This presentation covers changes made from 2015 through 2017 to the Ohio Rules of Civil Procedure, which closely follow the Federal Rules of Civil Procedure. Changes discussed include service of process, compulsory joinder, Objections during Depositions, Prohibiting Service of Discovery with a Complaint, Stay of Proceedings to enforce a Judgment, Sanctions, Civil Protection Orders, Consolidation/Separate Trials, and Taking Testimony Electronically, as examples of rules that were changed.
When property is taken or appropriated for public use, the government is required by law to pay the owner just compensation. Just compensation under the law is usually defined as the “fair market value” of the property taken. But what if it’s not fair? What if the government wants my property to give to a developer for a shopping mall? This CLE looks at the elements of eminent domain, public taking, and the valuation that is done for property subject to eminent domain proceedings.
Liability of trademark licensors for the torts of their licensees has been of topic of considerable discussion and case law for over 35 years. The topic deserves to be revisited today because the development of the so-called ‘‘sharing economy,’’ including ‘‘ridesharing’’ services such as Uber (and Lyft, Sidecar, etc.) and lodging booking services such as Airbnb, warrant consideration of whether and to what extent product liability concepts per se should be carried over into what can be dubbed ‘‘service liability.’’
Law schools teach you practice skills, but not always practical skills in the courtroom. This program is taught by Hamilton County, Ohio Judge Steven Martin, who discusses the 10 most important things that lawyers should know when going into court. This course covers trial preparation, civility, working with the court on motions, jury instructions, presenting your case, and perhaps most importantly, being yourself in the courtroom.
Medicaid is a federal/state program based on financial and medical need. The Medicaid program will pay for most medically-necessary services for individuals who qualify. Medicaid pays for 70% of all nursing home care and serves approximately 48,000 individuals in home and community based waiver programs.
The Ohio Department of Medicaid operates the Medicaid program in Ohio. The County Departments of Job and Family Services process Medicaid applications and make initial eligibility decisions. There are many different categories of individuals who can be eligible for Medicaid. This presentation only addresses the category of individuals who need Medicaid to pay for nursing facility level of care services.
This course covers the Administrative Hearings process before the Ohio Department of Motor Vehicles. Topics covered in this course include the different types of hearings that you may encounter, including security suspensions, noncompliance suspensions, suspensions for failure to have insurance (FRA), and others. The course covers what to do in the prehearing phase of the investigation, and what to expect at the hearing including the scope, burden of proof, deadlines and types of evidence. Typical issues that a practitioner can expect in this area of the law include non-compliance suspensions, security suspensions, Commercial Driver’s License suspension, National Driver Registry Suspensions, and Medical Suspensions.
Changes to the Rules for the Governance of the Bar are covered, and changes to the Rules of Professional Conduct.
During 2015, the Board Of Commissioners On Grievances & Discipline of the Supreme Court of Ohio also issued guidance opinions that will be covered. Each of these Opinions is covered in this CLE.
Significant Disciplinary cases for 2015 are covered, including the Rules of Professional Conduct that were violated, and how to avoid repeating the same mistakes made by attorneys in the fact patterns covered during the CLE.
Attorney Lewis Gatch discusses often overlooked assets which trigger probate. He also explains why in many cases a 706 tax return should be filed even though the decedent's estate is less than the exclusion. We learn how the ubiquitous AB Trusts are obsolete, with preference to a joint trust for spouses that contains a general testamentary power of appointment over the assets in the trust. Recent case law and IRA distributions are also covered.
ERISA is the Employee Retirement Income Security Act of 1974. ERISA is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans. This CLE covers recent litigation and developments in the area of ERISA, and how lawyers can represent clients whose ERISA benefits are not being handled correctly by employers.
Ohio was the first state in the nation to offer an ABLE Account program, known in Ohio as STABLE Accounts. The legal community, especially those in the Probate system, Elder law, and Special Needs Trusts, has shown tremendous interest in these accounts because people with disabilities have gained a new and easy way to save money that will not affect their public means-tested benefits such as Medicaid, SSI, and SSDI.
Changes to the Rules for the Governance of the Bar are covered, and changes to the Rules of Professional Conduct.
During 2016, the Board Of Commissioners On Grievances & Discipline of the Supreme Court of Ohio also issued guidance opinions that will be covered. Each of these Opinions is covered in this CLE.
Guidance Opinions from the Ohio Attorney General are also covered, the new guidance opinion on the retention of files, and the guidance opinions from the American Bar Association are also covered.
Significant Disciplinary cases for 2016 are covered, including the Rules of Professional Conduct that were violated, and how to avoid repeating the same mistakes made by attorneys in the fact patterns covered during the CLE.
This CLE will cover the following areas of the law related to Title Insurance and Real Estate Transactions
This CLE is presented by the Hon. Lee Hildebrandt, Jr., Judge on the Ohio First District Court of Appeals, covering Hamilton County and the entire Cincinnati area. The CLE covers significant case in civil litigation, criminal law, criminal procedure, juvenile court, domestic relations court, and original actions brought in the Court of Appeals.
Specific cases are discussed from the viewpoint of the Court and the impact that those decisions will have on the law of Ohio.
This course covers the Administrative Hearings process before the Ohio Department of Motor Vehicles. Topics covered in this course include the different types of hearings that you may encounter, including security suspensions, noncompliance suspensions, suspensions for failure to have insurance (FRA), and others. The course covers what to do in the prehearing phase of the investigation, and what to expect at the hearing including the scope, burden of proof, deadlines and types of evidence. Typical issues that a practitioner can expect in this area of the law include non-compliance suspensions, security suspensions, Commercial Driver’s License suspension, National Driver Registry Suspensions, and Medical Suspensions.
Attorney Lewis Gatch discusses often overlooked assets which trigger probate. He also explains why in many cases a 706 tax return should be filed even though the decedent's estate is less than the exclusion. We learn how the ubiquitous AB Trusts are obsolete, with preference to a joint trust for spouses that contains a general testamentary power of appointment over the assets in the trust. Recent case law and IRA distributions are also covered.
Attorney Lewis Gatch discusses often overlooked assets which trigger probate. He also explains why in many cases a 706 tax return should be filed even though the decedent's estate is less than the exclusion. We learn how the ubiquitous AB Trusts are obsolete, with preference to a joint trust for spouses that contains a general testamentary power of appointment over the assets in the trust. Recent case law and IRA distributions are also covered.
Vocational experts offer testimony about the amount of money a divorcing spouse or injured person can earn given their age, education, training and market conditions; whether the divorcing spouse or injured party can ever be realistically employed, whether the job search is substantial and defensible, how long it will take to get a job, and how long the formerly unemployed/disabled can be expected to be in the workforce are all issues you need to be prepared to question and to answer.
Knowing what to ask your expert and how to examine opposing counsel's vocational expert can mean the difference between a mediocre and a great cross examination. This presentation will provide you with the information you need to know about achieving your client's best outcome.
Pay attention to the Ohio Rules of Professional Conduct related to internet marketing Before you redesign your law firm's website or start a new internet marketing campaign.
The first step is reading all of the applicable bar rules for attorney advertising. Additional information can be found in the comments to each rule and the advisory ethics opinions interpreting the rules.
Although the rules in the State of Ohio are restrictive, an attorney can stay in full compliance while still having an extremely effective internet marketing campaign. Taking an ethical approach to marketing means following the letter and spirit of each rule.
This CLE will cover issues covered by Rule 26, including
RULE 26. General Provisions Governing Discovery
This CLE will focus on topics related to legal research, including:
Changes to the Rules for the Governance of the Bar are covered, and changes to the Rules of Professional Conduct, including four Opinions from American Bar Association Opinions as it relates to lawyers, government lawyers, and Judges.
During 2017, the Board Of Commissioners On Grievances & Discipline of the Supreme Court of Ohio also issued four guidance opinions that will be covered. Each of these Opinions is covered in this CLE.
Significant Disciplinary cases for 2017 are covered, including the Rules of Professional Conduct that were violated, and how to avoid repeating the same mistakes made by attorneys in the fact patterns covered during the CLE.
This presentation occurs amidst a growing national controversy stemming from the Federal Department of Education, Office of Civil Rights’ (“OCR”) threats to withhold federal education funds to compel colleges and universities to address “sexual violence” on their campuses. At the urging of OCR and other high-ranking officials in the Obama Administration colleges and universities are relying on Title IX to crackdown on alleged perpetrators. The result is that schools treat students accused of sexual misconduct with a presumption of guilt. This CLE explores ways to fight that presumption, and win.
Anthony Holman will discuss the past and present status of liability under the Lanham Act, 15 U.S.C. § 1051, et seq. The format examines federal cases dealing with both tangible and intangible uses of trademarks from local and other jurisdictions, and further discusses possible ways in which such liability arises.
Areas covered in this introductory level Immigration presentation are:
Lawyers cringe when they hear the words legal malpractice, which is why every lawyer should work to prevent it from happening. This CLE looks at the practical and legal issues of a legal malpractice claim. Legal malpractice, like most negligence claims, involves duty, breach of duty, causation, and damages. This seminar covers the issues, and also discusses the practical side of bringing and defending against a legal malpractice case.
This CLE covers the following areas of the law related to Severance Agreements and Non-compete Agreements
This course covers the new Real Estate Closing Forms and Procedures that came into effect as a result of the Dodd Frank Act and the Consumer Financial Protection Bureau established by Congress. The course covers the following: