On September 28, 2016, Ohio Revised Code Section 2743.75 went into effect, which gives the Court of Claims exclusive and sole jurisdiction over disputes alleging denial of access to public records. This Section gives aggrieved individuals an alternative to filing a mandamus action if their public records request is denied. If an individual’s public records request is denied, they now have the option to file a complaint in the Court of Claims with a $25 filing fee. When a complaint is filed, a special master will be appointed. The special master will determine whether or not the case should go …
HALTED! Court Stops DOL Overtime Rules From Taking Effect
In a somewhat surprising and certainly controversial move, a federal court in Texas has issued a preliminary injunction stopping for the time being the DOL’s overtime rules from taking effect on December 1, 2016, as originally contemplated. Moreover, the court’s order applies to all employers on a nationwide basis. The primary DOL regulation at issue would have increased the minimum threshold salary for “white collar” exempt employees from $455 per week ($23,660 annually) to $913 per week ($47,476 annually). In granting an injunction, the court agreed with a number of states, including Ohio, that drastically raising the minimum salary needed …
Wilberding Receives Prestigious Lloyd O’Hara Public Interest Law Award
Merle Wilberding, senior attorney at Coolidge Wall Co., LPA, was presented the Lloyd O’Hara Public Interest Law Award at the 2016 Access to Justice Awards Gala on November 3. The event, held at the Ponitz Center at Sinclair Community College in Dayton, and was presented by Advocates for Basic Legal Equality, Inc. (ABLE), Legal Aid of Western Ohio, Inc. (LAWO) and the Greater Dayton Volunteer Lawyer Project (GDVLP). The annual Awards Gala recognizes individuals and organizations that have provided extraordinary assistance to disadvantaged individuals and families in the Dayton community. Wilberding was honored for his ongoing efforts to educate at-risk …
Coolidge Wall Receives 2017 Best Law Firms First-Tier Ranking
Coolidge Wall Co., L.P.A. has received first-tier Metropolitan ranking in nine practice areas by U.S. News & World Report and Best Lawyers in the 2017 “Best Law Firms” list. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise among ranked law firms. The nine areas for which the firm received first-tier ranking are Corporate Law; Real Estate Law; Banking and Finance Law; Commercial Litigation; Employment Law – Management; Labor Law – Management; Litigation – Labor & Employment; Litigation – Land Use & Zoning; and Litigation – Real Estate. To be eligible for …
IRS Announces 2017 Pension Plan Limitations
On October 27 the IRS announced cost-of-living adjustments for 2017 retirement plan contributions. For 2017, the amounts that individuals will be able to contribute to retirement plans will remain unchanged at $18,000. The catch-up contribution limit for employees age 50 and over will also remain unchanged at $6,000. IRA and SIMPLE retirement plan contribution limits will not change for 2017. Although individual contribution limits will not change for 2017, the IRS has adjusted the maximums that apply to the defined contribution plan annual addition limit, the defined benefit plan annual benefit limit, the annual compensation limit applicable for retirement plan …
Protecting vital interests: noncompete and nondisclosure agreements
Diverse businesses operating in virtually every industry in Ohio and across the country contemplate a corporate double-edged sword when it comes to some highly valued employees with key skills and intimate access to proprietary data. And that is this: They obviously want to secure the employment of such individuals, but they must also safeguard the business against the possibility that those singular workers might leave the company in the future and compromise confidential information by revealing it to competitors. We clarify that concern on a website page at the long-tenured Dayton law firm of Coolidge Wall that discusses noncompete and …
Your optimal business structure: hardly a one-size-fits-all decision
Business organizations in Ohio and across the United States come in myriad forms, and for eminently sound reasons. Fundamentally, of course, no single business structure can be uniformly applicable for all enterprises. Business principals in one instance might be comprised of just a few members and focused predominantly on exercising close control through a family-owned company or a closely held corporation. Conversely, it might be the case that partners are highly concerned with risk-related implications and seek to address that concern through formation of a limited liability company. In many business scenarios, rapid growth is envisioned, which can logically drive …
How an attorney can help you protect your business
Running a business is an incredible undertaking. On any given day, a business owner needs to tackle matters related to employment, compensation, finances, customer service and business transactions, all while taking into account what is best for the company. This leaves little time to navigate the legal complexities of operating a business. Rather than ignore these issues or try to put them off indefinitely, Ohio employers would be wise to work with an attorney who can take on the various legal matters facing a company and work to address and resolve them. For instance, every company needs to protect itself, …
The Defend Trade Secrets Act – A Brief Overview
On May 11, 2016, the Defend Trade Secrets Act (“DTSA”) became federal law. The DTSA is intended to promote uniform protection for trade secrets, not unlike federal protections afforded to trademarks, copyrights, and patents. Before the DTSA was enacted, the law of trade secrets was primarily governed by state law (many states adopted a version of the Uniform Trade Secrets Act, but standards vary from state to state). The DTSA applies to trade secret misappropriation occurring on or after May 11, 2016 provided the trade secrets are related to a product or service used in or intended for use in …
Claim Limits in Ohio Small Claims Court Increase to $6,000 – How to Protect Your Business
Beginning September 27, 2016, small claims courts throughout Ohio will be able to hear cases with damage claims of up to $6,000. For decades, access to small claims courts has been limited to those cases with damages of $3,000 or less. The notable 100% increase marks the first increase seen in Ohio in nearly twenty years and puts the Buckeye State more on track with the national average for small claims courts nationwide. Sponsors of the increase believe it will allow small businesses to cost effectively recover debts owed. This could be attributable to the relatively minimal filing fees, expedited …