Reorganizing your business? Take care with terminations

In Business Organizations by Coolidge Wall

Reorganizing a business involves a number of details and moving part which need to be addressed and managed. Failure to do this can lead to avoidable mistakes that can ultimately cost a lot of money and even jeopardize the future of a reorganized business. One such detail that you may need to confront head-on if you going through a reorganization is how to deal with the people whose jobs may be terminated as part of the new structuring. Unfortunately, this is often a necessary part of a business strategy as it can work to streamline business and manage costs. But …

Motor Vehicle Repair Shops: Consumer Laws That Should be Reflected in the Way You do Business

In Business Law by Coolidge Wall

Developing best practices for your business is essential to avoiding unnecessary liability and consumer initiated claims against you. As part of that process, repair and service shop owners need to become familiar with the Ohio Consumer Sales Practices Act (“CSPA”). The CSPA requires motor vehicle repair and service providers to comply with specific and detailed requirements. The CSPA prohibits certain businesses from engaging in unfair and unconscionable acts. Under the CSPA, motor vehicle repair and service are covered by Ohio Administrative Code Section 109:4-3-13. That section defines what is considered “unfair” and “unconscionable.” If in the process of providing a …

Companies working harder than ever to stop employee ‘poaching’

In Business Organizations by Coolidge Wall

One of the tools that companies have to protect themselves includes employee agreements and contracts. These documents can prevent people from disclosing confidential information or working with the competition in the event of a job change. When both parties comply with the terms of these contracts, there may be little cause for concern. However, if an employee does leave one company to work for a direct competitor, for example, legal disputes can arise. In order to resolve these situations, oftentimes the case will head to court where employment contracts and new job positions will be scrutinized. We have seen this …

Estate Planning for the 18 Year Old

In Estate Planning by Coolidge Wall

When my son, Sam, celebrated his 18th birthday, I gave him (surprise!) his very own set of estate planning documents. They were not as popular as, say, a Land Rover, but they were definitely at the top of “my” list. Why? Because he was now an adult and I was now persona non grata. My son’s 18th birthday terminated many legal rights that I had previously taken for granted. He was now an adult. I could no longer consult with his doctor due to HIPAA regulations (although the billing office had no such qualms). I was unable to endorse Grandma’s …

Steve McHugh Honored by Choices in Community Living

In News by Coolidge Wall

For over a decade, attorney Steve McHugh served on the Board of Directors of Choices in Community Living, a nonprofit agency that provides lifelong person-centered, community-based residential options and other services for people with developmental disabilities. Steve was honored at a special retirement ceremony and received a plaque from Executive Director Tom Weaver for his dedicated service.

Looking to reorganize your business? Focus on decisions

In Business Organizations by Coolidge Wall

Any time a company is struggling to pull in a profit, stay competitive or achieve its goals, business owners may very well consider reorganization. This action can shake things up and potentially reveal problems that were hidden or causing avoidable setbacks, but it can also significant upset the daily and short-term capabilities of a company. With this in mind, it should be clear that reorganization should not be done on a whim or without a strategy in place. There are many different approaches to consider and it can be crucial to assess the changes and potential fallout that can be …

Sam Warwar Pens Dayton Bar Briefs Article on Charitable Giving

In News by Coolidge Wall

Tax Attorney Sam Warwar penned an article that appeared in a recent edition of Dayton Bar Briefs, a publication of the Dayton Bar Association. The article addressed charitable giving and using closely held stock to make a charitable gift. To read the article, click here.

Anti-trust laws and preventing monopolies

In Business Organizations by Coolidge Wall

Merging with or acquiring another business can be a critical step in any company’s growth. However, they are complex and intricate processes that don’t just happen overnight. It can take considerable planning, valuation and negotiation to get to the point where a merger or acquisition can be considered and/or approved. Even at this point, there is the potential for the deal to be denied if the Federal Trade Commission believes it could violate antitrust laws that prevent monopolies. Most mergers do not raise any red flags. According to the Department of Justice and the FTC, just 5 percent of merger …

Are there grounds to challenge a business contract?

In Business Organizations by Coolidge Wall

Contracts can be one of the most important tools protecting your company right now. These legal documents are crucial in establishing expectations, defining roles and setting boundaries that can prove to be critical in just about any industry. However, a contract is only as strong as its terms. This means that if you are party to a contract that has unenforceable terms, the entire agreement itself may be voided.  There are many different reasons why a contract or certain clauses may be deemed invalid. They can be challenged if they are: Inherently unfair to one party Illegal or include violations …