Business Contract Language in the World of COVID-19

Written by: David Montgomery Updated: 3/19/2020 With the continuing spread of Covid-19 and the ever-shifting efforts to contain its spread by Local, State and Federal Government, many of our clients have contacted the firm in relation to contract performance and maintaining their obligations thereunder.  Without question we are dealing with extraordinary circumstances not before seen…

Employer Shared Responsibility Payment (ESRP)

IRS Determines No Statute of Limitations on Assessment In Legal Advice 20200801F issued by IRS Field Attorneys (Advice Memo), the IRS has determined that there is no statute of limitations on assessment of the Employer’s Shared Responsibility Payment (ESRP) because there is no tax return filed to report such payment. Generally, IRC section 6501 provides…

Do you Believe the Value of Your Property is Correct?

Or maybe you or your business bought property last year at a value below the Auditor’s recorded fair market value?  If either of those circumstances apply, then you should be aware that the deadline to file Complaints is March 31, 2020.  Updated real estate tax notices have been sent out, and you should review these…

Protecting Employer and Employee Confidentiality during Workplace Investigations

Legal Updates on Employer Confidentiality Rules During Workplace Investigations: Protecting Employees and Employers On December 16, 2019, the National Labor Relations Board (“NLRB”), in Apogee Retail LLC d/b/a Unique Thrift Store (“Apogee”), held that employer rules that require employees to maintain confidentiality during workplace investigations of employee misconduct are lawful under the National Labor Relations…

Commercial Speech and Vulgarity

Commercial Speech Continues to Test the Limits of What Is Obscene, Immoral, or Subject to State Regulation A few months ago, my partner, Gerald McDonald wrote an article cautioning that potentially vulgar speech may quickly be materializing in much more prevalent commercial applications.  The subject of Jerry’s article involved vulgarity in trademark registration, but a…

Katie Wahl named a Principal with the Firm

Pickrel, Schaeffer and Ebeling is pleased to announce that Katie Wahl has been named a Principal with the firm.  Katie has been practicing law for over 15 years and focuses on business and corporate law, as well as estate planning, probate (including estate administration and guardianships) and Medicaid planning.  As a corporate and business lawyer,…

Who’s Who in Real Estate?

Congratulations to both David Montgomery & Alan Schaeffer for being listed as the Dayton Business Journals (DBJ) Who’s Who in Real Estate once again. This recognition is compiled by the DBJ editorial board and includes honorees from seven industries that play a role in the important real estate sector in the Dayton region. If you…

Construction Contracts and Acting in Good Faith

The Fifth Appellate District Affirms the Implied Duty to Act in Good Faith in Contract Matters It is well established in Ohio that “public policy dictates that every contract contains an implied duty for the parties to act in good faith and to deal fairly with each other.”  Gator Dev. Corp. v. VHH, Ltd., 2009-Ohio-1802…

Construction Contracts between Subcontractors

Subcontractor Dispute Highlights the Significance of Accurate Verbiage in a Construction Contract Between Two Subcontractors. For clients engaged in the construction field, the use of “pay-when-paid” and “pay-if-paid” provisions in construction contract documents is likely a common occurrence.  However, a recent decision from the Summit County Court of Appeals illustrates the care that must be…

IRA Distribution after Divorce: Is it Subject to Income Tax and 10% Excise Tax?

The US Tax Court in Rosenberg v. Commissioner, TC Memo 2019-124 has ruled that an IRA distribution, made after a couple divorced, was taxable and subject to the 10% excise tax because: (1) no exception to the 10% excise tax applied and (2) the Court did not find any equitable exception to taxing the distribution.…