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U.S. Supreme Court Reed Decision: Direct Impacts on Local Sign Regulation

Speaking at today’s Northeast Ohio Law Directors Association monthly meeting, Robert A. Hager, member of the firm Brennan, Manna & Diamond in Akron, will be participating on a panel of experts presenting and analyzing the recent U.S. Supreme Court decision in Reed v. Town of Gilbert, wherein the Court struck down as unconstitutional under the First Amendment the Town’s sign ordinance based on it not being content neutral and, therefore, not surviving strict scrutiny under the Court’s test for non-content neutral regulations. This decision will have major impacts upon local sign ordinances. As part of the panel discussion, Mr. Hager, who represents the City in Wagner v. Garfield Heights, a recent political sign case where the City prevailed in the U.S. Court of Appeals for the 6th Circuit and a case in which the U.S. Supreme Court remanded the case back to the 6th Circuit after the Reed decision for reconsideration by the 6th Circuit in light of the Reed, will be addressing the ruling and its affects going forward.

Today’s meeting is being held at the Cleveland Metropolitan Bar Association, One Cleveland Center, 1375 East 9th Street, Floor 2, Cleveland, Ohio.

For more information about the panel discussion, please contact Robert Hager at rahager@bmdllc.com.

CLIENT ALERT: Ohio Incentivizes Cybersecurity Measures

On November 2, 2018, Ohio’s Data Protection Act (“DPA”) went into effect. The DPA incentivizes Ohio businesses to proactively address cybersecurity and data protection by providing an affirmative defense/safe harbor for claims related to data breach. However, the safe harbor is only applicable if the organization can prove “reasonable compliance” to the DPA.

CLIENT ALERT: Update on Discrimination

The “#metoo” presence and the recent Kavanaugh confirmation hearings have brought sexual discrimination issues to the forefront of the American mind. Always an incendiary and confusing topic, it also includes various permutations of issues involving sex, sex stereotyping, sexual orientation, and transgender situations.

CLIENT ALERT: Ohio Supreme Court Rules that a Subcontractor's Construction Defects are Not a Covered "Occurrence" Under a CGL Policy

Although a growing number of states have held that CGL policies provide coverage for damages caused by the defective work of subcontractors, the Ohio Supreme Court has refused to join the national trend. In Ohio N. Univ. v. Charles Constr. Servs., Inc., 2018-Ohio-4057, the Ohio Supreme Court recently ruled that a subcontractor’s faulty workmanship is not a covered “occurrence” under a typical CGL policy.

CLIENT ALERT: Taxpayer Passport Application will be Denied Due to Unpaid Taxes

In late 2015, Congress passed The Fixing America’s Surface Transportation Act (FAST) into law. This law allows the IRS and State Department to refuse to issue a Passport if the taxpayer has a seriously delinquent tax debt. The law also permits the IRS and State Department to revoke a taxpayer’s Passport for these same delinquent tax debts. To be considered a seriously delinquent tax debt, the tax debt must total more than $51,000.

CLIENT ALERT: New Opportunity Zone Incentives Promise to Spur Economic Development

Created as part of the recently passed Tax Cuts and Jobs Act, “Opportunity Zones” are designed to encourage long-term investments in underserved communities. By offering tax benefits to private investors who choose to invest their capital at the nexus of need and opportunity, the program supports a broad array of investments and offers opportunity for creative problem-solving strategies to address community needs. The program offers investors tiered tax benefits depending on the term of the investment, including a temporary deferral and partial reduction of unrealized capital gains, as well as the potential to exclude all future appreciation on the investment. The program is designed to tap into the estimated $6T+ of unrealized capital gains held by U.S. individuals and companies by incentivizing investors to re-invest that capital in low-income communities to spur economic development and job creation.