Bank Deposits and Funds Management: Dealing with FDIC Insurance Limitations
August 2008
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Given the media focus on the current banking environment, many organizations are taking a closer look at their depository relationships and limitations on FDIC coverage of their deposit accounts. |
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Major Stark Law Changes in the 2009 Medicare IPPS Regulations
August 2008
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Bulletin discussing significant changes to the Stark law as contained in the 2009 inpatient prospective payment system regulations. |
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Filing Requirements for Corporate Contributors to Ballot Issue Campaigns
August 2008
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The check is not only thing you have to sign: A bulletin on Ohio's filing and reporting requirements for corporations and labor organizations which support or oppose ballot issues,. |
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Ohio Economic Stimulus and the Logistics Industry
August 2008
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Bulletin for the transportation and logistics industry on Ohio H.B. 554, the state’s economic
stimulus package, and bill's component for investment in Ohio’s already growing transportation,
logistics, and distribution sector. |
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Armatus: Internet Sales Have Become a More Taxing Issue
August 2008
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Bulletin discussing the status of state sales and use taxes on internet commerce. |
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Human Resources Bulletin: "Direct Evidence" of Discrimination No Longer Required to Overcome Summary Judgment in Title VII "Mixed Motive" Cases
August 2008
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Has the Sixth Circuit Court of Appeals made it harder for employers to get summary judgment in Title VII "mixed motive" cases? Read about this recent decision to find out.
|
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Table of Recognized Best Practices for All Organizations
August 2008
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For consideration by the boards and executives of any organization, a table summarizing practices recognized as important for all organizations, from tax-exempt to taxable and from private to public. |
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The Nonprofit Advocate -- July 2008
July 2008
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| |
News and information for nonprofit organizations, including an article on "donor intent" litigation. |
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Wind Industry: Ohio Tax Summary
July 2008
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| |
Summary of Ohio taxes prepared to explain the Ohio state tax system
applicable to members of the wind industry. |
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Ohio Supreme Court: Retired Judges May Serve as Private Judges Even If Never Elected to the Bench
July 2008
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Discussion of an Ohio Supreme Court decision holding that a retired judge who was never elected judge but served by appointment of the
Governor is nevertheless eligible to serve as a private judge under R.C. 2701.10. |
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What a Lawyer Should Do If a Client Complains to the Bar
July 2008
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When your client complains to the bar association, what can you do to save your reputation and avoid losing the law license? |
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Human Resources Bulletin: Worksite Warning: Exercise Caution with FMLA Communications
July 2008
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The FMLA's "50/75 exception" to employee eligibility: use it (properly) or lose it---are you at risk of "FMLA equivalent" liability? |
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Increased Prosecution Of Ethics Violations Is On The Horizon: Is Your Financial Institution Ready?
July 2008
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How even inadvertent violations of government
ethics laws and regulations can result in significant exposure as well as reputation risk issues for institutions and their officers, directors, and employees. |
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Increased Prosecution Of Ethics Violations Is On The Horizon: Is Your Financial Institution Ready?
July 2008
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Whether your client is the State of Ohio or the
local library, you should know that meals, gifts or entertainment provided to a public employee can
get you, your company and the public employee
in trouble and new enforcement initiatives are on the way. |
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Ohio Supreme Court Sets Aside $3 Million Punitive Damage Award in Wrongful Death Lawsuit
July 2008
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Discussion of the Ohio Supreme Court case Barnes v. Univ.
Hosps. Of Cleveland in which the Court set aside a $3 million jury verdict, holding that the lower court, failed to analyze the award according to certain
federal standards intended to ensure the reasonableness and proportionality of
damages awards. |
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Climate Change to Impact Our Nation’s Water Resources: The U.S. EPA’s Draft Strategy - Response to Climate Change
July 2008
|
| |
Bulletin on the U.S. EPA draft of its
National Water Program Strategy: "Response
to Climate Change", the first
effort taken by the U.S. EPA to address how
climate change will affect our nation’s clean
water and safe drinking water goals. |
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Sun or Shade? That is the (Zoning) Question
July 2008
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With increased federal and state incentives for
renewable energy initiatives, the connection between development and sustainability is becoming
a paramount issue and localities are responding
by examining their zoning codes to ensure they
are keeping pace with science and technology.
|
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What Every Hospital Should Know About "LUST"
July 2008
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| |
Bulletin on an increase in enforcement activity by Ohio agencies that regulate underground tanks, with a primary focus of preventing and
mitigating leaking underground storage tanks
(aka "LUST") program. |
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Recently Passed Law Creates New Radiation Assistant Medical Position
July 2008
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| |
Bulletin on Ohio Substitute Senate Bill 229 which creates a new licensed medical position
under Ohio law called a Radiation Assistant. |
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Ohio Law Encourages Economic Development Through Investment in Key Industries
July 2008
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| |
Green Strategies bulletin on Ohio House Bill 554, the state’s economic stimulus package, designed to create investments in key industries.
|
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House Bill 374 and Ohio Corporation Law
July 2008
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| |
Bulletin on the newly passed Ohio General Assembly legislation designed to make Ohio more "user-friendly" for new or existing corporations. |
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Ohio Adopts Version of Revised Uniform Partnership Act
July 2008
|
| |
Article discussing Ohio's passage of Sub. House Bill 332 which adopts a version of the Revised Uniform Partnership Act of 1997. |
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Ohio Insurance Law Newsletter - Summer 2008
July 2008
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| |
Legislative, administrative and judicial news for the insurance industry, including information on Ohio's new Anti-STOLI legislation. |
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A Summary of the Acupuncture Provisions of Ohio Senate Bill 245
July 2008
|
| |
Bulletin on Ohio S.B. 245, effective August 22, 2008, which will dramatically
increase patient accessibility to acupuncturists in Ohio. |
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Ohio’s Pay-to-Play Laws: 2006 Version Reinstated
June 2008
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| |
The Franklin County Court
of Common Pleas has effectively reinstated Ohio’s old law regulating political contributions from contractors by striking down the strict revisions to Ohio’s pay-to-play laws. |
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New Report Outlines Potential New Opportunities for Ohio Farmers: Turning Biomass Into Renewable Energy
June 2008
|
| |
Did you know that Ohio
has the potential to be a top 10 producer
of biomass, a fuel source for the production of
renewable energy? |
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The Nonprofit Advocate -- June 2008
June 2008
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| |
News and information of interest to nonprofit organizations |
|
Brickerconstructionlaw.com Newsletter -- June 2008
June 2008
|
| |
Announcing a new service available
to public owners: The Bricker & Eckler LLP Construction Document
System for small and mid-size projects,
providing
public owners with contract documents, training,
and key updates designed to comply with
changes in the law. |
|
Changes & Challenges to the Ohio EPA’s Stormwater Construction General Permit
June 2008
|
| |
Bulletin from the Green Strategies Group on new EPA permitting requirements for stormwater construction projects. |
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Pilot Program Aims to Create Specialized Commercial Dockets in Select Ohio Common Pleas Courts
June 2008
|
| |
Article on the Ohio Supreme Court's new four-year pilot program creating specialized dockets for complex business litigation in select Ohio counties. |
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Human Resources Bulletin: Sixth Circuit Upholds Termination Of Employee Who Disclosed Confidential Documents
June 2008
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| |
Bulletin on federal court decision finding that an employee is not protected from termination for disclosing confidential documents in violation of company policy, even if the disclosure comes in the context of an employment
discrimination lawsuit. |
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Human Resources Bulletin: U.S. Supreme Court Announces Decisions in Three Significant Employment Cases
June 2008
|
| |
Bulletin on three highly anticipated
employment law cases issued June 19, 2008 by the U.S. Supreme
Court decisions relating to ERISA and the Age
Discrimination in Employment Act. |
|
New Report Outlines Potential "Green Job" Growth in Ohio and U.S.
June 2008
|
| |
Bulletin from the Green Strategies Group on how the current efforts and focus on developing alternative energy will create new lines of business and economic opportunities
for Ohio. |
|
Supreme Court Greatly Expands Scope of Recovery Under ERISA; Holds An Individual May Bring Suit Against Plan Administrator For Mismanagement of Participant’s Retirement Account
June 2008
|
| |
Article on a U.S. Supreme Court court holding that individuals may bring suit under ERISA against a plan administrator to recover losses in their personal 401(k) accounts that arise from the plan administrator’s breach of fiduciary duty. |
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New Ohio Law, House Bill 428: School Employee & Contractor Background Checks
June 2008
|
| |
Bulletin on Ohio H.B. 428, effective September
10, 2008, which relieves certain contractors from automatic background checks when working on
public school projects. |
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Municipal Insurer Ratings Reductions: Do You Have a Duty to Disclose?
June 2008
|
| |
Bulletin discussing whether issuers have a duty to disclose change in rating and the proper method for disclosing such information. |
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Acredula Newsletter - Spring 2008
June 2008
|
| |
In this issue, our authors discuss the bad facts and bad law associated with the Schoon v. Troy Corp. holding, the effects of the credit crunch on directors' responsibility, the need for directors to get protection in writing, items to consider before becoming a director, and the benefits to developing an advisory board. |
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Ohio’s Senators Vote To End Consideration Of Lieberman-Warner Climate Security Act of 2008
June 2008
|
| |
After a week of debate over pending climate
change legislation, both Senators George Voinovich
(R) and Sherrod Brown (D) voted
to maintain a Republican filibuster blocking a
final vote on the Lieberman-Warner Climate Security Act of 2008. |
|
Going Green? Customers Care, But So Does the FTC
June 2008
|
| |
Bulletin on guidelines for environmental marketing claims, called "Green Guides", developed by the Federal Trade Commission in cooperation with the Environmental Protection Agency.
|
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Clean Ohio Assistance Funding Available July 1, 2008 for Brownfield Redevelopment Projects Throughout Ohio
June 2008
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| |
Green Strategies bulletin on the July 1, 2008, Ohio Department of
Development acceptance of applications for Clean
Ohio Assistance Fund program grant
funding to redevelop Brownfields in “Priority
Investment Areas” throughout Ohio. |
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The Break Room - A Human Resources Advisory - Summer 2008
June 2008
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| |
This issue includes a feature article on legal restrictions employers must consider when hiring teen workers for the summer. |
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Relocation of Overhead Utility Lines in Townships: Ohio House Bill 244
June 2008
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| |
Discussion of Ohio Sub. H.B. 244, effective August 12, 2008, that protects both township trustees and utility line owners from liability arising from the relocation of those lines. |
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Ohio's Anti-STOLI Legislation
June 2008
|
| |
Overview of key provisions of Amended Substitute House Bill 404 which revises Ohio's viatical settlement laws, and enacts significant new provisions to curb STOLI transactions. |
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Brickerconstructionlaw.com Newsletter -- May 2008
May 2008
|
| |
Celebrating the 100th issue of Brickerconstructionlaw.com Newsletter and featuring 20 rules for public owners' contracting success. |
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The Nonprofit Advocate -- May 2008
May 2008
|
| |
News and information of interest to nonprofit organizations, including a discussion of
a proposed IRS revenue procedure outlining the voluntary resolution of tax mistakes by an exempt organization. |
|
Early Action: Blessing or Curse? Analyzing the Lieberman-Warner Climate Security Act
May 2008
|
| |
Green Strategies bulletin discussing the Lieberman-Warner Climate Security Act and its impact on Ohio companies. |
|
Wind Farm Siting Requires Careful Planning and Attention to Detail
May 2008
|
| |
Green Strategies bulletin discussing the impact of Am. Sub. S.B. 221, the Ohio State Energy Plan,
on wind farms. |
|
Ohio Legislature Approves STOLI Legislation
May 2008
|
| |
On May 29, 2008, the Ohio General Assembly approved legislation that will protect Ohio consumers from Stranger-Originated Life Insurance ("STOLI"). |
|
Human Resources Bulletin: New Federal Law Will Ban Genetic Discrimination by Employers and Health Insurers
May 2008
|
| |
Bulletin on the enactment of the Genetic Information Nondiscrimination Act which addresses the collection and use of genetic
information by health insurers, employers, employment agencies, and labor organizations. |
|
Anti-Markup Rule Now In Effect for Anatomic Pathology Services
May 2008
|
| |
Bulletin on U.S. District Court decision allowing the U.S. Department of Health and Human
Services to enforce the recently revised
anti-markup rule for anatomic pathology services
effective immediately. |
|
How to Develop and Maintain a Record Retention and Destruction Policy
May 2008
|
| |
Presented at Sinclair Community College on May 21, 2008 as part of the Best Practices for Governance of Nonprofits series. |
|
Best Practices For Consideration of Boards in Governance of Nonprofits
May 2008
|
| |
Primer on the best practices and benefits of each in the governance of nonprofit boards. |
|
Section 409A in a Nutshell
May 2008
|
| |
A primer on Section 409A of the Internal Revenue Code on deferred compensation arrangements. |
|
Religious Land Use Law Could Affect Local Zoning Codes
May 2008
|
| |
Bulletin on the Religious Land
Use and Institutionalized Persons Act of 2000 and its impact on local land use regulations. |
|
Ohio Banking Law Newsletter -- Spring 2008
May 2008
|
| |
Quarterly newsletter covering legal lssues for the banking & financial services industry, including a lead article on the practical implications of regulatory enforcement actions. |
|
On Selling or Purchasing a Law Practice: A Primer on Prof. Cond. R. 1.17
May 2008
|
| |
Discussion of the requirements of the Ohio Rules of Professional Conduct upon selling or purchasing a law practice. |
|
Think Before You Fax: Junk Fax Litigation is on the Rise
May 2008
|
| |
Bulletin on the growing number of lawsuits filed under the federal Junk Fax Prevention Act against companies across the country for sending junk faxes. |
|
United States Supreme Court Upholds Voter ID Law
May 2008
|
| |
Discussion of the United States Supreme Court's decision upholding Indiana's strict photo ID requirement for voters and a comparison of Indiana's law with Ohio's. |
|
The Nonprofit Advocate - April 2008
April 2008
|
| |
News and information for nonprofit organizations, including an update on the proposed Ohio Healthy Families Act initiative. |
|
Brickerconstructionlaw.com Newsletter -- April 2008
April 2008
|
| |
A lead article on the basics of construction acceleration claims, including a hypothetical acceleration claim scenario and how the claim might affect the construction professionals working on the project. |
|
Ohio Senate Bill 221: A Summary of the Advanced Energy and Energy Efficiency Provisions
April 2008
|
| |
Bulletin on the advanced energy and efficiency provisions of Am. Sub. S.B. 221, passed by the Ohio General Assembly in April 2008 |
|
CMS Proposes Stark Changes In FY 2009 IPPS Rule Including “Stand in the Shoes”and DFRR
April 2008
|
| |
Bulletin on proposed changes to the Stark law contained in the inpatient prospective payment system updates for fiscal year 2009. |
|
Basics of Public Record Law: A Primer for Ohio Port Authorities
April 2008
|
| |
A brief outline of an Ohio port authority’s duties and obligations related to keeping records and responding to public records requests, and the specific exceptions
allowed for port authorities that are aimed
at allowing a port authority to undertake its authorized activities.
|
|
Update: Ohio EPA presents Climate Registry Workshop
April 2008
|
| |
Discussion of the first Ohio workshop presented by the Ohio EPA and representatives
of The Climate Registry on the newly
released draft General Reporting and General Verification
protocols.
|
|
Armatus: U.S Trademark Fraud: Mitigating Strict Liability for False Statements of Use
April 2008
|
| |
Review of the use declarations required in the U.S., how the Trademark Trial & Appeal
Board decisions have analyzed false declarations, and what practical solutions exist for avoiding and correcting false statements.
|
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Compact to Help Ohioans Preserve Homeownership Adopted
April 2008
|
| |
Bulletin on the April 2008 "Compact to Help Ohioans Preserve Homeownership" signed by Ohio Governor Strickland and nine national mortgage loan servicers. |
|
The Bricker Water Cooler: A Human Resources Advisory - Spring 2008
April 2008
|
| |
Discussion of 403(b) tax sheltered annuity regulations; proposed Ohio law on sexual orientation, executive compensation and more. |
|
Proposed Rule Changes to the Ohio Mortgage Loan Act and the Small Loans Act
April 2008
|
| |
Bulletin on proposed changes from the Ohio Division of Financial Institutions to the rules implementing the Ohio Mortgage Loan Act and Small Loans Act. |
|
The Nonprofit Advocate -- March 2008
March 2008
|
| |
News and information of interest to nonprofit organizations. |
|
Brickerconstructionlaw.com Newsletter - March 2008
March 2008
|
| |
Fourth annual heavy/highway issue continues the series on underground utilities. |
|
Human Resources Bulletin: Private Sector Discrimination Charges on the Rise in 2007
March 2008
|
| |
Bulletin on U.S. Equal Employment Opportunity Commission announcement that discrimination charges from the 2007 fiscal year were the highest in five years. |
|
Human Resources Bulletin: Court Upholds Double Damages and Punitive Damages for USERRA Violation
March 2008
|
| |
Discussion of Koehler v. PepsiAmericas Inc., a recent decision from the Sixth Circuit where the court applied penalties for USERRA and related state law violations. |
|
Applying Commercial Activity Tax to Receipts From Motor Fuel Alleged Unconstitutional
March 2008
|
| |
Discussion of a pending case challenging the constitutionality of the Ohio CAT tax in that proceeds from the CAT, as an excise tax on motor fuel, must be devoted to highway purposes only. |
|
Focus on Eminent Domain Continues with Law Changes
March 2008
|
| |
A series of questions and answers regarding the status of eminent domain law in Ohio. |
|
Update of Ohio Mortgage Case Law
March 2008
|
| |
Analysis and information on three decisions recently rendered by the Ohio Courts affecting the mortgage industry. |
|
Ohio Governor Ted Strickland Presents the “Building Ohio Jobs" Initiative
March 2008
|
| |
Bulletin on the "Building Ohio Jobs" initiative announced by Ohio Governor Strickland in his 2008 State-of-the-State Address. |
|
Tax-Exempt 501(c)(3) Bonds and IRS Form 990 Redesign: Act Now to Avoid Pitfalls Later
March 13, 2008
|
| |
Bulletin on the IRS Form 990 redesign and the impact of Schedule K on hospitals with tax-exempt bonds. |
|
Armatus: An Overview of the Proposed E-Discovery Amendments to Ohio Rules of Civil Procedure
March 2008
|
| |
Bulletin on proposed amendments to the Ohio Rules of Civil Procedure being considered by the Ohio Supreme Court that would recognize the particularities of discovery
involving electronically stored information. |
|
U.S. Supreme Court Adopts an Expansive Definition of What Can Be a “Charge” of Age Discrimination
March 2008
|
| |
Discussion of U.S. Supreme Court decision addressing whether an "Intake Questionnaire" submitted to the EEOC can suffice as a "charge" of discrimination. |
|
Ohio Governor Issues Executive Order on Common Sense Business Regulation Process
March 2008
|
| |
Bulletin on Ohio Governor Strickland's Executive Order 2008-04S, implementing common sense business regulations to foster an atmosphere that facilitates and promotes economic development. |
|
Human Resources Bulletin: U.S. Supreme Court Adopts an Expansive Definition of What Can Be a “Charge” of Age Discrimination
March 2008
|
| |
Discussion of U.S. Supreme Court decision addressing whether an "Intake Questionnaire" submitted to the EEOC can suffice as a "charge" of discrimination. |
|
IRS Issues Revised Good Governance Practices for 501(c)(3) Organizations
March 2008
|
| |
Bulletin on the revised IRS good governance practices for charitable organizations. |
|
Human Resources Bulletin: "Me, Too" Evidence in Discrimination Cases: Not Always Admissible, Not Always Excluded
March 2008
|
| |
Discussion of U.S. Supreme Court case on whether the trial court must
exclude "me, too" evidence - testimony that other company employees were similarly discriminated against, but by different supervisors within the company. |
|
Brickerconstructionlaw.com Newsletter - February 2008
February 2008
|
| |
February's issue looks at new EPA permit requirements. |
|
The Nonprofit Advocate -- February 2008
February 2008
|
| |
News and information for nonprofit organization, including discussion of an IRS fact sheet on tax exempts' examination and compliance check procedures |
|
Acredula Newsletter -- Winter 2008
February 2008
|
| |
Includes article on responding the goverment investigations and article by Win McCausland and Tony Caxide on how directors can satisfy their fiduciary duties with respect to an organization’s investments. |
|
Ohio Supreme Court Holds Statute of Repose and Subrogation Statutes Facially Constitutional
February 2008
|
| |
Discussion of Groch v. General Motors Corporation, the February 21, 2008 Ohio Supreme Court decision upholding, on its face, the statute of repose applicable to product liability actions and the worker's compensation subrogation statutes. |
|
Human Resource Bulletin: Ohio Supreme Court Holds That Memorized Information Can Still Be a Trade Secret
February 2008
|
| |
Bulletin on Ohio Supreme Court case holding that a confidential client list does not lose its trade secret status just because a former employee was able to memorize it rather than remove copy of it from the employer. |
|
Automobile Manufacturer Not Liable for Ohio Use Tax on Goodwill Repairs
February 2008
|
| |
Bulletin on Ohio Supreme Court ruling that an automobile manufacturer is not liable for use tax on repair parts and services provided to customers pursuant to the manufacturer’s "goodwill repair" policy
after the standard warranty had expired.
|
|
Military Status Given Protection Under Ohio Anti-Discrimination Law
February 2008
|
| |
A bulletin for MR/DD boards on a new Ohio law in which "military status" is now
protected from discrimination to the same extent
as race, color, religion, sex, national origin, disability, age, and ancestry. |
|
Human Resources Bulletin: Ohio Appellate Court Enforces Non-Competition Agreement
February 2008
|
| |
Bulletin on the Ohio appellate court enforcement of a non-competition agreement between a hair stylist and salon employer. |
|
Human Resources Bulletin: Ohio Makes "Military Status" a Protected Class
February 2008
|
| |
Effective March 23, 2008, Ohio’s Anti Discrimination law will include "military status" as a protected class for purposes of employment, housing, and public accommodations. |
|
Ethical Considerations for Lawyers' Protection Letters
February 2008
|
| |
Discussion of protection letters and the potential ethical dilemmas they may cause an attorney. |
|
Loan Modifications: The Lender’s Perspective
February 2008
|
| |
Discussion of real estate loan modifications as a cost effective method for dealing with loans not repaid strictly in accordance with their terms. |
|
Governor Strickland’s “Building Ohio Jobs” Economic Stimulus Package Proposes $250 million Investment in Ohio’s Advanced and Renewable Energy Economy
February 2008
|
| |
Governor Strickland announced the “Building Ohio Jobs” economic stimulus package as one of his top priorities during his 2008 State of the State Address. |
|
Human Resources Bulletin: FMLA Leave Benefits Expanded for Military Families
February 2008
|
| |
Bulletin on the January 2008 amendment of the Family and Medical Leave Act to expand its leave benefits for families of military service members. |
|
The Nonprofit Advocate - January 2008
January 2008
|
| |
News and information for nonprofit organizations including a discussion of the 2008 Exempt Organizations Implementing Guidelines issued by the IRS. |
|
Brickerconstructionlaw.com Newsletter - January 2008
January 2008
|
| |
For our January issue, we present ten of the key events that had an effect on the construction industry in 2007. |
|
Disclosing Examination Matters and Enforcement Proceedings
January 2008
|
| |
Article discussing the difficult and complex dilemma facing bankers as to whether, and to whom, information concerning examination activities and informal enforcement proceedings may be disclosed outside the organization. |
|
Ohio Supreme Court Interprets Federal and State Do Not Call Laws
January 2008
|
| |
Bulletin on Ohio Supreme Court case defining "knowingly" and "willfully" for purposes of violation of the Telephone Consumer Protection Act of 1991 and the Ohio Consumer Sales Practices Act. |
|
Practical Implications of Bank Regulatory Enforcement Actions
January 2008
|
| |
Agency enforcement actions present a challenging environment for the banking institution, particularly if and when the actions become public through disclosure by the bank or the agency. |
|
Kentucky v. Davis (Warning: This Case May Have Side Effects)
January 2008
|
| |
A look at the potential financial and practical implications of the pending U.S. Supreme Court case of Kentucky v. Davis challenging as invalid and unconstitutional the state's taxing scheme for interest earned on municipal bonds. |
|
Human Resources Bulletin: Employers May Restrict Use of Email for Non-Job Related Solicitations
January 2008
|
| |
Bulletin on NLRB decision holding
that an employer did not violate the National Labor Relations Act by prohibiting an employee/union president from sending emails to employees urging them to support the union. |
|
Human Resources Bulletin - Victory For Employers
January 2008
|
| |
Bulletin on Ohio Supreme Court ruling holding that employers may lawfully sue employees for defamation, malicious prosecution and other similar claims, even after the
employee has engaged in conduct that is protected by state anti-discrimination laws. |
|
Ohio Banking Law Newsletter - Winter 2008
January 2008
|
| |
News and information for banking and financial institutions, including a discussion of the role of the bank director in the post-Sarbanes era. |
|
