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…

Employment Law Update: Federal Paid Leave Provision to Take Effect on April 2, 2020

Updated: 3/19/2020 On March 18, 2020, Congress passed Families First Coronavirus Response Act (the “Act”) which will provide temporary assistance to employees and businesses experiencing coronavirus interruptions. The Act becomes effective April 2, 2020, which is 15 days after the President signed the bill into law. The bill contains two key provisions for employers and…

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…

Seminar: Dealing with Difficult Employee Issues

Please Join Us for Breakfast and to learn about a variety of Employment Law and HR Concerns that should be on the radar of Employers in 2020.  We will review the following topics:  Considering LGBTQ Issues When Making Employment Decisions Medical Marijuana in the Ohio Workplace and Beyond Essential Employee Handbook Provisions: Update on New…

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.…