Latest Legal Insights

Ohio’s rich oil and gas reserves bring economic opportunities but also present significant risks for landowners and neighbors. When an explosion or fire occurs on or near an oil and gas well pad, understanding your legal rights and remedies becomes critical. Below are some key considerations for Ohio landowners. Landowner Rights and Operator Responsibilities Landowners have the right to expect oil and gas operators to manage their wells safely. Operators are required to fo

FOR IMMEDIATE RELEASE EQUES® Law Group Facilitates Successful Mineral Rights Transaction Eastern Ohio – December 2024 – EQUES® Law Group is proud to announce the successful closing of a complex mineral rights transaction in Ohio, resulting in significant benefits for our client. This achievement underscores EQUES’® dedication to providing tailored legal solutions in the ever-evolving energy sector. The transaction involved negotiating and finalizing the transfer of substantia

The Corporate Transparency Act (CTA) enforcement status has undergone significant changes in recent weeks due to ongoing legal challenges. Below is a brief timeline of events and updates for your reference: Timeline of Recent Developments December 3, 2024 Event: Southern District Court for the Eastern District of Texas issues a nationwide preliminary injunction halting the enforcement of the CTA. Reason: Concerns over the constitutionality of the CTA. December 23, 2024 Event

What is a Corporate Resolution? A corporate resolution is a written document that records formal decisions by a corporation's board of directors or shareholders. These resolutions authorize specific actions or policies that guide the corporation’s activities, such as major financial undertakings, changes in company structure, appointment of executives, or strategic shifts in business operations.   Typically, a corporate resolution is drafted during a board or shareholder m

As of December 2024, significant developments have occurred regarding the Corporate Transparency Act (CTA) and its beneficial ownership information (BOI) reporting requirements. These changes, driven by recent legal rulings, directly impact businesses nationwide. Here’s what you need to know and how to prepare for compliance. What is the Corporate Transparency Act? The CTA, enacted in 2021, aims to combat money laundering and other financial crimes by requiring certain busi

A federal court in Texas has granted a preliminary injunction temporarily stopping the enforcement of the Corporate Transparency Act (CTA) and its Beneficial Ownership Information (BOI) reporting rule, citing constitutional and regulatory overreach concerns. The court's order highlights several key issues:   Unconstitutionality of the CTA : The court noted, "The CTA represents a federal attempt to monitor companies created under state law," which infringes on states’ rights

Click Here for an Infographic PDF of the Article Below Finding yourself in a situation where someone owes you money but hasn’t paid can be frustrating and stressful. When the amount is significant enough that you can’t just write it off but not quite large enough to justify the expense of hiring an attorney, it can feel like you’re stuck in a tough spot. Fortunately, writing a demand letter is often a cost-effective first step in attempting to collect what you’re owed before

The U.S. Department of Labor (DOL) has updated the Fair Labor Standards Act (FLSA) overtime regulations, significantly impacting employee eligibility for overtime pay. These changes focus on adjusting the salary thresholds for exempt employees in executive, administrative, or professional roles who are not entitled to overtime pay. Key Changes to Overtime Regulations Standard Salary Level Increase : Effective July 1, 2024 : The minimum salary required for exemption increase

Ohio is grappling with one of its most severe droughts in decades, with 22 counties declared disaster areas. This drought has hit agriculture hard, impacting crop yields, threatening water shortages, and increasing fire risks. As the drought persists, communities and farmers must take precautions and seek available resources to mitigate its impact.   Drought Impacts The U.S. Drought Monitor has classified portions of Ohio as experiencing extreme drought, particularly in so

I hope everyone has had a wonderful summer. As pumpkins appear on store shelves and we approach the transition to Autumn, I’d like to discuss the transition of a planned community from developer control to an effective operation by the ownership.   If it feels like new condos and community associations are continuously popping up in your town—this is because they likely are. As of 2023, planned community developments represented approximately one-third of the nationwide hou

Political signs and messaging in Community Associations is generally a passionate topic to discuss with residents and the Board. From a legal standpoint, there are clear guidelines when it comes to regulating political messaging in a Community Association.   First, it is important to remember that the First and Fourteenth Amendments to the United States Constitution protect free speech in that the government may not “abridge” the freedom of speech, which of course includes

The condominium statute and planned community statute require strict compliance before issuing an enforcement assessment.   However, sometimes a friendly reminder from the Association’s property manager or Board is recommended instead of immediately fining.   Minor violations like trash can violations, storing items in common areas, or weeds in the yard are more preferable for initial, friendly notices. More serious violations like dog attacks, noxious/offensive activitie

As a business owner, it's crucial to stay informed about changes in labor and employment laws. Recent updates to overtime regulations may significantly impact how you classify and compensate your employees. On April 23, 2024, the U.S. Department of Labor (DOL) announced a final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees”, which took effect July 1, 2024. This rule modified regulations issued

As a business owner, staying updated with regulatory changes is crucial for maintaining compliance and avoiding potential legal pitfalls. One of the latest developments you should be aware of is the Department of Labor’s (DOL) new rule on classifying independent contractors. This rule has significant implications for how you classify and manage your workforce. This article provides a general overview on the new rule regarding classifying independent contractors.   What is a

**UPDATE** We want to bring your attention to a significant update regarding the FTC’s proposed Non-Compete Rule. On August 20th, the United States District Court for the Northern District of Texas issued a nationwide injunction prohibiting the FTC from enforcing its Non-Compete Rule, which was set to take effect on September 4th. What This Means for Employers: You are no longer required to comply with the proposed rule. There’s no need to send the notices to employees that

An important reminder for Boards and Property Managers: Can you impose fines for failure to follow the Declaration/Bylaws and Rules?  YES!  Can we just put a fine on the account once we notice a violation and leave it at that?  NO!   In Ohio, for condominium and homeowners associations, before imposing a fine or enforcement assessments, the Association needs to notice the owner with:   A written notice That describes the violation Gives the owner a reasonable time to cure,

How can associations improve communications and streamline board transitions by updating emails? When board members choose to use their personal or work emails for communications related to the association, things can get a bit sticky. A big concern is that there can be a lack of confidentiality and organization. Did you mean to send that casserole recipe to your niece? Uh oh! Instead, you sent it to one of the other board members. Did you want to include the property manag

As we gear up for another exciting season of social events within our communities, it is important to take a moment to highlight the importance of safety precautions and making sure the association has the proper insurance when hosting large events.   Safety First: Hosting a social event and involving all your community members and their guests can range from formal gatherings to formal celebrations. While these kinds of events strengthen our community bonds, they also pre

A comprehensive contract is a written document in which the terms within the four-corners of that document are the sole agreement between two or more parties. An estimate is not a comprehensive contract.  By signing a written document, the contracting parties agree and acknowledge that the written document describes in its entirety the obligations of all the parties that signed it and renders any previously made promises null and void.  The value of a comprehensive contract,