Even in the age of tort reform, lawsuits are prevalent and an inherent cost of doing business. For most companies, it is not a question of if you will be sued, but when. Preparing for inevitable and arming yourself when that time comes are vital to protecting your interests and ensuring the longevity of your company’s success. To assist in that process, below are a few general do’s and don’ts for litigation success. Do: (1) Take any lawsuit filed against you seriously: By far one of the biggest mistakes businesses make when they are sued is not taking the complaint …
Supreme Court Holds Mandated Public Sector Union Agency Fees Unconstitutional
On June 27, 2018, the United States Supreme Court declared that fees charged to dissenting employees pursuant to a union agency shop arrangement violates the First Amendment. In a 5-4 vote in Janus v. AFSCME, Council 31, No. 16-1466, the court found in favor of Mark Janus, an Illinois public employee who refused to join the union yet had so-called agency or “fair share” fees taken from his paycheck every month, adding up to more than $500 each year. In finding for Janus, the Court overturned a 1977 decision, Abood v. Detroit Board of Education. There, a group of Detroit …
Recent Tax Legislation Eliminates Deduction for Confidential Sexual Harassment Settlements
Last December, Congress responded to an avalanche of sexual harassment and abuse claims across the country by including a provision within the Tax Cuts and Jobs Act at Section 13307 impacting an employer’s ability to obtain a tax deduction for settlements paid that include nondisclosure agreements. Internal Revenue Code Section 162(q) now provides that no deduction will be allowed for any settlement or payment related to sexual harassment or sexual abuse if such settlement or payment is subject to a nondisclosure agreement. Deductions for attorney’s fees related to such confidential sexual harassment settlements or payments are also prohibited. The drafters …
New Paralegal Joins Coolidge Litigation Department
The law firm of Coolidge Wall Co., L.P.A. is pleased to announce that Erika Shellhammer has joined the firm as a paralegal in its Litigation Department. Erika brings more than 25 years of experience to the firm. She has focused on litigation paralegal support for the past 18 years with firms in Dayton and Troy. Erika supports attorneys in all aspects of litigation, including discovery, research and trial preparation. “Erika is a great addition to the Litigation team,” said Richard Talda, Chair of the firm’s Litigation Department. “She brings a wealth of litigation support experience to Coolidge and our clients.” …
Supreme Court Upholds Mandatory Employment Arbitration Clauses, Even Those Prohibiting Class Action Proceedings
In a major victory for employers, the Supreme Court of the United States has ruled that individualized arbitration clauses in employment contracts are enforceable. In Epic Systems Corp. v. Lewis, the Supreme Court determined that the Federal Arbitration Act is compatible with, rather than opposed to, other federal statutes such as the National Labor Relations Act. The most recent Justice, Neil Gorsuch, wrote the 5-4 majority opinion. The decision provides that employers can insist on individualized arbitration clauses in their contracts with employees and preclude employees from bringing class or collective actions in court. The employees in the case had …
Deferring Taxes through Qualified Opportunity Funds
Background Most taxpayers are aware of the lower tax rates and the new pass-through business deduction implemented by the Tax Cuts and Jobs Act of 2017 (the “Tax Act”). However, two less publicized sections, 1400Z-1 and 1400Z-2, added by the Tax Act provide taxpayers an opportunity to defer and even reduce taxes on the sale of property. Under these sections, when a person sells or exchanges property, that person may defer paying taxes on any gain by reinvesting the proceeds in a “qualified opportunity fund” (a “Qualified Fund”). Generally, investing in a Qualified Fund allows a person to defer all …
New Associate Joins Coolidge Labor and Employment Department
The law firm of Coolidge Wall Co., L.P.A. is pleased to announce that Matthew T. Crawford has joined the firm as an associate in its Labor and Employment Department. Matt’s practice focuses on counseling employers in addressing and creating solutions for a wide variety of workplace issues. He has secured dismissal of unfair labor practice charges before the National Labor Relations Board and State Employment Relations Board. In addition, he has successfully represented clients in arbitration proceedings, in litigation matters and before administrative agencies. Matt also brings experience in collective bargaining negotiations, public sector fact-finding, union elections, mediation and counseling …
Coolidge Wall Attorney Blankenship Selected for Dayton Business Journal’s 2018 “Forty Under 40” Honor
Coolidge Wall Co., L.P.A. is pleased to announce that Amy Blankenship, an attorney in the firm’s Public Sector Law Department, has been selected as a recipient of the Dayton Business Journal’s prestigious 2018 “Forty Under 40” award. In announcing the award, the DBJ said this is the 21st year that the publication has honored, “the region’s brightest young professionals” and that “nearly 200 people from around the Miami Valley were nominated this year.” The winners will be recognized at an awards gala on May 17th. “Amy is truly deserving of this award,” said Chris Conard, Chair of Coolidge Wall’s Public …
Opportunity awaits small business owners who are PREPARED to sell their business
According to a report published by BizBuySell.com, an online market place for small business sellers and brokers, the number of small businesses which sold in 2017 increased by 27% over 2016. Based on survey data, this growth in business transactions was driven by: (1) strengthening revenue and profits of small businesses; (2) an increasing number of owners looking to sell; and (3) an increase in the number of qualified buyers in the market. The survey data suggests that the number of businesses sold will continue to grow into 2018. Prepare to Take Advantage of These Trends If a business owner …
Coolidge Estate Planning and Tax Department Continues to Add Attorneys and Expand Services to Clients
Coolidge Wall Co., L.P.A. is pleased to announce that three attorneys – R. Michael Osborn, Javan A. Kline and Thomas W. Langevin – have joined the law firm’s growing Estate Planning and Tax Department. Mr. Osborn joins Coolidge after working at a Springfield, Ohio law firm for more than 17 years. His practice focuses on business and tax planning for the family and closely held business, estate and succession planning, and providing business and tax counsel to tax-exempt organizations, including private foundations. He serves as general outside counsel to businesses, including corporations, partnerships, LLCs, and non-profit organizations. In addition, he …