Advance Planning Needed for Effective Business Succession
- June 25, 2014 | By Shawna L. L'Italien | Business & Employment, Estate Planning
Business owners spend much of their lives building up their businesses but often fail to plan for succession. This lack of planning can invite unfavorable consequences for the owner’s financial picture, his or her family, the business itself and its…
Ruling Finds Telecommuting May Be Required As ‘Reasonable Accommodation' for Disability
- June 12, 2014 | By Martin J. Boetcher | Business & Employment
A recent appeals court ruling that an employer may be required to permit an employee to work from home as part of a “reasonable accommodation” for a disability could have implications for Ohio employers. The U.S. Sixth Circuit Court of…
Ohio BWC Transitions to Prospective Billing
- June 10, 2014 | By Martin J. Boetcher | Business & Employment
The Ohio Bureau of Workers' Compensation is transitioning to a prospective premium payment plan for Ohio state fund employers. Previously, the Bureau had billed state fund employers retrospectively for the prior six months of workers' compensation coverage. However, beginning July…
Left Behind: Is Valley Missing Royalty Rapture?
- June 4, 2014 | By Alan D. Wenger | Oil & Gas
From 2010 through 2012, the Mahoning Valley experienced a mad rush of oil and gas companies tying up drilling rights. This included thousands of new leases as well as thousands of already leased “deep rights” being assigned by conventional lessee…
Local Governments May Have Some Authority Over Oil & Gas Infrastructure
- April 29, 2014 | By Alan D. Wenger | Oil & Gas, Public Sector
The oil and gas industry and its acolytes want everyone to believe that anything remotely related to oil and gas development is preempted by state law. State law does give the Ohio Department of Natural Resources exclusive jurisdiction over some…
Considerations for Addressing Royal Frustration Over Royalties
- February 18, 2014 | By Alan D. Wenger | Oil & Gas
Prompted by the flowery prognostications of oil company landmen, many Northeastern Ohio property owners hastened to lease their acres for horizontal shale drilling, with visions of fat royalty checks to come. Now, with a few new wells coming online (mostly…
Landowners With Unit Size Limits in Leases Should Resist Lessee Moves for Larger Units
- January 17, 2014 | By Alan D. Wenger | Oil & Gas
A troubling development in Ohio's oil and gas drilling craze is the pursuit by energy companies of regulatory orders that could undermine the existing lease rights of landowners. Although the Ohio Department of Natural Resources has not yet approved any…
Landowners Should Challenge Threats of Eminent Domain For Pipeline Easements
- June 27, 2013 | By Alan D. Wenger | Oil & Gas
Landmen unfortunately sometimes resort to veiled or explicit threats to landowners regarding pipeline easements. They may something like, “If you won't work with us we can just take an easement by eminent domain.” This is probably not true. Eminent domain…
New Ohio Rules on Forced Unitization Require More Documentation, Specifics
- June 17, 2013 | By Alan D. Wenger | Oil & Gas
New Ohio rules governing the complicated practice of unitization in the development of oil and gas resources will force energy companies to provide more notice and documentation and to negotiate in good faith as they pursue larger units. These rules,…
Unit Size Amendments: Watch Out for Brokers Asking You to Assign Lease Rights
- April 14, 2013 | By Alan D. Wenger | Oil & Gas
We are hearing of at least one broker soliciting area lessors who have “held by production” leases, touting a negotiating group forming to seek better lessor financial terms in return for allowing the lessee larger unit sizes. The broker is…