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Blomstrom, Coombs

Super Lawyers Lists
Blomstrom, Coombs 

HHM attorneys JAMES L. BLOMSTROM and FREDERICK S. COOMBS III have been named to the Ohio Super Lawyers list by Super Lawyers magazine. Blomstrom was recognized in business litigation, marking his eighth straight year on the list. Coombs was recognized in bankruptcy/ creditors rights, and this is his second year on the list. The list is published annually, based on balloting and peer review by attorneys throughout Ohio. Only about 5 percent of the state's attorneys appear on the list.
Court Backs Award
For Injured Client 

Kevin MurphyA state panel's ruling for an injured client of HHM attorney KEVIN P. MURPHY has been upheld on appeal. The Tenth Circuit Court of Appeals in Columbus recently upheld an Industrial Commission of Ohio award of additional payments to the client, an electrician hurt severely at a Warren manufacturing plant in 2006. The commission agreed with HHM's claim that the company committed a violation of a specific safety requirement ("VSSR"). As a result, the employee has been receiving a 25 percent penalty award in addition to his ongoing compensation payments from the Ohio Bureau of Workers Compensation.
Boetcher Named
To State Council 

Martin BoetcherHHM attorney MARTIN J. BOETCHER has been appointed to the Ohio State Bar Association's Labor and Employment Council. The council oversees the association's reporting on legislation and court cases related to labor and employment law.
Schor Elected to
Federal Bar Board 

Neil SchorHHM attorney NEIL D. SCHOR has been named to the board of directors of the Federal Bar Association's Northern District of Ohio Chapter. The FBA advances justice and promotes the development of lawyers involved in federal law.  

MARCH 2011 EDITION

STANDARD OIL & GAS LEASES SHOULD
LEAVE LANDOWNERS D-I-S-T-U-R-B-E-D  
Alan Wenger
By Alan D. Wenger
Anyone who has been presented a standard-form oil and gas lease, and reads it, should recognize how one-sidedand biased the standard leases are in favor of the lessee drilling company.An apt acronym reflecting many of the ways the standard leases are bad, and also how a lessor likely feels when presented with the form lease, is D-I-S-T-U-R-B-E-D. Read more.

 

 Additional commentary on oil & gas leasing:

  • Be careful if you're asked to "confirm" a lease.  Read more.
  • Is it "unreasonable" to reject lease revisions?  Read more.

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    THOUGH ESTATES ARE NOW PORTABLE,
    AN AB TRUST CAN STILL ADD VALUE 
    John Pogue
    By John L. Pogue

    Although the federal Tax Relief Act of 2010 has added portability to the estate tax exemption, it is still wise to use an AB trust formula to minimize estate tax liability. Portability means that the amount of the estate tax exemption not used at the death of the first spouse can be inherited or transferred to the surviving spouse, thereby increasing the surviving spouse's estate and gift tax exemption.  This feature applies for deaths after 2010. If a surviving spouse can gain the benefit of the combined estate tax exemptions through portability, why would an estate plan need to use a trust formula to accomplish the same result? Read more.


    WHAT NOT DO DO AS LAWSUIT NEARS
    William Hawley
    By William L. Hawley
    Virtually all businesses and many individuals encounter situations in which a lawsuit is threatened. Contract disputes, employment relations, property disputes, auto accidents and even dog bites can give rise to the filing of lawsuits.  Given this reality, it is important to know what not to do if litigation is expected. In 1993, the Ohio Supreme Court created a new type of claim in Ohio, spoliation of evidence.  Read more. 

    SHOULD I QUIT PAYING MY MORTGAGE?
    Christopher Baronzzi
    By Christopher J. Baronzzi
    The recent housing crisis has generated a lot of discussion about people who "walk away" from their homes and mortgages. Earlier this year I read a news article in which the author argued that it did not make economic sense to continue to pay a mortgage on a house that was "under water" (where the debt exceeds the value of the house). Advising Ohio residents to walk away from their home and associated debt is irresponsible and foolish unless those homeowners are ready to file bankruptcy.  Read more.

     

    BEWARE OF OHIO COMPLIANCE SCAM
    Carmen Codjoe
    By Carmen V. Codjoe
    Some scammers are not easily dissuaded. For the second straight year, Ohio business owners have been targeted with official-looking mailers that warn, "[Ohio Corporate Compliance] records indicate that we have not prepared your company's annual meeting minutes, it is very important that your company have them prepared pursuant to [Ohio law]." The mailers suggest that for an $150 fee, a company can shield itself from creditors, suppliers and government agencies. Read more.

    HHM SITE ADDS NEW FAQ SECTIONS 

     

    HHM has added three lists of frequently asked questions to its website at www.hhmlaw.com.
    * The firm's litigation group has posted Business Dispute Litigation, which addresses disputes among owners. Find it here.
    * The litigation attorneys have also posted Litigation 101: The Basics of Contesting Matters in Court, a basic primer on litigation. Read it here.
    * The HHM creditors' rights practice group has posted Working With a Creditors' Rights Attorney, an FAQ with information about locating debtors, collecting judgments and more. Read it here.
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    The Solutions Letter is published by Harrington, Hoppe & Mitchell. 

    Comments can be directed to any of our practice group chairs:
    • William L. Hawley, Litigation, 330.392.1541 or by email.
    • Neil D. Schor, Public Sector, 330.744.1111 or by email.
    • Frederick S. Coombs III, Creditors Rights, 330.744.1111 or by email.
    • Alan D. Wenger, Business & Employment, 330.744.1111 or by email.
    • John L. Pogue, Estate Planning & Probate, 330.392.1541 or by email.
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