Author Info for Hahn Loeser & Parks LLP

Andrew Agati

Ohio H.B. 589 - Business Interruption Insurance Fund Proposal

A bill has been introduced in Ohio’s Legislature that, if passed, may provide for “Business Interruption” coverage, at least for some Ohio-based companies that had purchased such insurance before the COVID-19 pandemic. Below are…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry

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Christopher Blake

The Corporate Transparency Act to Take Effect: What Business Owners Need to Know

U.S. companies will soon face new reporting requirements under the Corporate Transparency Act (“CTA”). The new law will require entities identified as reporting companies to provide information about their beneficial owners. The…more

Anti-Money Laundering, Beneficial Owner, Corporate Governance, Corporate Transparency Act, Financial Crimes

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Molly Brown

Using Private Capital for Commercial Real Estate Development

The tightening in lending standards experienced over the last year is attributable to factors beyond credit quality of borrowers and lenders’ concentration in credit risk in CRE, namely: (1) lenders’ expectation …more

Borrowers, Commercial Real Estate Market, Debt Securities, Investors, Lenders

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Joel Cooper

Using Private Capital for Commercial Real Estate Development

The tightening in lending standards experienced over the last year is attributable to factors beyond credit quality of borrowers and lenders’ concentration in credit risk in CRE, namely: (1) lenders’ expectation …more

Borrowers, Commercial Real Estate Market, Debt Securities, Investors, Lenders

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Robert Cooper

Florida's New COVID-19 Liability Protection Law

On March 29, 2021, Governor Ron DeSantis signed into law Senate Bill 72 (2021) to protect Florida individuals and businesses against lawsuits claiming COVID-19 related damages, injuries or death. WHO IS PROTECTED BY THIS…more

Affidavits, Burden of Proof, Coronavirus/COVID-19, Damages, Florida

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Justin Croniser

Promptly Pay the Subcontractor or Pay the Consequences

Under Ohio’s Prompt Pay Act, a general contractor could end up paying more for the subcontractor’s attorneys’ fees than the general contractor owed to the subcontractor. That was the ruling by the Ohio appellate court in Atlas…more

Attorney's Fees, Construction Contracts, Contract Terms, General Contractors, Prompt Payment

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John Cunniff

The European Patent System Is Changing

AN INTRODUCTION TO THE NEW EUROPEAN UNIFIED PATENT COURT- In spite of years of debate and negotiations (and complicating events like COVID and Brexit), the final stage for a new option for patent enforcement (or attack on…more

EU, European Patent Office, Patent Applications, Patents, Unified Patent Court

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Rocco Debitetto

Congress Reopens The Paycheck Protection Program

The Paycheck Protection Program (“PPP”), one of the pillars of the economic stimulus enacted in response to COVID-19, reopened this week after Congress appropriated more than $284 billion to make loans to small- and medium-sized…more

Borrowers, CARES Act, Coronavirus/COVID-19, Independent Contractors, Loan Forgiveness

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Daniel DeMarco

Congress Reopens The Paycheck Protection Program

The Paycheck Protection Program (“PPP”), one of the pillars of the economic stimulus enacted in response to COVID-19, reopened this week after Congress appropriated more than $284 billion to make loans to small- and medium-sized…more

Borrowers, CARES Act, Coronavirus/COVID-19, Independent Contractors, Loan Forgiveness

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Mary Dennison

Texas Judge Overturns FTC Ban on Non-Competes

The Federal Trade Commission’s effort to ban non-compete agreements has been upended by a U.S. District Judge in Texas. As a result, the non-compete ban will not go into effect nationwide…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Injunctions, Non-Compete Agreements

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David Elsey

How Can We Overcome Material Procurement and Delivery Risks in Our Industry? (Properties Magazine)

At the most basic level, contracts serve to assign, allocate, and mitigate risk. Parties—unsurprisingly—are typically unwilling to adopt greater risk than required, and often look to assign most of the risk to the other…more

Bid Proposals, Collaboration, Construction Contracts, Construction Industry, Construction Project

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Christina Evans

The Results Of The 2020 Election Could Affect The Estate And Gift Tax Laws

Between now and November 3, we will vote in the next Presidential election. The outcome could result in a sharp decline in the amount of the federal estate and gift tax exemption (the “Exemption”). The Exemption represents…more

Estate Planning, Estate Tax, Gift Tax, Presidential Elections, Standard of Living

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Aaron Evenchik

Expanding Intrigue of AI in Construction

Artificial Intelligence (“AI”) has roared into the discourse of the new economy. While the construction industry has lagged behind in its implementation, there is no doubt that AI has become an inescapable reality. Opportunity…more

Analytics, Artificial Intelligence, Commercial Litigation, Construction Industry, Construction Project

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Steven Feldman

USPTO Requires U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants

Earlier in July 2019, the United States Patent and Trademark Office (USPTO) issued a final rule amending the Rules of Practice in Trademark Cases, the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid…more

Amended Rules, Foreign Trademark, Legal Representatives, Madrid Protocol, New Rules

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Andrés Gallegos II

Department of Labor 2023 Enforcement Report – OSHA Insights

On January 26, 2024, the U.S. Department of Labor’s (“Department”) Office of Solicitor (“SOL”) published its FY2023 Enforcement Report (“Enforcement Report”). The report provides an insight into the Department’s labor and…more

Child Labor, Civil Monetary Penalty, Corporate Counsel, Department of Labor (DOL), Employer Liability Issues

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Stephen Gariepy

The Results Of The 2020 Election Could Affect The Estate And Gift Tax Laws

Between now and November 3, we will vote in the next Presidential election. The outcome could result in a sharp decline in the amount of the federal estate and gift tax exemption (the “Exemption”). The Exemption represents…more

Estate Planning, Estate Tax, Gift Tax, Presidential Elections, Standard of Living

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Michael Gleason

California’s Proposition 65: Recent 60-Day Notices Target California Restaurants

A recent uptick in Proposition 65 notices of violation have targeted California restaurants. These notices are issued from a particular private enforcer (or bounty hunter), but such trends often prompt others to follow suit…more

California, Chemicals, Proposition 65, Restaurant Industry, Safe Harbors

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Kate Grady

Correcting the Past and Securing Your Future: What Title Insurance Endorsements Can Do for You

When it comes to risk mitigation for property investors, title insurance may be the best kept secret in the industry. While the concept of title insurance is well known and most investors understand the basic coverage offered by…more

Collateral, Easements, Encroachments, Endorsements, Lenders

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Matthew Grashoff

Beware Potential Hidden “Warranties” in Contract Documents

Warranties provided to project owners are often some of the most-negotiated provisions in a construction contract. What will the warranties cover? How can they be enforced? Perhaps most importantly: how long will they be in…more

Construction Contracts, Construction Defects, Construction Industry, Construction Project, Statute of Repose

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Rachel Hazelet

Lateral Transfers and Reassignments Resulting in “Some Harm” May Now Give Rise To Actionable Discrimination Under Title VII

For decades, employers have depended on the rule that transferring or reassigning an employee would not give rise to an actionable discrimination claim, as long as such an action did not “significantly” change an employee’s pay…more

Civil Rights Act, Discrimination, Employee Transfers, Employment Litigation, Lateral Transfers

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Jim Heffner

Congress Reopens The Paycheck Protection Program

The Paycheck Protection Program (“PPP”), one of the pillars of the economic stimulus enacted in response to COVID-19, reopened this week after Congress appropriated more than $284 billion to make loans to small- and medium-sized…more

Borrowers, CARES Act, Coronavirus/COVID-19, Independent Contractors, Loan Forgiveness

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Kelsey Holmberg

Beware! Corporate Transparency Act Scams Target Business Owners

The Corporate Transparency Act (“CTA”) took effect on January 1, 2024, and with it comes new federal reporting requirements for many business owners across the United States. Unfortunately, the introduction of the CTA has…more

Better Business Bureau, Corporate Counsel, Corporate Transparency Act, FBI, FinCEN

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Bret Hrivnak

USPTO Requires U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants

Earlier in July 2019, the United States Patent and Trademark Office (USPTO) issued a final rule amending the Rules of Practice in Trademark Cases, the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid…more

Amended Rules, Foreign Trademark, Legal Representatives, Madrid Protocol, New Rules

See all updates »

Danielle Humphries

The Results Of The 2020 Election Could Affect The Estate And Gift Tax Laws

Between now and November 3, we will vote in the next Presidential election. The outcome could result in a sharp decline in the amount of the federal estate and gift tax exemption (the “Exemption”). The Exemption represents…more

Estate Planning, Estate Tax, Gift Tax, Presidential Elections, Standard of Living

See all updates »

Joel Hyatt

Congress Reopens The Paycheck Protection Program

The Paycheck Protection Program (“PPP”), one of the pillars of the economic stimulus enacted in response to COVID-19, reopened this week after Congress appropriated more than $284 billion to make loans to small- and medium-sized…more

Borrowers, CARES Act, Coronavirus/COVID-19, Independent Contractors, Loan Forgiveness

See all updates »

Malek Khawam

Expanding Intrigue of AI in Construction

Artificial Intelligence (“AI”) has roared into the discourse of the new economy. While the construction industry has lagged behind in its implementation, there is no doubt that AI has become an inescapable reality. Opportunity…more

Analytics, Artificial Intelligence, Commercial Litigation, Construction Industry, Construction Project

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Ann Knuth

With Less than 60 Days Remaining, Employers Plan for the (Second) Increase to the Salary Threshold For White Collar Exemptions

The second increase to the salary threshold for the overtime exemption for employees employed in a bona fide executive, administrative, or professional capacity is scheduled to take effect January 1, 2025. Employers should plan…more

Department of Labor (DOL), Exempt-Employees, Highly Compensated Employees, Minimum Salary, Over-Time

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Rachel Kolecky

New York Labor Law Creates Joint Liability for Construction Contractors

On Labor Day, Governor Kathy Hochul signed into law an amendment to New York Labor Law that holds prime and general construction contractors jointly and severally liable for unpaid wages, benefits, and wage supplements owed by a…more

Collective Bargaining Agreements (CBA), Construction Contracts, Duty to Defend, Joint Liability, New York

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Andrew May

Using Private Capital for Commercial Real Estate Development

The tightening in lending standards experienced over the last year is attributable to factors beyond credit quality of borrowers and lenders’ concentration in credit risk in CRE, namely: (1) lenders’ expectation …more

Borrowers, Commercial Real Estate Market, Debt Securities, Investors, Lenders

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Andrew Natale

Contracting Issues for 2022 - Hahn Loeser

Contractors learned many lessons from 2020-2022 on material/labor availability, price escalation, and contractual allocations of risk. Prudent contractors will consider this in contracts moving forward…more

Construction Contracts, Construction Liens, Construction Project, Contingency Plans, Contractors

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James Oliver

Business Owners to Face New Federal Reporting Obligations Under the Corporate Transparency Act in 2024

As we approach the end of 2023, nearly all privately owned businesses operating in the United States must prepare for the implementation of the Corporate Transparency Act (“CTA”), a federal law taking effect on January 1, 2024,…more

Beneficial Owner, Corporate Transparency Act, Domestic Corporations, Financial Crimes, Foreign Corporations

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Lawrence Oscar

Congress Reopens The Paycheck Protection Program

The Paycheck Protection Program (“PPP”), one of the pillars of the economic stimulus enacted in response to COVID-19, reopened this week after Congress appropriated more than $284 billion to make loans to small- and medium-sized…more

Borrowers, CARES Act, Coronavirus/COVID-19, Independent Contractors, Loan Forgiveness

See all updates »

Michael Pascoe

Department of Labor 2023 Enforcement Report – OSHA Insights

On January 26, 2024, the U.S. Department of Labor’s (“Department”) Office of Solicitor (“SOL”) published its FY2023 Enforcement Report (“Enforcement Report”). The report provides an insight into the Department’s labor and…more

Child Labor, Civil Monetary Penalty, Corporate Counsel, Department of Labor (DOL), Employer Liability Issues

See all updates »

Robert Port

Ohio’s Encouraging Diversity, Growth And Equity Program And Recent Revisions

In order to encourage and support the growth of minority and socially and economically disadvantaged businesses, the State of Ohio implemented several business assistance programs to foster the development of these businesses…more

Business Development, Diversity, Minority-Owned Businesses, Revocation, Statements of Net Worth

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Richard Prasse

New York Labor Law Creates Joint Liability for Construction Contractors

On Labor Day, Governor Kathy Hochul signed into law an amendment to New York Labor Law that holds prime and general construction contractors jointly and severally liable for unpaid wages, benefits, and wage supplements owed by a…more

Collective Bargaining Agreements (CBA), Construction Contracts, Duty to Defend, Joint Liability, New York

See all updates »

Michael Reed

New York Labor Law Creates Joint Liability for Construction Contractors

On Labor Day, Governor Kathy Hochul signed into law an amendment to New York Labor Law that holds prime and general construction contractors jointly and severally liable for unpaid wages, benefits, and wage supplements owed by a…more

Collective Bargaining Agreements (CBA), Construction Contracts, Duty to Defend, Joint Liability, New York

See all updates »

Rob Remington

Healthy Demand Amid Troubling Headwinds (Properties Magazine)

Stakeholders in the construction industry are managing the increasingly complex and costly challenges associated with major projects, facilities, skilled labor forces, suppliers, and real estate. Originally published in…more

Construction Contracts, Construction Industry, Construction Project, Federal Funding, Inflation Reduction Act (IRA)

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Sonja Rice

“Greening” Your Contracts (Properties Magazine)

Allocating the Risks and Benefits of Green Construction- Sustainable (or “green”) construction practices and the trend toward green buildings are here to stay, driven not only by federal, state, and local legislation, tax…more

Carbon Emissions, Certifications, Construction Industry, Construction Project, Coronavirus/COVID-19

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Sherry Rollo

USPTO Requires U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants

Earlier in July 2019, the United States Patent and Trademark Office (USPTO) issued a final rule amending the Rules of Practice in Trademark Cases, the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid…more

Amended Rules, Foreign Trademark, Legal Representatives, Madrid Protocol, New Rules

See all updates »

Tara Rose

Correcting the Past and Securing Your Future: What Title Insurance Endorsements Can Do for You

When it comes to risk mitigation for property investors, title insurance may be the best kept secret in the industry. While the concept of title insurance is well known and most investors understand the basic coverage offered by…more

Collateral, Easements, Encroachments, Endorsements, Lenders

See all updates »

Steven Seasly

U.S. Department of Labor Announces Overhaul of Prevailing Wage Rules

On March 11, 2022, the U.S. Department of Labor announced a Notice of Proposed Rulemaking to update the rules governing how workers are paid on federally funded construction projects. The proposed changes represent the largest…more

Construction Industry, Construction Project, Construction Workers, Corporate Counsel, Davis-Bacon Act

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Jeanne Seewald

Warning Update – Trademark Office Impostors

Last September, in our legal alert, “Beware! Trademark Solicitations” we warned clients of the ongoing disreputable efforts of companies who attempt to profit by confusing trademark owners into paying unnecessary “renewal fees”…more

Personal Information, Renewal Fees, Scams, Trademark Ownership, Trademarks

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Colten Siedlarczyk

Department of Labor 2023 Enforcement Report – OSHA Insights

On January 26, 2024, the U.S. Department of Labor’s (“Department”) Office of Solicitor (“SOL”) published its FY2023 Enforcement Report (“Enforcement Report”). The report provides an insight into the Department’s labor and…more

Child Labor, Civil Monetary Penalty, Corporate Counsel, Department of Labor (DOL), Employer Liability Issues

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Kelsey Smith

Let Them Eat Cake: What Could the Recent Attack on the Mona Lisa Possibly Have to Do with Climate Change?

Last month, Leonardo da Vinci’s Mona Lisa (well, the bulletproof glass she’s encased in) was smeared with cake—apparently to protest climate change. The protester was a man disguised, in wig and makeup, as an elderly lady in a…more

Activist, Climate Change, Fine Art, Protests, Vandalism

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Daniel Smola

USPTO Requires U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants

Earlier in July 2019, the United States Patent and Trademark Office (USPTO) issued a final rule amending the Rules of Practice in Trademark Cases, the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid…more

Amended Rules, Foreign Trademark, Legal Representatives, Madrid Protocol, New Rules

See all updates »

Joel Sonnenberg

Unsuspectingly Following Your Floor Plan into an Architectural Copyright Wall

Earlier this month, the U.S. Supreme Court was asked to consider revisiting an August 2021 decision made by the U.S. Court of Appeals for the Eighth Circuit (Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc.,…more

Architectural Copyrights, Corporate Counsel, Design Patent, Infringement, Marketing

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Christopher St. Marie

Environmental Obligations Hiding in Plain Sight

As many contractors know, whenever doing federal projects there might be a nagging feeling in the back of your mind. What exactly does my contract say? What type of plan do I need to address environmental concerns? You might…more

Contract Terms, Contractors, Environmental Policies, Environmental Protection Agency (EPA), Environmental Review

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Katie Steiner

New Forum for Copyright Small-Claims Disputes Begins Accepting Complaints

Claimants pursuing certain copyright claims may now access a new, more economical, and potentially more expedient alternative to federal-court litigation. Beginning June 16, 2022, the Copyright Claims Board (CCB) will accept…more

CASE Act, Case Management, Copyright, Copyright Infringement, Copyright Litigation

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Gregory Thompson

Beware Potential Hidden “Warranties” in Contract Documents

Warranties provided to project owners are often some of the most-negotiated provisions in a construction contract. What will the warranties cover? How can they be enforced? Perhaps most importantly: how long will they be in…more

Construction Contracts, Construction Defects, Construction Industry, Construction Project, Statute of Repose

See all updates »

Chad Van Arnam

How Can We Overcome Material Procurement and Delivery Risks in Our Industry? (Properties Magazine)

At the most basic level, contracts serve to assign, allocate, and mitigate risk. Parties—unsurprisingly—are typically unwilling to adopt greater risk than required, and often look to assign most of the risk to the other…more

Bid Proposals, Collaboration, Construction Contracts, Construction Industry, Construction Project

See all updates »

Nathan Webb

New Forum for Copyright Small-Claims Disputes Begins Accepting Complaints

Claimants pursuing certain copyright claims may now access a new, more economical, and potentially more expedient alternative to federal-court litigation. Beginning June 16, 2022, the Copyright Claims Board (CCB) will accept…more

CASE Act, Case Management, Copyright, Copyright Infringement, Copyright Litigation

See all updates »

Christopher Wick

Ohio: An Introduction to Bankruptcy/Restructuring (Chambers)

In 2023, despite aggressive predictions of a near-term recession, the economy remained relatively steady. This resulted in an uneven year for restructuring. Substantial money has been raised in the private credit markets and…more

Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Corporate Restructuring, Economic Growth

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Phoebe Wise

Lessons Learned from Hurricane Ian Can Maximize Idalia Insurance Recovery Efforts

The communities of Southwest Florida suffered a catastrophic blow in September of 2022 when Hurricane Ian decimated so much in its path. Now Hurricane Idalia brings yet another set of challenges to Southwest Floridians, who are…more

Flood Insurance, Hurricane Season, Insurance Claims, Insurance Industry, National Flood Insurance Program

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Andrew Wolf

With Less than 60 Days Remaining, Employers Plan for the (Second) Increase to the Salary Threshold For White Collar Exemptions

The second increase to the salary threshold for the overtime exemption for employees employed in a bona fide executive, administrative, or professional capacity is scheduled to take effect January 1, 2025. Employers should plan…more

Department of Labor (DOL), Exempt-Employees, Highly Compensated Employees, Minimum Salary, Over-Time

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Jonathan Wolnik

90 Days and Counting for the Initial CTA Deadline

Time is running out. We are now in the 4th quarter of 2024 and despite legal challenges and proposed actions in the legislature, the year-end Corporate Transparency Act (“CTA”) reporting deadline remains incumbent upon Reporting…more

AML/CFT, Beneficial Owner, Corporate Transparency Act, E-Filing, Financial Crimes

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Elisé Yarnell

Ohio Supreme Court Rejects Mandatory Deference to Agencies

Agency interpretations of statutes no longer receive judicial deference in Ohio. That is the landmark holding of the Ohio Supreme Court’s recent decision in TWISM Enterprises, L.L.C. v. State Bd. of Registration for Professional…more

Employees, Engineering, Judicial Deference, OH Supreme Court, Principle Officers

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Justin Yarnell

IRS Agents Are Not Your Enemy

They Are People, Not Aliens- Believe it or not, IRS Agents are normal people just like you. They brush their teeth, pack their kids’ lunches, and drink coffee before going to work each day. Or as some would say, they, too, put…more

Agents, Income Taxes, IRS, Tax Audits, Tax Returns

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Jeffrey Yeager

“Greening” Your Contracts (Properties Magazine)

Allocating the Risks and Benefits of Green Construction- Sustainable (or “green”) construction practices and the trend toward green buildings are here to stay, driven not only by federal, state, and local legislation, tax…more

Carbon Emissions, Certifications, Construction Industry, Construction Project, Coronavirus/COVID-19

See all updates »

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