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Ohio Appellate Court Clarifies Time To Exercise Equity Of Redemption

Joseph Gutkoski July 7, 2017

In recent years, creditors and their counsel have increasingly sought alternatives to the traditional method of selling real property in foreclosure proceedings; i.e., obtaining judgment and scheduling a sheriff’s sale. One alternative growing in popularity is the imposition of a receivership, through which a court-appointed receiver may sell property under a court-supervised process. This alternative can reduce the time and

Medicare Eligibility on the Rise – Along With FCA Claims

Barry E. Lewin June 7, 2017

Centers for Medicare Services (CMS) plays a major role in defining what constitutes acceptable medical care. As our population continues to age, and more Americans become Medicare eligible, the center’s influence will grow. The Centers for Medicare Services CMS (Medicare and Medicaid) currently pays over a trillion dollars a year for medical care, medication and medical devices and equipment. That

Finding Happiness in the Practice of Law

Mitchell Reichman June 7, 2017

The start of summer vacations is a perfect time to reflect on the things we can do to optimize our performance and make the practice of law more enjoyable. There are dynamics unique to the practice of family law, which make it particularly challenging. Our clients are oft en highly reactionary, anxious, distraught and lack self-awareness. Opposing counsel may not

Working with Clients with Diminished Capacity

Stephanie Bivens June 7, 2017

More of your clients may have diminished capacity than you would expect. An estimated 1.5 million Americans 65 and older have Alzheimer’s disease, which is expected to increase by 40 percent within 10 years. While Alzheimer’s is not the only condition to cause cognitive impairment, it’s certainly the most noted. Several studies indicate that as many as 10-20 percent of

Class Action Settlements and Bad Faith Objectors: A Plague on Both Our Houses

Patrick Brickman June 7, 2017

Class actions often end in settlement for myriad reasons. The exposure for a defendant company or government is usually substantial. Often the conduct was accidental and the entity wants to make it right. Sometimes the company is publicly traded and litigation exposure will affect their stock price. The Considerations in a Class Action Negotiation These cases are regularly worth millions

Estate And Probate Litigation: Game On

Jacqueline Schuh June 2, 2017

Perry Mason explains my career choice – though I have not yet concluded if I am angry with or thankful to that show’s creator. But, having practiced law for over 20 years, and assisting clients with probate, estate and business litigation, I offer a few observations about litigation in various stages from the initial drafting of documents, correspondence and courtroom

The Defend Trade Secrets Act: Do You Want to Know a Secret?

Z. Peter Sawicki and James L. Young June 2, 2017

“Do You Want to Know a Secret?” was a 1963 top 10 hit by the Beatles about a romantic secret. Intellectual property law also deals with secrets, but of a different nature – trade secrets. We have previously written about trade secrets in IP law, but have not surveyed the statutes that relate to trade secrets. Until last year, trade

When Does Social Media Marketing Become a Dumpster Fyre?

Patrick Brickman May 17, 2017

What happens when a promoter wants to put on an event, hypes it, markets it extensively, and then just isn’t able to deliver? Can that be treated as a class action? When does the marketing go too far and how does that affect the legal landscape of any potential class action? These issues were brought to life in the ill-fated

The Making of a Surgeon Serial Killer

Kay Van Wey May 12, 2017

With all the hysteria leading up to the election and everything that has happened since, I am betting that some of you have stopped reading the newspaper and shut off the television. That is probably healthy. If you did, you missed some big legal news. A neurosurgeon was recently sentenced to life in prison in Dallas County. As many of

Trademarks – The Surname Game

Z. Peter Sawicki and James L. Young May 11, 2017

The New Business Name Almost every business starts on a small scale, such as in the founder’s garage (or now, out of the founder’s laptop). In many instances, the surname of the founder becomes the name of the business and brand for its goods and services. There is a bit of founder vanity involved in doing so, but it might

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