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Dayton Legal Issues Blog

Sometimes the best-laid plans can still yield estate litigation

By all indications, recently deceased entertainer Alan Thicke took his estate planning most seriously and in a clearly reflective and well-considered manner.

As court documents addressing the details of a living trust executed by the songwriter and television personality recently revealed, Thicke provided for family members in a seemingly thoughtful and most methodical way.

Separation agreements may help protect your company

Running a business comes with many responsibilities. While a number of those duties may allow you to strengthen your company and reap the benefits of your hard work, you may also have to deal with tasks that seem less enjoyable. As an employer, gaining and losing employees likely take place relatively often as your business needs change, and you may find yourself having a difficult time letting an employee go.

This type of situation can cause tension for everyone involved, especially if the employee's leaving comes about due to termination or layoff. Therefore, you may wish to consider how to protect yourself and your company while also allowing the employee to understand the dissolution of the business relationship.

Will 2017 usher in big changes in the business realm?

Conveying to readers of a business and commercial law blog that material changes -- diverse and multiple -- might be on the horizon in the American business sector makes for a bit of an underwhelming declaration.

After all, business is never a static or quiescent endeavor. Indeed, it is always a volatile, fast-paced and constantly evolving enterprise that rewards smart, quick and opportunistic players, while simultaneously punishing those who don't operate their concerns with optimal care and vision.

Is there about to be a deluge of LLC reclassifications?

A time-honored discussion engaged in by commercial entrepreneurs and fledgling business principals in Ohio and nationally centers on entity formation, with exacting attention focused upon the perceived advantages and drawbacks of assuming any particular business form.

That often means a close comparison of corporations versus limited liability companies, given that those two entity types confer distinct advantages (and, arguably, bring some downsides for select business players).

Don't let business secrets slip from loose lips. Create an NDA.

As a business owner, you undoubtedly hope that the ideas and tools of the trade that led to your success won't be discovered by your competition. As you certainly know, the business world can prove competitive and harsh, which contributes to why you likely hold company policies and actions close to the vest. While you may wish to keep your ideas to yourself, you also know that your business cannot grow if you do not allow others to assist you.

You probably have doubts about who may prove trustworthy, but luckily, you can take steps to protect yourself and your business as you hire additional employees or form business partnerships. Creating a nondisclosure agreement, or NDA, could help you in such an endeavor.

Regulatory compliance: always a core, broad-based business concern

Business principals of every realm in Ohio and elsewhere across the United States deal with a vast array of challenges as they operate their enterprises, ranging from formation choices and myriad employee-related concerns to competitors' inroads, contractual disputes and involvement in litigation.

And then there is regulatory compliance, which, although spelling a constant and imminent concern for all enterprises, challenges some businesses more than others.

Special concerns of the elderly regarding estate planning

Estate planning and administration commentators -- ranging widely from financial advisers and accountants to economic journalists and attorneys who work intimately with clients in this singular and important legal realm -- routinely note a fundamental fallacy regarding the topic.

And that is this: that for the most part it applies narrowly to only one tiny and discrete demographic, namely, older individuals and families who have had ample time to build wealth and now need to take actions to safeguard assets, lawfully avoid taxes and provide for heirs.

Workplace sexual harassment: a two-headed monster

We know that many readers of our Dayton business law blog at Gottschlich & Portune see stories featuring allegations of workplace sexual harassment with some regularity, given their recurrent emergence in the news.

Any environment that breeds or otherwise supports harassing behavior is obviously toxic and in strong need of remediation. Workers in Ohio and everywhere else across the country have every reasonable expectation that they will be treated with basic respect and dignity as they go about their job-related duties.

Yes, contractors have rights when government makes demands

When the Constitution's Fourth Amendment comes to the fore in a legal matter, it most typically pertains to state action by police or other enforcement bodies that is allegedly unlawful for constituting an unreasonable search and seizure in a criminal law context.

A recent case involving tech giant Google serves as a notable exception to that norm.

Regulatory compliance spotlighted in health care settlement

In seeking to identify business costs and risks, and to subsequently mitigate them to the fullest extent possible to ensure continued viability and profit, companies in Ohio and nationally basically conduct nonstop due diligence and brainstorming.

For some enterprises, lean, hungry and constantly emerging competitors are a key concern. Others focus constantly on staying ahead of the curve regarding what consumers want. Many businesses are unwaveringly fixated on maintaining a reliable supply stream of necessary resources and goods at competitive prices.

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