From the moment it was announced in July 2014 that Cleveland, Ohio would be the host city for the 2016 Republican National Convention, speculation began as to what it meant for both the city and the state of Ohio. This is an exciting time for local residents regardless of their political affiliation. But despite all the predictions, the impact locally is still greatly unknown. We may not have a concrete answer until the convention begins. But, we can look now at what has transpired up until this point, and look at the history of the convention to gain a better idea of what to expect this summer....Read More
The United States Court of Appeals for the Sixth Circuit rendered a strong decision recently, noting that no citizen should be targeted by an executive agency based on his or her political views. In 2010, the Treasury Department’s Inspector General for Tax Administration (“Inspector General”) published a report finding that the Internal Revenue Service (“IRS”) had developed irrelevant criteria and had been applying heightened scrutiny to certain organizations applying for tax-exempt status under IRC § 501(c). In the report, it was stated that the IRS had developed “Be on the Lookout” (“BOLO”) listings for organizations with specific names (e.g., “Tea Party,” “Patriots,” “9/12”) or policy positions. The report found that applicants who met the criteria of the BOLO listings would be sent to a “team of specialists” and applicants would then experience “significant delays and requests for unnecessary information.”...Read More
Whether it is time to retire, sell a business or simply close its doors, there are steps that must be taken to comply with Ohio law. Ohio Revised Code § 1701.86 provides the framework for voluntarily dissolving a corporation. It lists the notices and certificates required by the State....Read More
A business that dissolves without paying its bills may think it has escaped its obligation to repay creditors. However, under Ohio’s successor liability doctrine, a creditor may seek recovery from a new business that purchased assets from an old business if the new business did not follow proper formalities. It is important for creditors to know what a business would be liable for under the successor liability doctrine....Read More
The U.S. presidential primary season is in full swing, and, as seen throughout the debates, the Patient Protection and Affordable Care Act of 2010 (ACA) is among the top domestic issues addressed by the presidential candidates as they seek to become the next Commander in Chief. Given the candidates' statements on the ACA, it seems clear that, regardless of which political party next occupies the White House, the ACA is in for some degree of change, whether small or sweeping. What is less clear is each candidate's vision of what exactly would replace the ACA. This article will examine how the candidates' recently stated views may impact the ACA during the next presidential term from the stance of an objective third-party....Read More
An increasing presence in contractual transactions is the automatic renewal clause known as the "Evergreen Clause." An Evergreen Clause allows for an agreement to continue for a defined period if the existing agreement is not renegotiated or properly cancelled within a specified time. Evergreen Clauses can be found in both consumer and commercial contracts, including Residential Lease Agreements, Advertising Contracts, Gym Memberships, and many other service-based agreements. The question is whether Evergreen Clauses are enforceable, as their effect is to automatically bind a contracting party to an agreement beyond the original contract term....Read More
- Managing Shareholder Scott S. Weltman Testifies in front of the House Committee on Financial Services
- Weltman, Weinberg & Reis Co., LPA Attorney Charles Andrew Walgreen Named to 2019 List of Illinois Rising Stars
- Weltman, Weinberg & Reis Co., LPA Announces the Election of Two New Shareholders
- Six Weltman, Weinberg & Reis Co., LPA Attorneys Named to 2019 Lists of Ohio Super Lawyers & Rising Stars
- Weltman, Weinberg & Reis Co., LPA Shareholder Eileen M. Bitterman Appointed to Cleveland-Marshall College of Law Board of Visitors
- No Joke: The Ohio Statutory Exemption is Increasing on April 1st – Is Your Organization Ready?
- An Analysis of Ohio's New Requirements for Private Selling Officers, Junior Lienholders, and Mortgage Servicers
- Coming Soon in Ohio: Online Notarizations
- The Dodd-Frank Amendments and the Resurrection of the Protecting Tenants at Foreclosure Act
- The CFPB is About to Enact New Requirements for Mortgage Servicers – Is Your Organization Prepared?