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How a Separate Property Business is Divided in a Divorce

Stacy Rocheleau July 5, 2019

During divorce proceedings, each spouse’s separate property is confirmed to belong to them and them alone. Property that is determined to be community property is divided evenly between the spouses. What about property that is both separate and community? For example, a business owned before the marriage, that has increased in value since the marriage. When this happens, the community

Texas Still Blaming Moms For High Maternal Death Rates

Kay Van Wey June 24, 2019

I am not looking to pick a fight with the Texas Medical Board (TMB), but they have once again failed patients. Remember, this is the same Texas Medical Board, who let Dr. Duntsch continue to operate on patient’s spines after being alerted that he was certain to continue maiming and killing if he wasn’t stopped. Don’t even get me started

‘So Waddaya Wanna Do, Make a Federal Case Out of It?’ Defending Federal Tax Prosecutions

Donald MacPherson June 12, 2019

It was 9 AM on an ordinary Monday, a hot and sunny day in Phoenix. My client Jim Carroll was working in his garage with the overhead door wide open when, unannounced, an IRS Revenue Officer appeared. He was there to attempt collection of unpaid taxes. Unlike the typical m.o. of Special Agents – the ones with the guns and badges who investigate criminal tax cases – he

Chinese Fireworks: An Explosion of Prior Art

Z. Peter Sawicki and James L. Young June 7, 2019

Engage in any intellectual property conversation long enough, and you’ll eventually hear somebody mention prior art. What’s that mean? Are we talking about works of Picasso, Rembrandt, and Rodin? Nope. Prior art is a term of art that relates only to patent law. There is no concept of prior art in trademark, trade secret, or copyright law. It’s just a

Recent Changes to I-130 Marriage Adjustment While in Immigration Court

Elliot M.S. Yi May 21, 2019

As early as last year, the Immigration Court in Portland, Oregon was willing to grant a motion to dismiss for respondents who received an approval notice for form I-130 based on marriage to a U.S. citizen. This would allow the respondent to be able to file an I-485 application directly with USCIS after their court case had been dismissed and

Medical Marijuana Now Available in Ohio

Kevin Griffith and Julia R. Baxter May 3, 2019

Signed on June 8, 2016 by former Governor John Kasich, as of January 2019 Ohio’s legalized medical marijuana law is now operational in Ohio. What does this mean for Ohio’s employers, job applicants and employees? First, there is no Ohio law legalizing marijuana for recreational use. Rather, Ohio has only legalized the medical use of marijuana for a specified number

The Legal Responsibilities of Ohio Charity Board Members

Beth Short May 3, 2019

Serving on the board of a charitable organization is a demanding and rewarding job. It is a vital function, as charities work to enhance the quality of life in our communities. But becoming a charity board member for a charitable organization means more than merely accepting an honorary title or helping a charity that contributes positively to the lives of

The Trump Administration’s Evolving Immigration Policies at the Southern Border

Maya Lugasy May 3, 2019

The Trump administration is implementing yet another in a series of immigration policies meant to address what it believes to be a “migration crisis along our southern border.” In a memo dated December 20, 2018, Homeland Security Secretary Kirstjen Nielsen announced the rollout of the “Migrant Protection Protocols,” (MPP) referred to as the “Remain in Mexico” policy by both administration

Rule 67 Not a Mechanism for Picking Off Named Plaintiffs in a Rule 23 Class Action

Jonathan Stender May 3, 2019

Class action defendants try to evade class-wide liability using Rule 67, which governs deposits into court. Defendants’ argue that, under Rule 67, they can pick off named plaintiffs in class action matters by simply depositing with the court funds equal to the value of the named plaintiff’s claim. Federal courts have rejected these attempts to use Rule 67 as a

H.B. 228 & Self-Defense: Easier to Shoot or Proper to Defend?

Madelyn J. Grant May 2, 2019

Just days before the new year, the Ohio House of Representatives and the Ohio Senate voted to override Governor John Kasich’s veto and effectively passed Ohio’s newest self-defense legislation. Ohio is merely the latest (and almost the last) state to follow the national trend in passing legislation of this kind. H.B. 228, initially billed as a “stand your ground” law,

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