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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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The American Bar Association issues an ethics opinion on lawyer blogging

In Formal Opinion 480, issued March 6, 2018, the American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility opined that lawyers who blog may not reveal information relating to a representation of a client that is protected by Rule 1.6(a), including information contained in a public record, unless disclosure is authorized under theContinue Reading

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State of Ohio and City of Columbus sue the Columbus Crew

Several of my earlier articles (Can The Columbus Crew legally relocate? and Can The Columbus Crew legally relocate? Part 2) have addressed the potential move of the Columbus Crew soccer team to Austin, Texas. Throughout the last several months, Precourt Sports Ventures, LLC (“PSV”)—which essentially owns the team—has continued to move forward with plans to relocateContinue Reading

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Flexible estate plans are crucial for changing circumstances

Beginning on January 1, 2018, the Tax Cut and Jobs Act doubled the estate and gift tax exemption amount to approximately $11.2 million per person, adjusted annually for inflation, or $22.4 million for spouses (which is portable, meaning that a deceased spouse’s unused exclusion amount is still available to a surviving spouse). This increased exemptionContinue Reading

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Can a lawyer use former client information if it becomes “generally known?”

In formal opinion 479 (released Dec. 15, 2017), the American Bar Association’s (ABA) Standing Committee on Ethics and Professional Responsibility issued a helpful advisory opinion — to our understanding of what information a lawyer can use when representing another client adverse to a former client. It is self-evident that a lawyer’s duty of confidentiality extendsContinue Reading

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Ohio oil and gas lease

The Ohio Supreme Court recently held that Ohio does not recognize an implied covenant to explore an oil and gas lease “further,” separate and apart from the implied covenant of reasonable development that already exists. Alford v. Collins-McGregor Operating Company, __ N.E. 3d __, 2018-Ohio-8, ¶ 2. This means that in determining whether an oil andContinue Reading

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