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For the Public

‘Ring, Ring. Recording. Another *%&$! Robo Call. There Ought to be a Law!’

Nicole Fiorelli November 14, 2017

How many times have you answered a call from a strange number, only to be greeted by an automated message trying to sell you something you don’t want? Or received a text from a retailer you’ve never heard of promoting their product? Annoying, right? Congress agrees. Accordingly, the Telephone Consumer Protection Act, 47 USC § 227, (TCPA) expressly prohibits the

Unemployment Benefits

Ric Selby November 14, 2017

Managing unemployment benefits can be a very important tool for employers who are looking to manage their employment costs. Ohio employers who have at least one employee who has worked for them for 20 weeks are required to pay an unemployment tax. That tax is paid on the first $9,000 of every employee’s wages. The tax rate varies from employer

“Patent Pending” – Is It Real or Fake News?

Z. Peter Sawicki and James L. Young November 14, 2017

Your client wants to introduce a new product, but a competitor’s similar product is promoted as “Patent Pending.” What’s the legal effect of that marking? Does this mean your client should forget about pursuing its proposed new product? To sort this out, you first must know what it means to own an issued patent. A U.S. patent is a bundle

The Benefits of Collaborative Divorce

Frances Ross Nolan October 23, 2017

Parties to divorce face hard choices and often, emotional trauma. As divorce lawyers, we are tasked with supporting people who have been stripped of the life they once knew and are required to absorb that loss while facing monumental decisions that will have lasting impact on their children and their future; however, our traditional adversary system is often unable to

Intent Key to Requesting Job Applicants’ Credentials

Tom Priebe October 13, 2017

Minnesota law states that an employer cannot ask a job applicant “to furnish information that pertains to … age” unless a bonafide occupational qualification applies. Minn. Stat. § 363A.08, subd. 4(a)(1). Does this mean that asking for dates of education is prohibited because it “pertains to age?” The answer depends on whether the question is supported by a legitimate reason.

Can You Dawdle Over a Dirty Diaper?

Z. Peter Sawicki and James L. Young October 13, 2017

The Supreme Court issued six patent law decisions in its latest term, continuing the Court’s trend of being very interested in intellectual property law. One of those cases dealt with how long a patent owner can “hold it,” so to speak. In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC.580 U.S. _ (2017), the issue on appeal was whether laches

This Thing Doesn’t Work, Now What?

Frank Bartela October 13, 2017

We have all experienced the excitement of a new purchase, followed closely by the sting of disappointment when that new gadget simply does not do what it claimed. Whether it is a household item or a big-ticket purchase, consumers expect that a company’s representations they relied upon are actually true. So, when that new “thing” doesn’t work, what’s next? Consumers

Sentencing Reduction Through Judicial Release

Eric Nemecek October 13, 2017

Our firm routinely receives inquiries concerning the legal avenues that can be pursued to reduce or eliminate a defendant’s term of incarceration. Because parole is no longer a viable option in Ohio, individuals must seek reprieve by filing a motion for “judicial release.” Whether a defendant is eligible to apply for – or otherwise quali- fied to receive – such

The End of DACA as an Opportunity for Comprehensive Immigration Reform

Kathryn Russell October 13, 2017

On Sept. 5, 2017, the Trump administration announced the “phase out” of the Obama-era Deferred Action for Childhood Arrivals (DACA) program. According to Homeland Security Acting Secretary Elaine Duke, the Trump administration’s decision to terminate the heavily litigated program “was not taken lightly …. The Department of Justice has carefully evaluated the program’s constitutionality and determined it conflicts with our

The Americans with Disabilities Act – A Brief Primer

Kristen Kraus October 13, 2017

Earlier in our employment law series, we touched briefly on the Americans with Disabilities Act (ADA) and specifically looked at the employer’s compliance with the ADA in the context of interviewing and hiring. As we discussed, an employer must tread carefully when inquiring about potential disabilities during the hiring process. However, this article will focus on the ADA from the

For the Public

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