Payment-by-result contracts can be problematic

In Business Organizations by Coolidge Wall

The root of a solid business relationship is typically a well-drafted, clear contract between parties. This document drives behavior, outlines expectations and specifies conditions of the relationship that must be observed. Considering how much can be at stake and protected with these contracts, it is critical that they be crafted with the specific parties and interests in mind. In other words, what works for some business relationships may not work for others. For instance, payment-by-results contracts may seem appealing for you, but they are not right for everyone. Recently, this article in the Harvard Business Review examined PbR models and …

Student Loan Discharge in the wake of ITT Technical Institutes Closure

In Uncategorized by Coolidge Wall

Opportunities to wash away federal student loans are few and far between. There are some limited opportunities, even outside of bankruptcy, to get relief from the burdens of federal student loans. For students who attended ITT Technical Institutes (or any other college that has closed) and did not complete their program of study, they may qualify for a closed school loan discharge. There is (of course) a form, which you can find here. The form will need to be filled out and submitted to your loan servicer. If you don’t know who your loan servicer is, you can find that …

Attorney McHugh to Speak at YMCA “Wills & Trusts Week”

In News by Coolidge Wall

The YMCA of Greater Dayton is hosting “Wills & Trusts Week” at eleven different Dayton area YMCA’s the week of September 19th-23rd. Coolidge Wall attorney Steve McHugh will be one of several estate planning attorneys available to answer questions regarding creating or updating a will or trust. Attendees will learn the importance of proper estate planning, why you need a will, and what happens if you do not have one. Other issues which may be addressed are estate tax, probate tax, trust, and guardianship issues. Steve McHugh will be at the Trotwood YMCA on Monday, September 19, 2016, from 9-11 …

So You Want to Start a Charity

In Tax by Coolidge Wall

Everyday people want to know if they can to turn an activity they enjoy into a tax-exempt charity. Probably the most common reason people want to create a tax-exempt charity is to receive tax deductible donations. To receive tax deductible donations, the organization would have to be exempt under Internal Revenue Code Section 501(c)(3). For an organization to be exempt under Section 501(c)(3), the organization has to meet certain basic requirements. First, the organization has to be organized exclusively for a permitted purpose such as a charitable, religious or educational purpose. Being properly organized means the documentation filed, for our …

Merle Wilberding Receives Lifetime Achievement Award from St. Mary’s University of Minnesota

In News by Coolidge Wall

Merle F. Wilberding, a long-time attorney at Coolidge Wall and a graduate of St. Mary’s University of Minnesota Class of 1966, was recently awarded the University’s Distinguished Alumnus Lifetime Achievement Award for his contributions to his community and the nation. In 1969, he received a JD from Notre Dame Law School, and subsequently received an MBA from the University of Dayton, an LL.M in Taxation from George Washington University, and an MLIS from the University of Wisconsin – Milwaukee. During the Vietnam War, he served as a U.S. Army JAG Captain and represented the Army in 800 appeals and argued …

Eighteen Attorneys Selected for Inclusion in The Best Lawyers in America® 2017

In News by Coolidge Wall

Coolidge Wall is privileged to announce that eighteen of its attorneys were recently selected by their peers for inclusion in The Best Lawyers in America® 2017. Best Lawyers has become universally regarded as the definitive guide to legal excellence. Its process is based on an exhaustive peer-review survey on the legal abilities of other lawyers in their practice areas. Lawyers may not pay a fee to be listed, so inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine called Best Lawyers “the most respected referral list of attorneys in practice.” The attorneys selected for inclusion in 2017 …

The Ohio Supreme Court Brings the Sunshine Laws into the Technological Age

In Employee Benefits by Coolidge Wall

In May, the Ohio Supreme Court in White v. King, 2016-Ohio-2770, expressly provided that a meeting of a public body does not have to occur face to face. A meeting includes discussions that occur “telephonically, by video conference, or electronically by e-mail, text, tweet, or other form of communication.” A. Specific Facts of White v. King. In White v. King, one member of the Olentangy Local School District Board of Education, Adam White, filed suit against the Board claiming that they had violated the Open Meetings Act (R.C. 121.22). White had conducted an investigation into alleged improper expenditures by two …

David Pierce Elected President of Jewish Federation of Greater Dayton

In News by Coolidge Wall

On August 17, 2016, Coolidge attorney David P. Pierce was elected and installed as President of the Jewish Federation of Greater Dayton, an organization established to further the welfare of the Jewish community. The Federation coordinates social, welfare and cultural programs; fosters cooperation among Jewish organizations; facilitates fund-raising activities on the local and national level; and stimulates participation and interest in community-wide activities. David also serves as Second Vice-President of the Dayton Bar Association, an association of lawyers dedicated to furthering the administration of justice; enhancing the public’s respect for the law and promoting excellence and collegiality in the legal …

Are sexual harassment policies unnecessary for small businesses?

In Business Organizations by Coolidge Wall

There are many advantages to operating a small business as opposed to a large corporation. Smaller businesses can be more agile and quick to respond to consumer needs, they often have a strong knowledge of local markets and it can be easier to take ownership over certain aspects of a product of business when there are fewer people to pass the buck. When it comes to maintaining relationships with employees, small businesses can also come out ahead. With fewer employees, small companies can find it easier to foster honest, trustworthy and personal relationships between employees and with the employer. However, …

DOJ: Proposed healthcare mergers not healthy for economy

In Business Organizations by Coolidge Wall

In this blog, we have discussed the various complexities and legal challenges that are presented when a company attempts to acquire or merge with another company. In this post, we noted that vast majority of these deals are approved. In fact, just 5 percent of filings for mergers lead to challenges from agencies like the Department of Justice. While they may be rare, these challenges do happen; when they do, they are often newsworthy events. For example, recently, the DOJ filed lawsuits to stop two mergers in the healthcare insurance industry. The two separate transactions would combine the third- and …