Recent D&O Claims Developments

Recent D&O Claims Developments

The D&O claims environment is now in an unusually uncertain state, largely due to the potential for unprecedented and wide-spread changes directly and indirectly caused by the new Trump administration. Many of the predicted changes may appear to lessen D&O exposures, including more conservative judges and a more business-friendly regulatory environment. But other changes will […]

Unanimous Supreme Court Sides with IRS

Unanimous Supreme Court Sides with IRS

The Supreme Court resolved unanimously a common estate tax issue for many closely-held companies. The issue in Connelly v. United States was “whether the corporation’s obligation to redeem [a deceased shareholder’s shares] was a liability that decreased the value of those shares.” The court concluded it was not. Family-owned companies will often purchase life insurance […]

Insurance Issues Arising After Mass Shooting Occurrences

Insurance Issues Arising After Mass Shooting Occurrences

There is no question that mass shooting incidents in this country are unfortunately continuing at a staggering pace. As of April 29, the crowd-sourced “Mass Shooting Tracker” project, which considers a mass shooting to include a single incident in which four or more people are shot in any incident, lists 163 incidents that fit this […]

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Insights

Gift Card Update: “Granny Scam” Legislation

Certain states have recently enacted or proposed legislation requiring sellers of gift cards to warn customers and employees about gift card scams and what to do if they encounter such a scam. This month’s Client Alert summarizes new gift card... Read More

Postnuptial Agreements Now Permitted in Ohio

The Ohio legislature recently passed Senate Bill 210, permitting spouses to enter into a postnuptial agreement. Newly revised Section 3103.06 of the Ohio Revised Code permits spouses to enter into an agreement or transaction with one another that “alters their... Read More

March 31st is the Deadline to Challenge Your Property Tax Valuation

The March 31 deadline to file property tax challenges rapidly approaches. This is the first cycle after Ohio enacted fundamental property tax reform. House Bill 126 now restricts the school districts’ ability to challenge property tax values for most taxpayers.... Read More

Cutting through the Noise: What Your Business Needs to Know About the FTC’s Proposed Rule to Ban Non-Compete Agreements

Kicking the New Year off with an unpopular bang, the Federal Trade Commission (“FTC”) announced a Proposed Rule in January 2023 that would broadly ban non-compete agreements between employers and their workers. (The proposed rule is available at: https://www.ftc.gov/legal-library/browse/federal-register-notices/non-compete-clause-rulemaking (issued... Read More

Ringing in the New Year with the Highest-Ever Exemption Amounts for Gift and Estate Taxes

For 2023, the IRS announced increased exemption amounts for gift, estate, and generation-skipping transfer taxes. Because of inflation, these increases are the largest-ever, and offer tremendous wealth transfer planning opportunities. The gift tax annual exclusion increased this year by $1,000... Read More

Ohio Senate Bill 246: Pass-Through Entity Tax and the New Ohio SALT Cap Workaround

November 2022 Ohio Governor Mike DeWine recently signed Senate Bill 246, which will save many Ohio taxpayers thousands of dollars in federal income tax. Senate Bill 246 (the “Bill”) functions as a workaround to the $10,000 state and local tax... Read More

Ohio’s Commercial Activity Tax: Don’t Let the CAT Get Your Tongue

October 2022 Over a decade ago, Ohio fully phased in the Commercial Activity Tax (“CAT”) which replaced the business franchise tax and the personal property tax. The CAT functions as a business privilege tax measured by gross receipts on commercial... Read More

Anatomy of a Phyrric Victory: Did Defendant Goodyear Tire and Plaintiff CODA Development Both Lose a $65 Million Trade Secrets Case?

Last week, a jury hit Goodyear Tire & Rubber with a $65 million verdict in a trade secrets case in Akron presided over by U.S. District Court for the Northern District of Ohio Judge Sara Lioi. On its face, one... Read More

IP Symbols: What They Mean, Why They Matter and What They Protect

Intellectual property generally refers to the rights and interests of the owners and creators of original materials and inventions. Protection of IP has become vitally important in business. IP intensive industries account for over 40 percent of the United States... Read More

Professional Services: Where Do You Draw the Line

Elan Kandel and Jim Young recently co-authored an article examining issues relating to the Professional Services Exclusion found in many private company D&O insurance policies. Directors and officers (“D&O”) insurance policies typically exclude coverage for claims based upon or arising... Read More

Dan Bailey Addresses New Delaware Statute Permitting Captives in Lieu of Traditional D&O Insurance

Chair, Dan Bailey joins a panel of leading industry experts for a discussion of this important topic. Watch Now Read More

Litigation Risks and Insurance Issues for SPAC Sponsors

Over the past two years, special purpose acquisition companies (“SPACs”) have become a popular means of taking private companies public. SPACs accounted for 247 public listings in 2020 (52% of all initial public offerings (“IPOs”) for that year) and 613... Read More

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