In a three part series for the Estate Planner newsletter, Weston Hurd partner, Angela Carlin, poses the question Does Ohio Recognize “Virtual Adoption”?
In Sanders v. Riley, No. S14A1314, decided March 16, 2015, the Georgia Supreme Court upheld the equitable doctrine of virtual adoption when it reversed a trial court’s judgment in favor of Curtis Riley, who contended that his half-sister, Shalanda Sanders, had failed to prove an inheritance claim from their father, Clifford Riley, under the equitable doctrine of “virtual adoption.”
This is another case where disputes among family members may be avoided by an individual, here father Clifford Riley, if he had the basic estate planning documents: a Will, a Trust, if proper, a Durable Power of Attorney, a Health Care Power of Attorney, and a Living Will. Unfortunately, Clifford died without a Will or a Trust identifying his beneficiaries. This case also illustrates that once a child, Shalanda, has been “virtually adopted” by her adopting father, Clifford, a later relationship between the child and the child’s natural or biological father does not sever the previous virtual adoption by another person.
Read more about “Virtual Adoption”: 2015 – Does Ohio Recognize Virtual Adoption – Parts 1-3
One day you receive a certified letter from a law firm. You open the letter and it briefly states that the firm has reviewed your website and that you are in violation of the Americans with Disabilities Act (ADA). You scratch your head and think, “Well, my building is ADA compliant. What in the world is this all about?” Welcome to a new area of litigation.
The facts in the scenario are absolutely true. Read this issue of You Auto Know! to learn more about ADA website compliance. 2016 – You Auto Know! – Americans with Disabilities Act Website Compliance
On January 29, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) and the Obama Administration unveiled a new proposed rule that would require employers with a 100 or more employees to disclose hours worked and compensation for employees by gender, race and ethnicity. Employers would be required to report this information on revised employer information reports, also known as EEO-1 reports. This rule would cover more than 60 million employees.
Weston Hurd is pleased to announce that Matthew C. Miller has been named a Partner of the firm effective January 1, 2016.
Matthew focuses his practice on commercial and business litigation, employment litigation, creditors’ rights, business transactions, and real estate matters. He has specific experience representing automobile, truck, motorcycle, and recreational vehicle dealers with respect to administrative and regulatory proceedings, consumer claims, dealer compliance programs, manufacturer disputes and commercial transactions. Matthew also represents clients in shareholder disputes, non-compete and non-solicitation agreements, and trade secret actions.
Matthew joined Weston Hurd as an associate in 2009 after receiving his J.D. from Cleveland-Marshall College of Law and obtaining his Ohio Bar admission. He received his B.S.B.A. in 2006 from Bucknell University. Matthew has admission before the United States District Court for the Northern District of Ohio, the United States District Court for the Southern District of Ohio, the United States District Court for the Eastern District of Michigan, and the United States District Court for the Northern District of Indiana.
He is a member of the American, Ohio State and Cleveland Metropolitan Bar associations and since 2015, Matthew has been named an Ohio Rising Star in business litigation by Thomson Reuters.
2016 – Matthew Miller Named Partner – January
Practical tips at the end of the year for automotive dealers in Bob Poklar’s You Auto Know! – Get Back to Basics and Christmas Cheer.
2015 – You Auto Know! – Get Back to Basics and Christmas Cheer – December
The Ohio November election will have an issue that, if passed, will amend the Ohio Constitution to permit medical and recreational use of marijuana. This You Auto Know is not going to get into the political aspect of the bill but will attempt a very brief overview of the legal issues. 2015 – You Auto Know! – Up in Smoke
Weston Hurd partner Walter “Scott” Lucas was a presenter at the Ohio State Bar Association seminar on Criminal Advocacy that was held on September 24 in Cleveland. The presentation titled, “Considerations in Preparing for Sentencing in Federal Cases,” focused on topics including:
- Facts & Statistics on Federal Sentencing
- Overview of Federal Sentencing Guidelines
- Sentencing Considerations When Negotiating the Plea Agreement
- Counseling the Client Through the Presentence Interview Process
- The Sentencing Memorandum
- Obtaining and Presenting Mitigating Evidence
- Considerations After Sentencing
As you know, franchise valuations are, in most instances, at historic highs. For the seller it is a matter of obtaining their price and getting out “clean” without any type of continuing liability. For the buyer, it is generally obtaining a good opportunity and trying to eliminate as much, if not all, exposure from the seller’s prior course in dealing in business. Any attorney well versed in handling asset purchase agreements knows that we have tried various strategies in order to avoid continuing liability or successor liability regarding unemployment compensation. The majority of strategies used to limit or eliminate workers’ compensation unemployment compensation liability were generally successful. However, it now appears that those days are gone.
2015 – You Auto Know! – Hidden Liability in Asset Purchase Agreements – August