Joining over 300 other emerging leaders of lawyer organizations from across the country at the American Bar Association’s Bar Leadership Institute (BLI), March 15-17 were Brian L. Wildermuth, President-Elect and David P. Pierce, Second Vice President of the DBA. The BLI takes place annually in Chicago. It offers incoming officials of local and state bars, special focus lawyer organizations and bar foundations the opportunity to confer with ABA officials, bar leader colleagues, executive staff and other experts on the operation of such Associations. Wildermuth and Pierce joined ABA President Linda A. Klein, and ABA President-Elect Hilarie Bass, in sessions on …
US House Narrowly Passes American Health Care Act
On May 4, the House of Representatives passed the controversial American Health Care Act (HR 1628) by a 217-213 margin. The AHCA is touted by President Trump and House GOP leadership as the bill that will repeal and replace the Affordable Care Act, which was enacted in March 2010. The AHCA now moves to the Senate where its future is uncertain. Introduced March 6, the original bill faced opposition from conservative and moderate House Republicans in addition to the Democrat caucus, the AMA, AARP, and other interest groups. Although amended in Committee to address some GOP concerns, Speaker Ryan pulled …
Intellectual property: often the life blood of an Ohio business
Ohio businesses, like enterprises across the country, run a gamut of sizes and types. Cities across the state, and small towns in between, have vibrant and growing pockets of corporate vitality that enrich their communities. Dayton is certainly no exception to that, of course, with the city and surrounding region housing an exceptionally eclectic and dynamic commercial infrastructure. The Dayton area contains some of Ohio’s most important and profitable companies, which contribute immeasurably to the region and state in areas ranging from transportation, media communications and manufacturing to health care, education and a host of other concerns. All those enterprises …
What Will Happen to the Salary-Exempt Regulations Under the New Administration?
We have continued to follow the litigation and political maneuvering surrounding last year’s proposed wage and hour regulations. Those regulations, which would have increased the threshold requirement for most salary exempt positions from $455 to $913 per week, were temporarily halted nationwide last November by a federal judge in Texas. Since that time, the case has been appealed to the Fifth Circuit Court of Appeals, while political wrangling over the regulations has continued. Recently, President Trump’s initial pick for Secretary of Labor, Andrew Puzder, withdrew his nomination and was replaced by Alexander Acosta, the dean of Florida International Law School. …
The Ohio Supreme Court Changes its Interpretation of the Confidential Law Enforcement Investigatory Records Exception to the Ohio Public Records Act
In December of 2016, the Ohio Supreme Court, in State ex rel. Caster v. City of Columbus, 2016-Ohio-8394, changed the way that a public office may respond to a public records request where the confidential law enforcement investigatory records exception applies. Confidential law enforcement investigatory records (“CLEIRS”) are not considered public records pursuant to Ohio Revised Code Section 149.43(A)(1)(h). Investigatory work product may be withheld by a public office under the CLEIRS exception. Before the Ohio Supreme Court’s decision in Caster, the CLEIRS exception regarding investigatory work product was interpreted as applying until all possible proceedings had been completed, including …
Talda and Gentry To Give Presentation to DBA Corporate Counsel
Coolidge attorneys Richard Talda and Dan Gentry will be giving a presentation to the Corporate Counsel of the Dayton Bar Association on April 27. Their talk, “Caveat Emptor: Arbitration Insights — It May Cost More Than You Think,” will examine the preference under both Federal and Ohio law for enforcing arbitration agreements; the intended benefits for arbitration; and how well arbitration delivers on those intended benefits versus resolving disputes in traditional court proceedings.
Are Your Employees Up To Date On Their Cybersecurity Knowledge?
According to the recent IT Security Risks Survey conducted by Kaspersky Lab, 73% of companies have been affected by internal information security breaches, and the largest single cause of confidential data losses is employees at 42%. In fact, 19% of respondents said that at least one of their employees loses a mobile device containing corporate data at least once a year. If you are not already aware, then you should be informed that your employees are most likely the biggest risk to your company’s security networks. The best way to protect your company’s data and confidential information from accidental exposure …
Fleischauer and Bach Speak at Dayton Area Chamber HR Forum
Coolidge Wall attorneys Marc Fleischauer and Michelle Bach co-presented at the annual Dayton Area Chamber of Commerce Human Resources Forum held at the Crowne Plaza Hotel on Thursday, March 23, 2017, with more than 75 HR professionals in attendance. Their talk, “The Tricky Triangle of ADA, FLMA and Workers’ Compensation Absences,” covered topics related to employee leave, disability and accommodation issues under the ADA, FMLA and Workers’ Compensation law, and strategies for handling same. The event was hosted by the Dayton Area Chamber of Commerce and the Miami Valley Human Resources Association and was sponsored by Coolidge Wall and Staffmark. …
What are the central attributes of a tax-exempt organization?
Why does one organization pay local, state and federal income taxes, while another is exempt from such exactions? A responsive answer to that question must focus foremost and initially on an entity’s stated and actual objectives. Is the entity a business enterprise driven primarily — if not exclusively — by a money-making motive intended to profit its owners, managers and employees? Or, conversely, was it established with an aim to promote one or more charitable objectives? When many people think of tax-exempt organs, they likely think — and reasonably so — of organizations in Ohio and elsewhere that are somehow …
Ohio Bureau of Workers’ Compensation to Pay Another Big Rebate
Ohio employers will be happy to know that the Bureau of Workers’ Compensation is on the verge of providing them yet another major rebate. It has been announced that, for the third time in recent years, the Bureau of Workers’ Compensation is about to send $1 billion back to Ohio employers. As in the past, this will be a one-time rebate payment. The rebate needs to be approved by the Board of Directors of the Bureau of Workers’ Compensation, which is expected to meet regarding same, and approve same, on April 28. If you have any questions about Bureau of …