Columbus bar quarterly

But do … More we understand what really happened in this case? This session will focus on leases, … More including topics like tenant default, security deposits, landlord duties and more. Don't forget to vote! The poll will close this Friday, September 17, at 5 p.

If you're in the market for a lawyer, make sure you know how to pick one! It is impossible to do general practice or effectively serve as in-house counsel without knowing something about … More immigration. This CLE will help you understand the basics and how to best handle the challenges presented by immigration issues.

This Thursday, join members of the Franklin County Court of Common Pleas, Domestic and Juvenile Divisions, for a … More conversation highlighting positive changes and important news about the court! The Judicial Preference Poll is now online and will remain available through 5 p. This … More poll asks central Ohio attorneys to select preferred judicial candidates among those on the ballot this fall: cbalaw. We'll be closed all day today to give our workers some time off … More to spend with their loved ones; we will reopen tomorrow, September 7, at a.

Have you checked up on your business' cybersecurity practices recently? If not, now's the perfect time! CBA … More member Paul Unger put together a comprehensive checklist of what you should be paying attention to for a cybersecurity check-up. The … More attorney will prepare oil and gas title opinions, assist with transactions and disputes, and have opportunities for professional growth. ICYMI: check out our recent Columbus Bar Lawyers Quarterly edition—featuring articles on starting a business … More during the pandemic, employee vaccine requirements, and more.

Read now: bit. How is this case applicable to Ohio law? They will be responsibles for the … More assignment of cases, case-flow management and support to the judiciary on all assigned judicial cases. CBA members: have you tried fastcase yet? You get free and unlimited access as a member benefit! With school starting up again soon, do you know what to do if you catch your child cheating or how to recognize … More if they are?

Join author Edward J. Larson as he discusses his Pulitzer Prize winning book, Summer for the Gods! The … More Scopes trial tackled questions that are still relevant today: reason vs. Register now: buff. Reaching clients with digital media is essential - and it can be very affordable! Check out the CBA's Media … More Studio, available to assist you with professional headshots and other audio, video and photography needs.

Learn more: bit. What would you do if you or your firm or organization were the victim of a cybersecurity attack? Learn more: cbalaw. Duties will include contract reviews, significant research, and more. Every workplace has them: the negative, intimidating, mean-spirited or difficult people who make work life … More uncomfortable.

You can't banish them, but this class will help you learn strategies to manage them! The successful candidate will serve as the primary support and management of the college Registrar center. ICYMI: Check out the first episode of our "Pandemic Perspectives" series, where lawyers share candid experiences … More of how the pandemic has impacted their practice and their life!

Thinking about creating or updating your will sometime soon? CBA member Ryan Welker put together a quick, … More helpful article on what to consider if you have a will signing in your future. In this issue, Columbus Bar Lawyers Quarterly explores employment law—featuring articles on starting a business … More during the pandemic, employee vaccine requirements, and more. They would only serve my steak rare. My son liked the ribs. Appetizers were cold. Fried pickles and potato skins were not good.

Service was quick and atmosphere was nice. Lots of menu options and kids love the pizooki. Food might be in salty side. I notice we drink a lot of water after eating there. We were seated promptly and treated courteously. The food was delicious. Service was prompt, personable, and efficient. We had a wonderful dinner. Huge menu, lots of choices. Food quality was pretty good, but tri-tip steak was a little tough. Large portions. Our server was very personable, but there was an issue with splitting the check.

We were there for a co-workers birthday, and there were 7 of us. We needed the check split 6 ways, and it seemed like quite an ordeal. Our server had to get manager approval to reprint the checks. This caused an avoidable delay during a time we were already pressed to get back to work. The food was great. Lots of different options. And the service was really good except for that one area. Great service and food as usual. Best thing this place has going for it is their giant selection of draft beer.

Plenty of dining options in the area, I would recommend going to one of the others. Standard BJs experience nothing bad however not exceptional either. This was one of the fastest and best experiences I have had.

Service was great and the food came out so fast. Food cold, service was solid good. Bj's always has good food with a large selection to choose from. After a general feeling of being uncomfortable, it hit me that the tables are too small and the booths are cramped. Our family is pretty tall so we asked to be reseated to one of the semi circular style booths and even those are small.

Then with the all the plates and specials placards, just too much going on on the tabletop. Food was cold. Waitress took order and never saw her again. Had to ask 4 people to get some silverware. Finally got the manager to wait on us and get us dessert.

They did discount our bill but not enough for the horrific experience that it was. They messed up the reservations and then we got split up between two tables, they screwed up my brothers meal twice, the bacon ranch paninni came with no bacon but onions that weren't even on the menu.

The waiters were upset the manager didn't tell them it was one party which they made very obvious. It took us 2. It was incredibly disappointing. Our server was good but not in a hurry; had to ask for drink refills, wait on our checks, wait to come back and pick up the checks BJs Brewhouse at Polaris is always consistent with food quality and service.

Server Ian was great. Tried something different and was very pleased with choice. Everyone enjoyed their meal. Hard to beat value and selection. Very busy Friday night, I think the kitchen was overwhelmed.

Our server was very friendly and took it back and 3 out of our 6 in our party continued on to eat their dinners while the remaining 3 waited. When the food arrived we were disappointed to find it barely warm. They gave us 2 salads while we were waiting, but overall, first impression was not good.

We made a reservation, arrived five minutes early and were told we would be seated in 10 minutes. After waiting for 25 minutes, which was 20 minutes past the time of our reservation we still were not seated. We had 2 small children with us, which is why I make a reservation. It is best if they do not have to wait a long time to be seated.

Two United States Supreme Court decisions, along with some recent federal legislation, have greatly expanded the scope of material which is now eligible for trademark registration.

Content which was forbidden for decades is now fair game. Thus, the issue was squarely framed as one of freedom of speech under the First Amendment. In an decision Justice Gorsuch did not participate , the Court struck down the prohibition.

The government had argued that trademarks were not private speech at all, but were instead a form of government speech that was immune from First Amendment protections. The Court rejected this argument, confirming that trademarks are indeed subject to freedom of speech protections. The Court then concluded that the law was viewpoint discriminatory, and that the government could not ban a trademark merely because it was offensive.

Notably, you may recall that the Washington Football Team formerly the Washington Redskins were on the doorstep of having their trademark cancelled, but escaped that peril as a result of this decision. It was not long before the Supreme Court addressed the matter. In , the Supreme Court issued a complicated and messy opinion in Iancu v. As in Tam, the Court concluded unanimously that the bar against immoral material was hopelessly viewpoint-. The majority felt that such rehabilitation was inappropriate because the statute was broad enough to encompass viewpoint bias against the scandalous ideas themselves.

He wrote:. Our decision does not prevent Congress from adopting a more carefully focused. The particular mark in question in this case could be denied registration under such a statute. Regardless, Tam and Brunetti are a fascinating and important intersection between First Amendment and trademark jurisprudence.

The third major change in the trademark world relates to the cannabis industry. The USPTO has long taken the position that trademark law prohibits registration of marks for products and services that are illegal at the federal level. That prohibition created tension as states began to legalize various cannabis products at the state level, even as cannabis remained federally illegal under the Controlled Substances Act.

As a result, businesses were unable to obtain federal trademark registration for cannabis products, even if those products were considered part of legitimate commerce by their states. Rimkus has decades of forensic experience investigating and evaluating injury accidents across the U. Our construction experts and engineers conduct in-depth investigations to verify critical issues and can help provide solutions for recovery. The Farm Bill changed things for a significant segment of the cannabis industry.

Specifically, the Bill removed cannabis with less than 0. With the passage of the Bill, hemp is developing into a significant industry. However, in this nascent area, not all participants necessarily have the highest integrity.

As a result, reputation is crucial. Therefore, the ability to protect brands with registered trademarks is a huge boon to both legitimate businesses and consumers. In particular, hemp-derived CBD brands stand to benefit immeasurably from access to registration.

Nevertheless, the newfound access to registration remains the overarching story. With the Supreme Court decisions in Tam and Brunetti, and the legalization of hemp products after the Farm Bill, trademarks have entered a brave new world. It will be exciting to see how businesses take advantage of the expanded opportunities. With the election of President Biden and Democratic majorities in the U. House and Senate last November, however, it appears that the time for action on infrastructure has finally come.

There is broad consensus on both sides of the aisle that increased funding is required to fund traditional infrastructure improvements, such as roads, bridges, public transit, railroads, water storage, ports, airports, inland waterways, broadband infrastructure and drinking and waste water systems.

Beyond that, however, sharp disagreements abound. For the most part, businesses do not devote a lot of resources to eminent domain. The business folks are too busy running the company to worry about it. In-house legal departments do not pay much attention to it either. These plans follow on the heels of a number of COVID packages that included funds that relate to infrastructure.

While it is tempting to compare the monies the two plans would allocate, such comparisons are of limited value, since the AJP proposes new money, while the Roadmap generally adjusts already programmed funds up slightly. As of this writing, the Biden Administration and Republican members of Congress are attempting to negotiate bipartisan infrastructure legislation, but the chances of reaching compromise on a global package appear slim.

Nevertheless, there is a possibility that those portions of AJP both parties can agree upon may be passed in bipartisan manner. However, Democrats are expected to attempt to pass the remainder of the AJP or some version of it through budget reconciliation, which the U.

The budget reconciliation process would bypass the filibuster and permit passage with only 51 votes in the Senate. Democrats are eager to move quickly, with House Speaker Nancy Pelosi announcing that she wants to pass a package by July 4. Regardless of what form the infrastructure package ultimately takes or the manner in which it is passed, it is a safe bet that increases in infrastructure spending are imminent, as is an increase in eminent domain activity.

Once a bill passes, money will start to flow and projects will start to move. This will likely lead to a significant increase in construction activity, and a significant uptick in the use of eminent domain to acquire the necessary property rights. Most businesses are not ready for the onslaught. Inhouse legal departments do not pay much attention to it either. After all, the business will recover something no matter how things turn out, since the condemning authority is legally required to provide some measure of compensation, which is a pleasant break from the business having to actually pay money out to claimants.

And while some businesses may use outside real estate counsel on a regular basis, eminent domain is real estate litigation, a niche practice area requiring a specialized skill set, and most real estate lawyers are not equipped for it.

The result? Matters fall through the cracks, and money—often significant money—is left on the table! It is time to change how businesses think about eminent domain. Large brick-and-mortar retailers, the businesses likely to be most impacted, should audit how eminent domain matters are handled. Who receives notices from condemnors? What happens once notice is received? If the response is not consistent, systematize it and train personnel to follow the protocol.

If that seems daunting, qualified eminent domain counsel should be consulted. Goodman, Esq. CSSC mgoodman nfp. And all businesses should consider lining up qualified eminent domain counsel ahead of time.

In many states, including Ohio, a condemnor can file an eminent domain lawsuit shortly after sending written notice communicating its intent to acquire the property. A business may find it difficult to complete an appropriate search for counsel by the time its answer is due, and a failure to take timely—and informed— action risks losing valuable rights. For a complete list of events, CLE programs and meetings, visit www. This live Zoom webinar has been approved for 1.

Details and registration www. First 25 registrants will receive a free copy of the book. This live Zoom webinar has been approved for 3. Conduct CLE Hours.

Contact Judy McInturff at judy cbalaw. Senate, becomes law, freelancing will be forever altered. I am a small business owner with a staff of one. The provisions are:. Even if the law does not maim the gig economy, it will certainly create a confusing environment. The outlets for whom I write or edit will likely not want to hire a freelancer for fear of huge fines and penalties the Department of Labor could bring in doing so.

California was officially the first state to mangle freelancing by enacting the controversial AB5 legislation. When that law went into effect on Jan. She and two other New Jersey freelance writers echoed her disapproval of the proposed laws, and they began reaching out to New Jersey legislators to voice their disdain for it.

I certainly do not speak for 57 million American freelancers, but I can honestly say not one of the freelancers I know supports the PROAct.

I tweet about the pending law on a daily basis; it consumes my mind with anger and frustration sometimes. But, President Biden and Labor are not taking the delay well.

People want Congress to ruin the careers of 57 million freelancers because they bribed senators with cake? He wants to make the PRO-Act the law of the land. That has already happened to Judi Ketteler, a full-time freelance writer and author in Cincinnati. It makes no sense to me to do that, especially when that sector of the economy is exploding.

And, if the PRO-Act passes as written, I, along with 57 million other freelancers in the United States, will almost assuredly lose the ability to work as I do now. According to the site, approximately 36 percent of American workers participate in the gig economy. Furthermore, if freelancing continues to expand at its current growth rate, more than half of the U.

And Congress wants to put the kibosh on freelancing, because of what? Money from Big Labor. Lots of it. The campaign war chests of Democrats supporting the PRO-Act are enjoying large infusions from various labor groups. For example, OpenSecrets. Which is exactly what scares me. The PRO-Act will not only maim the freelancing careers of 57 million small business owners, but also impact the small and large businesses that rely on them, as well.

I simply do not understand how, in the Land of the Free, our elected officials can effectively choke the gig economy. Imagine this: if the PRO-Act passes with the ABC Test, thereby making it nearly impossible to freelance, it will be legal to be a prostitute in Nevada but not be a freelancer.

Think about that. Does that make any sense at all? PRO-Act supporters argue that some misclassified employees are being exploited and their rights trampled on. Why would anyone start a business during a pandemic? Maybe we, and the founders we represent, are crazy. Or, maybe not. The evidence will come in well. Our firm belief is that we and our founders will have created and delivered more value because we chose to press forward despite the chaos, closures and isolation.

Founders often struggle with a complex set of decisions as they organize, build and grow their companies. The pandemic made it far more complicated, but our model has held up.

We approach it as entrepreneurs. Our view is that we can better advise founders about their organizational design and strategy if we understand why they are starting a new company, what they intend to do, and how they intend to do it.

We try to have a basic understanding of our founders as people before our first substantive meeting. We want to know with whom we are working, their values and their personal objectives. We also do a deep dive on the industry and competitive environment in which the founder and their team will operate. One of the tools we use during this phase of our work is the lean business model canvas. It asks a series of questions that require founders to think long and hard about their value proposition and the combination of activities required to create and deliver it sustainably.

We come to the initial meeting prepared with questions. This is an arbitrary standard, but one designed to force client teams to think hard about how to articulate their objectives, scope and competitive advantage. Some founders have done the work by the time we meet them and can articulate their strategy pretty clearly. Others may have a great idea for an innovative solution. This is a critical effort for entrepreneurs, and one that can lay the groundwork for successful growth.

The alternative to achieving alignment can be debilitating, valuedestroying friction. The research we do always depends on the objectives and potential problems we identify during the initial meeting and throughout our engagement. We want to identify a model or series of models that we can use to develop hypotheses about the optimal series of choices a founder may make to define their competitive advantage.

Ultimately, we want to create a strategy that empowers our client to relentlessly and sustainably create and deliver value. This phase of an engagement is the most timeintensive. We use investigative interviews with key personnel to gather more facts and data to feed into the models we are considering. This is an iterative process, and it often involves some of the experimenting and analysis we describe below. We conduct a series of tabletop experiments using the information we gathered to play out all of the potential decision-points, risks, benefits, and short and long-term consequences intended and unintended.

This all sounds quite scientific, but our experiments often require simple, quiet consideration of the possible combinations of causes and effects that could yield an optimal or suboptimal decision. This is when the client team sees all the pieces of the puzzle assembled before them. Our strong preference is to use a whiteboard to set the stage for our discussion, and leave our PowerPoint in our backpacks as a final deliverable and summary of our work to date. We provide an overview of the problems, the objectives, the model s and the decision points under consideration.

The real work has to be done by the founder and their team. That said, we always want the client to try to reach their own conclusions — and articulate them — before we weigh in. Your wealth journey is your own. Our team works to understand you and your goals to craft a strategy that fits your priorities and preferences to a tee.

Ready to cut to the chase? Let us go to work for you. Implementing decisions can be quite difficult, especially in the early stages of a new company. We help client teams troubleshoot decision-making and implementation and continue to work with them solve the smaller, yet still critically important, problems that arise. We make it a point to be available and accessible as quickly as possible to help them remove impediments — internal and external — to achieving their objectives.

Sometimes, a founder or leadership team will need a robust analysis to help make big decisions. Sometimes, they just need a trusted adviser to give them perspective and help them think differently about their problems, objectives and options.

We are tremendously fortunate to have found ways of creating and delivering value to our clients during the pandemic and to play a part in the early stages of their sustainable growth. Between an ever-growing number of individuals who developed some form of the disease and the prevaccination attempts to slow its spread, employees were laid off or were working at home; in-person shopping slowed to the minimum; many stores,.

Most of us turned into semi-hermits, getting our culture, meeting our family and friends, doing work and conducting meetings on the Internet. Others, such as those lacking Internet access, essential workers and essential businesses tried as best as they could to survive.

In addition, it bolstered unemployment insurance for those tossed out of work, and small businesses like ours could apply for and get a government loan. General Innovations and Goods, Inc. While the main focus of the business has been on the development and studying, with the help of NIH small innovative business grants, of a device developed to reduce asthma symptoms, we still have sales of filters and bulbs for older models that predated the study, as well as updates of bulbs and filters to units used in the study which had been given to those who completed the study.

Introduced into the U. We needed to use their help in other ways, on further research on other possible projects. And we did prefer to compensate them for their time spent on our projects. HR morphed into a totally different bill, the Coronavirus. Section 7 a of the bill that created the U. Small Business Administration gave the agency the power to either directly or in cooperation with banks or other financial institutions, make loans to small businesses to help them with short- or long-term working capital, refinance their current business or purchase furniture, fixtures and necessary supplies.

In addition to a low one percent interest rate, the CARES Act offered forgiveness of the loans made to small businesses under the PPP program, provided that at least 60 percent of the money loaned was used to compensate employees, whose salaries were to be kept as they were before the pandemic. The money could be used for certain other expenses like rent,. The loan money not used for payment of employees could also be used for group health care and state and local taxes.

The requirement for possible total loan forgiveness also mandated employees not be laid off, and the business continued operating. The federal government had been derided at least since the time of President Reagan as too big and too sprawling to manage anything efficiently,v with programs that could be allegedly better managed with efficiency and competently by privately owned corporations.

Permeating the philosophy of governing then was the belief in an old statement Adam Smith wrote in The Wealth of Nations, that an individual pursuing hisvii own interests frequently promotes the betterment of the society as a whole more than someone who allegedly dedicates his life to that purpose.

On April 2, , an interim final rule announcing implementation of Sections and of the CARES Act, along with Section allowing for forgiveness of the full amount of qualifying loans, was promulgated.

This was the first of many interim rules designed to try to clarify the policies, as well as the best practices needed to not only obtain the loan but have the amount forgiven.

We quickly submitted a request for a loan for our small business and were thankful when we received it. We used an average one-month payroll, as required by the rules, multiplied by 2. It was a very useful, helpful and timely boost to our small business.

While we focused on trying to move our business forward, there were other bills in the US Congress designed to enhance the PPP program passed during that first phase of the pandemic. It seems that the amount of money allocated to the first PPP loan program had been depleted within just a few weeks from its start, and many small businesses and not-forprofits were unable to be fully processed before the money ran out. Of special interest to our company, on Oct.

We gathered all required documents, filled out Form and held our breath, hoping that we had done everything correctly to have our loan forgiven. Its purpose: to defer payroll taxes, to establish a minimum maturity of five years for a paycheck.

In the early part of December as we tried to make certain our records and documents to help us get our loan forgiven were in proper order, there were news analysts who argued that the bulk of the PPP money went to larger rather than smaller businesses. Jonathan Ponciano wrote in the Forbes Dec. HR was introduced into and passed out of the U. House of Representatives originally to develop a strategy to enhance economic cooperation and expand professional and educational exchange programs between the United States and Mexico.

It was signed into law on Dec. With the passage of Public Law and, released on Jan. While it is clear that many larger businesses that were not struggling to survive utilized these loans, we firmly believe the loans were a bit like a survival ring buoy tossed out to someone caught in an ocean current pulling that person out to sea.

On Feb. The rules were changed, broadening eligibility for the loans for example, allowing individuals who had student loan delinquencies and who otherwise qualified for the loans to receive them. It is said that to the extent the PPP loan was promptly used to pay eligible expenses, the loan never has to be repaid, a gift to cash strapped small businesses struggling to survive.

Bring your message to life! Kelley has years of experience producing digital video, from small social media posts to full blown multi-camera live production. Discount for members. But for some, vaccines have created as much, if not more, anxiety as the pandemic itself. This article will focus on workplace issues relating to vaccination. Perhaps the most frequently asked question asked by employers in recent months has been whether they can require employees to be vaccinated.

On Dec. In both the disability-related and religious objection situations, when a reasonable accommodation. If no reasonable accommodation can be offered because it would pose an undue hardship as defined by Title VII, then the employer may exclude the employee from the workplace. While the EEOC permits an employer to request proof that an employee was vaccinated, questions that go beyond this inquiry should be limited. Asking employees why they did not receive the vaccine may elicit information about a disability and would only be permissible if the question is job-related and consistent with business necessity.

Again, limiting who from the management team is engaging in these conversations with employees and making sure they are well-trained helps assure that the company is not violating the ADA. The EEOC recognizes that its regulations are not interpreted in a vacuum.

Employers should remember that guidance from public health authorities is likely to change as the COVID pandemic evolves. Therefore, employers should continue to follow the most current information on maintaining workplace safety. See Dec. For these reasons, employers may be best served to strongly encourage — rather than mandate — employees to be vaccinated. Employers should also be mindful of obligations under the Genetic Information Nondiscrimination Act. Tools such as pre-vaccination medical screening questionnaires that elicit genetic information potentially violate GINA.

Employers should therefore limit questioning to simply requesting proof of vaccination i. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. If this model EEOC language is used, then genetic information received in response to a request for proof of vaccination would be viewed as inadvertent and not unlawfully obtained. While there is light at the end of the pandemic tunnel, it is important to be careful how we get there.

By being aware of potential legal pitfalls, employers can help ensure their employees are safe and the company complies with its legal obligations to preserve medical privacy.

You are never too old to go to law school. When I decided I wanted to attend law school, at 27 years old, some encouraged my decision and others thought I was certifiable. He was wrong; everyone was wrong.

The purpose of this article is not to tell my story. This is an open letter to those who wish to pursue their juris doctor later in life, to employers, to attorneys and to paralegals.

It is my hope that I will empower those who wish to pursue a legal education later in life to do so and dispel some stereotypes. Maybe others can learn from my experience, setbacks, obstacles, failures and successes. In order to understand this viewpoint, some background about who I am and my journey is needed. I am a year-old entrepreneur and full-time nontraditional student at Capital Law School.

At 27 years old, I decided that I wanted to become an attorney. As with all journeys, there were road bumps along the way. Immediately after graduating from high school, I attended Kent State University with a desire to study business. I lost my best friend, my father, my sophomore year and decided to take some time off. I knew one day I would return to complete my degree. I had always had a business mind and proceeded to start working on various ventures.

It was then I had this crazy idea: I am going to go to law school. I completed my degree in two years and was accepted to Capital Law School.

Again, you are never too old to go to law school. However, as a non-traditional student, your experience and journey will not be the same as the typical twentysomething with a newly minted diploma. You have the upper hand. You have real world experience. You already have an arsenal of skills and experiences that will make your law school experience more manageable, beneficial and rewarding.

With that said, you also have a variety of responsibilities that will complicate your law school career. That is right; I called law school a career.

It is a full-time job, in addition to a full-time job you already most likely have. A non-traditional student is a valuable asset to your practice. I would like to offer some advice as to how I manage to juggle being a full-time law student while running a company full time and clerking.

First, time management and setting achievable goals are crucial to your success. I maintain a very detailed calendar and plan ahead. I utilize a software iStudiez Pro that has all of my assignment and exam dates. Before I go to bed, I write a list of what I need to accomplish the following day on a legal pad. I categorize my tasks by school, work, clerking and home.

While the list seems daunting, every time I complete and cross out a task, I feel very accomplished. I set daily, weekly, monthly and semester goals.

It will remind you that you have achieved what you set your mind to. Second, flexibility and being prepared for unforeseen circumstances is key to managing your law school career. As I am sure you are aware, things come up in life. It happens, and it always occurs at the worst possible time. Keep your head up and power through. Think ahead and plan. If you know that you have a deadline for a memo and a family member is ill, think of the possible events that may occur due to that illness.