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August 21, 2017

Roetzel Secures Quick Win for Green Tech Firm

Lead by Roetzel’s Business Litigation Practice Group Manager Paul Giordano and Associate Brian Hoops, a Miami court this week agreed that California green tech firm could not be sued in Florida, even though it had several business affiliations in the...

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August 21, 2017

Student Expulsion Upheld for Off-Campus, Online Activity

On July 26, 2017, the 5th Appellate District Court of Appeals (Richland County) issued a decision in N.Z. vs Madison Local Board of Education that should be read by every school administrator involved in student discipline. In October of 2015, a b...

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August 18, 2017

Florida Property Owners: The Notice of Proposed Property Taxes from Your County Property Appraiser-Beware of Deadline for Appeal

What to Do with the Notice Immediately open the Notice of Proposed Property Taxes and examine its contents for accuracy. The Notice contains column headings which include: Taxing Authority Your Property Taxes Last Year Las...

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Gain Realized by Non-Resident Foreign Partner Upon the Sale of Its Interest in a U.S. Partnership is Not U.S.-Source Income Unless an Exception Applies

In Grecian Magnesite Mining, Industrial & Shipping Co., SA, v. Commissioner of Internal Revenue (filed on July 13, 2017), the United States Tax Court overturned Revenue Ruling 91-32 (which had been relied on since 1991) and held that gain recognized...

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August 2017

Settlement Clauses -- Buyer Beware

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July 14, 2017

Roetzel Wins Two Significant Appellate Court Victories in $35 Million Federal Court Lawsuit and State Court Class Action

Roetzel’s Appellate Law group, led by Partner Stephen W. Funk, recently won two important appellate court victories in the federal and state courts.  On July 12, 2017, the United States Court of Appeals for the Sixth Circuit issued a unanimous decisi...

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July 06, 2017

STATE BUDGET UPDATE: In a Historic Move, House Votes to Override 11 of the Governor's Vetoes from State Budget

The last time the Legislature voted to override multiple state budget vetoes was exactly forty (40) years ago to this day on July 6, 1977 under then Governor James Rhodes (R) and former longtime House Speaker Vern Riffe (D). However, just this mornin...

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July 03, 2017

State Budget Wrap-Up: Extensive Public Policy and Funding Changes - What You Need to Know

Just before the midnight deadline on Friday, Governor John R. Kasich signed the state’s two-year operating budget into law. The Governor first released his budget proposal in January 2017 and the Legislature has spent the last six (6) months hearing...

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June 30, 2017

OSHA Proposes to Extend July 1 Deadline for Injury and Illness Summaries

The Occupational Safety and Health Administration (OSHA) had previously set a deadline of July 1, 2017 for certain employers to electronically submit Form 300A, Annual Injury and Illness Summaries. In a proposed rule included in the June 28, 2017 Fed...

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June 29, 2017

2017 Community Association Legislation

The Florida Legislature has approved several bills affecting condominium, cooperative, and homeowners’ associations.  House Bill 1237 and Senate Bill 1520 only amend Chapter 718, Florida Statutes (the Condominium Act). Senate Bill 398 amends the Cond...

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June 25, 2017

Convention Center overhaul nearing finish; interactive sculpture planned near entrance

The $125 million overhaul of the Greater Columbus Convention Center is running on time. Completion is set for July 1 as planned, after 22 months of work that was done in phases to keep the center operational. But don’t expect any big parties or ri...

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June 20, 2017

IRS Grants Extension of Time to Acquired Group to Elect to Deduct 70-Percent of Their Success-Based Advisor Fees

In Private Letter Ruling 201722002 (published June 2, 2017), the Internal Revenue Service (IRS) granted the taxpayer, a group of corporations that were acquired pursuant to a plan and agreement of merger and became wholly owned subsidiaries of the ac...

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June 09, 2017

Recent United States Supreme Court Decision Further Constricts Use of General Personal Jurisdiction to "Forum Shop" Against Transportation Companies

The Supreme Court’s recent decision in BNSF Ry. Co. v. Tyrrell (BNSF), No. 16-405, 2017 WL 2322834, (U.S. May 30, 2017) demonstrates why personal jurisdiction should be examined in response to every lawsuit filed against a transportation company and...

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May 24, 2017

The 3Rs Program, Including Immigrants and Refugees

Growing up, my parents instilled many important things into my child-sized head: “Say please and thank you!”; “Don’t talk to strangers!”; “Maybe next year, the Browns will be good...”; and “Ohio State is better than that school up north.” Most of us,...

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May 22, 2017

Ohio House of Representatives Passes Bill Removing Workers' Compensation Benefits for Unauthorized Aliens; Reduces Time to File Claim to One Year for all Workers

The House of Representatives passed House Bill 27 (HB 27) to provide for a $566.5 million workers’ compensation budget over the next two years. The House of Representatives included three significant additions to that bill: The time for an inju...

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May 18, 2017

Delaware Court of Chancery Focuses on Fiduciary Duty of Directors Appointed by Preferred Stockholders

In a recent Delaware Court of Chancery opinion filed April 14, 2017 in The Frederick Hsu Living Trust v. ODN Holding Corporation, the court held that it may be a breach of the directors’ fiduciary duty to cause the corporation to sell off parts of it...

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September 2016

When a Not-Guilty Verdict Is Meaningless

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May 03, 2017

R.I.P. to Brick-and-Mortar Stores in India

It is a millennial world – and with that comes the ability to do almost anything online. This is not a surprise to most Americans, as many well-known American clothing retailers have fallen prey to the rise of e-commerce. However, what may come as a...

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May 2017

The Spearin Doctrine Is 100 Years Old

Contractors are governed by the terms of their contracts, statutes, regulations, and case law. The contract can consist of the terms and conditions of the actual contract, general conditions, supplemental conditions, sometimes proposals, reports, pla...

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April 05, 2017

Federal Appeals Court Rules Civil Rights Act Protects LGBT Employees

A federal appeals court ruled on Tuesday that Title VII of the Civil Rights Act of 1964 prohibits job discrimination against gay, lesbian, bisexual, and transgender employees. The decision, by the United States Court of Appeals for the Seventh Circui...