Roetzel & Andress

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222 South Main Street
Akron, Ohio 44308, United States
Phone: 330.376.2700
Fax: 330.376.4577
Areas Of Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Florida
  • Illinois
  • Ohio
Number of Attorneys
100+ Attorneys

Minor Settlements in Ohio

In an ever-changing legal environment, one thing has always remained true – minor settlements in Ohio require Probate approval, no matter how small. The process may seem daunting, but ultimately there are only three primary…more

Bodily Injury, Custodians, Fund Distribution, Guardians, Minors

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Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

United States Supreme Court Holds That Involuntary Job Transfers Can Violate Title VII

On April 16, 2024, in the case of Muldrow v. St. Louis, the United States Supreme Court unanimously ruled that Title VII of the Civil Rights Act of 1964 prohibits discriminatory job transfers, even if the transfer does not come…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

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Ohio General Assembly Passes Emergency Legislation In Response To COVID-19

The Ohio General Assembly has passed emergency legislation in response to the COVID pandemic. The following issues were addressed: Water Disconnect Orders- Child Day Care- Education-..…more

Coronavirus/COVID-19, Emergency Response

See all updates »

The New FTC Rule Explained: Will Your Non-Compete Be Enforceable?

Host Ericka Adler welcomes Roetzel attorney Christina Kuta to the #HealthLawHotSpot this week to discuss the most frequently asked questions from clients about non-competes and the impact of the new FTC rule. Christina explains…more

Competition, Federal Trade Commission (FTC), Health Care Providers, Healthcare Facilities, Non-Compete Agreements

See all updates »

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

Court of Appeals Issues Significant Mineral Trespass Opinion Upholding Multi-Million-Dollar Future Damages Award

On January 18, 2023, in TERA, LLC v. Rice Drilling D, LLC, et al., --- N.E.3d ----, 2023-Ohio-273, the Seventh District Court of Appeals issued a key decision concerning mineral trespass law in Ohio. The court of appeals upheld…more

Appellate Courts, Bad Faith, Conversion, Land Owners, Mineral Leases

See all updates »

Illinois Small Businesses Now Eligible To Apply For SBA Disaster Loans

The state of Illinois has been added to the list of Presidential and SBA Agency Declared Disaster States. This designation enables Illinois small businesses to apply for low-interest SBA Economic Injury Disaster Loans in an…more

Coronavirus/COVID-19, Disaster Aid, Economic Injury Disaster Loans, Presidentially-Declared Major Disaster Area (PDMDA), Relief Measures

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Uptick in COVID Cases Prompts Additional EEOC Guidance

With COVID variant cases on the rise, the EEOC published new, additional guidance to employers on July 12, 2022. All of the EEOC’s updates can be found here. A few significant updates are summarized below:..…more

Coronavirus/COVID-19, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Guidance Update, Virus Testing

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Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

New Illinois Law Requires Larger Employers to Give Transit Benefits to Employees

Toward the end of 2023, Illinois enacted the Transportation Benefits Program Act. This Act, which became effective January 1, 2024, requires employers with 50 or more employees to provide their employees with a pre-tax commuter…more

Employee Benefits, Illinois, State Labor Laws, Transit Benefits, Wage and Hour

See all updates »

Ohio Supreme Court Expands Voluntary Abandonment Defense

In State ex rel. Klein v. Precision Excavating & Grading Co.,[1] decided September 27, 2018, the Ohio Supreme Court ruled a claimant who voluntarily removes himself from his former position of employment for reasons unrelated to…more

Disability, Disability Benefits, Employment Litigation, Wage and Hour

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U.S. Department of Education’s Office for Civil Rights Releases 4 New Resource Documents Addressing Students With Disabilities Under Section 504

On February 20, 2024, the U.S. Department of Education's Office for Civil Rights (OCR) released four (4) new resource documents on students with disabilities, reminding students with disabilities and K-12 schools (as well as…more

Department of Education, Disabilities, Educational Institutions, OCR, Regulatory Standards

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Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

Illinois Supreme Court Expands Exposure to Penalties Under Illinois Biometric Information Privacy Act

The Illinois Supreme Court issued its much-anticipated decision today in the Cothron v. White Castle case, which interpreted the Illinois Biometric Information Privacy Act (“BIPA”). The decision is likely to have far-reaching…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Data Privacy

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Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

22 Affirmative Defenses for 2022

As we say hello to a new year, let’s review 22 of the most common Affirmative Defense available to you under Ohio law. Most cases that we defend involve at least one, and usually more than one, of these defenses. Often the best…more

Affirmative Defenses, Car Accident, Strategic Planning, Summary Judgment

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Possible Leniency For Commercial Tenants And Real Estate Borrowers In Ohio

Governor Mike DeWine issued Executive Order 2020-08D directed at two commercial real estate constituencies affected by the COVID-19 pandemic. First, for the benefit of small business commercial tenants facing financial…more

Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction, Landlords

See all updates »

New Federal Law to Create Reporting Requirements for Most U.S. Entities

Many entities across the United States are about to have increased reporting requirements starting January 1, 2024. After a long anticipated-wait, FinCEN, the Financial Crimes Enforcement Network, issued a final rule on the…more

Beneficial Owner, Compliance, Corporate Transparency Act, Financial Crimes, FinCEN

See all updates »

Ohio General Assembly Passes Emergency Legislation In Response To COVID-19

The Ohio General Assembly has passed emergency legislation in response to the COVID pandemic. The following issues were addressed: Water Disconnect Orders- Child Day Care- Education-..…more

Coronavirus/COVID-19, Emergency Response

See all updates »

In-Person Burden on Remote Workplaces: Physical I-9 Document Re-Inspections Required by August 30, 2023

Since the late 1980s, U.S. employers have been required to verify employment eligibility of new hires by filling out Form I-9 within three business days of hire. Until March 2020, this process involved physical inspection of…more

Department of Homeland Security (DHS), E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers

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My Safe Florida Condominium Pilot Program Offers Hurricane Mitigation Assistance

House Bill 1029 established The My Safe Florida Condominium Pilot Program (the “Program”) effective July 1, 2024. This new Program aims to assist eligible condominium associations by offering hurricane mitigation inspections to…more

Condominiums, Department of Financial Services, Florida, Hurricane Season, Inspections

See all updates »

What is “Reasonable Diligence” Under the DMA? The Ohio Supreme Court Offers More Guidance to Landowners

On March 24, 2022, the Ohio Supreme Court reviewed the Ohio Dormant Mineral Act and further clarified the steps a surface owners must take to identify and locate mineral holders before serving notice of abandonment…more

Land Owners, Mineral Leases, Mineral Rights, OH Supreme Court, Oil & Gas

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Ohio Appellate Court Finds Virtual Contact Is Not Enough for Personal Jurisdiction

On June 30th, 2022, the Ninth District Court of Appeals issued a significant decision in Magnum Asset Acquisition, LLC v. Green Energy Technologies, LLC. The Court decided that virtual communication between parties to a contract…more

Appellate Courts, Breach of Contract, Due Process, Long Arm Statute, Out-of-State Companies

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President Signs Unprecedented $2 Trillion Coronavirus Stimulus Bill

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act (H.R. 478), which is a $2 trillion stimulus package in response to the impact the Coronavirus is having on the U.S…more

CARES Act, Coronavirus/COVID-19, Economic Stimulus, Financial Stimulus, Relief Measures

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Ohio Supreme Court Restores the Presumption of Regularity for Executive Session Deliberations

Public bodies rejoiced over the Ohio Supreme Court’s opinion in State of Ohio ex rel. Christopher Hicks v. Clermont County Board of Commissioners this past holiday season. The largely contentious case drew statewide attention…more

Meeting Minutes, OH Supreme Court, Open Meetings Act, Public Entities, Public Meetings

See all updates »

Court of Appeals Rules That Oil and Gas Company Has Ongoing Obligation to Restore Property Despite General Release of Damages in Surface Use Agreement

On April 11, 2022, the Fourth District Court of Appeals issued a significant decision in Zimmerview Dairy Farms, LLC v. Protégé Energy III LLC establishing that a general release of damages signed in connection with a pad site…more

Appellate Courts, Land Owners, Oil & Gas, Pipelines, Property Damage

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Sixth Circuit Throws Out Minimum Wage Standards for Employees Who Drive Their Own Vehicles for Work

Last week, the U.S. 6th Circuit Court of Appeals, which covers Michigan, Ohio, Kentucky & Tennessee, turned minimum wage law for employees who drive their personal vehicles for work on its head. While the decision specifically…more

Business Expenses, Corporate Counsel, Delivery Drivers, IRS, Mileage Reimbursement

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Roetzel & Andress: 2020 Appellate Year In Review

The Appellate Law Practice Group of Roetzel & Andress represented clients in a wide variety of cases in both state and federal courts, appealing adverse trial court rulings and successfully defending lower court victories on…more

Abandoned Property, Appeals, Appellate Courts, Attorney's Fees, Breach of Contract

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Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

Employee Retention Tax Credit: Post COVID Updates for Healthcare Practices

Joining host Ericka Adler on the #HealthLawHotSpot this week is fellow Roetzel shareholder and leader of the tax practice group, attorney Donna Hartl. Donna provides insight on how and why the Employee Retention Tax Credit…more

Coronavirus/COVID-19, Employee Retention, IRS, Payroll Taxes, Relief Measures

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Now That We’ve Seen the Eclipse, It’s Time To Plan for the TCJA Sunset

As the ball drops in Times Square on December 31, 2024, many of the tax breaks established by the Tax Cuts and Jobs Act (TCJA) of 2017 will disappear. While the TCJA made some permanent tax cuts, a number of tax cuts and…more

Clawbacks, Estate Tax, Family Trusts, Income Taxes, IRS

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Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

School Bus Stop-Arm Camera Laws: Safety Takes A Front Seat As Kids Head Back To Class - UPDATED September 2021

Children are returning to in-person learning and legislatures across Indiana, Kentucky, and Ohio are working to keep them safe while they travel between home and school. Following a tragic October 2018 accident where a motorist…more

Cameras, Child Safety, NTSB, School Transportation

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Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

The Nuts and Bolts of Noncompete Agreements: Part 2: Executive Order Update

Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined again this week by Adam Hirsch, Roetzel business litigation attorney, for Part 2 of an overview of noncompete clauses in contracts with…more

Biden Administration, Competition, Employment Contract, Executive Orders, Health Care Providers

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Legislation Introduced in Ohio General Assembly to Increase Minimum Teacher Salaries

House Bill 411 has been introduced in the Ohio General Assembly to increase the minimum salary schedule for Ohio teachers that is found in Ohio Revised Code 3317.13. The proposed legislation would increase the teacher annual…more

Legislative Agendas, Minimum Salary, Proposed Legislation, Teachers, Wage and Hour

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IRS Issues Proposed Regulations on Long-Term, Part-Time Employees

Historically, qualified retirement plans have excluded part-time employees from participation. An employer’s ability to do so has now been limited by the Setting Every Community Up for Retirement Enhancement Act (“SECURE Act”)…more

401k, Employee Benefits, Employee Contributions, IRS, Part-Time Employees

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Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

Third-Party Releases Are Not Consistent with Bankruptcy Code: Creditors Can Still Maintain Direct Claims

A federal district court judge in New York has vacated a bankruptcy court’s confirmation of the controversial Chapter 11 plan of Purdue Pharma, LP. The reorganization of Purdue Pharma sought to provide a release of all third…more

Bankruptcy Code, Chapter 11, Creditors, Debtors, Opioid

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Are Violations Of The FMCSRs Admissible To Show Negligence In A Trucking Case? Not According To The Sixth Circuit

In trucking cases, plaintiff’s lawyers like to use the Federal Motor Carrier Safety Regulations (“FMCSRs”) against trucking companies and their drivers. Sometimes the FMCSRs are used to argue that truck drivers are “professional…more

Commercial Truck Drivers, FMCSA, Motor Carriers, Safety Standards, Trucking Industry

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Negative Online Reviews and Reputation Management: Tips for Health Care Practices and Providers

More patients than ever admit to choosing their health care providers based on what they read online. This means that false and misleading reviews which appear online can significantly impact a health care provider’s reputation…more

Defamation, False Statements, Health Care Providers, Libel, Online Reviews

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Rising Inflation Affects Ceilings on Retirement Contributions, Transfer Tax Credits and Income Tax Brackets for 2023

The IRS on Friday announced a historic increase in contribution limits to 401(k) and other qualified retirement plans. In 2023, you may contribute up to $22,500 to your 401(k), 403(b) and most 457 plans, which represents more…more

401k, Contribution Limits, Employee Benefits, Generation-Skipping Transfer, Gift Tax

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Ohio Supreme Court Restores the Presumption of Regularity for Executive Session Deliberations

Public bodies rejoiced over the Ohio Supreme Court’s opinion in State of Ohio ex rel. Christopher Hicks v. Clermont County Board of Commissioners this past holiday season. The largely contentious case drew statewide attention…more

Meeting Minutes, OH Supreme Court, Open Meetings Act, Public Entities, Public Meetings

See all updates »

Supreme Court Issues Decision Finding TTD Compensation Can Be Terminated Based on MMI Prior to the Date of Industrial Commission Hearing

On March 5, 2024, the Ohio Supreme Court announced its decision in State ex rel. Dillon v Industrial Commission (Slip Opinion No. 2024-Ohio-744). In so doing, the Court overruled 25-year precedent from its prior authority in…more

Medical Examinations, OH Supreme Court, Temporary Total Disability, Workers’ Compensation, Workplace Injury

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Reminder: Cigar Warning Statements and Warning Plans

The Deeming Regulations enacted by the Food and Drug Administration (FDA) on May 10, 2016, expanded the agency’s tobacco regulatory authority to cigars and certain other tobacco products. Among the regulatory provisions made…more

Food and Drug Administration (FDA), Tobacco Regulations, Warning Labels

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The New FTC Rule Explained: Will Your Non-Compete Be Enforceable?

Host Ericka Adler welcomes Roetzel attorney Christina Kuta to the #HealthLawHotSpot this week to discuss the most frequently asked questions from clients about non-competes and the impact of the new FTC rule. Christina explains…more

Competition, Federal Trade Commission (FTC), Health Care Providers, Healthcare Facilities, Non-Compete Agreements

See all updates »

Two New Laws Every Illinois Employer Needs to Know

The law requiring that employers whose employees are scheduled to work at least 7-1/2 hours in a particular day must be provided with an unpaid meal break of at least 20 minutes no later than 5 hours into the workday has been…more

Employer Liability Issues, Illinois, New Legislation, Paid Time Off (PTO), Rest and Meal Break

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Criminal Penalties in Florida for Failing to Provide Affidavit about Foreign Entities at Closing

Effective July 1, 2023, new Florida legislation (FL SB264) prohibits the purchase of Florida agricultural lands and land within 10 miles of military bases or critical infrastructure by foreign principals from China, Cuba, Iran,…more

Agricultural Land, Critical Infrastructure Sectors, Failure to Comply, Florida, Foreign Adversaries

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Estate Planning Techniques To Consider In Anticipation Of Potential Changes To Estate And Gift Tax Law

The upcoming election has caused many taxpayers to be concerned regarding potential changes to the estate and gift tax law. Currently, the federal gift and estate tax exemption is $11.58 million per person. This is the highest…more

Beneficiaries, Estate Planning, Estate Tax, Gift Tax, Grantor Retained Annuity Trusts (GRATs)

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Governor DeSantis Signs Senate Bill Establishing Building Safety Act for Condominium and Cooperative Associations

Yesterday, the Governor signed into law Senate Bill 4-D, passed during special legislative session and which is effective upon becoming law. This Bill is a response to the Surfside collapse last year and modifies Florida…more

Building Codes, Chief Compliance Officers, Condominiums, Fiduciary Duty, Florida

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Ohio General Assembly Passes Emergency Legislation In Response To COVID-19

The Ohio General Assembly has passed emergency legislation in response to the COVID pandemic. The following issues were addressed: Water Disconnect Orders- Child Day Care- Education-..…more

Coronavirus/COVID-19, Emergency Response

See all updates »

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

Possible Leniency For Commercial Tenants And Real Estate Borrowers In Ohio

Governor Mike DeWine issued Executive Order 2020-08D directed at two commercial real estate constituencies affected by the COVID-19 pandemic. First, for the benefit of small business commercial tenants facing financial…more

Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction, Landlords

See all updates »

My Safe Florida Condominium Pilot Program Offers Hurricane Mitigation Assistance

House Bill 1029 established The My Safe Florida Condominium Pilot Program (the “Program”) effective July 1, 2024. This new Program aims to assist eligible condominium associations by offering hurricane mitigation inspections to…more

Condominiums, Department of Financial Services, Florida, Hurricane Season, Inspections

See all updates »

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

Regulation of PFAS Chemicals Fully Underway

April saw two major developments with the regulation of per- and polyfluoroalkyl substances, the so-called “forever chemicals” known as “PFAS.” On April 10, U.S. EPA issued drinking water standards for the PFAS chemicals PFOA…more

CERCLA, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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New Illinois Law Requires Larger Employers to Give Transit Benefits to Employees

Toward the end of 2023, Illinois enacted the Transportation Benefits Program Act. This Act, which became effective January 1, 2024, requires employers with 50 or more employees to provide their employees with a pre-tax commuter…more

Employee Benefits, Illinois, State Labor Laws, Transit Benefits, Wage and Hour

See all updates »

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…more

Brick-and-Mortar Stores, E-Commerce, Internet Retailers

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Upcoming FDA Hearings May Have Huge Impact On Cannabis Industry

There could be big changes on the horizon regarding the regulation of CBD (cannabidiol), the non-psychoactive chemical compound which can be extracted from hemp and marijuana. It is gaining popularity in various health and…more

Cannabidiol (CBD) oil, Farm Bill, Food and Drug Administration (FDA), Marijuana, Marijuana Related Businesses

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Handling COVID-19 Issues On Construction Project Sites In Ohio

Governor DeWine continues to permit work on construction projects in Ohio to proceed. In proceeding, contractors must take precautions to protect its workers and limit the possible exposure of persons to the coronavirus. In this…more

Construction Industry, Construction Project, Coronavirus/COVID-19, Infectious Diseases

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Significant Changes to Title IX Adopted by the U.S. Department of Education

On April 19, 2024, the United States Department of Education (the “Department”) released its long-awaited final rule amending Title IX regulations. School districts will need to prepare to implement the new regulations as they…more

Amended Legislation, Department of Education, Educational Institutions, Final Rules, Grievance Process

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Ohio General Assembly Passes Emergency Legislation In Response To COVID-19

The Ohio General Assembly has passed emergency legislation in response to the COVID pandemic. The following issues were addressed: Water Disconnect Orders- Child Day Care- Education-..…more

Coronavirus/COVID-19, Emergency Response

See all updates »

U.S. Senate Passes SBA Economic Relief Bill

Early this morning, the United States Senate unanimously approved Senate Bill 3548 allowing the expansion of the SBA 7(a) loan program to provide economic relief to small businesses through the new Paycheck Protection…more

Business Interruption, Coronavirus/COVID-19, Economic Injury Disaster Loans, Relief Measures, SBA

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“Permanent and Substantial Deformity”: What it Means and How it is Interpreted Regarding the Application of the Statutory Cap on Noneconomic Damages

Ohio law caps damages that can be awarded for pain and suffering (i.e., noneconomic damages) up to $350,000 in tort claims unless a plaintiff can establish that she: (1) sustained a permanent and substantial physical deformity;…more

Bodily Injury, Car Accident, Damages, Functionality, Non-Economic Damages

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Ohio CDL Manuals Do Not Alter The Standard Of Care For Truck Drivers

A recent opinion by an Ohio Federal Court rejects an argument frequently made by the plaintiffs’ bar in truck accident cases –that commercial truck drivers should be held to a higher standard of care because they are…more

Commercial Driving Licenses, Commercial Truck Drivers, Duty of Care, Handbooks, Transportation Industry

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Basics of a Healthcare Contract: When Do You Actually Have One and What Happens if It's Breached?

Many clients ask, what is a contract? Does it need to be a written contract, or can it be oral? How do you enforce a contract when there’s a breach? In this episode host Ericka Adler, Roetzel Health Law practice group leader,…more

Breach of Contract, Contract Disputes, Contract Terms, Oral Contracts

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Recent Changes to the Ohio Rules Address Remote Attendance, Discovery Disputes, and Service of Process

The following highlights several of the changes to the Ohio Rules of Civil Procedure that went into effect on July 1, 2023. The changes impact, among other things, physical and remote appearance, the rules governing discovery,…more

Coronavirus/COVID-19, Discovery, Jurisdiction, Pro Se Litigants, Public Safety

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New Late Assessment Notice Requirement For Florida Condominium, Cooperative, And Homeowners’ Associations

As of July 1, 2021, Florida condominium, cooperative, and homeowners’ associations will be required to send notice of past due assessments before they can collect attorneys’ fees from the delinquent owner. Currently, the…more

Assessment, Condominium Associations, Condominiums, Homeowners Association (HOA), Maintenance Fees

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Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

Cybersecurity: What Healthcare Providers Need to Know

On this episode of the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel shareholder Hillard Sterling for an in-depth discussion on cybersecurity issues that health care providers are facing. Ericka and Hillard…more

Cybersecurity, Data Breach, Employee Training, Hackers, Health Care Providers

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State Issues Set for November Ballot

Ohio voters will have the opportunity to weigh in on two constitutional amendments on the ballot this November. HJR 2 and HJR 4 cleared the Ohio legislature yesterday during marathon sessions as the General Assembly worked…more

American Civil Liberties Union (ACLU), Constitutional Amendment, General Assembly, General Elections, Non-Citizens

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Supreme Court to Rule on Estate Tax Valuation of Stock Purchased with Corporate-Owned Life Insurance Proceeds

If a shareholders agreement sets forth a fixed and determinable price that satisfies the requirements of Code Section 2703(b) and cases interpreting that term, then that price will be respected for federal estate tax valuation…more

Closely Held Businesses, Estate Tax, Life Insurance, Shareholders' Agreements, Stocks

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Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

See all updates »

Court of Appeals Issues Significant Mineral Trespass Opinion Upholding Multi-Million-Dollar Future Damages Award

On January 18, 2023, in TERA, LLC v. Rice Drilling D, LLC, et al., --- N.E.3d ----, 2023-Ohio-273, the Seventh District Court of Appeals issued a key decision concerning mineral trespass law in Ohio. The court of appeals upheld…more

Appellate Courts, Bad Faith, Conversion, Land Owners, Mineral Leases

See all updates »

New Federal Law to Create Reporting Requirements for Most U.S. Entities

Many entities across the United States are about to have increased reporting requirements starting January 1, 2024. After a long anticipated-wait, FinCEN, the Financial Crimes Enforcement Network, issued a final rule on the…more

Beneficial Owner, Compliance, Corporate Transparency Act, Financial Crimes, FinCEN

See all updates »

Will Cannabis Ever Be Legalized At The Federal Level?

Many states have legalized the use of cannabis for medical and/or recreational usage. However, cannabis is still listed as a Schedule I drug under the Controlled Substances Act and thus illegal at the federal level. Passage of…more

Cannabis Products, Controlled Substances Act, Criminal Penalties, Criminal Records, Decriminalization of Marijuana

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Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with current…more

Adverse Employment Action, Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act

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Substitute Version of Bill in Ohio House That Could Dramatically Change Eminent Domain Law Recently Accepted by Committee

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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