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NAVIGATING ASSET LIQUIDATION

This guide is intended to help owners assess whether liquidating assets is necessary, understand the trade-offs involved, and make informed, strategic decisions under financial pressure.   Step 1: Mentally Prepare for the Realities of a Downturn in Your Business or in the Market Before making any decisions, it's important to reframe expectations: Asset values may be lower than their peak. You may not get "what it’s worth" — instead, you'll get what someone will pay today.

What are the Duties of a Fiduciary for an Estate

What is a Fiduciary Losing a loved one is never easy and trying to manage their property and finances only adds extra stress. The purpose of this simple overview is to give a bird' s-eye view of what that process is like. Whether you are trying to figure out the next steps after losing someone or are considering who shall handle your affairs, this article will give you an idea of the process. There are many technical terms used by the probate Court. Here are a few of the mo

March 21, 2025, FinCen update:

On March 21, 2025, FinCEN issued an interim final rule (31 CFR Part 1010.380, RIN 1506-AB49) that exempts all domestic companies from the beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA). Key Points: - Domestic reporting companies are no longer required to file BOI reports with FinCEN. - Companies are not required to update or correct any previously submitted BOI reports. - The definition of "reporting company" has b

Understanding Eminent Domain: How the Government Can Take Private Property

Imagine owning a piece of land your family has cared for many years. One day, your town tells you they need your property to build something for the public—like a road, school, or water system. You don’t want to sell, but the town says they have the right to take it. How is that possible? This process is called eminent domain, and it allows the government to take private property if it’s for public use—but they must pay fair market value for it. Eminent domain is a powerful

Handling Reasonable Suspicion Situations: A Legal Perspective

Maintaining a drug-free workplace is essential for safety, productivity, and compliance with legal standards. HR professionals play a pivotal role and must navigate reasonable suspicion cases carefully to protect both employees and the organization. This guide outlines steps to approach handling such situations legally and effectively ensuring a proactive stance in maintaining a drug-free workplace while minimizing legal risks. I. Understanding Reasonable Suspicion A. Definit

Divorce: Contested, Uncontested, or Cooperative

One of the most common misunderstandings in a divorce case involves the parties and the type of divorce they need.   In Ohio, there are three basic kinds of “divorces,” although only two of them actually carry that name.   The normal, stock-standard divorce that everyone knows is a “contested divorce” – the parties each get a lawyer, the lawyers fight it out – maybe in court, maybe out of court – and at the end, there may be a trial, or there may be a settlement. This typ

Estate Planning – Because Even Your Dog Shouldn’t Inherit Your Debt

We get it. Thinking about your will isn’t exactly something that’ll make you the life of the party. It’s right up there with doing your taxes or listening to your great aunt’s conspiracy theories about the moon landing. But hear us out—estate planning isn’t all doom and gloom. In fact, it can be surprisingly...fun? Okay, maybe not “fun,” but at least it can be a little bit more entertaining than you thought. Let’s talk about why you definitely want to get your estate planni

You’ve Been Sued: What Do You Do Now?

If you’ve been served with a lawsuit, it’s natural to feel overwhelmed or unsure of your next steps. But acting quickly and deliberately can make a significant difference in protecting your rights and minimizing potential consequences. Here’s a step-by-step guide on what to do if you face a lawsuit.   Don’t Ignore the Lawsuit The worst thing you can do is ignore the summons or complaint. Ohio law gives you a limited time to file a response with the court, typically 28 days f

Understanding and Protecting Landowner Rights After Oil Well Pad Incidents

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

EQUES® Law Group Facilitates Successful Mineral Rights Transaction

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

Corporate Transparency Act (CTA) Update: Key Timeline for Business Clients

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

Understanding Corporate Resolutions

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

Navigating Beneficial Ownership Reporting Requirements: What Business Owners Need to Know

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

Court Pauses Corporate Transparency Act: What It Means for Small Businesses

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

How To Write a Demand Letter

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

Earnings Thresholds for FLSA Overtime Exemptions

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 Drought 2024: Impacts, Precautions, and Available Resources

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

Smooth Transitions: Moving from Developer to Owner Control

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 & Messaging in Your Community Association

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

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