Insights

A Primer on Bounced Check Penalties Available Under Ohio Civil Law

March 2, 2017      |      Andrew C. Voorhees, Esq.   

Many business owners have dealt with the frustration of being paid with a check that bounces due to insufficient funds in the customer's bank account. This is particularly heinous when the check was used to pay for goods or services already performed. If the business owner is lucky, the bounced check was accidental and is cleared up immediately. But what if the customer doesn't pay? What if they stop returning phone calls and emails?...

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Mindful Planning and Management Can Yield Municipality Internship Program Success

October 18, 2016      |      David Mullen, Esq.   

Student interns are becoming increasingly popular at all levels of government. Hiring an intern sounds like a win-win situation - the municipality gets an enthusiastic, educated and engaged worker for little-to-no expense, while a student gains the chance to explore a potential career field in a meaningful way. However, local government officials should proceed cautiously when deciding whether or not to hire an intern....

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How to Protect Attorney-Fee Invoice Information Under Ohio's Public Records Act

October 18, 2016      |      Thomas R. Kendall, Esq.   

Public offices, such as city government and police, often retain outside legal counsel for advice and representation. After a firm submits its invoice to the public office for payment, the invoice, in part, becomes a public record. As with all public records, the invoice is subject to release if someone requests to look at it under Ohio’s Public Records Act, as outlined in Ohio Revised Code 149.43....

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Security Deposits Protect Against Non-paying Customers

August 31, 2016      |      Sara M. Donnersbach, Esq.   

The Public Utilities Commission ("the Commission") is a state agency that has regulatory authority over certain public utilities. The Commission works to regulate the rates customers pay for electricity and ensure that companies provide quality, safe and reliable electric service. When someone requests new electric service, the utility provider will verify credit. The Commission and utility providers recognize that some customers, residential and commercial, will experience difficulty in paying their bills. Security deposits may protect against delinquent customers....

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Negligent Entrustment: A Vicarious Liability Option in Damage Claims

August 31, 2016      |      James T. Hart, Esq.   

One of the first things any plaintiff should explore in a negligence action for damages is all potential avenues of recovery against all possible liable parties. Utility service providers are no exception when considering a lawsuit to redress damages to their facilities. Analysis should include those tortfeasors who may be directly liable, as well as those more on the periphery but nonetheless culpable. One potentially overlooked avenue is pursuing an owner of an instrumentality under the theory of negligent entrustment....

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Do Healthcare Employees Violate HIPAA by Using Mobile Devices?

August 4, 2016      |      David Mullen, Esq.   

Mobile devices, such as cell phones and tablets, are a valuable tool for communicating and delivering information and services to consumers. The success of applications like Uber and Airbnb have made people re-think the way they use these devices, while the stable of health and fitness applications provided by companies like Fitbit provided people with fresh ways to measure their own health information....

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