Gottschlich & Portune, LLP
937-802-2397
Main Menu Practice Areas Menu

Dayton Legal Issues Blog

SCOTUS ruling on this business tax matter will have huge effects

As noted in a recent Bloomberg article, officials in states across the country are chafing under a U.S. Supreme Court precedent from 1992 that bars state authorities from requiring retailers without a physical nexus inside their borders to collect and remit sale taxes.

The effects of the ruling are many and material, and we sketch them below for our readers in Ohio and elsewhere.

What employers should know about alcohol testing

Public service announcements about alcoholism may not become mainstream until the holiday season, but as retailers begin to hire temporary workers for the holidays, alcoholism is an incredibly real issue that job seekers and employers must deal with.

After all, the disease comes with its stereotypes and preconceived notions. Some believe that is merely a choice instead of a form of mental illness that requires treatment and reasonable accommodations.

The deposition: an important start to your case

No doubt, you have seen TV shows in which a lawyer asks a series of questions to rattle the witness and get the person on the stand to blurt out a hidden truth that will turn the case. While this kind of courtroom drama may happen from time to time, most lawsuits have much more predictable lines of questioning.

The fact is that attorneys usually know the answers before they ask the questions. This is because the witnesses have gone through the process of deposition before the trial begins. If you are facing a lawsuit, attorneys will likely depose you and your opponent, as well as anyone else who will take the stand.

Getting it right in your company's non-disclosure agreement

We believe at Gottschlich & Portune in Dayton that effective contracts -- that is, covenants that are smartly negotiated, well drafted and enforced with conviction when necessary -- go to the heart of what breeds success for a commercial enterprise.

In fact, we note on a page of our website addressing contractual matters, good contracts "are the rails that businesses ride on."

Commentator: Even the smartest entrepreneurs make this mistake

A commentator in the online publication Above The Law notes this fundamental point about the business principals whose creative ideas and energies fuel new startups across the country: they're exceptionally busy people.

And given that, he says, many of them fall prey to the same mistake that can severely mar or even destroy their enterprises before they've even had a chance to grow, namely this: inadequate attention paid to intellectual property from the very outset of their companies.

A closely held corporation is one of many business forms

Life is certainly more rewarding in virtually every conceivable realm when it is marked by diversity and the opportunity for an individual to optimally select a path going forward by choosing from among various alternatives.

That's equally true whether picking an ice cream flavor, a cable TV offering or an article of clothing from a retail rack.

New litigation concern for employers in FLSA-based claims

The bottom-line warning issued to employers in Ohio and nationally in a recent media report addressing litigation under the federal Fair Labor Standards Act is that there is a new -- and material -- concern to worry about.

And that is this: plaintiffs seeking money damages for emotional distress they allegedly suffered from wage-and-hour violations committed by employers.

Figuratively and literally, cranes a big construction realm concern

As we note on our business law website at Dayton-based Gottschlich & Portune, LLP, the underlying causes that breed construction project problems and, often, litigation are many and complex.

One specific catalyst propelling disputes that we prominently cite is crane collapse, which, for immediately obvious reasons, can bring a huge -- even catastrophic -- downside.

How can the Defend Trade Secrets Act help your business?

As a business owner, your success has likely hinged on your ability to think innovatively and create strategies that resulted in your company pulling ahead. Your ideas certainly played a pivotal role in ensuring that your business continued to grow and compete with other companies in your field. In order to remain competitive, you undoubtedly took precautions to protect your trade secrets.

These precautions may have included having employees sign non-disclosure or non-compete agreements in hopes of ensuring that they did not spill your secrets to competitors or other entities. Unfortunately, some of those parties may have chosen to disregard those agreements or otherwise misappropriate your intellectual property. Luckily, due to the Defend Trade Secrets Act, you have greater options for addressing such violations.

Google clearly wants out of limelight in this employment matter

In the aftermath, it likely seems quite clear to most people that top-tier Google officials simply did what they had to do.

And that was this: fire a male engineer whose work product engendered what a recent media report calls "a firestorm across Silicon Valley."

AV | LexisNexis | Martindale-Hubbell | PeerReviewRated For Ethical Standards and Legal Ability Super Lawyers Click for the BBB Business Review of this Attorneys & Lawyers in Dayton OH

201 East Sixth Street
Dayton, OH 45402

Phone: 937-802-2397
Fax: 937-824-2818
Dayton Law Office Map