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The ABA modernizes lawyer advertising: Will Ohio follow?

During the American Bar Association’s (ABA) Annual Meeting in August, leaders of the legal profession adopted broad amendments to lawyer advertising rules after a four-year study by the ABA, the Association of Professional Responsibility Lawyers (APRL) and the National Organization of Bar Counsel (NOBC). These organizations compiled substantial empirical data regarding enforcement of current advertisingContinue Reading

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James E. Arnold & Associates, LPA Wins Two Lawyers of the Year Designations

Julie A. Davis and Gerhardt A. Gosnell II Selected as “Lawyer of the Year” Each year Best Lawyers publishes a list of “Lawyers of the Year,” and both Julie A. Davis and Gerhardt A. Gosnell II have been chosen by their peers to win “Lawyer of the Year” for 2019. Only a single lawyer inContinue Reading

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Can the Columbus Crew move while litigation is pending?

  My most recent blog post here addressed a decision of the Franklin County Court of Appeals, which dismissed an appeal by the Columbus Crew SC soccer team and Major League Soccer (“MLS”). That case is back with the trial court, and a hearing is scheduled for September 4, 2018 for oral arguments on theContinue Reading

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Ohio Board advises against settlement terms limiting a lawyer’s representation of future clients

A party defending litigation might propose a settlement term preventing the plaintiff’s lawyer from later communicating details about the litigation in his or her law firm marketing or in discussions with future clients. Obviously, the objective of such a settlement term is to limit the plaintiff’s lawyer’s ability to attract new clients based on theContinue Reading

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Appellate court dismiss appeal of Columbus Crew SC

  My most recent blog post here addressed a pending appeal of the Columbus Crew SC soccer team and Major League Soccer (“MLS”). In short, the Crew and MLS appealed a decision of the Franklin County Court of Common Pleas that had paused the six-month period during which the Crew is supposed to give localContinue Reading

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A lawyer’s duty to inform a client of a “material error”

What should a lawyer do if he or she makes a harmful mistake during the course of representing a client? In Formal Opinion 481 (issued April 17, 2018), the American Bar Association (ABA) opined that Model Rule of Professional Conduct 1.4 requires a lawyer to inform a current client if the lawyer believes a “materialContinue Reading

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Columbus Crew appeals trial court’s decision setting process for offers

  Several of my earlier posts (Can The Columbus Crew legally relocate? , Can The Columbus Crew legally relocate? Part 2 , and State of Ohio and City of Columbus sue the Columbus Crew) have addressed the potential move of the Columbus Crew soccer team to Austin, Texas. There have been several developments in recent weeks. First,Continue Reading

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How can the Department of Taxation still attempt to collect this debt?

  One question that I routinely receive from my clients is “How can the Department of Taxation still attempt to collect this debt?” The answer to this question depends largely on the type of tax in dispute. R.C. 5703.58(A) states that the Tax Commissioner shall not issue an assessment after the expiration of 10 yearsContinue Reading

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Liability for youth sports injuries: Is the referee at fault?

Forty-five million children play youth sports in the United States, an endeavor that involves three out of four families with school-aged children.[1] By some estimates, approximately 70% of boys and girls participate in organized sports teams.[2] With so many adolescents involved in organized sports activities, there are millions of organized youth games played every year in theContinue Reading

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#TimesUp: Anti-harassment policy and practice revisions to consider

Partner Julie Davis shares anti-harassment policy and practice revisions to consider for your company during the #TimesUp era.   Reevaluate and Effectively Train on Anti-retaliation Principles and Actions, and Normalize the Complaint and Investigation Process All prevention, reporting, investigation and decision making relating to sexual misconduct relies on employee belief that retaliation will not beContinue Reading

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James E. Arnold & Associates, LPA


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