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Recent and Noteworthy Publications

• “Top Tips for Avoiding Legal Malpractice Claims,” Ohio Association of Civil Trial Attorneys Newsletter, September 2018
• "Transitioning on Title VII: Sixth Circuit Becomes First Federal Appellate Court to Confirm Title VII Protections for Transgender and Transitioning Individuals in the Workplace," Ohio State Bar Association Ohio Lawyer Magazine, September/October 2018
• "What a Headache: Examining the Scope of Potential Liability Faced by Public Schools in Connection With Football Concussion Injury Claims," Ohio Association of Civil Trial Attorneys Quarterly Review, Summer 2018
• "Hazy Horizons – The Impact of Ohio's New Medical Marijuana Law on the Workplace," Cincinnati Bar Association Report, July/August 2018 (Cover Article)
• "An Emerging Trend? Second Federal Appellate Court Changes Course, Finds Title VII Extends to Sexual Orientation Discrimination," Ohio State Bar Association Labor & Employment Section Newsletter, June 2018
• "Rising Standards in Data Breach Class-Action Litigation: Fourth Circuit Sets High Bar for Establishing Article III Standing," Claims and Litigation Management Alliance Magazine, June 2018
• "Clifford v. Church Mutual Insurance Company: Sixth Circuit Solidifies Unbendable Bar on Insurance Coverage for Acts of Sexual Misconduct in Ohio," Defense Digest, Vol. 24, No. 2, June 2018
• "Sixth Circuit Becomes First Federal Appellate Court to Find Title VII Protects Transgender and Transitioning Individuals in the Workplace," MDWCG Legal Updates for Employment Law, June 2018
• "Top Tips for Preparing for Mediation From the Defense's Perspective," Ohio Association of Civil Trial Attorneys Quarterly Review, Spring 2018
• "Bodily Injury Insurance Coverage Trigger Theories," Ohio Association of Civil Trial Attorneys Newsletter, Spring 2018
• "#NotMeToo: Avoiding Sexual Harassment Claims in the Workplace," Cincinnati Bar Association Report, April 2018 (Feature Article)
• "Ohio Supreme Court Clarifies Start of Statute of Limitations in Insurance Agent & Agency Negligence Actions," MDWCG Legal Updates for Insurance Agents & Brokers, April 2018
• "Hudzik v. Blvd. Ctr. Co.: Ohio Appellate Court Applies Actual Constructive Notice Doctrine to Defeat Mall Complex Patron's Premises Liability Action," MDWCG Case Law Alerts, April 2018
• "Stein v. hhgregg: New Guidance on Permissibility of Employer Commission Draw Policies," MDWCG Legal Updates for Employment Law, March 2018
• "The Cost of Free Speech – Can Employers Fire Employees for Unwanted 'Speech'?" Cincinnati Bar Association Report, March 2018 (Cover Article)
• "Seventh Circuit Pumps the Brakes on Long-Term Leave Requests Under the ADA, Declares ADA is Not a Medical Leave Statute," American Bar Association Labor & Employment Law 101 Practice Series, February 2018
• "Unraveling the Complexities of Obtaining Insurance Coverage for Defective Workmanship Claims in Ohio," Ohio Association of Civil Trial Attorneys Quarterly Review, Winter 2018
• "Seventh Circuit Charts New Course for Sexual Orientation Discrimination," Ohio State Bar Association Ohio Lawyer Magazine, January/February 2018
• "Seventh Circuit Pumps the Breaks on Long-Term Leave Requests Under the ADA, Declares ADA is Not a Medical Leave Statute," American Bar Association Young Lawyers Division Labor & Employment Committee Newsletter, January 2018
• "Brosnan v. Heinen's, Inc.: Ohio Appellate Court Applies Open & Obvious Doctrine to Defeat Grocery Store Patron's Premises Liability Action," MDWCG Case Law Alerts, January 2018
• "Changing Lanes: Determining Autonomous Car Liability," Claims Magazine, December 2017
• "Appeals Court Rejects More Relaxed Standard for Establishing Article III Standing in Data Breach Class Action Litigation," MDWCG Privacy and Data Security Law Alert, December 2017
• "Reversing Course: DOJ Holds Protections of Title VII Do Not Extend to Transgender/Gender Identity Discrimination," MDWCG Legal Updates for Employment Law, December 2017
• "EEOC Issues Updated Guidance on National Origin Discrimination in the Workplace," Defense Digest, Vol. 23, No. 4, December 2017
• "Utilizing Ohio's Actual Constructive Notice Doctrine to Defeat Premises Liability Lawsuits," Ohio Association of Civil Trial Attorneys Newsletter, Winter 2017
• "Nickel Defense: Insurance Agents & Brokers Should Put Five Basic Protective Measures in Play to Avoid Professional Liability Claims," Claims and Litigation Management Alliance Professional Times, November 2017
• "Changing Lanes: Who is Liable When Autonomous Cars Are Involved in Accidents?" National Underwriter Property & Casualty Magazine, November 2017
• "Who's Liable When Autonomous Cars Are Involved in Accidents?" Autobody News, October 19, 2017
• "Utilizing Ohio's Open & Obvious Doctrine to Defeat Premises Liability Lawsuits," Ohio Association of Civil Trial Attorneys Quarterly Review, Fall 2017
• "Berry v. Paint Valley Supply, LLC: Fourth Appellate District's Decision Provides Key Lessons for Personal Injury Defense Litigators," Ohio Association of Civil Trial Attorneys Quarterly Review, Fall 2017
• "Changing Lanes: Who is Liable When Autonomous Cars Are Involved in Accidents?" PropertyCasualty360.com, October 10, 2017
• "We Must Protect This House: Cybersecurity, Attorney Ethical Obligations & Safeguarding Law Firm Client Data," Cincinnati Bar Association Report, October 2017 (Cover Article)
• "EEOC Pay Data Reporting Rule Suspended Indefinitely," MDWCG Legal Updates for Employment Law, September 2017
• "Quick Trigger: Ohio Appellate Court Holds No Special Rules for Commencement of Professional Negligence Statute of Limitations," MDWCG Legal Alerts, September 2017
• "Utilizing the Expert Testimony Requirement to Defeat Legal Malpractice Claims," Ohio Association of Civil Trial Attorneys Quarterly Review, Summer 2017
• "Seventh Circuit Charts New Course for Claims of Sexual Orientation Under Title VII, Sets Stage for Supreme Showdown Before Nation's Highest Court," Ohio State Bar Association Labor & Employment Section Newsletter, September 2017
• "Spokeo v. Robins: No-Injury Class Action Plaintiffs Suffer Concrete Harm in United States Supreme Court's Ruling on Article III Standing," Defense Digest, Vol. 23, No. 3, September 2017
• "Bending the Rules: The EEOC's Take on Leave as a Reasonable Accommodation," Defense Digest, Vol. 23, No. 3, September 2017
• "Newly Amended Federal Civil Rule 26(b)(1): Injecting Healthy Doses of Proportionality and Relevance to Curtail the Scope of Discovery," Lorman Education Services, August 2017
• "Define Unqualified," Claims and Litigation Management Alliance Professional Times, August 2017
• "Proceed With Caution: Avoiding the Potential Pitfalls of Utilizing Interpleader Actions to Resolve Insurance Coverage Disputes Involving Multiple Claimants and Insufficient Policy Limits," Defense Research Institute Life, Health & Disability Committee Newsletter, July 2017
• "Transforming Fact Into Law: Utilizing Ohio's Reasonable Justification Defense to Defeat Bad Faith Claims," Ohio Association of Civil Trial Attorneys Newsletter, Summer 2017
• "The Burgeoning Scope of Third-Party Legal Malpractice Liability in Ohio," Cincinnati Bar Association Report, June 2017 (Cover Article)
• "Newly Amended Federal Civil Rule 26(b)(1): Injecting Healthy Doses of Proportionality and Relevance to Curtail the Scope of Discovery," Defense Digest, Vol. 23, No. 2, June 2017
• "No Pain, No Gain: The Impact of Ohio's Economic Loss Rule on Commercial and Professional Liability Litigation," Ohio Association of Civil Trial Attorneys Quarterly Review, Spring 2017
• "Plugging the Holes: Scope of Discoverability of Insurer's Claim File in Ohio Bad Faith Litigation," Ohio Association of Civil Trial Attorneys Newsletter, Spring 2017
• "The Importance of Personal Branding to Individual Attorney Marketing and Business Development," Defense Research Institute The Whisper Newsletter, April 18, 2017
• "Following the Money: EEOC Drastically Expands Employer EEO-1 Reporting Requirements with Addition of Workforce Pay Data Component," Defense Digest, Vol. 23, No. 1, March 2017
• "EEOC Issues Updated Enforcement Guidance on National Origin Discrimination," American Bar Association Young Lawyers Division Labor & Employment Committee Newsletter, Winter 2017
• "The Impact of Ohio's Economic Loss Rule on Commercial and Professional Liability Litigation," Ohio State Bar Association Ohio Lawyer Magazine, January/February 2017
• "An Uber-Sized Deal: Proper Classification of Workers in the 'Gig' Economy," Defense Research Institute For the Defense Magazine, January 2017
• "Lowering the Bar: Sixth Circuit Significantly Lowers the Threshold for Establishing Article III Standing in Data Breach Class Action Litigation," Cincinnati Bar Association Report, January 2017 (Cover Article)
• "Utilizing the Doctrine of Collateral Estoppel to Defeat Legal Malpractice Claims," Ohio Association of Civil Trial Attorneys Newsletter, Winter 2016
• "Time for a Checkup: New EEOC Rule Alters Landscape For Wellness Plans Under ADA and GINA," Defense Digest, Vol. 22, No. 4, December 2016
• "Time is of the Essence: Leveraging Ohio’s Constricted Statute of Limitations for Legal Malpractice Claims to Dispose of Litigation Instituted Against Attorneys," Defense Digest, Vol. 22, No. 4, December 2016
• "Weak Link: Attacking the Duty Element of Legal Malpractice Claims to Defeat Actions Instituted Against Attorneys," Ohio Association of Civil Trial Attorneys Newsletter, Fall 2016
• "Rounding Third But Not Home Yet: Seventh Circuit Puts the Brakes on EEOC’s Push to Expand Title VII to Encompass Sexual Orientation Discrimination," American Bar Association Young Lawyers Division Litigation Committee Newsletter, Fall 2016
• "Pokémon No! Legal Issues Surrounding the Pokémon Go Craze & Tips for Employers to Combat the Potential Pitfalls Created by Augmented Reality Games in the Workplace," Cincinnati Bar Association Report, November 2016 (Cover Article)
• "Apple, Terrorism and Electronically Stored Information in Today’s Advanced Technological Age," Agents of America, September 2016
• "Employers Beware: New OSHA Injury and Illness Reporting & Anti-Retaliation Rule Greatly Expands Potential Liability For Employers," Defense Digest, Vol. 22, No. 3, September 2016
• "Ohio Supreme Court Paves Way for Broad Application of Abuse or Molestation Exclusion in Ohio," Hamilton County Law Library News, July 2016
• "OSHA’s New Rule on Injury and Illness Reporting & Anti-Retaliation May Leave Employers Feeling Sick," MDWCG Legal Updates for Employment Law, July 2016
• "Lessons From the EEOC v. Ford Motor Co. Verdict: Best Practices for Defending Against Disability Discrimination Claims," Claims and Litigation Management Alliance Magazine, June 2016
• "Apple, Terrorism and Electronically Stored Information in Today’s Advanced Technological Age," Cincinnati Bar Association Report, June 2016 (Cover Article)
• "Sixth Circuit Kicks Open the Door to Much Broader Range of Workplace Retaliation Claims Under Title VII," Defense Digest, Vol. 22, No. 2, June 2016
• "Ohio Supreme Court Paves Way For Broad Application of Abuse or Molestation Exclusion in Ohio, World Harvest Church v. Grange Mutual Casualty Company," MDWCG Legal Updates, May 2016
• "Malpractice? Prove It! Ohio Courts Continue Trend of Applying Case-Within-A-Case Doctrine to Reject Legal Malpractice Cases," Ohio State Bar Association Ohio Lawyer Magazine, May/June 2016
• "Utilizing the Doctrine of Judicial Estoppel to Defeat Legal Malpractice Claims," Ohio Association of Civil Trial Attorneys Newsletter, Spring 2016
• "Overview of Insurance Agent Professional Liability in Ohio," Defense Digest, Vol. 22, No. 1, March 2016
• "Ohio Supreme Court Signals Narrow Application of Ohio’s Inferred Intent Doctrine," Defense Digest, Vol. 22, No. 1, March 2016
• "Wanted: Your Company’s Workforce Pay Data – EEOC Proposes Adding Compensation Data to Annual EEO-1 Report," MDWCG Legal Updates for Employment Law, February 2016
• "Going on the Offensive in Defending Bad Faith Claims," Claims Journal, December 21, 2015
• "Federal Abstention in Sixth Circuit Declaratory Judgment Coverage Litigation," Defense Digest, Vol. 21, No. 4, December 2015
• "Three Steps Employers Need to Take to Minimize Discrimination Claims," Ohio State Bar Association Ohio Lawyer Magazine, September/October 2015
• "Limiting or Disposing of Insurance Claims and Lawsuits by Utilizing Bankruptcy Records and the Doctrine of Judicial Estoppel," Defense Digest, Vol. 21, No. 3, September 2015
• "Ohio Precludes Insurance Coverage for Employer Intentional Torts," Cincinnati Bar Association Report, July 2015 (Cover Article)
• "Intentional Act Exclusions & the Doctrine of Inferred Intent in Ohio," Defense Digest, Vol. 21, No. 1, March 2015