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 Alert

December 08, 2016

How the Grinch Stole Christmas? Hard Lessons from the Federal Eleventh Circuit

This week, the Federal Eleventh Circuit stole an unwitting appellant’s Christmas in Parker Auto Body, Inc. v. State Farm Mutual Automobile I, No. 16-15470 (11th Cir. Dec. 5, 2016).  The appeal began like any other: the appellant sought review from...

 Alert

December 05, 2016

Expanding Horizons for Startup and Small Companies Raising Capital

If you are a startup or small company looking to raise funds from investors, newly amended Rule 504 should catch your eye. Effective January 20, 2017, Rule 504 of Regulation D will allow startups and small companies to sell securities in an amount up...

 Alert

November 22, 2016

Florida Medical Marijuana Law Will Take Effect January 2017

Florida voters passed a new medical marijuana law, Amendment 2, on November 8, 2016. Florida joins 27 other states, the District of Columbia, Puerto Rico, and Guam in allowing public medical marijuana programs. The new law will have far-reaching effe...

 Alert

November 17, 2016

The Florida Medical Marijuana Law and Your Community Association - What You Need to Prepare For

With the recent passing of the Florida Medical Marijuana Law, there are two primary concerns for community associations and country clubs as it relates to this new amendment: Do you have rules in place regarding usage on your property? Have y...

 Alert

November 17, 2016

NLRB's Persuader Rule Permanently Dead

Labor lawyers at Roetzel have warned clients about the National Labor Relations Board’s (NLRB) controversial “Persuader Rules” for five years. However, thanks to a court in Texas that permanently enjoined the rule, we no longer have to worry that it...

 Alert

November 15, 2016

Last Call for Opt-Out: Summary of Condominium Sprinkler Retrofit Requirements and Opt-Out Provisions

The deadline for opting-out of the Condominium Sprinkler Retrofitting Requirements is December 31, 2016. The following is a general summary of the state of the law for those who still need to opt–out or who want to review whether they have complied....

 Alert

November 09, 2016

Post-General Election Outlook

Yesterday was an eventful 2016 General Election Day with federal and state races spanning the President, U.S. Senate, U.S. House, Ohio Supreme Court, and Ohio General Assembly.  Below are the outcomes of the races.  Presidential Donald J. Trum...

 Alert

November 09, 2016

Post-Presidential Election Outlook

Donald J. Trump (R) defeated former Secretary of State Hillary Clinton (D) to become the 45th President of the United States of America, ending a long campaign season. The Republicans also kept majorities in the U.S. House and U.S. Senate. The electi...

 Alert

November 07, 2016

Ohio Supreme Court Rules in Landowner Royalty Case

In a closely watched and long-awaited case with potentially sweeping industry-wide consequences, the Supreme Court of Ohio refused to adopt a default rule regarding deduction of postproduction costs from landowner royalties in Ohio.   In the case...

 Alert

October 10, 2016

Tech Companies and M&A Trends

One of this year’s top trends in the mergers and acquisitions arena has been the pursuit of technology companies by private equity. At the end of the first half of 2016, tech companies accounted for 46% of all U.S. buyouts, the highest level it had b...

 Alert

September 27, 2016

Dismissal with Prejudice Too Severe a Sanction for Failure to File Mediation Certification of Authority

Thomas P. Wert, Certified Circuit Civil Court Mediator and Board Certified Construction Attorney [1] In my mediation experience, the requirements of Rule 1.720 (e), Florida Rules of Civil Procedure, are sometimes ignored by parties. Rule 1.720 (...

 Alert

September 27, 2016

Significant Victory for Trucking Company in Admitted Negligence Case

Randy Moore and Chris Cotter, members of the Roetzel & Andress litigation team, obtained summary judgment for a national trucking company in a case in which the trucking company’s driver rear-ended another vehicle and the negligence of its driver was...

 Alert

September 19, 2016

Pipeline Companies Win Key Battles in War for Eminent Domain Rights

On September 12, 2016, Ohio’s Ninth District Court of Appeals in Akron decided the case of Nexus Gas Transmission, LLC v. Donald R. Houston, et al., holding that Nexus Gas Transmission, LLC (“Nexus”) has a statutory right of entry for the purpose of...

 Alert

September 19, 2016

Ohio Supreme Court Rules in Ohio Dormant Mineral Act Cases

In a long awaited ruling issued last week, the Supreme Court of Ohio held that a surface owner could only bring a claim for abandonment of a severed mineral interest under the 1989 version of the Ohio Dormant Mineral Act (“1989 DMA”) before June 30,...

 Alert

September 19, 2016

A Roetzel Business Litigation Update

Ronald B. Lee and Chris Cotter, members of the Roetzel & Andress litigation team, received a defense verdict for a multi-national company with plants in Ohio on September 14, 2016, in the United States District Court for the Northern District of Ohio...

 Alert

August 04, 2016

With Business Contracts, Lost Profits (Not Lost Revenues) Are the Proper Measure of Damages

Thomas P. Wert, Board Certified Construction Attorney[1] In late June, the District Court of Appeal of Florida, Fourth District, reiterated that in a breach of contract case, lost revenue alone is typically an improper measure of damages. In...

 Alert

July 26, 2016

State Budget Schedule, Tax Changes Expected

Governor Kasich’s Administration recently provided guidance to state agencies regarding upcoming biennium budget requests that included a goal of encouraging Ohio’s economic competitiveness and job growth while restraining state spending. With...

 Alert

July 26, 2016

OSHA Delays Enforcement of New Rule's Anti-Retaliation Provisions

On July 13, 2016, the Occupational Safety and Health Administration (OSHA) announced it was delaying enforcement of the anti-retaliation provisions in its new injury and illness tracking rule. Generally, the new rule requires large employers to elect...

 Alert

July 12, 2016

Ohio Medical Marijuana Law to Take Effect in September

Ohio’s new medical marijuana bill (HB 523) becomes effective on September 6, 2016. Passed by the Ohio General Assembly at the end of May and signed by Governor Kasich on June 6, the law makes Ohio the 25th state to pass a medical marijuana bill. The...

 Alert

July 11, 2016

Upcoming State Budget Expected to See Major Tax Changes - "This is a significant budget issue for the state, counties, and transit authorities," says State Budget Director

In the coming weeks, Governor Kasich and the General Assembly will begin drafting Ohio’s two-year state budget. While the official introduction of the budget will take place in February of 2017, discussions about what the budget will entail have alre...