“In the LUPE” Newsletter Legal Articles

Thinking Globally, Acting Locally

Deborah P. Ecker

This past January, President Obama signed the Lilly Ledbetter Fair Pay Restoration Act—the first bill signed into law in the new administration. The Fair Pay Act overturned the 2007 United States Supreme Court decision Ledbetter v. Goodyear Tire & Rubber Co., which rejected the “paycheck rule” allowing the statute of limitations to run anew in wage discrimination claims every time an employee received a new paycheck . The Fair Pay Act reinstated the “paycheck rule”—effectively eliminating any statute of limitations for such wage discrimination claims. There is an expectation of increased litigation due to this Act. In preparation for such claims, there are number of precautions your business can take in order to prepare to defend against such claims. For help in developing those policies, contact Deborah P. Ecker at 614-229-4402.

Roger T. Whitaker

We have noticed a recent trend…new clients have been coming to us with contract disputes, supply agreement disputes, employment agreement disputes—the common theme of these disputes—self-created contracts, supply agreements, and other contract-like documents. Invariably when asked why the client did not seek legal advice in drafting important documents related to their business, the response is that there was a trustworthy business/person on the other side, and/or the business wanted to save legal fees incurred in having an attorney review the contract/document. Although our trial attorneys love a good fight over what a self-drafted document’s intent was, we cannot help but advise our clients that a few dollars spent in drafting a well-worded contract/agreement would have saved the client thousands of dollars when the document became the source of a dispute and/or a breach occurred. Considering the state of the economy, and that parties are now more likely to breach in some form, it may be worthwhile to run self-created documents/contracts past one of our corporate attorneys. Contact Roger T. Whitaker at 614.229.4422 for assistance.

Heather Logan Melick

Think you can hunt at will on your own private property? Think again! On March 5, 2009, the Ohio Supreme Court ruled that a state wildlife officer has authority to enter private land when acting in the “normal, peaceful and lawful enforcement of game and fish laws or rules,” and regardless of whether the officer has “good cause” to believe that a law has been violated by a property owner at the time of entry. The concurring opinion, written by Justice O’Donnell, urged the General Assembly to clarify its intent with regard to the statutes addressed in this case. Stay tuned. Should you have any questions about this opinion, contact Wally Neidenthal at 614.229.4412 or Heather Logan Melick at 614.229.4444.

President Obama’s administration is moving fast and furious with new legislation, much of which affects our clients and their interests. Please call us as questions arise in your business. A sampling of the proposals and legislation we are following include:

• Providing the Bankruptcy Courts with the power to modify mortgages
• Tightening of federal contracting rules
• Employee Free Choice Act

LNL was proud to again sponsor the Cystic Fibrosis Foundation’s “Climb for a Cure” at the Rhodes Office Tower. The event this year, which featured a competition between local and federal police and fire departments, raised a record $75,000.00—double the amount raised in past years! LNL fielded three bowling teams for Nationwide Children’s Hospital Center for Child & Family Advocacy’s “Rock-N-Bowl” event. LNL’s Melissa Izenson is an organizing member for this event, and we expect to field many more teams in the coming years.