The Ohio Supreme Court’s recent decision in Sutton Bank v. Progressive Polymers, L.L.C., Case No. 2020-Ohio-5101 (Sutton) reaffirmed the enforceability of cognovit notes in Ohio. The Court confirmed that, although cognovit notes and their terms are to be strictly...
Content By Justine Lara Konicki
Five Tips for Surviving Litigation
Whether you are the person bringing the claim or the one being sued, lawsuits are intense, stressful and high stakes. Here are five tips for surviving and effectively navigating the litigation process: 1. Find the right team – and trust them. Finding your team...
Are the Late Fee Provisions in Your Form Contracts Enforceable in Court?
Late fees are common in business contracts. As a business owner, you want to make sure that the party you are contracting with performs in the manner you had bargained. If the party fails to deliver by a certain date, at a certain place or in a specific manner, you...
Automated Text Reminder Pitfalls: Did You Get Written Consent?
By Justine Lara Konicki and Kyle Hutnick Whether you are an auto body shop reminding customers to schedule their next oil change, a retailer encouraging customers to redeem their reward points, or a restaurant sending reservation reminders – take caution before...
Department of Labor’s Fiduciary Rule Now in Effect
By Justine Lara Konicki and Ray Junaid On June 9, 2017, the Department of Labor’s “Fiduciary Rule” went into effect, despite several dissenting opinions from House Republicans, and a two-month delay and review by the Trump Administration. The rule is expected to be...