Legal Insights | Fall 2012 | Nicola, Gudbranson & Cooper LLC
Legal Insights is a newsletter of timely and practical legal information that we hope you can use in your professional and personal pursuits. Please contact your attorney at Nicola, Gudbranson & Cooper if you have any questions or comments or if you would like to suggest topics of interest for future issues.

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Estate and gift taxes
Estate and gift taxes going forward:
What we know and what we don't know


2013 will bring many changes to the Ohio estate tax and to federal estate and gift taxes. We know one change that will occur. We also know the changes that are scheduled to occur. However, we don't know whether the scheduled changes will actually occur or if Congress will enact different changes—and, if so, what the different changes will be and when they will take effect.

First, what we know is that the Ohio estate tax will end for those dying after Dec. 31, 2012. There is no real planning opportunity here, other than to live until 2013, if you can.

The future of the federal estate and gift taxes is much murkier, pending possible, unknown action by Congress. As the laws stand now, you could be facing a triple whammy come Jan. 1.
Read the full article.

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Does your arbitration clause protect you?
Arbitration is often assumed to be a better alternative than litigation to resolve contractual disputes. In some cases this is true, but not always. Arbitration is often more expensive than litigation, and the outcome is equally unpredictable. In addition, standard arbitration provisions used in contracts do not provide the parties with the power to control the process. To have a fair shot at a satisfactory arbitration experience, you should understand standard provisions—and some smart ways to modify them.
Read the full article.

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Limiting exposure to retaliatory discharge claims
Why you can't rely on regular mail to deliver the pink slip to workers' comp claimants
The Ohio Supreme Court recently decided a case that should make employers re-evaluate how they give notice of termination to any employee who has previously filed for workers' compensation. Following the court's decision in Lawrence v. City of Youngstown, being able to establish actual notice by the previously injured employee of the date on which his/her employment ended is critical if the employer wants to limit the employee's ability to claim that the termination resulted from filing the workers' compensation claim—an unlawful cause for termination.
Read the full article.
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Spotlight
article divider Lawyers at Nicola, Gudbranson & Cooper offer substantial experience in complex corporate and commercial/ business litigation before state and federal courts and quasi-judicial boards throughout Ohio.
Read about our commercial/business litigation practice.
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Firm News
article divider Richard G. Witkowski was a panelist for a presentation on "Defending Large Damage/Weak Liability Claims" Oct. 11 at CNA's ALADN conference in Chicago for professional liability defense counsel.
Firm News
Bruce L. Waterhouse Jr. spoke Oct. 1 on "Ethics and Disciplinary Actions in Disability Cases" and on "Legal Writing and District Court Briefing" at a Social Security disability seminar in Charleston, S.C.
Firm News
Jim Juliano explained what businesses can learn from Minor League Baseball's success in a Crain's Cleveland Business guest blog post, "Minor League Baseball—behind the numbers."
Firm News
Witkowski and Waterhouse spoke on "Negotiating Arbitration Provisions: The Good, the Bad, and the Ugly" Sept. 13 at the Risk and Insurance Management Society Inc.'s 2012 Great Lakes Regional Conference in Cleveland.
Firm News
Juliano and Matthew T. Fitzsimmons successfully represented the Council to Protect Ohio's Communities, a municipal and township council of governments, in a challenge to its legal authority to advocate for statewide legislation. In an Aug. 30 decision, the 8th District Court of Appeals (Ohio) affirmed a Cuyahoga County Common Pleas Court ruling in favor of the council's position.
Firm News
Michael E. Cicero was a source on Ohio's new laws against texting while driving for both WKYC-TV Channel 3 ("Ohio texting while driving ban in effect Friday") and The News-Herald ("Texting-while-driving ban goes into effect Friday across Ohio"). Cicero is a prosecutor and an assistant prosecutor as well as a lawyer with Nicola, Gudbranson & Cooper. For more information on the new laws, read Cicero's article, "Ohio cracks down on distracted driving," in the Summer 2012 Legal Insights.
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How does a business get its customers to pay their bills? Snow Magazine turned to Waterhouse for useful tips in an August feature titled "Getting what's owed." For more advice on strengthening collection efforts, read Waterhouse's articles in the Winter 2011-2012, Spring 2012 and Summer 2012 issues of Legal Insights.
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Copyright 2012 by Nicola, Gudbranson & Cooper LLC

This newsletter contains general information that should not be considered legal advice or legal opinion concerning individual situations.
Legal counsel should be consulted for specific advice.