Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Blog Post

Invitation to Banks & Family Office/Ultra-high Net Worth Investors Exploring Cannabis Lending to Join Our Informal Institutional Cannabis Lenders Community

December 2, 2022An update on the latest developments in the cannabis banking/lending space by subject matter expert, BMD Scottsdale/Phoenix Office Managing Partner Stephen LennBlog Post, Client Alert

Community Banks: Collaboration, not isolation, is the key to protecting/ enhancing the cannabis business you pioneered

August 26, 2022As we prepare for the plenary session of the informal institutional cannabis lenders community announced in my previous article, I am pleased to advise that participants now include 5 of the best-known dedicated loan funds; a select group of commercial banks ranging in size from single state community banks to mid-size regionals making cannabis loans into the mid-8 figures; and, a syndicator of credit union cannabis loans.Blog Post

Non-compete Agreements are Under Fire: What Employers Need to Know

August 4, 2022Non-compete agreements are an ongoing topic of dispute. Employers and their advocates point to the efficacy of non-competes in protecting proprietary information. Employees and their advocates argue about worker mobility and that employers unduly burden workers’ ability to seek better jobs. The Biden administration has put forth its position, and state legislatures have introduced bills addressing the enforceability of non-competes. Here is what you need to know:Blog Post

BMD’s Jason Butterworth Quietly Engineers Some of Akron’s Most Impactful Projects

May 18, 2022Jason Butterworth, a team member of BMD’s Business & Corporate practice, focuses his practice on finance, real estate, and tax credit law.Client Alert, Blog Post

Explosive Growth in Pot of Gold Opportunity for Bank (and Other) Cannabis Lenders Driving Erosion of the Barriers

May 13, 2022Our original article on bank lending to the cannabis industry anticipated that the convergence of interest between banks and the cannabis industry would draw more and larger banks to the industry. Banks were awash in liquidity with limited deployment options, while bankable cannabis businesses had rapidly growing needs for more and lower cost credit. Since then, the pot of gold opportunity for banks to lend into the cannabis industry has grown exponentially due to a combination of market constraints on equity causing a dramatic shift to debt and the ever-increasing capital needs of one of the country’s fastest growing industries. At the same time, hurdles to entry of new banks are being systematically cleared as the yellow brick road to the cannabis industry’s access to the financial markets is being paved, brick by brick, by the progressively increasing number and size of banks that are now entering the market.Blog Post

Celebration of Asian American and Pacific Islander Heritage Month

May 1, 2022In recognition of Asian American and Pacific Islander Heritage Month (AAPI Heritage Month), Brennan Manna and Diamond is proud to recognize the contributions and achievements of our AAPI members.Blog Post

Fluresh Cannabis’ Bank Loan: Moving Into the Mainstream

April 18, 2022The announcement by Fluresh, a vertically integrated Michigan based cannabis business, of the closing of loans from a federally insured commercial bank totaling almost $50 million represents an important landmark for both Fluresh and the cannabis industry writ large. For Fluresh, perhaps as important as the bottom-line benefits of lower cost financing, the fact that its operations and financials passed muster with a substantial commercial bank can be regarded as an important rite of passage. For the industry, it reflects its inexorable movement out of the shadows and into the mainstream. This substantiates the view that, whether or not any of pending the federal legislation is enacted, bank lending to the cannabis industry will continue to accelerate.Blog Post

Out of the Shadows | An Investor Summit Recap

February 9, 2022After a COVID hiatus of more than 2 years, I rejoined the institutional cannabis investment speaker circuit, offering the closing remarks at the Kahner Global Cannabis Private Investment Summit in Coral Gables, Florida. My remarks addressed how banking developments are increasingly impacting cannabis investment, operating and financial strategies and decisions, for both plant touching and the growing array of ancillary businesses serving the industry.Blog Post

BMD Announced in Best Law Firms 2022 List

November 4, 2021We are excited to announce that BMD is included in the 2022 Edition of U.S. News – Best Lawyers “Best Law Firms,” recognized for professional excellence with consistently impressive ratings from clients and peers. The full firm report is included.Blog Post

Key Takeaways from BMD’s Banking and Cannabis Webinar

October 14, 2021Estimates have shown that the cannabis industry is one of, if not the, fastest growing industries in the United States in recent years, with no sign of slowing. Growth requires capital. Banks need loans, and cannabis companies, which are rapidly becoming bankable need access to lower cost bank lending. While cannabis remains federally illegal, an impediment to access to financial institution credit, banks and credit unions are nevertheless entering the market in increasing numbers.Blog Post

American Heart Association's 2021 Go Red For Women

January 15, 2021The BMD Season of Giving in 2020 was a great way to help out organizations that help others. Continuing community involvement in 2021, we will be looking to the American Heart Association's Go Red for Women campaign. Healthcare and Hospital Law Member and Vice President Amanda Waesch is the Chair of Go Red for Women for the American Heart Association, which is kicking off the 28 days of Heart Health. Show your support on February 5th with “Wear Red and Give” Day. Consider hosting a Jeans Day every Friday in the month of February at your place of business in support of Go Red For Women, even encouraging remote employees to participate. Snap a pic of your team members in their red gear and post on social media (socially distanced in person or a virtual group photo will work, too!) – see the toolkit here for sharing on your favorite social platforms. Click here to learn more and donate to the GRFW Campaign.Blog Post

COVID-19 Legal Issues Update and Ask Us Anything Webinar Recording

January 5, 2021Join Brennan Manna Diamond Employment & Labor law Member Jeffrey Miller and Healthcare & Employment law Partner Bryan Meek on December 10 ET for 'COVID-19 Legal Issues Update and Ask Us Anything' webinar.Blog Post

Brennan, Manna & Diamond Law Firm Promotes Four Attorneys in Akron and Jacksonville Offices

December 2, 2020Brennan Manna Diamond (BMD), a business law firm with eight offices in Ohio, Florida and Arizona, has announced that Adrian Ribovich and Duriya (DD) Dhinojwala have been promoted from partner to Member. Darren Jones and Bryan Meek have also been promoted from associate attorney to Partner.Blog Post

BMD Recognized as Best Law Firm 2021

November 16, 2020Blog Post

BMD's Season of Giving

November 9, 2020This holiday season, BMD felt an overwhelming urge to give back to the communities in which we live and work. That is how BMD’s 2020 Season of Giving program was created. In honor of our 20th Anniversary, we designated $20,000 and asked each of our offices to propose charities and causes that were important to them—organizations that lend their care, support, services, resources and education to others on a daily basis.Blog Post

Ohio COVID Immunity Bill

October 24, 2020Scott P. Sandrock, a Member of BMD shares the logistics of Amended House Bill 606, which grants immunity to essential workers who transmit COVID-19.Blog Post

Webinar Recording: New Considerations for Business Succession Planning

October 20, 2020Ray Lampner and Pattie Wagner of Sikich joined BMD’s Co-Managing Partner Justin Alaburda in “New Considerations for Business Succession Planning,” where they discussed current business succession planning considerations from an accounting, legal, and human capital perspective.Blog Post

BMD Client Spotlight: IncludeHealth

August 27, 2020BMD is happy to share an inspiring business backgrounder on IncludeHealth, Inc. - a Digital musculoskeletal (MSK) care & training platform for providers - and introduce its CEO and Founder, Ryan Eder. Client: IncludeHealth CEO: Ryan Eder Business: Digital musculoskeletal (MSK) care & training platform for providers. Relationship Attorney: Kate Hickner Legal Services: BMD and Kate serve as healthcare counsel for IncludeHealth, providing regulatory guidance as well as HIPAA and other data privacy and security guidance, in an evolving health care delivery, reimbursement and regulatory landscape.Blog Post

BMD's Chief People Officer Mary Miles Wins Crain's Cleveland Excellence in HR Award

August 24, 2020BMD's Chief People Officer Mary Miles Wins Crain's Cleveland Excellence in HR AwardBlog Post

Webinar Recording: Telemedicine Legal and Practical Considerations for Physicians Practices

August 20, 2020This webinar discusses the latest developments in telemedicine for physician practices, including Medicare, Medicaid and commercial payor reimbursement requirements, state licensure considerations and HIPAA requirements. Speakers: -Kyle Sharp, MHA, FACHE, Interim Associate VP & Executive Director, OSU Physicians, Inc. -Ronnen Isakov, CPA, Managing Director, Healthcare Advisory Services, Medic Management Group LLC -Kate Hickner, Healthcare & Hospital Law Partner, BMD -Kevin Cripe, Healthcare & Hospital Law Attorney, BMD The speakers will share their personal experiences working with health care providers to implement and grow their telemedicine practices during recent months. The webinar will provide listeners with practical guidance and take-aways that will be useful in their own organizations.Blog Post

Crain's Cleveland Recognizes Duriya Dhinojwala as a 2020 Woman of Note

June 29, 2020Duriya (DD) Dhinojwala's heart, drive and dedication are just a few of the commendable qualities that make her a Woman of Note. Learn more about DD's background and path to success here.Blog Post

Webinar Recording -- Paycheck Protection Program Loans: Forgiveness Applications

May 28, 2020Paycheck Protection Program Loans: Forgiveness ApplicationsBlog Post

"New Normal" Budget Guidance

April 20, 2020During these challenging times most business are faced with issues regarding cash flow and ongoing expenses. In prior Client Updates we have outline some specific action plans dealing with PPP, Cares Act and other funding programs, your obligations and opportunities under the Salary Continuation programs and others. We continue to update those as new Guidance is released so please check back to our Resources page from time to time.Blog Post

Will Your Business be Keying More Credit Card Transactions as a Result of COVID-19?

April 9, 2020In this hectic time and uncertainty, owners are making hard decisions regarding their businesses. Some are shutting down, while others are adapting to the daily life changes of COVID-19. Many medical practices are seeing patients on an emergency basis and others are starting to implement a telehealth approach.Blog Post

CARES Act Paycheck Protection Program Calculation Sample

March 31, 2020Sample calculation for the Paycheck Protection Program.Blog Post

Employer Liability for Customer Conduct: Former PNC Bank employee receives $2.4M jury verdict

February 26, 2020Earlier this month, PNC Bank was on the wrong end of a sexual harassment jury verdict in a claim brought by a former employee. Why is this case interesting to you? Two reasons: The former employee was sexually harassed, but not by a PNC employee; and, the sexual harassment did not occur within a PNC workplace.Blog Post

Robert Hager Speaking at the Ohio Contractors Association's Annual Conference - Jan. 29 - Feb. 5, 2020

February 3, 2020Attorney Robert Hager will be speaking at the Ohio Contractors Association's Annual Conference in Maui, Hawaii sharing a simple practical approach to build your business' legacy and leading an interactive session about best practices for collaboration, risk management, and claims avoidance.Blog Post

Congratulations to Duriya Dhinojwala and Michael Steel

November 14, 2019Attorneys Duriya Dhinojwala and Michael Steel recognized at Pro Bono Attorney's of the Year this evening at the 67th Annual Community Legal Aid Anniversary Celebration.Blog Post

Akron is among cities where GenXers are best off

September 12, 2019Akron is among cities where GenXers are best offBlog Post

It's Always Risk Management Season in the Construction Industry

July 31, 2019For the second time in just nine months, the Ohio Supreme Court issued a major decision affecting project-related risk and exposure for members of Ohio’s construction industry.Blog Post

Blockchain in Healthcare

July 25, 2019Martin Pangrace and Jeana Singleton presented at the Inaugural Midwest Telehealth Resource Center Annual Conference held July 23-24, 2019 in South Bend, Indiana.Blog Post

Amanda L. Waesch recognized by NSCHBC at 2019 Annual Meeting

June 19, 2019At this year's National Society of Certified Healthcare Business Consultant's Annual Meeting held St. Louis, Missouri, Amanda L. Waesch was awarded the Lenny Schwartz Go-Getter Award.Blog Post

Amanda L. Waesch 2019 Recipient of the ATHENA Akron Award

June 19, 2019Amanda L. Waesch received the ATHENA Akron award recognizing women leaders new to their positBlog Post

Planning for Vacation, Planning for Health

May 22, 2019When thinking about the joint replacement space, it seems logical that such an event deserves at least the same amount of preparation (if not more) as a summer vacation, particularly since it will probably be more expensive and more life changing than the typical summer vacation.Blog Post

BMD Sponsors Ruhlin Clays Classic Benefiting the Cleveland Clinic Akron General Foundation

May 15, 2019BMD was a proud sponsor of this year's 4th Annual Rhulin Clays Classic.Blog Post

Employment Based First Preference (EB1)

October 30, 2018BMD has a team of experienced immigration attorneys with a collective knowledge of over fifty years to assist and guide U.S. banks, companies, individuals, universities, colleges, hospitals and institutions obtain the appropriate work visa or employment based permanent residency.Blog Post

NLRB Reverses its Reversal of 2015 Browning-Ferris Joint Employer Decision

February 28, 2018NLRB Reverses its Reversal of 2015 Browning-Ferris Joint Employer DecisionBlog Post

Scott Sandrock Awarded the Outstanding Eagle Scout Award

February 8, 2018BMD is proud to recognize its member Scott P. Sandrock being awarded the Outstanding Eagle Scout Award by the Boy Scouts of America. This award recognizes Eagle Scouts who have later achieved distinction in their professional careers and leadership through community service. A limited number of these awards are presented annually. The Award was presented at the Annual Eagle Scout Recognition Dinner in January.Blog Post

Highlights from the BMD Healthcare Leadership Summit Held in Orlando, FL, January 11, 2018 - January 13, 2018

January 31, 2018BMD's 2nd Annual Healthcare Leadership Innovation Summit theme focused on entrepreneurism in healthcare as we sought to reach various specialties and stakeholders within the healthcare industry. There were 3 days of insightful programming and exclusive networkingBlog Post

Ohio’s Statute of Repose: Is it Really a Bar to All Construction Claims?

January 22, 2018In response to the increase in common-law claims against architects and contractors brought by third parties who lacked “privity of contract”, many states enacted a construction statute of repose. A statute of repose is intended to forever bar claims for certain injuries or damages after a set period of time following substantial completion. Subject to certain exceptions, the primary distinction between a statute of repose and statute of limitations is that a statute of repose begins to run regardless of whether one is aware of a defect.Blog Post

Martin Pangrace and Catherine McCain Presenting at AIA Contract Document Workshop - September 26, 2017

August 25, 2017real estate, Blog Post

BMD's Christopher Walker Helps Connect Veterans with Housing Options

July 12, 2017Christopher Walker, a partner with BMD, is currently representing the Invest in America's Veterans Foundation, an organization that strives to provide a "head start" for veterans that involves the least amount of "red tape" possible.Blog Post

Robert A. Hager Awarded the John Carroll University 2017 Alumni Medal

May 23, 2017Robert A. Hager awarded the John Carroll University 2017 Alumni MedalBlog Post

Ohio Court of Claims Explains Surety’s Obligations After Contractor Default

January 1, 2017A surety thinking of funding its bankrupt principal for the purpose of completing a project should take notice of the recent decision in Jutte Elec., Ltd v. Ohio Facilitates Constr. Comm.Blog Post

Duty to Preserve ESI: The Stakes Just Got Higher

August 10, 2016A recent federal court decision highlights the potentially severe consequences for companies that do not take the proper steps to preserve electronically stored information (“ESI”) in anticipation of or in connection with litigation.Blog Post

Affordable Care Act Nondiscrimination Final Rule

May 16, 2016On May 13, 2016, the U.S. Department of Health and Human Services (“HHS”) issued a final rule implementing Section 1557 of the Affordable Care Act (“Section 1557”) protecting individuals from discrimination in health care on the basis of race, color, national origin, age, disability, and sex, including discrimination based on pregnancy, gender identity, and sex stereotyping (the “Rule”).Blog Post

It Is Time To Update Your Compliance Plans

May 10, 2016In 1997, the Office of the Inspector General (“OIG”) began to actively promote that health care providers adopt written compliance plans to assist providers to follow government rules and regulations regarding health care.Blog Post

HIPAA Compliance Update

January 20, 2016HIPAA compliance has been a part of the regulatory landscape of healthcare since the privacy rules became effective in 2003. Since that time, most providers have taken steps to develop their compliance plans, including distributing notices of privacy practices, obtaining authorizations for release of information as needed, and obtaining business associate agreements from third parties.Blog Post

Bar Bulletin: Young lawyers, it’s never too early to start building your future

October 6, 2015Regardless of whether you are just out of law school or an attorney who has been practicing for five years, you can start taking steps toward building your future as a well-rounded lawyer.Blog Post

The National Labor Relations Board “Joint Employer” Ruling

August 13, 2015On August 27, 2015, the National Labor Relations Board (NLRB) released a ruling in the Browning-Ferris Industries of California, Inc. case, in which the NLRB revised its standard for determining joint employer status under the National Labor Relations Act (NLRA).