In the digital age, justice never takes a holiday…

In General, Litigation by Coolidge Wall

Even when the courthouse is closed on the weekends and holidays, the wheels of justice are still turning. The Montgomery County, Ohio Clerk of Courts, in keeping with Dayton’s rich history of technological innovation, has an extensive electronic filing system that allows attorneys (and judges) to file documents 24 hours a day, seven days a week, from virtually anywhere on the planet that has a secure internet connection. Each electronically filed document receives an electronic stamp that includes the date and time it was filed. With a keystroke, a judge signs an electronic document “via a digitalized image of his …

Advanced Directives: Something to Think About

In Estate Planning by Coolidge Wall

With a legacy of more than 165 years of service to clients in Dayton, throughout Ohio, and beyond, we understand the importance of time. You should know the right time to create or sell a business, the right time to grow your assets and the right time to decide where those assets should go when you are no longer able to take care of them yourself. Estate planning is an essential process to care for yourself, your loved ones and the wealth you have built and nurtured over a lifetime. The preparation of advanced directives is a key aspect of …

Supreme Court’s GPS Constitutional Privacy Ruling Could Impact Private Employers

In Employment Law, General by Coolidge Wall

In U.S. v. Jones, the U.S. Supreme Court ruled that the Fourth Amendment (protecting a person’s reasonable expectation of privacy and against unreasonable search and seizure) was violated when law enforcement inserted a Global Positioning System (or GPS) device in a vehicle, without a valid warrant, and tracked the vehicle’s every move on public streets for a month. Although Jones is a criminal case involving the U.S. Constitution which prohibits unreasonable searches by government actors, the decision may have a ripple effect on private employers who use GPS and other tracking devices to monitor employees’ whereabouts. Currently, only two states, …

Supreme Court Refuses to Hear Internet Sales Tax Cases

In Business Law, Tax by Coolidge Wall

New York implemented a law that imposes sales tax collection duties on some out-of-state retailers that are not physically present in the state. The law requires out-of-state retailers engaged in “affiliate marketing” to collect sales tax. Affiliate marketing occurs when the retailer enters a contract with a third party (the affiliate) who operates an independent website. Under the contract, the affiliate agrees to provide on its website a link that directs readers to the retailer’s website in exchange for a percentage of the sales made to readers who use the link. Overstock.com and Amazon.com sued the New York State Department …

Supreme Court Will Hear Religious Freedom Cases

In Business Law, Healthcare Reform, Litigation by Coolidge Wall

The Supreme Court agreed on November 26, 2013 to hear the religious challenges of Hobby Lobby Stores and Conestoga Wood Specialties Corp. to the contraceptive coverage requirements of the Affordable Care Act. While not on the Supreme Court website calendar yet, the latest information indicates the cases will be heard in March. The Court has consolidated the two cases and scheduled only one hour of argument for both cases. As discussed in earlier blog posts (Supreme Court Asked to Decide If Corporations Have Religious Freedom and Do For-Profit Corporations Have Religious Freedom?), the general issue is whether for-profit companies with …

Stay away from my friends: When is a business’s social media friend list a trade secret?

In General, Litigation, Social Media by Coolidge Wall

The general rule in Ohio is that for a customer list to be a trade secret, it has to be… a secret. Usually this means that the customer list is stored in a locked drawer or a password-protected server that only a few trusted people can access. But with the emergence of social media, a friend list may be as or more important than a traditional customer list. But can a business’s friend list be a trade secret just like a customer list? Christou v. Beatport, L.L.C., No. 10-cv-02912-RBJ-KMT, 2012 U.S. Dist. LEXIS 34307 (D. Colo. 2012) raised this very …