Shoveling Smoke

In recent years, the number of OSHA Whistleblower complaints has been steadily on the rise, but why? In the newest episode of Shoveling Smoke, Frantz Ward Partner Christina Niro joins host Chris Koehler as they discuss current trends, how an OSHA whistleblower complaint gets filed and investigated, and how to prepare for and defend against them.

The labor and employment fields seem like they're in a constant state of change. If you're looking for an update, why not learn from the best? Labor & Employment Practice Group Partner Christina Niro joins host Chris Koehler as she summarizes some of the recent labor and employment updates that will be covered during the firm's upcoming annual L&E seminar, “Avoiding Panda-monium in the Workplace,” happening June 14, 2023.  

As businesses continue to face challenges in locating and retaining employees, it's clear that a key to the growth and success of Northeast Ohio's economy is the development of the workforce and talent to fill existing job opportunities and those on the horizon. Team NEO's Jacob Duritsky joins Frantz Ward's Chris Koehler to discuss Team NEO's 2022 Aligning Opportunities report, which provides data-driven insights into our region's talent demand/supply gap. We address the results of the research and how businesses and employees can capitalize on those insights to close the gap to make the region more competitive and ensure prosperity for all Northeast Ohioans.

Human Resources is an ever-changing field and the Pandemic only seemed to demonstrate this further. From updating guidelines, to updating technology, the evolution of HR in the last few years alone is enough to put even the most ardent of HR professionals through the wringer. Now more than ever, HR professionals are relying on their attorneys, both in-house and outside counsel, to partner with them to navigate difficult issues. To help better make sense of it all, Chief People and Human Resources Officer for Equity Trust, Amy Hall, joins the podcast to discuss the change and development of HR functions in 2022 and beyond.

Will my family be taken care of when I am no longer around? Who will take care of me if I become incapacitated? Although these are questions we often don't like to consider, the Covid-19 pandemic woke many people up to the need to have an estate plan in place. Frantz Ward attorney Rick Humiston joins the podcast to discuss the basic elements of Estate Planning as well as some additional planning suggestions for business owners.

As Pete Seeger said, "Education is when you read the fine print; experience is what you get when you don't." As world events continue to have lingering impacts on the transaction of business, some companies are learning the hard way that their contractual Terms and Conditions don't align with their current business risks and goals. Terms and Conditions are not "one size fits all," so it's important to evaluate them regularly and to tailor them to your company's current business needs. Frantz Ward attorney Alanna Guy joins the podcast to discuss the foundational elements of partnering with clients to evaluate and negotiate Terms and Conditions.

Ohio recently modernized its laws governing limited liability companies through the Revised Limited Liability Company Act. The revised regulations apply to all Ohio limited liability companies, regardless of when organized, making it crucial for Ohio LLCs to understand the changes and their potential impact. Frantz Ward attorney Michael Gibbons joins the podcast to highlight the key changes and the impact those can have on LLCs in Ohio.

Controversy regarding the claimed increased partisanship of the U.S. Supreme Court and efforts to change the Court's makeup by expanding its numbers continues to be in the headlines. So Shoveling Smoke thought it would be interesting to take a historical and constitutional look at how the Court's number was established, how it has been the subject of threatened changes in the past, and what the Committee established by President Biden had to say about the issue. Frantz Ward partner Greg Farkas joins the podcast to walk us through these issues and give us an idea of the practical pros and cons of what an expansion of the Court might mean.

Great things can happen when government and the private sector combine forces to address a problem that neither can effectively address on its own. Nick Fedor, Executive Director of the Shaker Heights Development Corporation, joins the podcast to discuss how his organization is doing just that by sponsoring a real estate development fund allowing private investment in order to redevelop an emerging commercial district of Shaker Heights. Frantz Ward partner Karl May also joins to explain how they were able to navigate the securities and regulatory issues posed by this innovative investment offering.

As a business grows, a very exciting step is adding the company's first employees, but it is also one that should be very intentional and well-considered. Frantz Ward attorney Megan Bennett joins the podcast to discuss the importance of developing job descriptions, considering the terms “employee” and “independent contractor,” and how to develop policies and procedures to ensure a legally compliant business.

The residential real estate market in Cleveland continues to boom, with home price values increasing by more than 10-20% in northeast Ohio over the past few years. So Shoveling Smoke thought this would be a good time to review the nuts and bolts of the residential real estate transaction and to identify the possible pitfalls that come with buying in a hot market. To cover those topics, we invited Frantz Ward partner Mark Rodio to give us some valuable insight on these issues from both a buyer and seller perspective. Mark will also give us some commentary on how the COVID pandemic is impacting how residential real estate deals are getting done.

A fledging business doesn't just need a solid business plan; it also needs a strong legal foundation. This foundation is not "one size fits all," so it's important to tailor your choices to your specific industry and your risk tolerance, long-term goals and budget. Frantz Ward attorney Alanna Guy joins the podcast to discuss the building blocks necessary to start a new business, from choosing and forming the appropriate legal entity, to preparing documents for managing the entity, to considering what other safeguards might be necessary to set your business up for long-term success.

In light of the wide disparity of sentences for felonies across Ohio, the Ohio Criminal Sentencing Commission has developed and is implementing a Criminal Sentencing Database designed to provide judges with data to rely upon when crafting sentences. Supreme Court of Ohio Justice Michael Donnelly, one of the leading advocates of the program, joins the podcast to discuss the initiative's importance to all Ohioans, not just for those involved in the criminal justice system, and explain how the program brings more fairness and transparency to sentencing. Frantz Ward's Managing Partner, Chris Keim, also Co-Chair of the Cleveland Metropolitan Bar Association's Racial Equity And the Law work group on Criminal Justice Reform, joins in the conversation to discuss the value of the program and report on his group's role in its adoption by the courts.

Cleveland's profile as a destination city continues to grow and no entity is more responsible for that success than The Greater Cleveland Sports Commission. Shoveling Smoke welcomes guests David Gilbert, GCSC's and Destination Cleveland's President and CEO, and Christopher Keim, Frantz Ward's Managing Partner and member of the GCSC Board of Trustees. Together, we discuss the challenges and rewards of attracting sports events - like the NFL draft, NBA All-Star Game and NCAA basketball tournaments - to Cleveland, the economic and intangible impacts such events have on our city and how partnerships with the business community and other city constituents make it happen.

Frantz Ward is proud to partner with Team NEO, the business and economic development organization focused on accelerating economic growth and job creation throughout the 18 counties of Northeast Ohio. Bill Koehler, the organization's CEO, joins the podcast to discuss the economic outlook for the region, how the public and private sectors are working together to both attract new businesses and help existing businesses, and the resources that are available to companies in their growth initiatives.

Former Frantz Ward partner Kelley Barnett has seen it all – from trying major felony cases as a Cuyahoga County Prosecutor to becoming a top commercial trial lawyer at Frantz Ward to serving in her current role as vice-president and corporate counsel for labor and employment at AmTrust Financial Services. In this episode, she sits down with her former colleagues to discuss the keys to success in her transitions to each role. She also provides insight as how to build strong relationships between attorneys and their business clients.

Continuing our discussions about what the legal landscape may look like under the Biden administration, Frantz Ward Labor and Employment Partner Christina Niro joins us to discuss what we can expect in terms of workplace safety initiatives and the work of the Occupational Safety and Health Administration. We will discuss anticipated increases in OSHA inspections, new rules and regulations that may arise and the potential expansion of workforce-related programs. We will also check in to see how the ongoing COVID pandemic may impact this arena.

Frantz WardDomestic Relations Partner Katie Arthurs joins us to explain the divorce and dissolution process, to discuss the best strategies for navigating the difficult and often painful challenges that arise in a divorce, and to provide important insights on how you can best protect your businesses from being impacted by such events.

Shoveling Smoke is pleased to welcome The Honorable Brendan J. Sheehan, Administrative Judge of the Cuyahoga County Court of Common Pleas and our first outside guest for the podcast. Host Partner Chris Koehler discusses Judge Sheehan's unique perspectives on several topics, including the judge's personal experiences, court operations and trials during COVID, the status of the new jail/justice center project, and other services provided by the court system.

A new presidential administration and a shift in control of the Senate mean changes in the legal landscape as well. In Part 3 of our series on the anticipated changes due to the new look in Washington, Frantz Ward Partner Matt Kadish provides a civics lesson and explains why it's particularly hard to read the tea leaves on tax issues this year. But he has some predictions on what changes we are likely to see, when they'll occur, and the variables that will affect the outcome.

In Part 2 of this three-part series discussing the anticipated changes in the laws and regulations we can expect during the Biden administration, Frantz Ward Partner Craig Haran provides insight on how things will progress on the health care front, discussing how the administration will handle implementation of policies and laws relating to the ACA, COVID relief, Medicare, Medicaid and other hot topic issues.

A new presidential administration and a shift in control of the Senate mean changes in the legal landscape as well. This three-part series will address the anticipated changes in the laws and regulations related to employment, health care and tax issues, and at the agencies responsible for enforcement of those laws. In Part 1, Frantz Ward Partner Brian Kelly guides us through the outlook on the labor and employment law front.

Frantz Ward partner Melissa Jones provides insight on the new rules and regulations of the 2021 version of the PPP and gives some ideas as to how your company's participation in the PPP might help your bottom line.

Now that the COVID-19 vaccine is poised for a more widespread roll-out, employers are finally able to develop plans to get their employees back to the workplace. But the vaccine will present employment law issues: Can you mandate that your employees get vaccinated? What do you do if they refuse? Frantz Ward attorney Megan Bennett answers those questions and more to help employers navigate the reopening of their businesses.

Understanding Premises Liability in the COVID world. Frantz Ward Partner Pat Haggerty provides insights on protecting your business from potential liability for claims from people supposedly contracting COVID while on your property. We will discuss the types of claims you may face and the preventive strategies that will minimize your risks.

Shoveling Smoke – A Frantz Ward Lawcast is a podcast series created by Frantz Ward LLP, a full-service law firm in Cleveland, Ohio.  Supreme Court Justice Oliver Wendell Holmes said that "lawyers spend a great deal of their time shoveling smoke." One interpretation of his remark is that lawyers take a vague concept or principle and give it shape, clearing away the smoke. Our podcast series will focus on current legal issues and news items that may affect your business, your community or you as an individual. Our attorneys – sometimes with a judge, client or other guest – will spend 15-20 minutes exploring an issue and, at the end, provide a few takeaways to assist you in making sense of the gray areas of law. Episode 1 will be released February 2nd. Please subscribe, rate, review, and spread the word about our new podcast!