Member Publications

November 8, 2023
On Tuesday, November 7, Ohio voters passed Issue 2 by a sweeping 14-point margin to legalize marijuana for adult use in the Buckeye State. Ohio will now become the 24th state in the country to regulate adult use marijuana, and marks the tipping point where now more than 50% of citizens in the United States will live in a jurisdiction with regulated adult use sales. Frantz Ward Cannabis Practice C…
November 7, 2023
ABSTRACT: Many more employers will have bargaining obligations under the NLRB’s new joint employer rule. On October 27, 2023, the NLRB published a final rule for determining joint-employer status under the National Labor Relations Act. This rule rescinds the NLRB’s 2020 rule, which required a threshold of “substantial direct and immediate control over essential terms and conditions of employment…
November 1, 2023
Trial Court Erred in Awarding Directed Verdict for Undercapitalized Contractor Defendant The recently decided Ruben Estrada v. DJ Exteriors, LLC et al. (2023 Tenn. App. LEXIS 91) involves a contractual dispute between a contractor and subcontractor. DJ Exteriors, LLC, a limited liability company specializing in masonry, siding, and roofing, was owned by three members – Dustin Jones, James Reedy, a…
October 31, 2023
With recent mass shooting events dominating news headlines across the United States, it can seem as though gun violence has become ubiquitous in American life. And statistics sadly confirm that mass shootings have become a daily occurrence, with 2023 on pace to be one of the worst years for mass shootings in the U.S. on record. According to data from the Gun Violence Archive, a non-profit that tra…
October 30, 2023
Last week, in Gibson et al. v. MGM Resorts Int’l et al.,1 the United States District Court for the District of Nevada dismissed a putative antitrust class action without prejudice against Cendyn Group, LLC (“Cendyn”), a private company that provides technology for the hospitality industry, and the operators of several hotels on the Las Vegas strip, including the Bellagio, Wynn, Caesar’s Palace, MG…
October 24, 2023
The recent decision of the Federal Labor Court (BAG, decision of May 9, 2023 - 1 ABR 14/22) for employers in whose companies a works council has been constituted can have significant consequences in the future. I. Right to Information of the Works Council The works council of a waste disposal service provider wanted to ensure that the company fulfilled its various obligations towards severely di…
October 18, 2023
Here is an issue that comes up with surprising frequency. A client learned of a pending lawsuit that could affect his rights, but he was not named as a party to the action. The question was put to me, “what options do I have?” The litigation answer that was directly on point was “intervention.” The client’s response, predictably, was “what is that?” Intervention is exactly what the word suggests…
October 12, 2023
About one-third of legal malpractice claims are counterclaims filed by clients who were sued for fees by their lawyers. Some clients will counter-sue for malpractice to avoid paying fees that they cannot afford to pay. Other clients may not have paid the fees because they were unhappy with the services provided but were not going to sue for malpractice unless forced to do so because they were sued…
October 11, 2023
ABSTRACT: The Eighth Circuit Court of Appeals, applying Missouri Law, affirmed an Order granting summary judgment in favor of Owners Insurance Company, finding that a request for reimbursement from an adverse party did not breach the applicable insurance policy or duty of good-faith. Plaintiffs/Appellants, White Knight Diner, LLC, Larry Lee Hinds and Karen Freiner (collectively “White Knight”) b…