Crain’s “Legal Guest Blog,” published on April 18, 2013 and titled, “If arbitration is the answer, you may have asked the wrong question“, Mark Fuscoandnbsp;provides business owners and corporate decision makers items to be aware of when considering arbitration.
On July 15, 2013,andnbsp;Aimee W. Laneandnbsp;was recognized for her achievements in the field of Public Sector Law in a special section ofandnbsp;Crain’s Cleveland Business, titled “Who to Watch in Law.”
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 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 […]
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 […]
On October 24, 2014,andnbsp;R. Todd Huntandnbsp;spoke on the topic, “Those Legal Cases That Affect the Way You do the Public’s Business,” at the 2014 Cleveland Planning and Zoning Workshop, sponsored by APA Cleveland, in Westlake, Ohio.
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 […]
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 […]
In an article published inandnbsp;HR Cleveland, titled “After 20 Years, FMLA Still Creates Confusion and Frustration for Employers,”andnbsp;Patricia F. Weisbergandnbsp;provided advice on several items pertaining to FMLA which should be “top-of-mind” for employers.
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.
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.
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.
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.
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.
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 […]
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.”
In an article published in the January 2014 issue of Properties magazine and titled, “Progress in 2013 promises bright 2014 for commercial real estate in Cleveland,” John W. Waldeck, Jr. provided a summary of commercial real estate activity in Cleveland in 2013 and offered a glimpse at some of the projects which are scheduled for […]
In a “Law You Can Use” article, titled “Served via social media – the new ‘face’ of litigation” and published by the Ohio State Bar Association and Akron.com, Sara Ravas Cooper addressed the concept of “service of process” by social media in litigation matters.
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 […]
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 […]
The Sixth Circuit Court of Appeals, which has jurisdiction over Ohio, Michigan, Kentucky and Tennessee, recently issued an opinion finding that an employer may have discriminated against a pregnant employee who had a 50 pound lifting restriction when it refused to allow her to continue to work in a light duty job during her pregnancy. […]
In a “Legal Guest Blog,” published by Crain’s Cleveland Business and titled, “This could be a year of excessive pro-labor regulation,” Fredrick W. Englehart indicated that government activity could be favorable to unions in 2014.
In an article published on cleveland.com on February 4, 2014, titled “Cleveland’s victory in Supreme Court reinforces home rule, but it’s not a breakthrough for cities, expert says,” R. Todd Hunt was quoted on the Ohio Legislature’s efforts, over the last few years, to limit “home rule” for cities.
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 […]
In a Crain’s “Legal Guest Blog,” titled “Businesses increasingly find mediation a valuable tool for navigating the e-discovery process,” Sara Ravas Cooper explained how parties in a litigation matter can benefit from the use of a mediator to address e-discovery issues.
In an article published in the Heights Observer and titled, “John Gibbon, longtime CH law director, retires,” author Deanna Bremer Fisher recognized John H. Gibbon for his long and distinguished service as law director for the City of Cleveland Heights, Ohio.
John E. Schiller discussed end-of-life care issues in a “Health Care Guest Blog,” published by Crain’s Cleveland Business on March 4, 2014 and titled, “The challenge of addressing end-of-life care under the current health care model.”
In a “Real Estate Guest Blog,” published by Crain’s Cleveland Business on March 10, 2014 and titled, “Wicked winter weather demonstrates need for adequate force majeure clauses,” Joshua E. Hurtuk discussed the topic of force majeure clauses in commercial leases and construction contracts.
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: […]
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.
In theandnbsp;Ohio Probate Law Journal, Vol. 24, Issue 4, March/April 2014, 265, Kevin R. McKinnis wrote an article entitled “The New Kid of the Block: The Use of Ohio Legacy Trusts as an Alternative to a Prenuptial Agreement”,andnbsp;
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.
In a blog posted on the website of the Federation of Defense and Corporate Counsel (FDCC) and titled, “U.S. Supreme Court Upholds Michigan Constitutional Ban on Affirmative Action,” Craig A. Marvinney reviewed the Court’s decision in the case of Schuette v. BAMN, etc. In this decision, the Court upheld the Michigan electorate’s approval of “Proposal […]
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 […]
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 […]
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 […]
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 […]
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 […]
On June 18, 2014,andnbsp;Geoffrey S. Gossandnbsp;participated as a panelist at the Cleveland Metropolitan Bar Association’s Real Estate Section Spring Seminar. The topic of discussion for this panel was titled, “Essentials of a Commercial Transaction.”
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.
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 […]
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, […]
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 […]
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 […]
In an article published in the Fall 2014 issue of The Federation of Defense and Corporate Counsel Quarterly and titled, “Mediation in the United States Circuit Courts of Appeals: A Survey,” Craig A. Marvinney asserted that mandatory mediation programs appear to be here to stay in most circuit courts of appeals. Consequently, Counsel must be […]
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 […]
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. […]
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.
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.
In a “Real Estate Guest Blog,” published by Crain’s Cleveland Business on August 25, 2014 and titled, “The Ohio Historic Preservation Tax Credit Program gets a boost,” Nathan A. Felker noted that a forthcoming expansion of the state income tax credit available to those undertaking the rehabilitation of historic buildings may encourage them to embark […]
On August 13, 2014,andnbsp;Christina Henagen Peerandnbsp;spoke on the topic, “Legal Update for Paraprofessionals Working in School Districts,” at the Geauga County Educational Service Center, in Chardon, Ohio.
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.
In the article, “A Physician’s Last Chance,” published by the Federal Litigation Section of the Federal Bar Association (Vol. 10, No. 1, Winter 2010), Walter | Haverfield partner John Schiller and Michael J. Jordan Esq. discussed the challenges facing attorneys when contesting, through the state or federal court system, a physician’s loss of hospital privileges.
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 […]
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 […]
Byandnbsp;Stephen L. Byron,andnbsp;Aimee W. Lane,andnbsp;and Kalynne Proctor, Law Clerk On July 1, 2014, the U.S. Supreme Court agreed to review First Amendment challenges brought by Good News Community Church, alleging that a sign ordinance in the town of Gilbert, Arizona violates the right to free speech. Members of the church displayed 17 signs in the […]
Now, ten years after Ohio legislature mandated the creation of the Educator Standards Board (ESB) and five years after it was charged with recommending a model evaluation system for teachers and principals, the Ohio Teacher Evaluation System (OTES) is in full swing. Ohio educators have exited the first school year of full implementation of OTES […]
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.
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 […]
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 […]
In its October 6, 2014 issue, Crain’s Cleveland Business named Kevin Patrick Murphy as a member of its 2014 “Forty Under 40” class. Along with the other young professionals in this class, Kevin was recognized for his achievements and leadership in the Northeast Ohio business community.
In an article published in the October 2014 issue of Properties magazine and titled, “Expansion of Ohio’s Historic Preservation Tax Credit Program Takes Effect,” Nathan A. Felker addressed the new Ohio law which expanded the state income tax credit available to those who wish to preserve historically significant structures across the state.
Clients frequently seek legal advice when they are considering the start-up of a new venture or investing in an existing business. Challenging aspects of these deals include the tax issues that arise by virtue of different investors contributing different mixes of resources to the venture. Consider that some clients are the idea people who hold […]
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 […]
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 […]
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 […]
On October 10, 2014,andnbsp;Charles T. Riehlandnbsp;spoke on the topic, “Request for Qualifications and Request for Proposals – Design Build,” at a Lorman Seminar (“Public Contracts and Procurement Regulations in Ohio”), in Toledo, Ohio.
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 […]
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 […]
On October 10, 2014,andnbsp;Christina Henagen Peerandnbsp;andandnbsp;Sara M. Markoucandnbsp;addressed the topic, “Back by Popular Demand: I’m an Administrator, Not a Human Resources Manager,” at the Starting Point Annual Leadership Conference at Corporate College East (a division of Cuyahoga Community College), in Warrensville Heights, Ohio.
In a Crain’s “Real Estate Guest Blog,” published on October 27, 2014 and titled, “Negotiating Favorable Co-Tenancy Provisions in Retail Leases,” Tyler S. Bobes discussed co-tenancy provisions in retail leases and their potential financial impact upon landlords and tenants.
In an article published in Crain’s Cleveland Business on October 27, 2014 and titled, “Marijuana-based investing can have highs, lows,” Kevin Patrick Murphy provided some advice for real estate investors who may be interested in investing in the regulated cannabis industry.
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.”
On October 30, 2014,andnbsp;Christina Henagen Peerandnbsp;presented at the Cleveland Metropolitan Bar Association’s “8th Annual Special Education Law and Advocacy Update for Parents and Practitioners,” held at the CMBA Offices, in Cleveland, Ohio.
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 […]
In an article published in the November 2014 issue of the Novogradac Journal of Tax Credits and titled, “Revived Historic Structures Anchor Downtown Cleveland,” John W. Waldeck, Jr. was quoted on “The 9” project and the important role which tax credits played in making it a reality.
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 […]
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).
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.
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.
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 […]
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 […]
In a Crain’s “Legal Guest Blog,” published on December 9, 2014 and titled, “Beware of pouring another cup of cheer at holiday office parties,” Patricia F. Weisberg provided tips on how companies can minimize their liability while ensuring that their holiday office parties remain enjoyable for all who attend.
On December 8, 2014,andnbsp;Charles T. Riehlandnbsp;spoke on the topics, “Analyze the Land Subdivision Process” and “Understand the Development and Utilization of the Comprehensive Plan,” at the NBI Seminar (“Land Use Law: Current Issues in Subdivision, Annexation and Zoning”), in Independence, Ohio.
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 […]
Amazon warehouse workers will not be compensated fortime standing in security check lines Should an employee be compensated for time spent on before- or after-work-related activities such as standing in a security line or waiting to punch in? This has been the subject of intense debate throughout the court system for some time. However, a […]
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 […]
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 […]
In a Crain’s “Legal Guest Blog,” published on January 14, 2015 and titled, “Got a drone over the holidays? Be careful before flying it for a business purpose,” Darrell A. Clay noted that people piloting drones for commercial purposes must comply with FAA policy or risk possible sanctions for their activities.
In an article published in the January 19, 2015 issue of Crain’s Cleveland Business and titled, “Early planning yields best results when selling a business,” Jacob B. Derenthal outlined the steps which a seller should take in order to facilitate the sale of his/her business.
In a Crain’s “Real Estate Guest Blog,” published on January 26, 2015 and titled, “Air right parcels: An alternate way to structure mixed-use developments,” Jennifer A. Heimlich maintained that the use of an “air right parcel” model in the structuring of mixed-use developments can be beneficial to commercial property owners.
With more women in the workplace, pregnancy-related issues are an ever-growing reality for most employers. Whether a woman is already pregnant or is actively taking steps to become pregnant, she is protected by numerous federal laws, as well as differing state and local laws – all of which are constantly changing. In 2014 the Equal […]
Progress continues to be made on the East End redevelopment of the former Goodyear Tire and Rubber Co. campus off East Market Street in Akron. In November, Phase I of the redevelopment initiative was completed with the opening of the Hilton Garden Inn, Akron’s first full-service hotel to be built in more than 20 years. […]
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 […]
William R. Hanna and 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, […]
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 […]
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. […]
In a Crain’s “Legal Guest Blog,” published on March 27, 2015 and titled, “Family and Medical Leave Act rights have been expanded to same-sex couples,” Patricia F. Weisberg discussed the recent enactment of a “Final Rule” by the U. S. Department of Labor, which extended the Family and Medical Leave Act’s protections to married, same-sex […]
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 […]
In a Crain’s “Legal Guest Blog,” published on April 17, 2015 and titled, “Be aware of special legal restrictions when hiring teens this summer,” Patricia F. Weisberg advised employers about federal and state regulations which govern teen summer employment.
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 […]
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 […]
On March 26, 2015, the U.S. District Court for the Northern District of Texas preliminarily enjoined the same-sex spouse rule promulgated under the Family and Medical Leave Act (“FMLA”), as a result of Texas, Arkansas, Louisiana, and Nebraska filing a lawsuit to enjoin enforcement of the Department of Labor’s (“DOL”) rule. The rule, effective March […]
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 […]
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 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, 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 […]
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 […]
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 […]
Time magazine’s recent cover, depicting a mother nursing her almost 4-year-old son, brought the subject of breastfeeding into the spotlight as water cooler debate across the globe. The age-old issue of nursing mothers in the workplace, however, has long presented legal challenges and debate for both employers and employees alike. Much of this debate, and […]
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.
andnbsp;a Crain’s “Legal Guest Blog,” published on May 20, 2015 and titled, “Social media marketing accounts can create tangled employment-related issues,” Susan Keating Anderson provided guidance for employers looking to protect their social media assets.
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 […]
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 […]
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. […]
Few people would have imagined that the space that once housed a major bank could become the home to Cleveland central business district’s largest full-service supermarket. But with the opening of Heinen’s this past February in the renovated Cleveland Trust Building on East 9th Street in downtown Cleveland, history was made. The renovation has been […]
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 […]
Geoffrey S. Gossandnbsp;was named President of the University Settlement Board of Directors. University Settlement is a neighborhood center which provides social services to residents of southeast Cleveland’s Broadway-Slavic Village neighborhood.
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.
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 […]
On June 9, 2015,andnbsp;Craig A. Marvinneyandnbsp;spoke at The 2015 Litigation Management College Graduate Program, per the Federation of Defense and Corporate Counsel, at Emory University in Atlanta, Georgia. The topic of Craig’s presentation was, “Mediation of the Complex Case: Perspectives and Techniques to Achieve Excellent Results.”
Geoffrey S. Gossandnbsp;served as a panelist at the Novogradac New Markets Tax Credit Conference on June 11, 2015, in Washington, D.C. Geoff’s panel addressed the topic, “The Tale of Two Credits: HTC and NMTC.”
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 […]
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 […]
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 […]
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 […]
On June 30, 2015, the U.S. Department of Labor (“DOL”) finally issued the proposed rule which will expand overtime pay and reduce the group of employees who qualify for exemptions under the Fair Labor Standards Act (“FLSA”). You will recall that in order to qualify for a white-collar exemption under the FLSA, an employee must […]
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. […]
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 […]
On July 30, 2015,andnbsp;Craig A. Marvinneyandnbsp;spoke on the topic, “The Anatomy of The Hack Job: Sony, North Korea and International Trade Secretology,” at the Federation of Defense and Corporate Counsel 2015 Annual Meeting, Intellectual Property Section Program, in Banff, Alberta, Canada.
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).
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.
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 […]
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 […]
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 […]
$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 […]
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 […]
In a Crain’s “Real Estate Guest Blog,” published on October 26, 2015 and titled, “Avoiding federal tax liability when selling commercial real estate,” Tyler S. Bobes described “1031 like-kind exchanges” and outlined their benefits for commercial real estate investors.
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 […]
In a Crain’s “Legal Guest Blog,” published on November 3, 2015 and titled, “State of the union: What to expect from the NLRB and how to respond,” Marc J. Bloch noted that the NLRB, in the months leading up to the 2016 general election, can be expected to continue its practice of issuing pro-union decisions.
In an article which appeared in the November 2015 issue of Properties magazine, titled, “Attorney-Client Relationships: Avoiding Surprises, Conflicts of Interest,” Geoffrey S. Goss addressed the increasingly important role of “conflict waivers” in commercial real estate transactions.
In an article in a special “Estate Planning” section in the November 9, 2015 issue of Crain’s Cleveland Business, titled, “Revocable Trusts Offer More Control Over Distribution of Retirement Assets,” Lacie L. O’Daire noted that some familial situations may make a revocable trust the appropriate beneficiary for a retirement account.
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.
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 […]
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 […]
In a Crain’s “Legal Guest Blog,” published on December 8, 2015 and titled, “Preparing for the next big cybersecurity challenge: What we’ve learned from the Sony hack of 2014,” Craig A. Marvinney asserted that any organization with an IT system must be aware of the potential of being hacked, and should proactively act to protect […]
In an article in a special “Corporate Growth and M and A” section in the January 18, 2016 issue of Crain’s Cleveland Business, titled “Mitigate M and A risk through due diligence, deal structure and favorable terms,” Jacob B. Derenthal explained how participants in mergers and acquisitions can limit the risk arising out of their […]
In an article published in the January 2016 issue of Properties magazine and titled, “Challenges and Opportunities to Watch for in 2016,” Geoffrey S. Goss predicted an exciting and prosperous year ahead for Northeast Ohio’s commercial real estate market.
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 […]
The overtime rule is one of the more highly anticipated and contentious regulations to come out from the United States Department of Labor (DOL) in some time, and it is now expected to be released by July of this year. Once released, employers will likely have about 60 days to comply. Between now and then, […]
The vision for the redeveloped Pro Football Hall of Fame in Canton, known as the Hall of Fame Village, has been described by some people close to the project as the Disney World of football. While football fanatics and other visitors to the Pro Football Hall of Fame will likely marvel at the many projected […]
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 […]
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 […]
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 […]
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 […]
In an online article posted on February 3, 2016 by Crain’s Cleveland Business and titled, “New Department of Labor overtime rule is expected to cost businesses a bundle,” Patricia F. Weisberg warned employers to stay abreast of all Department of Labor changes, including anticipated overtime rule changes later this year, in order to avoid financial […]
On March 4, 2016, Christina Henagen Peer spoke at the 2016 OSBA Special Education Law Workshop, in Columbus, Ohio. The topic of her presentation was, “Providing FAPE to students who aren’t yours (and other unique scenarios).”
At the Cleveland Internship Summit on February 10, 2016, co-hosted by the Greater Cleveland Partnership and Cleveland State University, James M. McWeeney II appeared as one of the program’s featured speakers. James spoke on the topic, “Legal Aspects of Internships: Legal issues Employers Should Know.”
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 […]
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, […]
On February 25, 2016, Aimee W. Lane was a co-presenter at The CMBA’s Government Attorneys Section and the Northeast Ohio Law Directors Association’s “Annual President’s Day Seminar and Municipal Law Update.” At this program, held in Cleveland, Ohio, Aimee spoke on the topic, “4th, 5th, and 14th Amendment Issues Related to Code Enforcement.”
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 […]
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 […]
In an article published in the March 2016 issue of Properties magazine and titled, “Proposed City Ordinance Will Mandate Building Facade Inspections,” Jack Waldeck discussed the City of Cleveland’s effort to require building owners to conduct regular inspections of the facades of older buildings.
Earlier this month, the Internal Revenue Service (IRS) issued an alert to payroll and human resources professionals to be aware of a phishing email scheme that purports to be from company executives and requests personal information on employees. Several of our clients have been victimized by this scam. Payroll and Human Resource Professionals should ensure […]
On March 14, 2016, the U.S. Department of Labor’s Wage and Hour Division sent its proposed final rule revising the overtime regulations to the Office of Management and Budget (OMB). This review typically takes between 30 and 90 days. Once the final rule clears OMB review, it will be published in the Federal Register. Based […]
In a Crain’s “Real Estate Guest Blog,” published on March 18, 2016 and titled, “Focus on leasing basics now or suffer consequences later,” Sophia M. Deseran cautioned parties to commercial leases to pay attention to the details when the documents are being drafted, or face potential consequences down the road.
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.
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 […]
In a Crain’s “Legal Guest Blog,” posted on April 5, 2016 and titled, “Latest EEOC action likely to increase retaliation lawsuits against employers,” Lisa H. Woloszynek indicated that recent proposed guidance from the EEOC essentially redefines retaliation and leaves open the door for increased retaliation lawsuits and unfavorable decisions for employers.
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 […]
In a “Real Estate Guest Blog,” published by Crain’s Cleveland Business and titled, “Restaurant and bar leases require special considerations,” Megan C. Zaidan noted that landlords should pay special attention when leasing space to restaurants or bars, due to the unique and critical provisions often required in their least agreements.
In an article published in the April 2016 issue of the Cleveland Metropolitan Bar Journal and titled, “Board of Professional Conduct Issues New Guidance on Flat Fee Agreements,” Jamie A. Price discussed a recent advisory opinion addressing flat fee agreements, which was issued by the Board of Professional Conduct for the Ohio Supreme Court.
In an article published in the May 2016 issue of Properties magazine and titled, “Facade Inspections Mandate Adopted – with Sunset Clause,” R. Todd Hunt discussed the provisions of a recently-passed Cleveland ordinance which mandated facade inspections of older buildings in the city.
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 […]
In Tuesday’s much-anticipated decision, the Ohio Supreme Court held that an email exchange between a majority of board members may qualify as a meeting under Ohio’s Open Meeting Act. The plaintiff, a board member who conducted an independent inquiry into allegedly improper athletic expenditures, voted against a proposed board policy that would have limited similar […]
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. […]
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 […]
On April 26, 2016, the United States Department of Labor (DOL) issued a guide to assist employers required to comply with the Family and Medical Leave Act (FMLA). This guide is similar to the guide issued several years ago for employees. The guide is 76 pages long and is quite comprehensive. A copy of the […]
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 […]
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 […]
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, […]
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.
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 […]
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 […]
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 […]
In a Crain’s “Legal Guest Blog,” posted on June 27, 2016 and titled, “After Ohio legalizes medical marijuana, do employers still have final say on use in the workplace?,” Patricia F. Weisberg discussed House Bill 523, which legalizes marijuana in Ohio, and addressed its implications for Ohio employers.
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 […]
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 […]
In an article published in Crain’s Cleveland Business and titled, “Social media usage blurs legal guidelines for school districts,” Christina Henagen Peer asserted that social media has made the field of education law much more complicated and controversial.
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 […]
In an online article in Crain’s Cleveland Business, written by reporter Jeremy Nobile and titled, “Walter | Haverfield law firm is growing at record rate,” Ralph E. Cascarilla discussed the firm’s recent growth.
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,” 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 […]
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 […]
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 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
In a Crain’s “Real Estate Guest Blog,” published on October 29, 2016 and titled, “Expanded Motion Picture Tax Credits could impact real estate dealings,” John W. Waldeck, Jr. noted that Ohio’s recent increase of the Motion Picture Tax Credit could eventually lead to the construction of permanent sound stages and production studios in Northeast Ohio.
This “Law You Can Use” consumer legal information column was provided by the Ohio State Bar Association (OSBA). It was prepared by attorney Leslie G. Wolfe, a senior associate in the Cleveland office of Walter | Haverfield LLP and a member of the firm’s environmental law group.andnbsp;
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, […]
On November 1, 2016, U.S. News – Best Lawyers® announced their 2017 “Best Law Firms” rankings.andnbsp; This is the seventh 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 2 Land […]
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 […]
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.”
In an article published in the November 2016 issue of the Journal of Financial Service Professionals, Walter | Haverfield partner John Schiller discussed the two principal ways that a testamentary transfer of property can be challenged. Written with the assistance of Walter | Haverfield partner Jamie Price, John also emphasized that one should have an […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
In the “Law You Can Use” consumer legal information column provided by the Ohio State Bar Association (OSBA), published on December 22, 2016 and titled “Disposing of Household Waste: What Does the Law Require?,” Leslie G. Wolfe answered questions about the proper disposal of unwanted items.
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 […]
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 […]
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 […]
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. […]
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 […]
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.
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.
On February 28, 2017, Charles T. Riehl will be speaking on the topic, “Fracking and Local Governments – What Can Be Regulated?,” at the NBI Seminar (“Local Government Law from Start to Finish”), in Akron, Ohio.
On March 16, 2017, Kathryn I. Perrico and Christina Henagen Peer will provide a Compliant Data Collection and ESY Determination and Surviving ODE Audit Legal Update at the Summit County Educational Service Center, in Cuyahoga Falls, Ohio.
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 […]
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 […]
It’s early in the year. Famco’s employees are looking to get their taxes done. Anticipated refunds will ease the pain from holiday excess. The small manufacturer’s CFO sighs in relief that the rush to complete the corporate W-2s is done. Down the hall, Famco’s controller opens an email from his CEO. Nothing out of the […]
Americans spend a lot of time at work. A recent study published by Bloomberg.com, in fact, suggests that the average American works almost 25 percent more hours than the average person in Europe. The raw numbers are about 258 more hours per year which averages out to about an hour more each week day. Comparing […]
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 […]
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 […]
On January 17, 2017, Peter T. Zawadski spoke at the Legal Update Series, which took place at the Summit County Educational Service Center in Cuyahoga Falls, Ohio. The topic of Peter’s presentation was, “School Sports Law: Hot Legal Topics Involving School Athletics.”
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 […]
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.”
In an article published in the January 2017 issue of the Cleveland Metropolitan Bar Journal and titled, “Material Adverse Effect – How It ‘Affects’ M and A Transactions,” T. Ted Motheral provided an overview of “Material Adverse Effect” (MAE) in M and A transactions, along with a brief analysis of some important MAE cases.
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 […]
In an article published by Crain’s Cleveland Business on February 18, 2017 and titled, “Protect your creative assets – here and abroad,” D. Peter Hochberg maintained that, unless a company’s creative assets are protected with registered trademarks, it could be ripped off by it competitors or it may lose its marketing edge.
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. […]
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 […]
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 […]
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., […]
On March 27, 2017, Craig A. Marvinney, along with Supreme Court of Ohio Justice Sharon L. Kennedy, jointly taught a class on Oral Advocacy at Case Western Reserve University School of Law. This class, which was presented to the entire First Year Class and upper class Moot Court Co-Curricular students of CWRU, took place at […]
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 […]
“Small Claims Recovery Increased to $6000 – Should Your Business Be Thinking Small?,” also appeared online in Crain’s Cleveland Business on April 3, 2017. Late last year, Governor Kasich signed a law that doubled the maximum amount of money recoverable in small claims court, from $3,000 to $6,000. As with any new law, the increase […]
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 […]
In an article written by reporter Dan Shingler and published in both Crain’s Cleveland Business and Crain’s Akron Business, Alexis J. Kim discussed a letter issued recently by the IRS, which essentially guarantees a tax deduction for donors to the Summit County Land Bank.
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 […]
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 […]
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 […]
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 […]
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 […]
In an article in Crain’s Cleveland Business, published on April 22, 2017 and titled, “Tail-end funds can damage a portfolio,” T. Ted Motheral provided advice to investors on how to handle tail-end funds, in order to reduce the negative impacts they may have on a manager’s or investor’s portfolio.
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 […]
In a Crain’s Cleveland Business article written by Jeremy Nobile and titled, “Clock is ticking on marijuana investment chances,” Kevin P. Murphy provided advice to medical marijuana businesses looking to locate their operations in northeast Ohio.
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.
By Christine T. Cossler and Christina H. Peer.andnbsp; The Ohio Legislature passed House Bill 410 (H.B. 410) last December after considering the legislation for over a year. The bill became law on April 6, 2017. As of April 6, school districts must measure absences in hours, rather than days, and must adhere to new laws […]
In a Crain’s “Real Estate Guest Blog,” dated May 15, 2017 and titled, “Prohibited use clauses should make sense for the landlord and tenant,” Megan C. Zaidan asserted that prohibited use clauses in commercial leases can benefit both the landlord and tenant, but they must contain language which is flexible enough to balance the needs […]
In a Crain’s “Real Estate Guest Blog,” dated May 31, 2017 and titled, “New title curative statute will facilitate deals getting done, but beware of possible risks,” Joshua E. Hurtuk discussed the potential ramifications of a recent amendment to Ohio’s title curative statute.
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 […]
In an article in Crain’s Cleveland Business, published on June 4, 2017 and titled, “Cleveland bar association has new leader, same challenges,” new CMBA president Darrell Clay affirmed his commitment to the organization’s overall strategic plan, adopted in May 2016.
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 […]
We are pleased to announce that Darrell Clay who serves as vice-chair of our firm’s litigation services group, is now president of the Cleveland Metropolitan Bar Association (CMBA). Darrell, a 20-year member of the CMBA, was sworn in at the organization’s annual meeting on June 2. In addition to helping guide the operations of […]
In a Crain’s “Real Estate Guest Blog,” dated 6/13/17 and titled, “New Ohio plywood ban impacts limited number of properties, may set trend for future legislation,” Ellen Kirtner-LaFleur discussed Ohio’s plywood ban and the circumstances under which it takes effect.
On June 20, 2017, James M. McWeeney II will be the presenter at the Greater Cleveland Partnership’s Internship Central Webinar. In this webinar, Mr. McWeeney will address the topic, “Legal Aspects of Internships.”
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.
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 […]
In an article written for Bloomberg BNA by reporter Alex Ebert, Todd Hunt commented on the dispute between the City of Cleveland and Cleveland City Council regarding Council’s ordinance providing funding for the renovation of Quicken Loans Arena.
In an article published in the July/August 2017 issue of Ohio Township News and titled, “Private Letter Rulings Help Six Ohio Land Banks Aggressively Pursue More Land Donations,” Alexis J. Kim explained Walter | Haverfield’s role in securing IRS private letter rulings for six Ohio land banks.
In an article written by Douglas J. Guth and published online by Crain’s Cleveland Business on July 22, 2017, Christina H. Peer described Walter | Haverfield’s role in assisting school districts as they attempt to serve special needs students.
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.”
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 […]
On June 23, 2017, the U.S. Supreme Court issued its decision in the eminent domain case of Murr, et al. v. Wisconsin, et al., 582 U.S. ____ (2017). In Murr, the Court addressed whether two legally-distinct, but contiguous, commonly owned parcels should be treated as a single parcel in determining whether a regulatory taking has […]
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 […]
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 […]
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.
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, […]
On September 13, 2017, Charles T. Riehl will be speaking on the topics, “Analyze the Land Subdivision Process” and “Navigating Zoning Issues Before Local Governments,” at the NBI Seminar (“Local Government Law From Start to Finish“), in Toledo, Ohio.
On September 18, 2017, Christina Henagen Peer and members of Walter | Haverfield’s Education Law Section will be speaking at the “Special Education Legal Update: Session One” (program presented by Walter | Haverfield LLP, in partnership with the Educational Service Center of Cuyahoga County), in Independence, Ohio.
On October 27, 2017, Charles T. Riehl and R. Todd Hunt will speak on the topic, “Economic Development Incentives,” at APA Cleveland’s 29th Annual Planning and Zoning Workshop, in Mayfield Village, Ohio.
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 […]
Chances are, if you see a large commercial real estate development project going up in the region, our real estate team was likely involved. We are fortunate to be partnering with some of the most reputable developers, owners and lenders in the real estate business to maintain a large book of business that’s having a […]
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, […]
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 […]
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 […]
The ability to rent out your property to travelers has never been easier with the advent of websites such as AirBnB, VRBO and HomeAway, among many others. Through these sites, property owners are able to rent out a spare room, an apartment that’s rarely used, or a vacation home. However, as short-term rental options […]
The decision to legalize medical marijuana in Ohio represents an incredible business opportunity for Ohioans. But not everyone who applies for a medical marijuana processing or retail dispensing license in this highly competitive industry will be successful. To succeed, one must have a sound business plan and enough lead time to properly execute it. […]
It was nearly a year ago that Crain’s published my blog post headlined, “Will Chief Wahoo be around for another World Series?” So here we are again in familiar territory. The Cleveland Indians had another great season (even though the post-season was shorter than most of us had hoped) and sales of Indians-themed apparel […]
In an article titled “A Historic Move in Downtown Sandusky,” which appeared in the October 2017 issue of Properties magazine, Jack Waldeck discussed the creation of a new and expanded Downtown Historic District in the city of Sandusky, 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 […]
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 […]
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, […]
Irene MacDougall, a partner at Walter | Haverfield in the public and structured finance group, is one of 15 Northeast Ohio women to be recognized for her work in finance by Crain’s Cleveland Business. MacDougall received the recognition on the basis of her extensive legal experience, her continued success in the field, her commitment […]
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.
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 […]
In an article published in the October 2017 issue of the Cleveland Metropolitan Bar Journal, Leslie Wolfe discussed a new Ohio law which is meant to encourage legitimate construction and demolition debris (C and DD) recycling while prohibiting the operation of illegal dumps.
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.
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 […]
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 […]
Employers and employees should expect upcoming decisions by the U.S. Supreme Court to impact the workplace. Max Rieker, an attorney in our Labor and Employment group, writes about three potential landmark cases in Crain’s Cleveland Business.
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.
It was the night of February 2, 2017 – a night that ended in tragedy for Tim Piazza. And it all started with alcohol at a Pennsylvania State University fraternity where Piazza was a pledge. Two days later, after prosecutors in the case say Piazza drank excessively at the fraternity during a hazing ritual, […]
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.
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 […]
“Fair share” union fees may very well be on their way out in the public sector. On September 28, 2017, the United States Supreme Court agreed to accept the case of Janus v. American Federation of State, County, and Municipal Employees (AFSCME). This case revisits the constitutionality of fair share fees being imposed upon […]
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 […]
Many potential applicants for medical marijuana dispensary licenses have found it challenging to secure locations for their operations. Walter | Haverfield’s Kevin Murphy was quoted on this topic in an article in Crain’s Cleveland Business.
The Music Settlement’s newest location in Ohio City is a significant enhancement to the arts and education network on the near West Side. In an article in Properties magazine, Jack Waldeck explains how Walter | Haverfield’s behind-the-scenes efforts helped to make this project a reality.
It is with great sadness that we announce the passing of our longtime colleague and friend, Jim Mackey. Jim, 67, died Wednesday, November 29, 2017. “Jim’s contributions to our collective endeavors have been significant, and we will truly miss his spirit, tenacity and kindness,” said Ralph Cascarilla, Walter | Haverfield’s managing partner. A partner […]
Design patents on graphical user interfaces (GUIs) are the fastest growing area in design patent applications at the U.S. Patent and Trademark Office. Peter Hochberg explains why these are so important in an article which appeared in the November issue of the Cleveland Metropolitan Bar Journal.
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 […]
Individuals and businesses have until February 15 to pay unreported or underreported tax liabilities and avoid penalties, reduce interest costs Individuals and businesses that owe unreported or underreported tax liabilities as of May 1, 2017, have an opportunity to avoid all tax penalties and cut the interest they owe in half if they act by […]
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 […]
December 6, 2017 – Walter | Haverfield is pleased to announce that nine of its attorneys have been selected to the Ohio Super Lawyers list. An additional 11 attorneys have been selected to the Ohio Rising Stars list. The names of those honored are below. Each year, no more than five percent of the lawyers […]
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 […]
The Commercial Real Estate Women, Inc. of Cleveland (CREW) recently awarded Irene MacDougall the Deborah Rocker Klausner Leadership Award. MacDougall, a partner at Walter | Haverfield in the public and structured finance group, is the sole recipient of this 2017 award, which is granted annually. MacDougall received the recognition on the basis of her […]
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 […]
As we approach the first anniversary of President Trump’s inauguration, there are some emerging takeaways as to his administration’s priorities with regards to labor and employment law. Here’s a quick rundown of what we can glean, one year later: Show me your budget, and I’ll tell you what you value. The administration’s proposed budget for […]
Although liquor permits in Ohio are issued by the state, a municipality has the right to request a hearing on the renewal of any permit within its borders. It can do so by objecting to the permit’s renewal as provided in Ohio Revised Code §4303.271. All liquor permits in Ohio, for the sale of […]
Walter | Haverfield Attorney Brendan Healy is the firm’s newest fellow in the Cleveland Metropolitan Bar Foundation (CMBF). Healy, who practices labor and employment law as well as public law, joins an elite group of five other Walter | Haverfield attorneys who are also fellows. The CMBF extends nominations only to select members of […]
The 6th Circuit Court of Appeals has spoken: preemption under the Employee Retirement Income Security Act (ERISA) does not apply when a municipality is acting as a market participant. The 6th Circuit upheld certain bidding ordinances for municipal projects that favored companies providing health and pension benefits to employees. On January 4, 2018, the 6th […]
The Ohio State Bar Association (OSBA) has certified Walter | Haverfield Attorney Max Rieker as a labor and employment specialist. Rieker is one of two newly certified labor and employment specialists in the state. Attorneys seeking certification must devote at least 25 percent of their practice to their particular field of law, submit five […]
In response to the recent wave of sexual harassment allegations and the #MeToo movement, the 2017 Tax Cuts and Jobs Act includes a provision some call the “Harvey Weinstein tax.” Specifically, the law amends the Internal Revenue Code to prohibit a business from deducting the costs of a settlement payment (including attorneys’ fees) for […]
The numbers are ever-increasing: Facebook currently reports 2.01 billion users; LinkedIn has 500 million members; Twitter comes in at 330 million users; and YouTube reports approximately 5 billion views per day. Social media is not going away, but instead becoming more prevalent every day. While there can be positive aspects to staff members’ use of […]
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: […]
A new federal program that allows willing communities to serve as guinea pigs for futuristic drone operations is underway. Walter | Haverfield attorney Jessica Trivisonno explains “drone innovation zones” in the January/February issue of Ohio Township News.
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 […]
Alexis Kim, an associate in the Tax and Wealth Management group at Walter | Haverfield, is one of 27 graduates of the OnBoard Cleveland class of 2018. OnBoard Cleveland, a program of the Cleveland Leadership Center, helps early-career professionals make a difference in their community and their workplace. “OnBoard Cleveland gave me the guidance […]
Walter | Haverfield partner Darrell Clay led a panel discussion at the Cleveland Metropolitan Bar Association on the topic of #MeToo and sexual harassment in the legal profession. Cleveland.com recapped the discussion, which included attorneys from other local firms.
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. […]
A recent U.S. Supreme Court decision about cheerleading uniforms is likely to have a significant impact on the fashion industry, prompting more designers to apply for and enforce copyright of their work. In Star Athletica, LLC v. Varsity Brands, Inc., the court ruled that merely decorative, and not functional, elements in a cheerleading uniform […]
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”), […]
While there is no federal law expressly prohibiting sexual orientation and gender identity discrimination in employment, two federal appellate courts have recently expanded the rights of gay and transgender employees. The Second Circuit Court of Appeals, which presides over New York, Connecticut and Vermont, ruled that employees are protected from discrimination on the basis […]
The United States Supreme Court recently heard oral arguments in two cases that may significantly impact local government. One case pits First Amendment free speech rights against the right of a local legislative body to control its meetings. The second case challenges a rule established in 1977 requiring public employees to pay “fair share” […]
There has been a great deal of ‘buzz’ lately over the Qualified Business Income Deduction (QBID). The QBID was recently made available to pass through business owners under the Tax Cuts and Jobs Act that the President signed into law in 2017. Under new Internal Revenue Code Section 199A, pass through business owners are […]
A dishonest auto repair shop and its shoddy work prompted a local woman to attend a Legal Aid clinic. She needed advice on how to get her money back. That’s where she met Legal Aid volunteer and Walter | Haverfield attorney, Leslie Wolfe. Their story appeared in Poetic Justice.
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 […]
The U.S. Supreme Court will not review an appellate court decision which held that a leave of absence from work lasting several months is not a reasonable accommodation under the Americans with Disabilities Act (ADA). That decision came from the Seventh Circuit Court of Appeals, which covers Illinois, Indiana and Wisconsin. The plaintiff […]
Economic development is often associated with TIFs, CRAs, JEDDs, and the alphabet soup of other acronyms used by local governments to convince developers to choose their community as the site for new development. But establishing intuitive, user-friendly land use and development policies and procedures is an equally important and often overlooked method of attracting and […]
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.
Walter | Haverfield partner Bill Hanna applauded the recent passage of legislation in Ohio, which permits some municipal authority over small-cell telecommunications equipment installations along main streets and in residential neighborhoods, in an article in Crain’s Cleveland Business.
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 […]
1. Check the city’s zoning code When you are selecting the location of your new restaurant, make sure to check the local zoning code to ensure that your restaurant will be permitted to operate in that location. Take a look at that code to not only confirm that your use is allowed, but that […]
Ben Chojnacki, an attorney who focuses his practice on public law, sports law and litigation, is a 2018 graduate of the Cleveland Bridge Builders. Chojnacki is the third Walter | Haverfield attorney to complete the 10-month long program, which teaches participants how to become effective leaders and create meaningful change around a civic issue […]
Design patents may provide an avenue to protect important and valuable intellectual property rights. Many products derive significant value from their visual appearance such as product design or ornamental features that can be protected via a design patent. The United States Patent and Trademark Office (USPTO) defines a protectable design as one that “consists of […]
On June 27, 2018, the United State Supreme Court in Janus v. AFSCME, overruled its 1977 decision of Abood v. Detroit Board of Education, and held that unions may not charge “agency fees” (known as “fair share fees”) to public employees who choose not to join the union. The Court found that payment of fair […]
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 partner Gary Zwick was quoted extensively in an article in Tax Notes, which is a premier national publication in tax law. Gary discussed the benefits of family limited partnerships and the tax ramifications when those partnerships are liquidated.
Walter | Haverfield’s Alexis Kim explained the Bipartisan Budget Act of 2018 in the Cleveland Metropolitan Bar Journal. The act provides an exception to the excess business holding rules for certain philanthropic businesses.
Walter | Haverfield attorney Todd Hunt offers his perspective in Crain’s Cleveland Business about an Ohio bill aimed at curtailing what some cities consider price gouging over water and sewer service rates.
Attorney Rina Russo explains the steps employers must take when responding to an employee’s request for an extended leave of absence from work. Her article appears in the Council of Smaller Enterprises’ (COSE) e-newsletter, “Mind Your Business”
“Disparaging or offensive language is prohibited.” “Employees may not engage in disrespectful conduct.” The above rules might seem reasonable to you or perhaps you have seen them in your own company’s employment policies. However, prior to the National Labor Relations Board’s (“NLRB”) ruling in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), these types […]
We are pleased and honored that 15 of our attorneys have been selected for inclusion in the 25th edition of The Best Lawyers in America. First published in 1983, Best Lawyers based its 2019 listing on the results of an exhaustive peer review survey, in which attorneys cast their votes regarding the legal abilities of […]
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 […]
The state agency overseeing the implementation of Ohio’s medical marijuana program recently clarified where cannabidiol (CBD) products can be sold in the state. And that is causing confusion to the corner stores and gas stations, which often sell the products. Walter | Haverfield’s Kevin Murphy clarifies what’s legal in Crain’s Cleveland Business.
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.”
On September 13, 2018, the National Labor Relations Board (NLRB) announced its new proposed rule regarding its joint employer standard. It provides that an employer may be determined a “joint employer” of another employer’s employees: 1) if the first employer “possesses and exercises substantial, direct and immediate control over the essential terms and conditions of […]
Ohioans may soon be able to place bets on their favorite sports teams in bars and casinos throughout the state. This past spring, the U.S. Supreme Court struck down a 1992 federal law in Murphy v. National Collegiate Athletic Association that had effectively banned sports betting in most states. This decision has opened the door for states […]
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.
It’s a U.S. Supreme Court decision that city and county council members should know. Walter | Haverfield’s Sara Fagnilli explains how the case pitted First Amendment free speech rights against the right of a local legislative body to control its meetings in Ohio Township News.
“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.
Every commercial landlord should be familiar with the phrase “retail apocalypse.” It’s a phrase that refers to the recent epidemic of retail store closings, many of which were the result of those companies filing for bankruptcy. Unfortunately for landlords, store closures and other vacancies are trends that do not appear to be slowing. And it’s […]
Retail landlords should be aware of their rights and restrictions when dealing with a tenant in bankruptcy, according to Walter | Haverfield’s Patrick Hruby, writing for the Cleveland Metropolitan Bar Journal.
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 […]
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, […]
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 […]
Ohio recently passed a law that requires a wide range of professionals who interact with impaired seniors to immediately report suspected cases of neglect, abuse or exploitation. Those professionals include health care workers, attorneys and CPAs. The law identifies seniors, 60 years or older, who are handicapped due to aging or have physical or mental […]
Many political subdivisions in Ohio have credit card use policies to ensure that credit card accounts are only used for authorized purchases and to establish procedures for the issuance, management, use, and cancellation of credit card accounts. These policies will need to be reviewed and updated to comply with a new Ohio law (House Bill 312) […]
U.S. News – Best Lawyers® has recognized Walter | Haverfield as a national “Best Law Firm” for its land use and zoning law practice. The firm also received 15 regional rankings ranging from litigation to real estate to education law. Land use and zoning law focuses on public efforts to shape the use and development of […]
Sara Fagnilli, an attorney in the firm’s Public Law group, is in Serial, a podcast that shares stories from inside the Cuyahoga County courthouse during its third season. Fagnilli was the special prosecutor in the controversial case of Euclid resident, Erimius Spencer. The details of Spencer’s case, Fagnilli’s role in it and the outcome are all […]
In Ohio, public agencies are required to make many of their working documents available for public inspection or copying upon request. The Ohio Public Records Act makes it clear that, with few exceptions, the public records process must be both transparent and timely. Public agencies are frequently asked to balance their limited resources with their […]
Ruling could foretell issues to come in Ohio and the rest of the country While questions remain about student use of medical marijuana in Ohio schools, a California administrative law judge (ALJ) ruled that a kindergartner be allowed to bring cannabis oil to school for use as needed. The ALJ made the ruling in September, […]
A team of more than a dozen Walter | Haverfield attorneys have made a vision for downtown Akron a reality. Acting as lead counsel, the team closed on the $42 million Bowery Project beginning on Nov. 15th, 2018. Construction started the next day. The project includes 40,000 square feet of retail, residential and mixed-use […]
Walter | Haverfield is pleased to announce that nine of its attorneys have been selected to the Ohio Super Lawyers list. An additional eight attorneys have been selected to the Ohio Rising Stars list. The names of those honored are below. Each year, no more than five percent of the lawyers in the state are […]
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 […]
On August 13, 1932, Western Reserve School of Law graduate Paul W. Walter, the son of German immigrants, joined several hundred recently graduated attorneys in Cleveland’s Engineers Building where they were to be sworn into the Ohio Bar. It was before the start of this momentous ceremony that Walter stood up in the crowd and […]
This fall, the Occupational Safety and Health Administration (OSHA) issued a memorandum clarifying its position on post-incident drug testing. In the memorandum, OSHA noted that drug testing used to evaluate the underlying cause of a workplace incident that harmed or could have harmed an employee is lawful. However, OSHA cautioned that if an employer does […]
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 […]
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 […]
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 […]
2019 will likely be the return of the Overtime Rule, which was initially issued by the Obama-era Department of Labor (DOL) and later blocked by a federal district court judge in late 2016. That was after many employers spent considerable time and effort preparing to comply with the requirements of the Overtime Rule. The rule […]
In the Columbus Jewish News, Walter | Haverfield attorney Kevin Murphy explains how Canadian dispensaries may play a role in Ohio’s medical marijuana program and how the current pace of the program is a telling sign for what’s to come.
On March 7, 2019, the Department of Labor (DOL) issued its new overtime rule, which proposes raising the minimum salary threshold to qualify for the white-collar exemptions from minimum wage and overtime pay requirements from $455 per week ($23,660 per year) to $679 per week ($35,308 per year). With this rule, the DOL has not […]
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 […]
One might think that the long-established Fair Labor Standards Act (FLSA), which governs minimum wages and overtime, would be easily understood by employers today. After all, it turned 80 years old in 2018. However, an uptick over the past few years in FLSA wage and hour lawsuits continues to prove that employers aren’t paying […]
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 […]
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 […]
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 […]
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 […]
Arthur Steinmetz, who served as Walter | Haverfield’s managing partner from 1989-1991, died on June 23, 2019. He was 93 years old. A recipient of a Purple Heart, Steinmetz survived sniper fire in Germany while serving in World War II. Germany is also where the lifelong Cleveland-area resident met his wife of 67 years, Thea […]
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, […]
At one time, it was common for employers to offer maternity leave to new mother employees, but not offer any leave to new father employees. However, in 2015, the Equal Employment Opportunity Commission (EEOC) issued its most recent enforcement guidance for employers on parental leave policies: “[E]mployers should carefully distinguish between leave related to any […]
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 […]
Ohio’s two-year state budget calls for funding for new support services outside Ohio’s public school classrooms, changes how money is spent on low-performing school districts and places new graduation requirements on the class of 2023. And though the budget contains additions and changes, the governor’s signature came with vetoes which will also impact districts. The […]
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 […]
We are honored that nearly 25% of our attorneys have been selected for inclusion in the 26th edition of The Best Lawyers in America. First published in 1983, Best Lawyers based its 2020 listing on the results of an exhaustive peer review survey, in which attorneys cast their votes regarding the legal abilities of other […]
On September 24, 2019, the Department of Labor (DOL) announced its final overtime rule, setting the minimum salary threshold to qualify for the white-collar exemptions (executive, administrative, and professional) from minimum wage and overtime pay requirements at $35,568.00 per year ($684 per week). This is slightly higher than what was previously proposed by the DOL […]
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 […]
The ultimate fate of the Justice Center is still up in the air, currently being scrutinized by a small army of consultants, urban planners, and committees. From what we know, at least one proposal on the table calls for the demolition of the existing complex and replacement by a newer, shinier successor on the same […]
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 […]
U.S. News – Best Lawyers® has recognized Walter | Haverfield as a national “Best Law Firm” for its land use and zoning law practice. The firm also received 16 regional rankings ranging from real estate to litigation to education law. Land use and zoning law focuses on public efforts to shape the use and development […]
Walter | Haverfield is pleased to announce that 12 of its attorneys have been selected to the Ohio Super Lawyers list. An additional eight attorneys have been selected to the Ohio Rising Stars list. The names of those honored are below. Furthermore, Walter | Haverfield partners Darrell A. Clay and Mark Wallach made the list of the Top 100 […]
Following a grassroots campaign in which he championed positive change for the city of Willoughby Hills, Walter | Haverfield senior counsel G. Andrew Gardner is the newest mayor of the quaint east side Cleveland suburb. Gardner, who was raised in Willoughby Hills, was sworn in January 1st, 2020 for a four-year term. He won the […]
It was January 1980 when 22-year-old Gary Bloom walked into a 12-lawyer firm in downtown Cleveland for a job interview. “I was looking for a position out of school, but not necessarily at a law firm,” said Bloom of South Euclid. Bloom had just graduated from nearby John Carroll University, and a family friend who […]
M&A closings don’t always go as planned, and in some cases can be considered coordinated chaos. Parties often work around the clock in hopes of meeting the infamous wire deadline, typically resolving final issues on the day of closing. Once handled in an archaic “round-table” fashion, and sometimes still, the closing process lags behind technological […]
The SECURE Act became law on December 20, 2019. Retirement plan sponsors, fiduciaries, and third party administrators must understand and implement several changes in pension law that affect employee stock ownership plans (ESOPs), 401(k) plans, and simplified employee pension plans (SEPs). Walter | Haverfield is providing this summary of key provisions to our valued clients […]
Admiration for their father and curiosity about his career fueled Josh and Alex Hurtuk’s interest in real estate law from a young age. “Alex would draw up contracts around the house and hide parts of it so I couldn’t tell what I was signing,” recalls Ed Hurtuk, father of Josh, 33, and Alex, 27. “He […]
March 10, 2020 As COVID-19 (coronavirus) spreads into Ohio, it’s important for employers to be prepared in their response to employees who are sick and be ready for the impact of the virus on the workplace. According to the Centers for Disease Control and Prevention (“CDC”), typical COVID-19 symptoms include fever, cough, and shortness of […]
Updated: July 22, 2020 Dear Clients, Friends and Partners: At Walter | Haverfield, we take the health and safety of ourselves and those around us very seriously. In light of the COVID-19 pandemic, we want to reassure you that we are monitoring the situation closely, following our safety protocols and working diligently to continue our […]
March 13, 2020 Ohio schools are actively instituting Governor Mike DeWine’s mandatory three-week closure of all elementary and secondary schools, including public, private, and charter schools, in an attempt to battle the spread of the novel coronavirus (COVID-19). This comes at the same time that schools across the state were gearing up for spring testing […]
March 15, 2020 The coronavirus (COVID-19) crisis is evolving on a daily basis. On March 11, 2020, the World Health Organization (WHO) has declared the outbreak a pandemic. Government agencies, businesses, and employers are all struggling to react as effectively as possible. This guidance is based on currently known information surrounding COVID-19 and is subject […]
March 16, 2020 On March 14, 2020, the Ohio Department of Education (ODE) issued a Frequently Asked Questions (FAQ) document designed to “help school and district leaders think through important local-level decisions.” The FAQ document indicates it was developed in partnership with Ohio’s education associations as well as some of Ohio’s most trusted and innovative […]
Updated: May 27, 2020 Cuyahoga County: Cuyahoga County Court of Common Pleas The court will still not hold any jury trials until at least Aug. 1, and judges will not be able to call bench trials, where a judge instead of a jury renders a verdict, until at least July 1 All pretrial hearings will […]