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Construction: Can a Contractor Sue the Owner's
Design Professional?
By:
Mark F. Craig
 When
problems arise from a construction project in Ohio, it
may be difficult to determine the responsible party.
Additionally it may be difficult to determine from whom
recovery can be obtained. The conduct of a design
professional may injure someone other than the owner,
with whom it has a contract. A contractor that is
injured may want to seek damages from the design
professional, but its injury is likely to be only
economic: It spent more money than originally planned
because of the design professional’s shortcomings.
According to the Ohio Supreme Court in Floor Craft
Floor Covering, Inc. v. Parma Community General Hospital
Assoc. (1990), 54 Ohio St.3d 1, if the injury is
purely economic (money damages), the “Economic Loss
Doctrine” applies. The Economic Loss Doctrine provides
that a party seeking recovery of purely economic losses
can do so only through contract actions, not tort
(negligence) actions. The result is that if the
contractor has no contract with the design professional,
it is unable to pursue the design professional for
damages.
The only exception is a narrow
one. In Clevecon, Inc. v. Northeast Ohio Regional
Sewer District (1993), 90 Ohio App.3d 215, the
Eighth District Court of Appeals (Cuyahoga County) held
that a contractor’s lack of a contract with the
Architect was no obstacle to an action for professional
malpractice. In a decision based on Floor Craft,
the court found that “liability for economic loss exists
in a malpractice action against a design professional.”
The Court held that when a design professional exercises
“excessive control” of the construction project, this
may be seen as a sufficient “nexus” to substitute for a
contractual relationship.
On September 20, 2006, in
International Fidelity Ins. Co. v. TC Architects, Inc.
(Sept. 20, 2006), 2006-Ohio-4869, 2006 Ohio App.
Lexis 4784,
the Ninth District Court of Appeals (Summit County)
rejected the idea that
“excessive control” can be substituted for a contractual
relationship. The Court distinguished Clevecon,
holding that while the Eighth District Court of Appeals
“adopted the excessive control doctrine to a limited
extent, such a holding in no way binds this court. We
look to the Ohio Supreme Court, which has soundly
rejected any such argument, and we accordingly decline
to adopt an excessive control doctrine as a substitute
for privity of contract.”
There is now a clear split in the
Ohio district courts on the issue of “excessive control”
and whether it may serve as a substitute for a contract
between parties on a construction project. The economic
loss doctrine will need to be clarified by the Ohio
Supreme Court to resolve this issue. Instead of
creating an “excessive control” substitute for
contractual privity, shouldn’t the question be resolved
under agency principles? The question that naturally
results is whether or not the design professional was
acting within the scope of its authority under the
contract with the owner. If the answer is yes, the
contractor may pursue the owner, who can then pursue its
design professional for its actions within the scope of
its agency. If the answer is no, then the contractor
should explain why it failed to protect itself
contractually, reserving its rights, proceeding under
protest and providing written notice of its claim or
dispute.
Mark Craig
is an Associate in the Real Estate
& Construction Law Practice Group.
He can be reached at
mcraig@bdblaw.com or
216.615.7302.
Election 2006: Initial Implications for Ohio
Employers
By:
Amanda L. Walls
and
Amy
L. Scheurman
 On
November 7, Ohio voters took to the polls and approved
of two measures that have a significant impact for many
businesses and employers throughout the st ate.
In an effort to keep you abreast of the changes that may
affect your organization, the following fact sheet
summarizes the major components of Issue 2 and Issue 5
and provides recommendations for steps to ensure your
compliance.
Issue 2: The Ohio
Fair Minimum Wage Amendment
What is the new
minimum wage?
Effective January 1,
2007, the minimum wage rate will be $6.85 per hour.
This Constitutional Amendment also includes a provision
that automatically escalates the minimum wage each year
in accord with the rate of inflation for the previous
twelve month period.
Who is exempt from
the minimum wage requirements?
-
Employees under the
age of 16 and those employed by businesses with less
than $250,000.00 in gross annual receipts.
Employees in this category need only be paid the
federal minimum wage (currently $5.15 per hour).
-
Family-member
employees of exclusively family owned and operated
businesses.
-
Agencies approved by
the state as providing employment opportunities to
individuals with physical or mental disabilities who
would otherwise face substantial challenges in
obtaining a job.
-
Individuals employed
on a casual basis on or around the property or
residence of an employer.
-
Employees who
routinely receive tips may be paid as little $3.43
per hour so long as the employer can demonstrate
that the tips combined with the regular pay equal
the minimum wage rate for all hours worked.
-
Employers and
employees exempt under the regulations of the Fair
Labor Standards Act.
What are the record
keeping requirements imposed by the amendment?
-
Employers must
provide each new employee the employer’s name,
address, telephone number, and other contact
information. In addition, employers have a duty to
inform employees of any updates to this information
when there are changes to this information.
Presumably, this requirement is intended to insure
that employees are equipped with a resource to
contact if they have any questions about their
wages.
-
Employers are also
required to keep the following information for each
employee throughout the term of their employment and
for a period of three years after such employment
ends: name, address, occupation/job title, pay
rate, hours worked on each day worked, and amount
paid (“payroll records”).
-
Upon request by any
employee, a person acting on behalf of any employee,
or the state, employers will have to provide the
requester with access to or copies of the
information listed above, at no charge.
How will the
minimum wage be enforced?
-
Individual employees
or groups of employees may file a complaint to the
state to enforce the record keeping requirements of
the law. The state may also enforce these
provisions on its own. Employers are prohibited
from retaliating against any employee who exercises
his or her right to access wage and hour information
under the terms described in this paragraph.
-
Individual employees
or groups of employees may also bring a civil
lawsuit against an employer believed to be in
violation of the minimum wage law. Claims must be
brought within three years of their occurrence.
What are the
penalties for violating the law?
-
Employers who violate
the law will be required to pay back wages, punitive
damages in an amount equal to two times the back
pay, as well as the employee’s litigation costs and
attorney fees.
-
If an employer
violates the anti-discrimination provision, it will
be liable for an additional punitive damage amount
of at least $150.00 per day for each day that the
violation continued.
Recommendations for
Complying With the Law:
ü
Obtain and
post a new Ohio Minimum Wage poster to inform your
employees about the change to the minimum wage rate.
ü
Insure that
your new hire process and paperwork includes providing a
document to each employee containing your organization’s
name, address, and a contact name and telephone number
that the employee can call to discuss issues related to
wages. Consider including this contact information on
or with each paycheck or pay statement as a way to
routinely notify each employee of any change.
ü
Review and
revise your current record keeping systems to insure
that you are maintaining each employee’s name,
address, occupation/job title, pay rate, hours worked
for each day worked, and amount paid
(“payroll records”) throughout his or her employment and
for a period of three years thereafter.
ü
Create and
implement a wage and hour information release policy
that is narrowly tailored to strictly comply with the
terms of the amendment. You should require each
employee requesting his or her wage and hour information
to sign a written authorization, and insist that any
person requesting such information on behalf of an
employee or group of employees have the same
authorization in writing from each individual for whom
information is sought. Draft your policy to
specifically state that only payroll records will be
disclosed, as you are not required to release an
employee’s entire personnel file, social security
number, or other personal and/or confidential
information.
ü
Stay alert
for regulations, compliance guidelines, or bulletins
from the Ohio Department of Commerce that will clarify
the language of the amendment.
Issue 5: Smoke Free
Workplace Act
When does the law
take effect?
The law, which bans
smoking a in all public place and places of employment,
becomes effective on December 7, 2006.
How is “smoking”
defined by the law?
Smoking is defined as
inhaling, exhaling, burning, or carrying any lighted
cigar, cigarette, pipe, or other lighted smoking device
for burning tobacco or any other plant excluding incense
burned during religious ceremonies.
Where will smoking
be prohibited?
D
“Public
Places” – enclosed areas (defined below) where the
public is invited or permitted including certain private
residences when operated as a business;
D
“Places of
Employment” – enclosed areas, used by employees for any
purpose, including, but not limited to, offices, meeting
rooms, sales, production and storage areas, restrooms,
stairways, hallways, warehouses, garages and vehicle
without regard to the time of day or presence of any
employees;
D
Any area
located immediately adjacent to places of entry and exit
into a public place or place of employment including
areas directly and indirectly under the control of a
proprietor;
D
Any
non-sleeping room in hotels, motels or other lodging
facilities; and
D
Any place
where smoking is not otherwise prohibited by the law if
the owner chooses to designate the area as non-smoking.
What qualifies as
an “enclosed area”?
Any space with:
(1) a roof or any
type of overhead covering; AND
(2) walls or any
type of side coverings on all sides or on all sides but
one.
Where will smoking
be permitted?
C
Private
residences not otherwise operated as businesses at any
time;
C
Certain
designated indoor smoking areas in nursing homes for use
by residents only;
C
Free
standing structures occupied by certain family-owned and
operated places of employment so long as all employees
are related to the owner, the structure is not open to
the public, and smoke from the structure does not
migrate into an area where smoking is otherwise
prohibited;
C
Up to 20%
of sleeping rooms designated as smoking rooms in hotels,
motels or other lodging facilities;
C
Retail
tobacco stores, subject to certain restrictions;
C
Certain
outdoor patios so long as they are physically separated
from enclosed areas where smoking is prohibited; and
C
Non-profit
private clubs, subject to certain limitations.
How will the law be
enforced?
-
Within six months of
the effective date, the Ohio Department of Health is
charged with adopting rules and regulations
outlining enforcement procedures, educating
proprietors of public places and places of
employment about the law, establishing a process for
the anonymous reporting of violations, developing a
method to contest reported violations, establishing
a schedule of civil fines for violations, and
developing procedures for investigating reported
violations and assessing fines.
-
In addition,
employers are prohibited from discharging, refusing
to hire, or in any manner retaliating against an
individual for reporting a violation or performing
an obligation under the law.
What are the
penalties for violating the law?
-
Written warnings will
be issued for first-time violations.
-
Monetary fines
ranging from $100 - $2,500 may be imposed for
subsequent violations.
-
The Director of
Health can request the court of common pleas to
grant an injunction or restraining order against
proprietors or individuals who repeatedly violate,
or fail to comply with, the law.
In order to comply
with the law, proprietors and employers must:
ü
Prevent
tobacco smoke from entering any area where smoking is
prohibited through doors, windows, ventilation systems,
or other means.
ü
Remove all
ashtrays and other receptacles used for the disposal of
smoking products from all places where smoking is
prohibited.
ü
Prominently
display “No Smoking” signs in every public place and
place of employment where smoking is prohibited
including all entrances; these signs must also contain
the telephone number for reporting violations.
BDB is providing you with
this general summary of the Fair Minimum Wage Amendment
and Smoke Free Workplace Act for your convenience. As
always, please contact any member of your BDB team if
you require assistance in interpreting specific
provisions of these new laws, evaluating the unique
impact on your organization, or creating policies and
procedures to insure your compliance.
Supplemental Alert: Smoke Free Ohio Law
On November 22, 2006, the Ohio Department of Health (ODH)
released interim guidance to "public places" and "places
of employment" regarding compliance with Ohio's new
smoking ban. The ODH must adopt formal rules to
implement and enforce the law by June 7, 2007. In the
meantime, however, all affected entities, beginning
Thursday, December 7, must:
(1) prohibit smoking;
(2) post "No Smoking" signs, at each entrance,
including the telephone number 1-866-559-OHIO (6446) for
reporting of violations; and
(3) remove all ashtrays and other smoking receptacles
from the premises.
The ODH has designed two sample "No Smoking" signs
which conform to the legal requirements when properly
placed. The sample signs are available for your use or
reference at:
http://www.odh.state.oh.us/alerts/ohiosmokingban.aspx
Again, please
contact any member of your BDB team if you require
assistance in interpreting specific provisions of these
new laws, evaluating the unique impact on your
organization, or creating policies and procedures to
ensure your compliance.
Amanda Walls is an Associate in the
Employment & Workers' Compensation
and Litigation
Practice Groups. She can be reached at
awalls@bdblaw.com or
330.491.5315. Amy Scheurman
is an Associate in the
Business Law and Litigation
Practice Groups. She can be reached at
asheurman@bdblaw.com or
216.736.4218.
Corporate Compliance Deadline Nearing for Many Health
Care Providers
By:
Priya J. Bathija
The Deficit Reduction Act of 2005 (“DRA”), which was
signed into law on February 8, 2006, established
compliance program and educational requirements for all
entities which receive or make annual payments of at
least $5,000,000 pursuant to any state Medicaid program.
Health care entities subject to these requirements must
update their compliance policies, employee handbooks,
and educational materials to include the following
corporate compliance measures:
A.
Written policies for all employees of the entity
and any contracting agent of the entity, which provide
detailed information about the federal False Claims Act
and any relevant state false claims act. The policies
must also detail civil and criminal penalties for false
claims and statements, elaborate on whistleblower
protections under such laws, and include methods for
preventing and detecting fraud, waste, and abuse in
federal health care programs.
B.
Include as part of such written policies,
detailed provisions regarding the entity's policies and
procedures for detecting and preventing fraud, waste,
and abuse; and
C.
Include in any employee handbook for the entity,
a specific discussion of the federal False Claims Act
and any relevant state false claims act, the rights of
employees to be protected as whistleblowers, and the
entity's policies and procedures for detecting and
preventing fraud, waste, and abuse.
At this time, the DRA does not require entities to train
and educate their employees on these corporate
compliance measures. However, the Office of the
Inspector General is expected to release guidelines for
reviewing the implementation of these corporate
compliance measures in the near future. The guidelines
may include an anti-fraud training or education
requirement for employees.
The deadline for making these modifications to corporate
compliance plans and employee handbooks is January
1, 2007. Failure to comply with these
requirements could lead to late or no payments under the
Medicaid and Medicare programs.
Priya Bathija
is an Associate in the Health &
Medicine Law Practice
Group. He can be reached at
pbathija@bdblaw.com or
614.227.4282.
Disclaimers to
Family Trusts
By:
George Weinstein
In large (taxable) estates a common strategy is a credit
shelter trust, or bypass trust, for the benefit of the
surviving spouse. The credit shelter trust is equal to
the federal estate tax applicable exclusion amount
(formerly known as the unified credit equivalent
exemption) in effect in the year of the first spouse’s
death. When it is explained to the clients that this
trust will pass free of estate taxes upon both deaths,
any immediate opposition to it usually dissipates.
However, spouses may object to a trustee’s restrictions
on their access to income or principal by a trustee and
instead wish to receive the devise outright, even though
it may result in additional estate taxes upon the
surviving spouse’s death. “Whatever the kids get after
taxes is O.K. so long as I can do what I want with the
money during my lifetime” is the attitude. In addition,
as the applicable exclusion amount increases under
present law (e.g., it is scheduled to rise from
$2,000,000 in 2006 up to $3,500,000 in 2009), more
assets would have to be tied up in trust to save estate
taxes at the second death (assuming that the estate
exceeds the exemption and that the estate tax has not
been repealed). In such situations there is a strategy
that will allow the spouses to “have their cake and eat
it too.”
The residue of an estate can be left (either by will or
through a revocable trust) outright to the surviving
spouse, who then is given the power to disclaim (within
nine months after the first spouse’s death) all or any
portion to a family trust for his or her benefit. To
add greater flexibility to the family trust, the spouse
could have (1) a noncumulative right to withdraw
annually the greater of $5,000 or 5% of the aggregate
value of the principal (a “five and five power”), and/or
(2) a nongeneral power to appoint a principal (either
during life or testamentary) among designated
beneficiaries if such power of appointment is limited by
an ascertainable standard. See IRC Reg. §
25.2518-2(e)(2) and (5).
This will give the surviving spouse a nine-month period
after the first spouse’s death to determine his or her
needs during lifetime and the estate taxes that may be
saved upon his or her death, as well as possible
generation-skipping transfer taxes at the second death.
The limited power of appointment will enable the
surviving spouse to choose to which family members and
in what form the principal will be left at that spouse’s
death. If, for example, a child does not treat the
parent well during the parent’s life, he or she could be
removed as a beneficiary of the family trust (as well as
a beneficiary of the surviving spouse’s estate).
Of course, this may not be prudent if a trust for the
surviving spouse is necessary or advisable for reasons
such as inability to handle money or manage investments,
incapacity, second marriages where there are children of
the first marriage, or where the first spouse wishes to
control the passing of the estate upon desired terms to
desired beneficiaries upon the surviving spouse’s
death. But in many situations disclaimers to family
trusts offer the flexibility for devises of estates with
a post-death look-back opportunity.
George Weinstein is Of
Counsel in the Trusts & Estates
Practice
Group. He can be reached at
gweinstein@bdblaw.com or
561.241.0414.
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Ms. Dhinojwala focuses her
practice in the areas of litigation, bankruptcy and
creditor rights, tort and contract law, and
commercial law. She was employed with
Buckingham, Doolittle & Burroughs, LLP as a Law
Clerk from January 2002 until April 2002 in the
areas of Litigation, Business and Immigration.
Ms. Dhinojwala was recipient of the CALI Award
for Student Excellence in 2001 for both Commercial
Law (Top A) and Employment Discrimination Law (Top
A).
Litigation
Practice Group,
Associate
Ms. Ferguson joined the law firm in 2005 as a
Summer Associate; and joined as an Associate in
2006. In 2004, she served as an extern at the
Franklin County Court of Common Pleas with Judge
Nodine Miller. Prior to joining Buckingham,
Doolittle & Burroughs, LLP, Ms. Ferguson was a
Global Account Manager with MCI (formerly WorldCom)
from 1998 to 2002. She worked with Fortune 500
companies in the central Ohio region providing
Internet-based products and solutions and worked
with companies to advance their technology and
communication initiatives.
Trusts & Estates Practice Group, Associate
Ms. Friedmann began as a Summer
Associate with Buckingham, Doolittle & Burroughs,
LLP in 2005, joining as a full-time Associate in
2006. She served as a judicial extern for the
Honorable Judge Deborah L. Cook, United States Court
of Appeals for the Sixth Circuit, in 2004. Ms.
Friedmann was recipient of the CALI Excellence for
the Future Award for coursework including Wills,
Trusts, and Estates II and Corporations.
Previously, Ms. Friedmann was a Network Consultant
who specialized in deploying computer networks,
servers, and databases.
Mr. Passella’s practice is focused in construction
and commercial litigation. He has represented
owners, contractors and insurers in a variety of
disputes, including defect claims, lien proceedings,
and bad faith litigation. He has also
counseled local and county governments in
appropriation and other civil actions in both state
and federal courts. Mr. Passella was
recognized as one of
Ohio's Super
Lawyers- Rising Stars™, in the 2005
Cincinnati Magazine, as voted by his peers.
Trusts &
Estates
Practice Group, Partner
Mr.
Peppers most recently was employed with the Franklin
County Probate Court as a General Magistrate
presiding over matters before the Court such as
adoption, guardianship, name changes, estates,
trusts, marriage applications, and civil commitments
for mental illness.
Mr. Peppers is a member of the Ohio State (Estate
Planning, Trusts, and Probate Law Section) and the
Columbus Bar Association. He is also a member
of The John Mercer Langston Bar Association.
He is a frequent speaker on probate matters before
the Ohio Judicial College, the Bar associations and
many civic groups. He also serves on the Board
of Directors to the Columbus Area American Red
Cross.
Business Law and Litigation
Practice
Groups, Associate
Ms. Scheurman began her career with Buckingham,
Doolittle & Burroughs, LLP in 2005 as a Summer
Associate. As a legal intern with the U.S.
Department of Justice, Executive Office for
Immigration Review, Ms. Scheurman conducted legal
research and drafted judicial opinions for asylum,
adjustment of status and removal proceedings.
As a former Designated School Official and
Responsible Officer at two Ohio colleges, Ms.
Scheurman analyzed, interpreted and applied federal
immigration regulations while advising international
students and scholars on a broad range of
immigration matters including change of status
applications and employment authorization requests.
Ms. Scheurman is conversant in Spanish.
Real Estate &
Construction Law
Practice Group,
Associate
Mr. Vacanti began with Buckingham, Doolittle &
Burroughs LLP as a Summer Associate in 2005,
continuing as a law clerk in Spring 2006, and
joining as a full-time Associate in 2006.
He currently assists the Real Estate and
Construction Practice Group in a wide variety of
real estate and construction areas, including
assisting with hearing and oral argument
preparation, researching legal issues in preparation
for litigation, drafting motions and pleadings, and
drafting transactional documents. His
experience includes extensive legal research and
drafting in the areas of litigation, real estate,
construction, contract and government law.
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Kudos
Mark F. Craig,
Buckingham ClevelandSM,
wrote an article that was published in the September
2006, Vol. 77, No. 10 issue of the Cleveland Bar
Journal. The article was entitled, "Firm Sees
Benefits from Real Estate and Construction Blog."
Mary Sue Donohue
and
L.A. Perkins,
Buckingham
Boca RatonSM,
sponsored the opening reception for two international
poster exhibitions at Florida Atlantic University (FAU).
The two exhibitions, "The Graphic Imperative,
International Posters for Peace, Social Justice and the
Environment, 1965-2005," and "Graphic Noise, Art at
1,000 decibels," will be presented through January 27,
2007 in the Schmidt Center Gallery and the Schmidt
Center Gallery Public Space on FAU's Boca Raton campus.
David L. Drechsler,
Buckingham ClevelandSM,
wrote an article for the November/December issue of Tort
Law Journal of Ohio titled, "Tortious Interference with
an Expectancy of an Inheritance." Mr. Drechsler is
a contributing editor for the publication.
Christopher M. Ernst,
Buckingham
ClevelandSM,
recently was accepted as a member of the National
Arbitration Forum's Panel of Arbitrators and Mediators.
Joe Feltes,
Buckingham CantonSM,
wrote an article for the August issue of Review of
Ophthalmology. The article is entitled, “E-mail
Communication: Mind Your Mouse.”
Robert A. Hager,
Buckingham ClevelandSM,
was named to John Carroll University's Board of
Directors. He joined a distinguished group of 13
new members. This is the largest addition to the
lay board since it was established in 1968.
Thomas R. Himmelspach,
and
Richard S. Milligan,
Buckingham CantonSM,
co-authored a chapter in a book called, Bouncebacks:
Emergency Department Cases, ED Returns. Their
chapter was entitled, “So You Want to Be Sued for
Malpractice: The Top 10 Ways to Maximize Your Risk.”
Jeffrey D. Weinstock,
Buckingham
Boca RatonSM,
contributed to the chapter, too.
Christopher S. Humphrey,
Buckingham CantonSM,
had an article recently published in M.D. News
entitled, “Peer Review Literature Goes to Court.”
Barbara A. Knapic,
Buckingham CantonSM,
finished working on her third Ohio State Bar Foundation
High School Mock Trial Competition. Her committee
put together the mock trial materials that will be used
by Ohio High School students for competition.
Robert C. Meyer,
Buckingham
CantonSM,
was appointed to the "Arts in Stark" Board of Trustees
and will be next year's Chairman-Elect of the Massillon
Area Chamber of Commerce.
H. Michael Muñiz,
Buckingham
Boca
RatonSM,
attended the 1st Annual Eleventh Circuit
Appellate Practice Institute in Atlanta, Ga. One
of the speakers at the seminar was Associate Justice,
United States Supreme Court, Clarence Thomas. Mr.
Muñiz was able to ask
Associate Justice Thomas a question and talk with him
after the presentation. Mr.
Muñiz also had an article
published in the December 2006 issue of the Florida
Bar Journal. His article was entitled,
"Compelling Arbitration of Disputes---The Florida v.
Federal Law Quagmire."
Amanda L. Walls,
Buckingham CantonSM,
has been accepted and will participate in the 20th Class
of the Leadership Stark County program. The
year-long program trains young professionals on
principles of public service and community trusteeship.
David W. Woodburn,
Buckingham
AkronSM,
had an article published in Properties Magazine
on "Red Lights on Red Light Light District Businesses."
Mr. Woodburn and
Patrick J. Weschler,
Buckingham
AkronSM,
also had an article published in the national magazine,
National Underwriter, on "Pitfalls of Probate
Avoidance."
Speaking Out
Save the Date for these Upcoming Presentations:
December 12 -
Thomas W. Hess,
Buckingham ColumbusSM,
will speak to the Ohio Health Care Association
in Columbus, Ohio. His topic will be
"Advance Directives."
December 18 -
Barbara A. Knapic,
Buckingham CantonSM,
will make a presentation at a National Business
Institute Advanced Workers' Compensation
Seminar.
Click here to register for this seminar.
December 19 -
Robert C. Meyer,
Buckingham
CantonSM,
will be speaking at a National Business
Institute Seminar on "Workers' Compensation Basics."
Click here to register for this seminar.
January 10, 2007 -
Thomas J. Sigmund,
Buckingham
ColumbusSM,
will be giving a presentation to the
Worthington, Ohio Estate Planning Group on the
Pension Protection Act.
January 31, 2007 -
Steven A. Dimengo,
Buckingham
Akron SM,
will be speaking at the 16th Annual Ohio Tax
Conference in Columbus, Ohio. His topic
will be "Ohio Sales & Use Tax: New
Audit Developments & Refund Policies."
January 31, 2007 -
Don Leach,
Buckingham
ColumbusSM,
will be
presenting at a National Business
Institute seminar entitled, "Mechanics’
Liens: Boon and Bane of Ohio Construction." This
seminar will take place in Columbus.
Click here to register.
February 22,
2007 -
Scott J. Topolski,
Buckingham
Boca
RatonSM,
will be speaking at a National Business
Institute Seminar in West Palm Beach, Florida.
The seminar is entitled, "Insurance Law
Update: Understanding Current Coverage
Trends."
Click here to register for this seminar.
Out and About – Recent
Presentations:
Business Practice Group
The Business Practice Group sponsored a seminar entitled,
Maximizing Income and Minimizing Expenses. Topics
covered included, "How to Work Efficiently with Your
Lawyer," "Establishing the Right Price for Buying or
Selling a Business," "Minimizing Development Expenses
with Tax-Increment Financing," "Minimizing Tax
Expense/Exposure for the Business and Its Owners," and
"Regional Economic Development, The Global Economy, and
Your Business." The speakers were
Steven A. Dimengo,
Nicholas T. George,
Robert W. Malone,
Thomas R. Trotter,
David J. Lewis,
and
Robert W. Briggs,
Buckingham
AkronSM.
The Nonprofit Group co-sponsored a seminar with the
Center for Nonprofit Excellence entitled,
"Examining the Legal Issues Affecting Nonprofit
Organizations" in Independence, Ohio.
The Finance & Public Law Group sponsored a seminars in
Cleveland and Akron/Canton. The 2006 Public Law
Update covered topics such as Eminent Domain,
Tax-Increment Financing, Public Unions, Ordinances for
Sexual Offenders, Infrastructure Financing, and
Political Structure.
Steven A. Dimengo,
Buckingham
Akron SM,
spoke at a Lorman Education Services Seminar in Cleveland,
Ohio. His topic was "Sales and Use Tax: A
Beginner's Basic Course."
Nicholas T. George,
Buckingham
Akron SM,
took part in a panel discussion
at a Heart to Heart Communications Seminar entitled,
"Counseling Your Client: What's Appropriate?
What's Effective?"
In preparation for the
November 2006 election,
Terry W. Vincent,
Buckingham
ClevelandSM,
presented the members of the Lakewood Chamber of
Commerce with a host of speakers at a business luncheon
on October 20, 2006. Terry coordinated the
speakers such that one person spoke in favor of each
issue and one person spoke in opposition to each issue.
Each speaker was allotted 2 minutes to present, then 1
minute to rebut the other speaker’s arguments.
This was a professional and informative luncheon.
Employment & Workers' Compensation
Practice Group
The Employment & Workers' Compensation Practice Group
sponsored its Annual Employment Law Seminar Mock Trial,
in Akron, Canton, Columbus, and Cincinnati, Ohio.
The group demonstrated core principles of employment law
and human resource management through a mock trial.
Jan E. Hensel,
Buckingham
ColumbusSM,
gave a
presentation at the Annual Meeting of the Ohio Regional
Association of Law Libraries in Columbus, Ohio.
Her topic was "Managing Performance Issues - Tips for
Smooth Sailing Through Employee Performance Issues,
Evaluation and Terminations." Ms. Hensel and
Barbara A. Knapic,
Buckingham CantonSM,
also spoke at the CompManagement Unemployment Seminars.
The presentation was "Hot Topics in Employment Law."
They spoke in Toledo, Cleveland, Columbus, and
Cincinnati. Ms. Knapic also presented at the CEO
meeting of the Central Ohio Safety Council. She
also participated in a Webcast/Webinar for the Ohio
Manufacturer's Association.
Robert C. Meyer,
Buckingham
CantonSM,
spoke to the Massillon Chamber of Commerce on
"Aggressive Claims Management."
Susan C. Rodgers,
Eleanor J. Tschugunov,
and
Amanda L. Walls,
Buckingham
CantonSM,
presented a training seminar for the human resource
professional and recruiters participating in the
Starkjobs.com career fair at the Kent State Stark
Professional Education and Conference Center in North
Canton, Ohio. Topics included how to avoid claims
of retaliation in the workplace, verifying employment
eligibility in light of recent changes in immigration
law, and accommodating military leaves of guard member
and reservists.
Ms. Rodgers also presented to the Canton Akron Safety Council on
"Retaliation or Reasonable Management Decision?
The Supreme Court Raises the Stakes for Employers."
Michael L. Williams,
Buckingham ColumbusSM,
spoke at a COSIA meeting. His topic was about
legislative updates.
Health & Medicine Practice Group
Don Antrim,
Buckingham ColumbusSM,
presented to the Pulmonary Medicine Department of The Ohio
Statesdical School. His topic was titled,
"Physician Employment Agreements for the
Pulomonologists." Mr. Antrim also spoke at the
4th Annual Meeting of the Columbus Ophthalmology
Associates Seminar for Optometrists and Ophthalmologists
on Hot Topics in Eye Care. His topic was
"Current Legal Issues and Medicare Reimbursement
Update."
Joe Feltes,
Buckingham CantonSM,
gave a presentation
at the Annual Meeting of the Ohio Regional Association
of Law Libraries in Columbus, Ohio. His topic was
"Spam I Am-Not: The Adventures and
Misadventures of E-Mail and the Internet."
Stephen P. Griffin,
Buckingham CantonSM,
spoke at the Physician Insurers Association of America
(PIAA) Claims/Risk Management Workshop at The Hershey
Hotel in Pennsylvania. His topic was about a case
he defended in Summit County Common Pleas Court having
to do with "An Overview of Two Modern Pain Management
Cases."
Thomas W. Hess,
Buckingham ColumbusSM,
spoke to the Ohio Program Evaluators' Group in Columbus,
Ohio. His topic was "HIPAA and Its Relationship
to Government Agencies." Mr. Hess also presented to
the Ohio Association of Medical Equipment Services in
Columbus, Ohio. His topic was "Ohio Medicaid
Integrity Program and Its Impact on Healthcare
Providers." Mr. Hess also presented at a
Lorman Education Services seminar in Columbus, Ohio.
His topic was "How to Survive a Government Audit."
Finally, Mr. Hess spoke to the Athens County Medical
Society in Athens, Ohio. His topic was
"Corporate Compliance/Fraud & Abuse Update."
Jeffrey D. Weinstock,
Buckingham
Boca RatonSM,
presented "Creation of a Dental Practice - Legal
Issues." This seminar was sponsored by FDA
Services, Inc. and took place in Lake Mary, Florida.
Litigation Practice Group
David L. Drechsler,
Buckingham ClevelandSM,
spoke to The Homebuilder's Association serving Portage
and Summit Counties on the topic "Application of
Copyrights to Architectural Plans."
Christopher M. Ernst,
Buckingham
ClevelandSM,
presented at the Corporate Counsel Institute. His
topic was "Taking and Defending Depositions: Is
Your Gun Loaded with Blanks?" Mr. Ernst also
made a presentation to the Associated Builders and
Contractors, Inc., Northern Ohio Chapter. His
topic was "Learn the Business of Your Business."
David W. Hilkert,
Buckingham
AkronSM,
made a presentation to Smuckers on insurance issues in
contracts and acquisitions.
Edward T. Kennedy,
Buckingham
CantonSM,
spoke to the Corporate Law Committee of the Stark County
Bar Association in Canton, Ohio. His topic was
"Intellectual Property Law for the Corporate
Practitioner." Mr. Kennedy also made a
presentation to the Canton Inventors' Council in Canton,
Ohio. His topic was "Basics of Intellectual
Property." He also presented to the Canton
Regional Society of Professional Engineers in Canton,
Ohio. He discussed "Intellectual Property for
Engineers." Also, Mr. Kennedy presented,
"Are Your Developments Protected? Intellectual
Property Basics" to the Rubber Division of the
American Chemical Society in Cincinnati, Ohio.
Finally, Mr. Kennedy spoke to the Canton Regional
Chapter of Service Corps of Retired Executives, SCORE in
Canton, Ohio. His topic was "Basics of
Intellectual Property in Business."
William B. Leahy,
Buckingham
ClevelandSM,
made a presentation at a Lorman Education Services
Seminar in Independence, Ohio. The seminar was
entitled, Litigation Skills for Legal Staff in Ohio.
Bill spoke on "Commencement of Litigation" and
"Motions."
Real Estate & Construction Practice Group
Alan P. DiGirolamo
and
Mark F. Craig,
Buckingham ClevelandSM,
presented at a Lorman Education Services Seminar in
Independence, Ohio. The seminar was entitled,
"Construction Lien Law in Ohio."
Jim Fisher,
Buckingham
AkronSM,
spoke at a Citizen's Forum on Comprehensive Zoning,
sponsored by the Hinckley Township Board of Trustees.
Mr. Fisher also spoke to the Summit County Land Title
Association on the subject of avoiding errors in deeds.
Robert A. Hager
and
John P. Slagter,
Buckingham ClevelandSM,
spoke at a Half Moon Seminar on Legal Issues for Ohio
Civil Engineers in Independence, Ohio. Mr.
Hager spoke on "Contract Law" and Mr. Slagter
spoke on "Land Use Law."
Don Leach,
Buckingham
ColumbusSM,
spoke at a seminar entitled, "Ohio Mechanics’ Lien
Law: The Hows and Whys of the Paperwork." The
seminar was sponsored by The Builders Exchange of
Central Ohio.
Trusts & Estates Practice Group
Thomas J. Bonasera,
Buckingham ColumbusSM,
presented, "Fiduciary Litigation and Legislative
Update Including Ohio's New Trust Code" in Acapulco, Mexico. The
seminar was sponsored by the OSBA CLE Travel Program.
Mr. Bonasera also made a presentation to Sky Bank in
Westerville, Ohio regarding "Special Needs Trusts."
He spoke to Friendship Village residents and
their guests regarding "Disability and End of Life
Estate and Financial Planning." He made a
presentation for the Columbus Bar Association regarding
the "Sale of a Law Practice."
He also presented for the Columbus Bar Association on
"Ohio's New Trust Code." Finally, Mr. Bonasera spoke
at the Brain Injury Association Seminar. His topic
was "Special Needs Trust Planning."
Mary Sue Donohue,
Buckingham
Boca RatonSM,
spoke at the National Inventor's Hall of Fame Foundation
in Alexandria, Virginia. Her topic was on
charitable giving.
Christopher Gagic,
Buckingham
Boca RatonSM,
made a presentation to employees of Lynn University in
Boca Raton, Florida. He discussed estate planning
issues.
Jeffrey A. Halm,
Buckingham CantonSM,
spoke to the Canton Business Network on "Planning
Your Estate to Deal with Life Changes."
David W. Woodburn,
Buckingham
AkronSM,
spoke for the Hamilton Community Foundation and West
Chester Community Foundation on Ohio's New Trust Code.
Mr. Woodburn also spoke twice for Merrill Lynch on
Estate Planning and the Ohio Trust Code. The
seminar was entitled, "Leaving a Legacy for
Tomorrow."
INFORMATION ON SEMINARS OR SPEAKERS
If you are interested in obtaining information on
upcoming seminars or would be interested in having
speakers from Buckingham, Doolittle & Burroughs, LLP
make a presentation to your organization, please
contact: Lorna
Henderson, Client Relations Administrator, at
lhenderson@bdblaw.com
or 800.686.2825 ext. 86473. |
