Major Commercial Real Estate Appellate Victory for LNL

On November 25, 2014, Luper Neidenthal & Logan attorneys won an important decision in the Ohio 10th District Court of Appeals in a hotly-contested, high dollar value (millions) commercial lease case wherein each of LNL’s client’s assignments of error were sustained. The important holdings of the decision are: (1) that a dissolving corporation’s Wind Up […]

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U.S. Supreme Court Finds that a Search Warrant is Generally Necessary to Search a Suspect’s Cell Phone

In a June, 2014 opinion, the U.S .Supreme Court decided 2 cases questioning whether the police may conduct a warrantless search of digital information on a cell phone seized in connection with an arrest.  The Court found that digital data stored on cell phones presents neither a risk of imminent physical danger to the police, […]

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Mortgage Lenders in Bankruptcy: Know Your Rights and Anticipate Upcoming Changes

No creditor wants to receive a notice that its customer, client, or vendor has filed a bankruptcy case.  At best, the bankruptcy filing means delay and increased expense.  At worst, it means the reduction or extinguishment of a debt.  Secured creditors, however, have many rights and advantages over other creditors.  Secured creditors must, however, be […]

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Good News For Those Applying For 501(C)(3) Exemption

One of the more daunting aspects of forming a charitable organization has been completing the IRS application for exempt status – Form 1023.  The standard application comprises 26 pages written in technical language which is difficult for a layperson to immediately understand. On July 1, 2014 the IRS issued a new, shorter application form, Form […]

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How Accommodating Must an Employer Be Under the ADA?

The U.S. 7th Circuit Court of Appeals recently held that a reasonable accommodation regulated under the Americans with Disabilities Act (ADA) is one that permits the employee to do his/her job and it need NOT be the accommodation the employee requests. This holding chips away at the widely held belief that disabled employees are super-protected […]

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Family and Medical Leave Act Tips:

Run FMLA time concurrently with sick leave. Although an employee may not want to use FMLA time if he/she has sick time or other paid leave time available, it is up to the employer to designate leave as FMLA-qualifying. This will minimize the amount of time off in any year. Make sure that company policy […]

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The Intersection of Employee Discipline and Harassment/Discrimination Complaints

Can an employee with performance issues “insulate” him/herself from termination by alleging harassment or discrimination in the workplace? Maybe!  The U.S. 6th Circuit Court of Appeals recently allowed a retaliation claim to proceed to trial by an employee who was asked to resign or be terminated one day after she made a sexual harassment report […]

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Creditors Must Be Prudent Handling Discharged Mortgage Debt Obligations

An emerging trend in Bankruptcy law is that debtors’ attorneys are filing class actions against mortgage servicers for violating the discharge injunction codified at § 524 of the Bankruptcy Code. In recent filings, debtors’ attorneys have alleged that: The failure to update a credit report to show that a debt has been discharged is a […]

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