Class Action Lawsuits Over O&G Royalties: 6 Issues to Consider
- November 9, 2015 | By Alan D. Wenger | Oil & Gas
Many royalty recipients are convinced they are being underpaid by a lessee because of improper cost deductions and sale prices tilted through schemes involving companies related to the lessee. Lessors face many roadblocks if they seek redress: royalty claims are…
3 Takeaways from Landmark EEOC Ruling in Sexual Orientation Case
- August 24, 2015 | By Matthew M. Ries | Business & Employment
A July ruling by the U.S. Equal Employment Opportunity Commission in a case alleging discrimination based on sexual orientation will require employers to take a fresh look at their hiring practices and policies. Following the Supreme Court's 2013 ruling that…
U.S. Supreme Court’s Gay Marriage Decision Impacts Ohio Employers
- June 26, 2015 | By Martin J. Boetcher | Business & Employment
On Friday, June 26, 2015, the U.S. Supreme Court decided the case of Obergefell, et al. v. Hodges, Director, Ohio Dept. of Health, and held that laws, including Ohio's, which exclude same sex couples from civil marriage on the same…
New Union Election Rules Force Employers to be More Proactive
- April 20, 2015 | By Patrick K. Wilson | Business & Employment
In December we saw the National Labor Relations Board continue its union-friendly pattern. The NLRB ruled in a case entitled “Purple Communications, Inc.” that employees may utilize their work e‑mails for organizing campaigns. More importantly, the Board announced several revisions…
Failure to Preserve Evidence Can Invite Harsh Consequences
- March 30, 2015 | By John T. Dellick | Litigation
One of the fastest developing and most troubling areas of litigation is “spoliation,” the failure to preserve necessary evidence. While state laws on the topic vary, they all generally require that, once litigation is anticipated, evidence that is reasonably relevant…
Take Caution When Severing Ownership of Land & Mineral Rights
- March 16, 2015 | By Thomas G. Carey | Oil & Gas
Landowners these days are increasingly involved in transactions with severed mineral rights. A seller may wish to transfer ownership to a piece of land but retain the rights to future oil and gas development on that land. Sloppy language in…
Supreme Court Ruling Leaves Door Open to Local Regulation of Oil & Gas Development
- February 17, 2015 | By Alan D. Wenger | Oil & Gas
Headlines seem to say that the Ohio Supreme Court has upheld the Ohio Department of Natural Resources (ODNR) statewide preemption over local municipal governments’ regulating oil and gas development within their municipal boundaries (read the ruling here). A majority of…
New OSHA Rules Require Sound Plan To Report Accidents
- February 12, 2015 | By Matthew M. Ries | Business & Employment
Recent changes in federal laws covering workplace injury reporting make it more important for employers to have reliable systems for documenting and reporting serious accidents. Here are some recent examples of important changes in reporting laws: On September 11, the…
New OT Rules for Direct Care Workers Take Effect Jan. 1
- December 16, 2014 | By Martin J. Boetcher | Business & Employment
(Update 3/26/2015 : The new U.S. Department of Labor overtime regulations for direct care workers are being challenged in court. In January, a Federal judge in the U.S. District Court for the District of Columbia invalidated the new regulation. The…
Corporate Shield Law Offers Protection, But Has Some Exceptions
- November 17, 2014 | By Kevin P. Murphy | Business & Employment
It is well established that the Corporate Shield Doctrine applies in Ohio, operating to protect individual agents and employees from exposure to personal liability for acts committed in their employment capacities. The doctrine allows a corporate officer to avoid individual…