Weston Hurd is pleased to announce that 21 attorneys are recognized in The Best Lawyers in America© 2025 including Joseph A. Gerling attaining “Lawyer of the Year” recognition.
Best Lawyers® uses a methodology “…designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical region and legal practice area” to create a Best Lawyers® guide based entirely on peer-review™.
BEST LAWYERS IN AMERICA’S “LAWYER OF THE YEAR” 2025!
Joseph A. Gerling- Awarded “Lawyer of the Year” 2025 in Personal Injury Litigation – Defendants. Named in The Best Lawyers in America© since 2003. Recognized in Personal Injury Litigation-Defendants and Product Liability Litigation-Defendants.
BEST LAWYERS IN AMERICA 2025!
Fred J. Arnoff – Named in The Best Lawyers in America© since 2010. Recognized in Real Estate Law.
Sara Ravas Cooper – Named in The Best Lawyers in America© since 2022. Recognized in Commercial Litigation and Litigation-Labor and Employment.
Christine T. Cossler – Named in The Best Lawyers in America© 2025. Recognized in Education Law.
Miriam Fair – Named in The Best Lawyers in America© 2025. Recognized in Administrative/Regulatory Law.
John G. Farnan – Named in The Best Lawyers in America© since 2011. Recognized in Commercial Litigation, Insurance Law, Personal Injury Litigation-Defendants, and Personal Injury Litigation-Plaintiffs. Awarded “Lawyer of the Year” 2024 in Personal Injury Litigation-Defendants.
Joseph A. Gerling – Awarded “Lawyer of the Year” 2025 in Personal Injury Litigation – Defendants. Named in The Best Lawyers in America© since 2003. Recognized in Personal Injury Litigation-Defendants and Product Liability Litigation-Defendants.
Eric J. Johnson – Named in The Best Lawyers in America© since 2019. Recognized in Education Law, Labor Law-Management, and Litigation-Labor and Employment Law.
Jack S. Kluznik – Named in The Best Lawyers in America© since 2007. Recognized in Employment Law-Management, Entertainment Law-Motion Pictures and Television, Entertainment Law-Music, Labor Law-Management, and Litigation-Labor and Employment.
Mark F. Kruse – Named in The Best Lawyers in America© since 2024. Recognized in Commercial Litigation and Litigation-Construction.
David T. Patterson – Named in The Best Lawyers in America© since 2016. Recognized in Construction Law. Awarded “Lawyer of the Year” 2023 in Construction Law.
Christina Henagen Peer – Named in The Best Lawyers in America© since 2012. Recognized in Education Law and Administrative/Regulatory Law. Awarded “Lawyer of the Year” in 2017 & 2021 in Education Law.
Kathy Perrico – Named in The Best Lawyers in America© since 2021. Recognized in Education Law. Awarded “Lawyer of the Year” 2024 in Education Law.
Gregory D. Rankin – Named in The Best Lawyers in America© since 2008. Recognized in Medical Malpractice Law-Defendants.
Daniel A. Richards – Named in The Best Lawyers in America© since 2019. Recognized in Medical Malpractice Law-Defendants.
Scott J. Robinson – Named in The Best Lawyers in America© since 2024. Recognized in Commercial Litigation.
Carolyn C. Soeder –Named in The Best Lawyers in America© 2025. Recognized in Family Law.
Jennifer L. Whitt – Named in The Best Lawyers in America© since 2024. Recognized in Commercial Litigation.
BEST LAWYERS: ONES TO WATCH IN AMERICA 2025!
Alexandra C. Eckrich – Named in Best Lawyers: Ones to Watch since 2021. Recognized in Labor and Employment Law-Management.
Megan E. Greulich – Named in Best Lawyers: Ones to Watch since 2024. Recognized in Labor and Employment Law-Management.
James M. McWeeney – Named in Best Lawyers: Ones to Watch since 2021. Recognized in Education Law and Labor and Employment Law-Management.
William A. Peseski – Named in Best Lawyers: Ones to Watch since 2024. Recognized in Commercial Litigation and Insurance Law.
Weston Hurd is pleased to welcome Partners Frederick T. Bills (Columbus office), Matthew K. Seeley (Cleveland office), and Theresa N. Turk (Cleveland office). Fred focuses his practice on construction litigation with an emphasis on representing and defending design professionals. Matthew is a business, commercial, and employment attorney with 30 years of accumulated legal education and experience. Theresa concentrates her practice in estate planning, estate administration, trust planning, elder law, social security disability, guardianships, and probate litigation and administration.
More About Fred Bills, Matthew Seeley & Theresa Turk
Frederick T. Bills represents architects, engineers, construction managers, contractors, subcontractors, and suppliers in payment disputes, contract drafting, loss prevention, delay claims, and all forms of litigation and appeals. Fred received his B.A. magna cum laude from Ashland University and earned his J.D. from The Ohio State University Michael E. Moritz College of Law. Fred is certified in the American Institute of Architect’s Train the Trainer program and is a presenter to design professionals on AIA contract documents. He is counsel to the American Council of Engineering Companies of Ohio. In 2024, Fred was named an Ohio Super Lawyer in Construction Litigation.
A business, commercial, and employment attorney Matthew K. Seeley represents Fortune 500 companies, midsized, closely held, family, and startup entities as well as individuals and their personal/business partners. He represents his clients in transactional, regulatory, and administrative matters, as well as in disputes involving corporate, commercial, employment, real estate, tax collection, and workers’ compensation. Matthew has litigated cases throughout Ohio State courts, in the U.S. Northern and Southern District Courts, the U.S. Court of Appeals for the Sixth Circuit, U.S. Tax Court, and myriad state and federal administrative agencies and municipalities. Matthew is AV-rated and an Ohio Super Lawyer in Business/Corporate law. After receiving his B.A. from Kenyon College, Matthew obtained his J.D. from the University of Akron where he spent a summer studying European Union law at Magdalene College, Oxford University, England.
Theresa N. Turk represents her clients in matters involving estate planning, estate administration, trust planning, elder law, social security disability, guardianships, and probate litigation and administration. Collaborating with her clients, Theresa creates plans that make the most sense for each client’s individual needs. She also assists with navigating complex areas of law including determining eligibility for programs such as Medicaid, Social Security, and asset protection. Prior to joining Weston Hurd, Theresa was the founder and managing partner of Turk Law. Theresa received her B.A. from Ohio University and her J.D. from Cleveland State University College of Law.
This is a topic that never gets old and needs to be reviewed again and again. Over the years, I have counseled clients, conducted seminars, and written numerous articles on advertising compliance. And the topic is still relevant. As you know, the FTC has become actively involved in reviewing dealerships’ advertising practices. The FTC entered into numerous consent agreements with dealerships indicating the stores could not advertise prices or discounts unless qualifications are clearly disclosed. Further, the ads cannot misrepresent the existence of any discounts, rebates, bonus incentives or prices, or the existence of any price advantage/value unless it is disclosed. Further disclosing the number of vehicles at a specific price is another material fact and the required disclosures for financing or leasing of the vehicle.
The typical question I get when discussing advertising with dealers is, “Well others do it, why can’t I?” My canned response is, “Because it is illegal and eventually you will be the one who gets caught.”
Ohio, like every other state, has extensive rules and regulations regarding automotive advertising. I always suggest that you obtain a copy from your local dealer association or state Attorney General’s Office, who will be more than happy to provide one. Generally, ads are not blatant lies; rather, the ads are just slightly misleading. This is what causes most stores to get into trouble. Other primary issues for dealer compliance is the use of third party vendors and advertising agencies that create the ads. Although the vast majority of them are very well intentioned, they do not know the specifics of the state advertising laws and you, as the dealer putting your name on the ad, need to review the ads and amend them to make sure the ads conform to state law. Obviously, as Tier II and Tier III advertisers, it is your responsibility to create excitement. However, you must still comply with federal and state laws. You know the old adage, if ads are too good to be true then they are and will get you into trouble.
I have had numerous discussions with ad agencies regarding disclaimers and formats in ads and the general response is, “Well, we put it in the disclosure, isn’t that sufficient?” No. If there is an issue of stacking, rebates, or other offers than this is a problem. Further disclaimers have to be of a certain size depending on the size of print in the ad, must be close to the offer being made and the ad must be understandable to the general public. There is always a pushback by the ad agency stating, “Well this will not look good in print or the disclaimer is too long for radio or television.” However, the law is the law and you need to do the best you can to make the ad work. Further, you always get the argument from the third party vendors, “Well they used it in other states, why can’t we use it here?” The simple answer is because state law prohibits it.
My law firm has been involved in several class action lawsuits dealing specifically with dealer advertising. Obviously there are different fact patterns for each lawsuit but, in general, the class action lawsuits state that the ad is misleading to the consumer and contains statements in the ad that are not true or, and this is the big one, the dealership did not sell the vehicle at the advertised price. Make sure if you run an ad at a specific price on a specific vehicle that your sales managers and your sales people know that the vehicle has been advertised at a specific price, and sell the vehicle at the advertised price!
While this YAK just scratches the surface on the advertising issues dealers face, always review your ads whether placed by yourself or placed by third party vendors, don’t lie, don’t mislead and don’t try to be cute and tricky. Most importantly, SELL THE VEHICLE AT THE ADVERTISED PRICE!
On April 23, 2024, the U.S. Department of Labor (DOL) announced a final rule updating the salary threshold for employees classified as exempt. Under the Fair Labor Standards Act (FLSA), employees fall into classifications of either exempt or non-exempt from minimum wage and overtime requirements. Non-exempt employees must be paid overtime wages of 1.5 times their regular hourly rate for hours in excess of 40 per week. Employees may be exempt from minimum wage and overtime pay requirements if the terms and conditions of their employment satisfy the standards for exemption under the FLSA. In particular, employees working in an administrative, executive, or professional capacity generally fall within such exemptions if they meet the following tests:
- They are paid on a salary basis.
- They are paid not less than the specified salary level for the exemption.
- They perform exempt work as their primary duty (either administrative, executive, or professional as defined in DOL regulations).
Currently, the minimum salary level for the administrative, executive, and professional exemptions is $684 per week (equivalent to $35,568 per year). The final rule provides for significant increases to the minimum salary level in 2024 and 2025, and subsequent adjustments based on current earnings data beginning in 2027 and every three years thereafter. The increases are scheduled as follows:
- Effective July 1, 2024 – $844 per week (equivalent to $43,888 per year).
- Effective January 1, 2025 – $1,128 per week (equivalent to $58,656 per year).
- Effective July 1, 2027 (and every three years thereafter) – salary level adjusted based on a methodology tied to current earnings data.
There is also an exemption for highly compensated employees, who earn above a significantly higher compensation level and perform certain responsibilities under a less rigorous duties test. The current compensation threshold for highly compensated employees is $107,432 total annual compensation, including at least $684 per week on a salary basis. That amount will increase as follows:
- Effective July 1, 2024 – $132,964 total annual compensation (including at least $844 per week on a salary basis).
- Effective January 1, 2025 – $151,164 total annual compensation (including at least $1,128 per week on a salary basis).
- Effective July 1, 2027 (and every three years thereafter) – compensation level adjusted based on methodology tied to current earnings data.
As a result of these updates to the regulations, employers should review the compensation of employees classified as exempt to ensure they meet the new minimum salary thresholds as they go into effect. If an employer does not satisfy each component for an exemption, including paying no less than the minimum salary level, they will lose the benefit of that exemption and risk liability for unpaid overtime and misclassification of workers. The FLSA provides for significant damages beyond just the amount of unpaid overtime wages, including liquidated damages equal to the unpaid wages and plaintiff’s attorney fees. As a result, it is important for employers to identify any employees whose current salaries are below the updated threshold amounts that will be implemented beginning in a few months, and develop a plan to either increase such salaries to preserve exempt status or reclassify the employees as non-exempt and pay for any overtime hours.
For more information about the DOL’s final rule regarding increases to the salary threshold for exempt employees, and guidance for compliance and avoiding legal pitfalls, please do not hesitate to contact Russell Rendall or one of the other employment law attorneys at Weston Hurd LLP.
On April 23, 2024, the U.S. Federal Trade Commission announced its long-awaited final rule regarding noncompete agreements. The FTC had issued a proposed rule in January 2023 and received more than 26,000 comments from the public in response. The final rule effectively bans employers from entering into noncompetes with workers and bans enforcement of most existing noncompetes. The FTC explained its rationale for the rule in a press release, available here, including that noncompetes are an “unfair method of competition” that “tend to negatively affect competitive conditions in labor markets . . . [and] product and service markets, inhibiting new business formation and innovation.”
The FTC estimates that approximately 30 million workers in the U.S. are subject to noncompete agreements. Nearly all of these existing noncompete agreements will no longer be enforceable once the final rule goes into effect. The final rule defines a noncompete clause as “a term or condition of employment that prohibits a worker from, penalizes a worker for, or functions to prevent a worker from (1) seeking or accepting work in the United States with a different person where such work would begin after the conclusion of the employment that includes the term or condition; or (2) operating a business in the United States after the conclusion of the employment that includes the term or condition.” The ban is broadly inclusive of noncompetes pertaining to employees, independent contractors, interns, volunteers, and other types of workers. There is a limited exception for existing noncompete agreements with senior executives (workers in policy-making positions earning more than $151,164 annually).
Employers will be required to provide notice to workers (other than senior executives) who are currently subject to a noncompete, informing them that the employer will not be enforcing such agreements. Going forward, employers are banned from entering into or enforcing any new noncompetes, even with senior executives.
The final rule will not generally prohibit non-disclosure/confidentiality agreements, noncompete clauses related to the sale of a business entity or ownership interests, or enforcement of noncompetes where the cause of action accrued prior to the effective date of the final rule.
The final rule will become effective 120 days after publication in the Federal Register. Publication is expected to occur within the next several days after the FTC’s announcement, meaning the likely effective date will fall sometime in late August or early September 2024. However, legal challenges have already been filed and more will no doubt be filed, including by the U.S. Chamber of Commerce. Such challenges could delay or prevent the final rule from becoming effective.
In the meantime, employers should work with legal counsel to plan and prepare for next steps should the final rule go into effect, including drafting notices to workers and identifying alternatives to noncompete agreements, such as non-disclosure/confidentiality agreements that effectively protect their interests in the marketplace.
For more information about the FTC’s final rule regarding noncompetes, and guidance for compliance and avoiding legal pitfalls, please do not hesitate to contact Russell Rendall or one of the other employment law attorneys at Weston Hurd LLP.
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Weston Hurd’s 2024 Desktop Legal Primer for Ohio Claims serves as a comprehensive go-to-guide and useful reference tool. Researched and written by Weston Hurd attorneys, the Primer contains Ohio statutes, case citations, and covers topics involving:
- Claim Limitation Periods – Statutes of Limitation; Product Liability Statute of Repose; Construction Statute of Repose; Legal Malpractice Statute of Repose; Employment Discrimination Claims Under O.R.C. 4112; Employment Law Claims
- Employer Intentional Tort
- Employment Practices
- Damages – Caps on Non-Economic (Pain and Suffering) Damages; Caps on Punitive Damages; Damage to Real Property; Damage to Personal Property; Admissibility of “Writedown” of Medical Bills; Evidence of Collateral Benefits Paid to Plaintiff; Prejudgment and Post Judgment Interest; Parental Liability; Settlement of a Claim by a Minor; Statutory Damages
- Negligence
- Joint and Several Tort Liability
- Contribution, Indemnity and Effect of a Payment and Release
- Automobile Insurance – Mandatory Liability Limits; Insurance for Transportation Network Company Gigs; Pro-rata v. Excess Coverage; UM/UIM Coverage; Seatbelt, Protective Eye Device and Protective Helmet Use Requirements and Admissibility; Child Safety Restraint Requirements and Admissibility
- Declaratory Judgment Actions – Joinder; Insurer’s Coverage Defenses Against Supplemental Petitions
- Insurance Coverage – Construction Defect Claims; Allocation; Employer Intentional Tort; Punitive Damages; Retroactive Cancellation of Liability Insurance; Contract Void Ab Initio; Jurisdiction; Claims Against Insurance Agents/Brokers; Limitation of Action Provisions; Attorney Fees in Declaratory Judgment Actions; Waiver and Estoppel; Examination Under Oath; Ohio Supreme Court Insurance Coverage Decisions in 2022-2023
- Subrogation and Liens – The Make Whole Doctrine; Workers’ Compensation Subrogation; Ohio Medicaid Subrogation; Federal Medicare Subrogation
- Ohio Fair Claims Practices Act – Unfair Property/Casualty Claims; Settlement Practices
- Worksite Accidents
- Key Time Requirements in Ohio State Court Under Ohio Civil Rules
- Time for Filing Appeals to Courts of Appeals from Trial Courts of Record in Ohio
- Time for Filing Appeals to Ohio Supreme Court
Weston Hurd LLP is honored to be named by Best Lawyers® in its 2024 “Best Law Firms” rankings in both national and metropolitan categories.
According to Best Lawyers, “Best Law Firms rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys, and review of additional information provided by law firms as part of the formal submission process.”
Overall, Weston Hurd garnered 14 practice rankings, including a National ranking in Insurance Law and Tier 1 Metropolitan rankings in:
- Construction Law (Columbus)
- Education Law (Cleveland)
- Insurance Law (National and Cleveland)
- Litigation-Insurance (Columbus)
- Litigation-Labor & Employment (Cleveland)
- Medical Malpractice Law-Defendants (Columbus)
- Personal Injury Litigation-Defendants (Cleveland and Columbus)
The depth and breadth of Weston Hurd’s practice areas was further distinguished with metropolitan rankings in commercial litigation, employment law-management, labor law-management, personal injury litigation-plaintiffs, product liability litigation-defendants, professional malpractice law-defendants, and real estate law.
The full list of Weston Hurd’s rankings include:
National
Metropolitan
- Construction Law (Columbus, Tier 1)
- Education Law (Cleveland, Tier 1)
- Insurance Law (Cleveland, Tier 1)
- Litigation – Insurance (Columbus, Tier 1)
- Litigation – Labor & Employment (Cleveland, Tier 1)
- Medical Malpractice Law – Defendants (Columbus, Tier 1; Cleveland, Tier 3)
- Personal Injury Litigation – Defendants (Cleveland and Columbus, Tier 1)
- Employment Law – Management (Cleveland, Tier 2)
- Product Liability Litigation – Defendants (Columbus, Tier 2)
- Professional Malpractice Law – Defendants (Columbus, Tier 2)
- Commercial Litigation (Cleveland, Tier 3)
- Labor Law – Management (Cleveland, Tier 3)
- Personal Injury Litigation – Plaintiffs (Cleveland, Tier 3)
- Real Estate Law (Cleveland, Tier 3)
We are pleased to announce the latest edition of Weston Hurd’s Architects & Engineers Newsletter is now available.
The newsletter contains the following articles:
- Ohio School Design – Does it Create Design Warranties?
- Additional Services – “Catch 22”
- Anti-Indemnity Statute – Owner’s Response
- Duty to Defend
Download the 2023 Architects and Engineers Newsletter by clicking here
Should you have any questions, feel free to contact Weston Hurd partners and the newsletter editors – David Patterson and Ed Hubbard
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