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HTMLOhio Supreme Court Issues Long-Awaited Decision on Dormant Mineral Act
Christopher William Capcara; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on October 7, 2016
The Ohio Supreme Court finally issued its decision on whether the 1989 version of the Dormant Mineral Act (“DMA”) was self-executing. Interpreting the 1989 DMA as narrowly as possible, the Court held that the 1989 DMA was not self-executing and required a surface owner to bring a quiet...

 

HTMLRaise Now, Spend in a Downturn
Chad J. Richman; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on October 31 2016
One thing many experts agree on is that real estate is cyclical. Therefore, the optimal business strategy is to obtain capital commitments when cash is abundant and spend it when asset prices have bottomed out. In a real estate downturn, cash is king.

 

HTMLYou Down with TPP? A Look at the IP Provisions of the Trans-Pacific Partnership
Ukeme Awakessien Jeter; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on November 8, 2016
The Trans-Pacific Partnership (TPP) trade agreement has been a favored talking point for the presidential candidates. While most of the debate on the TPP tends to focus on its potential effects on jobs and wages for American workers, we hear little about the Intellectual Property provisions of the...

 

HTMLSupreme Court to Rule in Landmark Insider Trading Case
Jennifer Dowdell Armstrong; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on October 5, 2016
The Supreme Court will hear oral arguments and resolve a federal circuit split this fall in Salman v. United States. The Court must decide whether the personal benefit to the insider that is necessary to establish insider trading requires proof of “an exchange that is objective,...

 

HTMLWood County Court Denies Kinder Morgan Eminent Domain Rights
William S. McCoy; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on October 19, 2016
Kinder Morgan’s plan to construct a new ethane pipeline throughout Ohio and into Michigan encountered an unanticipated obstacle last week when Wood County Common Pleas Judge Robert Pollex ruled that the company does not have eminent domain rights. In April, Kinder Morgan filed eminent domain...

 

HTMLJustice Pfeifer Lets His "Fillings" Be Heard
Christopher William Capcara; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on October 31, 2016
Last month, in three written decisions, the Ohio Supreme Court held that the 1989 Dormant Mineral Act was not self-executing. In one of those three decisions, Albanese v. Batman (Slip Opinion No. 2016-Ohio-5814), the court affirmed that mineral rights cannot be deemed abandoned under the 2006...

 

HTMLTrump should look to the Appalachian Basin for the next Secretary of Energy
William Beckley, Christopher William Capcara; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on November 16, 2016
President-elect Donald Trump has already begun the process of putting together his cabinet with the announcements of Reince Priebus and Steve Bannon as chief of staff and senior advisor, respectively. With rumors swirling around the remaining cabinet positions, the choice for who should head the...

 

HTMLBeware of the Phantom...Equity
Benjamin D. Panter; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on October 31, 2016
Offering equity incentives can help companies to recruit talent and provide employees with a stake in the company’s success. Providing employees with an actual ownership stake, however, carries risk because employees that hold actual equity in a company typically have the rights of an owner....

 

HTMLBig Ohio Shale Shout Out
Michael W. Wise; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on September 23, 2016
With Trump at a Shale Conference in Pittsburgh this week, the first debate coming up next Monday, and the election just over a month away, national energy policy looks to be front and center for the candidates. Ohio’s prestigious Ohio Business Roundtable weighed in on the debate this week by...

 

HTMLChronic Care Management: Medicare Increases Payment and Relaxes Standards
Isabelle Bibet-Kalinyak, Rick L. Hindmand; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on November 15, 2016
The Centers for Medicare & Medicaid Services (CMS) issued the 2017 Medicare Physician Fee Schedule Final Rule (the “MPFS Final Rule”) on Nov. 2, 2016, which implements payment policies designed to make it easier and more financially attractive for physician practices to furnish...

 


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