Supreme Court Decision in Connelly v. US: Implications for Family-Owned Businesses
KJK
by Demetrius J. Robinson
5d ago
In a landmark decision, the U.S. Supreme Court’s decision in Connelly v. United States will require closely-held business owners to reconsider their current buy-sell arrangement in order to avoid additional federal estate tax. Now under the Court’s holding in Connelly, for federal estate tax purposes, the value of life insurance proceeds, held by the company, must now be included in the fair market value of the business. This ruling is likely going to result in additional estate tax obligations for family-owned businesses, small business owners, and closely-held business owners and a need to r ..read more
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Someone is Watching You: The Complexities of Personal Jurisdiction in the Digital Age
KJK
by Robert Zulandt
5d ago
The internet, characterized by its borderless nature, has introduced significant challenges to the traditional concepts of personal jurisdiction in federal courts. This issue was recently highlighted in the First Circuit Federal Appeals Court, where, after a Motion to Dismiss was upheld, concerns arose about how personal jurisdiction rules apply to cases involving online activities. Comments by First Circuit Judge Ojetta Rogeriee Thompson underscore the pressing need for either the U.S. Supreme Court or Congress to provide clearer guidelines. Rosenthal vs. Bloomingdales.com The case, Rosenthal ..read more
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KJK Welcomes 2024 Summer Associates
KJK
by KJK
5d ago
KJK is pleased to welcome Josie Forney and Mackenzie Matulich to the firm as part of our 2024 summer associate program. Both highly accomplished law students are entering into their third year of law school with The University of Akron School of Law. Each year, KJK selects summer associates who reflect the firm’s values and objectives while also scoring high marks academically. Our summer associate program is an essential component of KJK’s hiring process, as the projects assigned throughout the program will reflect the type of work that a new attorney would perform as a first or second-year a ..read more
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Recent Developments & Challenges to the Corporate Transparency Act
KJK
by Samantha M. Cira
1w ago
As we continue to monitor the future of the Federal Corporate Transparency Act (the CTA), which requires certain businesses to file a report disclosing their beneficial owners to the U.S. government, new developments in both federal courts and state legislatures continue to demonstrate how critical it is for business owners to familiarize themselves with the current CTA landscape and to understand how to meet any CTA compliance obligations and by what deadline. A New Challenger in Federal Court: Texas On May 28, 2024, a fourth lawsuit was filed in the United States District Court for the Easte ..read more
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School’s Out: An Overview of Common Summer Break Parenting Time Schedules
KJK
by Janet Stewart Scalley
1w ago
With the end of the school year on the horizon – if not, for some, already here – Ohio families with school-aged children are starting to shift into summer mode. But, for a parent who is separated from his or her spouse or is otherwise navigating a co-parenting relationship, what might this shift entail? In particular, how might the children’s Summer Break be allocated between the parents? As is the case with the school-year parenting time schedule, there are many, many different ways for parents to share the available possession time with their children during the Summer Break. Similar to the ..read more
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Real vs. Artificial: The Top Three Reasons Why AI Can’t Replace a Real-Life Attorney
KJK
by Emily L. Korthaus
1w ago
Almost as soon as Open AI’s ChatGPT platform was released to the public on November 30, 2022, speculation about its impact service industries that rely upon written and analytical work generated by skilled professionals went from zero to “11.”   Our collective understanding of how best to use AI (and see through the hype) has increased dramatically during this time, but most businesspeople still have significant questions around the value (and the best applications) of this transformative technology.  A good indicator of this level of inquiry is the fact that “hallucinate” was s ..read more
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KJK Celebrates Stephen Richman as CMBA 2024 Justice for All Volunteer of the Year
KJK
by KJK
1w ago
KJK would like to congratulate Senior Counsel Stephen Richman on his well-deserved honor of being named the CMBA 2024 Justice for All Volunteer of the Year. Each year, the JFA recognizes volunteers who have provided exemplary service to the Cleveland community through pro bono and public service programs. This award highlights those who generously give their time and expertise in meaningful and significant ways throughout the year. We are proud to have Stephen on our team. He exemplifies what it means to be an outstanding lawyer, a supportive colleague, a dedicated community leader, and above ..read more
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Sixth Circuit Rules That Accommodation Requests Under the ADA Can Be Inferred Without Explicit Employee Request
KJK
by Maribeth Meluch
2w ago
Following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, which lowered the threshold for employees to demonstrate discrimination under Title VII, the Sixth Circuit has expanded the scope of what employers should recognize as requests for accommodations under the Americans With Disabilities Act (ADA). In Yanick v The Kroger Company of Michigan, the Sixth Circuit held employers are required to draw all reasonable inferences from both the content of an employee’s statements and the context in which they are made when assessing whether a request for a reasonable accommodation h ..read more
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The Perils of Not Awarding Profits in Lanham Act Cases Against Counterfeiters
KJK
by KJK
2w ago
The wild west of the e-commerce landscape keeps many trademark owners up at night trying to protect their brand. In the ever-expanding online marketplace, counterfeiters pop-up daily trying to make a quick buck passing off inferior products as strong household brand names, only to vanish as soon as legal action is threatened. Consequently, trademark owners need to be ever vigilant in stopping such counterfeiters. Counterfeiters can erode brand recognition, lead to poor product reviews, and otherwise damage a company’s sales and reputation. Ostensibly, the Lanham Act, 15 USC §1117(a) provides p ..read more
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Battling Brands: The Fight For Trademark Territory
KJK
by Robert Zulandt
1M ago
In a David vs. Goliath-esque legal saga, Rogue Fitness (ROGUE), a well-known workout products company, finds itself embroiled in a trademark dispute against Rogue Ridge LLC (Rogue Ridge), a mountain bike seller. At the heart of the matter lies the use of the term “Rogue” in branding, a word laden with commercial significance for both companies. ROGUE has taken the battle to the courtroom, urging an Ohio federal judge to intervene. This federal appeal follows the US Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board’s (TTAB) refusal to cancel Rogue Ridge’s registration for the ..read more
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