Solutions Letter
  An update from Harrington, Hoppe & Mitchell                   SUMMER 2013
 FROM OUR  BLOG                                                       Solutions@Law  
AFFORDABLE HEALTH CARE ACT: NAVIGATING 'PLAY OR PAY' WATERS

 

Millich By George P. Millich, Jr. 

 

While much of the Affordable Care Act becomes effective in 2014, employers should be aware of the new requirements now in order to prepare and avoid penalties. A solid understanding of the law can help you determine whether to comply with all of its elements or opt out and pay a penalty that might be less costly than full compliance. Read the full blog post here.

LANDOWNERS SHOULD RESIST THREATS 
OF EMINENT DOMAIN FOR PIPELINES

 

Alan Wenger By Alan D. Wenger 

 

Landmen unfortunately sometimes resort to veiled or explicit threats to landowners regarding pipeline easements. They may something like, "If you won't work with us we can just take an easement by eminent domain." This is probably not true. Eminent domain is a legal concept that allows taking of private property for a use that benefits the public. Read the full blog post here.

CHANGES STIFFEN HIPAA REQUIREMENTS

 

By Megan M. Graff 

 

The U.S. Department of Health and Human Services has released revisions to the Health Insurance Portability and Accountability Act (HIPAA) to account for changes implemented with the recent Health Information Technology for Economic and Clinical Health (HITECH) Act. The changes do not alter the basic premise of HIPAA, but they do change some of HIPAA's standards. Read the full blog post here.

NEW OHIO RULES ON FORCED UNITIZATION REQUIRE MORE DOCUMENTATION

 

By Alan D. Wenger

 

New Ohio rules governing the complicated practice of unitization in the development of oil and gas resources will force energy companies to provide more notice and documentation and to negotiate in good faith as they pursue larger units. These rules, which were just published, should offer more protection for both landowners who have leases and those who do not. Read the full blog post here.

FMLA NOTICES NEED AN UPDATE

 

Matthew Ries By Matthew M. Ries

 

Effective March 8, 2013, the Family and Medical Leave Act ("FMLA") was amended to provide greater protection to military members and their families. As an employer, this means an updated FMLA notice needs to be hung above the office water cooler or in the break room. Read the full blog post here. 

 NEWS ITEMS

ASSOCIATION PICKS WENGER FOR
DISTINGUISHED SERVICE AWARD 

ALAN D. WENGER received the Mahoning County Bar Association's 2013 Distinguished Service Award in recognition of his service to the bar association and the community. He accepted the honor at the association's annual banquet last month. This award is given to a lawyer who has provided service to the association and/or the community for many years. Wenger, chair of HHM's oil and gas law group and its management committee, and has been practicing law in the Mahoning Valley since 1977.

HHM ADDS LITIGATOR MATT RIES 

 

HHM is pleased to welcome attorney MATTHEW M. RIES, who joins the firm after working as a litigation attorney for more than four years in the Columbus and Cleveland areas. His practice will focus on civil and employment litigation, corporate law and commercial law. He can be reached at 330.392.1541 or by email.

John Dellick

PENELEC, DELLICK DEFEND

LAWSUIT OVER FLOOD DAMAGE 

 

JOHN T. DELLICK and his client, Pennsylvania Electric Company (Penelec), prevailed recently in a lawsuit over flood damage to a Pennsylvania wastewater treatment plant in 2006. The jury rejected the City of Franklin's claim that the damage was the result of Penelec's culvert washing out, allowing waters to carry a large dumpster into the treatment plant's culvert. Dellick argued that Penelec's culvert was built to state specifications and the overwhelming force of the August 2006 flood resulted in treatment plant damage which was unpreventable. The city was demanding $700,000 in the action Dellick successfully defended in Venango County Common Pleas Court in Franklin.

 

 HHM LAWYERS IN THE COMMUNITY

Click the photo to reach
WKBN-TV's recent story.

MILLICH ANALYZES

OBAMACARE FOR

CLIENTS, MEDIA 

 

GEORGE P. MILLICH JR. has become a leading source of analysis and commentary on the Affordable Care Act, often called Obamacare. He has delivered four seminars on the topic in recent months and will deliver a fifth next month for the Mahoning County Bar Association. Millich has also been quoted frequently in the news media, including in this front-page story in the Tribune Chronicle about the complex new law, which will change the way many companies manage their employees. Inquiries can be directed to George by email.

Abruzzino
ABRUZZINO JOINS HOPE HOUSE BOARD 

 

VITO J. ABRUZZINO, a litigation attorney in the Salem office, has been named to the board of the Hope House Visitation Center, effective July 1. Hope House, based in Youngstown, provides a secure location for supervised family visitation for situations where safety is a concern.

HHM SUPPORTS COMMUNITY EVENTS  

 

HHM is sponsoring Salem Community Theatre's biggest show of the season, "Hairspray," Aug. 2-11. On opening night, the firm is hosting a public reception after the show with complimentary refreshments and an opportunity to greet the cast. Other recent events and causes sponsored by HHM and its lawyers and staff include the following:

  • Northeastern Ohio Adoption Services Progressive Dinner in Warren in April.
  • Akron Children's Hospital's "Champions for our Valley's Children" event in Poland in May.
  • Jewish Community Center's Solomon Golf Classic at Squaw Creek Country Club in June.
  • The Humility of Mary Health Partners Foundation's Drive Out Prostate Cancer Car Show in Boardman in June.
  • Neil Kennedy Recovery Clinic's Golf Classic at Trumbull Country Club in June.
  • Mahoning County Juvenile Court Advisory Board Golf Classic at Kennsington in June.
  • Warren YMCA's Stars & Stripes Run in Warren on the Fourth of July.

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The Solutions Letter is published by Harrington, Hoppe & Mitchell

Comments can be directed to any of our practice group chairs:
  • Alan D. Wenger, Oil & Gas, 330.744.1111 or by email.
  • 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 & Bankruptcy, 330.744.1111 or by email.
  • Alan D. Wenger, Business & Employment, 330.744.1111 or by email.
  • Neil H. Maxwell, Estate Planning & Probate, 330.744.1111 or by email.