Ohio Practical Business Law : Columbus Ohio Business Lawyer & Attorney : Teri Rasmussen : Plunkett Cooney Law Firm : Commercial Law, Creditors, Business Formation : Columbus, Central Ohio

Lots of interesting posts recently in the world of employment law.....

Chris Moander of the Wisconsin Business Law and Litigation cautions Employee references are like ghosts -they can haunt you forever.  He links to an article in the April 2008 issue of the Wisconsin Lawyer  by Matthew L. Mac Kelly entitled Employer Liability for Employment References.  According to the article, the four areas of potential liability employers face when responding to a reference check are:

• defamation
• invasion of privacy
• retaliation claims
• negligent refertal/failure to warn

The article explains how each of these problems might arise and provides some useful guidance for minimizing an employer's risk in providing reference information on former employees.

Jon Hyman of the Ohio Employer's Law Blog reports that EEOC settles landmark "cat's paw" discrimination  case.  As Jon explains, this case points up that employers can be held liable for adverse employment decisions made in reliance on information provided by a supervisor or other employee motivated by an impermissible bias such as racism.  

Jon also has an interesting post Court vindicates employer who turned a blind eyeto a request for a reasonable acomodation about an Ohio Eighth Appellate District case Buboltz v. Residential Advantages, Inc.  Although the employer successfully survived the charge it failed to provide reasonable accomodation to a blind employee, Jon believes that employers should not underestimate their continuing duty in this area.

Mike Hamblin over at the Michigan Business Lawyer Blog provides advice about What Should a Michigan Business Do If It Suspects One of Its Employees is Committing a Crime?

Dan Schwartz of the Connecticut Employment Law Blog provides a helpful reminder about the importance of notifying your insurance carrier early of employment liability claims if you are unfortunate enough to have events occur that might result in litigation. 

• Email This
• Print
• Comments
• Trackbacks

Teri G. Rasmussen

trasmussen@plunkettcooney.com

614.629-3014

"Pragmatic Advice to Guide

Your Legally Informed Business Decisions"  

Primary Practice Areas:

Business and Corporate Law

Commercial and Contract Law

Creditors' Rights and Bankruptcy Law

Real Estate Law

Professional Services Offered:

• Business Formation and Corporate Maintenance >> Advise on choice between operating as LLC or corporation and assist in preparation of appropriate documentation to get businesses started on the right foot. Ongoing counsel concerning compliance with corporate formalities to ensure benefits of continued limited liability.

• Agreements Among Owners of Company >> Guide owners in reaching determinations about issues such as company decision-making procedures, exit strategies, admission of new owners, allocation of profits and losses, triggers for distributions or capital contributions, and related matters.

• Business Contracts and Deals >> Structure, negotiate, and document business transactions of all kinds, including acquisition and sale of businesses, agreements with suppliers, vendors, and customers, joint ventures, franchising, and other contracts.  Assist in organization and implementation of due diligence activities.  Litigation representation and trial advocacy for breach of contract and other business disputes.

• Leases (Equipment and Office/Store) >> Review and negotiate leases for (A) machinery and equipment to be used by the business and/or (B) retail premises or office space.

• Real Estate Acquisition >> Assist individual and institutional investors in acquiring improved and unimproved real property and arranging favorable financing.

• Debt and Equity Financing >> Counsel regarding terms and conditions for receiving funds from traditional lending sources, venture capitalists, angel investors, or others.

• Commercial Transactions and Loan Documentation >> Structure, negotiate, and document commercial loans and leases of all sorts on behalf of financial institutions, secured creditors, equipment lessors and other lenders, as well as business borrowers.

• Creditors' Rights, Workouts, and Business Bankruptcy >> Pursue collection or restructuring of delinquent commercial loans, as appropriate, through cognovit judgments, replevins, and foreclosures, as well as out-of-court workouts or loan modifications.  Representation of creditors in business bankruptcy (primarily Chapter 11) proceedings.

• There are a few things I can do as a flat fee.  These would include one person LLC or corporation, simple promissory note and mortgage/security interest, and certain other basic services.

• Generally, I bill for my time  (and that, together with my experience and expertise gained over 25-plus years of legal prectice, is what I am ultimately offering to you for purchase) on an hourly basis.  I do it this way because (1) usually there are way too many variables for me to be able to give you a firm quote; (2) I don't get any more hours in the day than anyone else and once I've given those to one client, i can't give it to anyone else; and (3) that's the way it's mostly done in the law biz, and on this one, I suppose I've chosen not to rock the boat. 
  • My hourly rate varies depending on the complexity of what you are asking me to do.  It can range from $150 to $325 per hour.  You should probably plan on a rate of at least between $200 and $250 in most cases.  
  • I usually require payment of an initial retainer with new clients.  This varies from case to case and depends on the nature and complexity of what you are asking me to do.
  • In most cases, I DO NOT do the "first meeting" for free.  What I will do is meet with you for however long we need to take (within reason and generally assuming we're talking 1-1 1/2 hours, max 2 hours) for a set flat fee, usually $250, payable when we meet.  If you just "want to get acquainted" or size me up to decide if you want me to be your lawyer, ask me to lunch.  I have to eat anyway and I always like to meet new people.  Or catxh me at any of a number of networking events I attend. 

This blog is not intended as legal advice as every situation differs and you should consult an attorney about your particular legal concern.  This blog (as well as any comments to posts on this blog) is not an offer to represent you nor is it intended to form an attorney-client relationship.

• Email This
• Print
• Comments
• Trackbacks

This blog is intended to provide information sufficiently detailed to be useful while remaining accessible to intelligent businessmen and women who may not be lawyers, but still find they need to make decisions affected by legal issues.  It is of course not intended to take the place of consultation with me or any other attorney, but rather to make those encounters more meaningful and productive. 

When I first meet with clients, I tell them that I am not a lawyer who will simply tell them what to do nor am I a lawyer who will simply do whatever you tell me to do.  To me, both of these approaches overlook the dynamic relationship every lawyer and client should have with one another.

I try not to make decisions for my clients because they - not I - are the ones who ultimately have to live with the consequences of the decision.  No matter how good a lawyer I am or how well a client does in acquainting me with the problem or concern to be addressed, there are some intangible things I can never know or understand that may nevertheless be important to the decision to be made.  So my job is to do the best I can to explain the available options and consequences so that clients really can make legally informed business decisions. 

On the other side of the coin, I believe it is important to listen carefully to what a client asks me to do because sometimes what a client asks is really not what they want at all or maybe not the best option.  Sometimes you only think you want cake because you didn't know ice cream was available.  Here my job is to ask enough questions to determine what the key issue or concern in fact is and tailor my advice and counsel accordingly.

This blog is an extension of this philosphy.  My goal is to write about concerns and matters clients have asked about over the years, as well as about other issues that interest me which I believe may also be helpful to those in various businesses.  In this way I hope to contribute meaningfully to the inventory of information those in business have when faced with crucial business or personal decisions containing a legal component.

In addition, I am writing this blog because I like to write and always have.  I find I understand concepts better when I write about them and so perhaps this blog will make me a better lawyer as a result.  And finally, the fact I've gotten compliments - even from strangers - over the years about the quality of my writing is certainly an encouragement. 

It should go without saying that nothing I write should be construed as legal advice or opinion to be followed without further consultation with an attorney.  The blog is not an offer to represent you nor is it intended to form an attorney-client relationship.  Necessarily I write in a vacuum of specific facts about particular circumstances and my own legal counsel and advice in a particular situation might differ from the general principles I set out here.  It is in the end just my general thoughts on the topics covered. 

• Email This
• Print
• Comments (1)
• Trackbacks

trasmussen@plunkettcooney.com

(614) 629-3014

Teri Rasmussen has helped guide clients in making legally informed business decisions for more than twenty years. Her pragmatic strategic thinking has enabled her to provide strong practical counsel and advice to businesses and their owners facing a variety of challenges and legal concerns.

As an attorney in the Columbus office of Plunkett Cooney, Teri focuses her practice on business, corporate, commercial, and real estate law.    She concentrates her own practice on matters such as creditors' rights, business insolvency and bankruptcy, workouts and turnarounds, loan structuring, negotiation, and documentation, and commercial litigation.  She also assists clients with business acquisitions, mergers, and sales; business formation; debt and equity financing; contract review and negotiation; relations among business owners; real estate purchase and leasing; and other general business, commercial, corporate and real estate law issues.

To learn more about what Teri can do for clients in these areas, visit this summary of Practice Areas, or read About This Blog and My Approach to Lawyering. You might also be interested in reading her post on this blog about Why Every Client Should Want an Attorney Who Blawgs.

Teri received her J.D. legal degree cum laude from the University of Michigan Law School where she was a member of the University of Michigan Journal of Law Reform Editorial Board, as well as serving as a research assistant to Prof. James J. White, a well recognized authority on the Uniform Commercial Code. She is admitted to practice before the courts of all Ohio state and federal courts (including bankruptcy court), as well as before the United States Sixth Circuit Court of Appeals.

Throughout her career, Teri has been actively engaged in the leadership of numerous professional and business organizations. She is a Past Chair of the Columbus Bar Association Financial Institutions Committee and of the Ohio State Bar Association Banking, Commercial, and Bankruptcy Law Committee. Currently Teri has been appointed to the membership of the Ohio State Bar Association Legal Ethics and Professional Conduct Committee. She was also a cofounder of Women for Economic and Leadership Development (WELD) and served on its Board of Directors for many years.

Teri has also made strong contributions through her involvement in various other civic and community organizations. She is an alumna of Leadership Columbus's FOCUS Columbus program and of Leadership Dublin. In addition, Teri is a Past President of the Columbus Chapter of Executive Women's Golf Association and served on the Board of Governors for Leatherlips Yacht Club for several years. She has also served on the Board of Directors for CATCO (aka Contemporary American Theatre Company) while it transitioned to Equity status and for the Central Ohio Chapter of the American Leukemia Society.

To learn more about Teri, visit her bio on the website of Plunkett Cooney or

Plunkett Cooney is one of the premier general practice law firms of the Midwestern United States with approximately 150 attorneys located in offices in Columbus, Ohio, Indianapolis, Indiana and throughout Michigan.  It strives to deliver a fearlessly determined team of distinctive legal advisors personally committed to achieving the right results desired by each particular client from the boardroom to the courtroom.

The Columbus, Ohio office of Plunkett Cooney, with an emphasis on matters involving title insurance, real estate, banking, and business, is located at 300 East Broad Street , Suite 590, Columbus Ohio 43215 on the east side of downtown Columbus near the Columbus Public Library and Capital University Law School.   It offers representation to businesses, professionals, and individuals in many areas of law, including

• business, corporate,and commercial matters
• creditors' rights
• real estate
• title insurance
• insurance defense
• general civil and appellate litigation

The Columbus, Ohio office of Plunkett Cooney serves business, professional, and individual clients in Central Ohio - including Bexley, Clintonville, Dublin, Gahanna, German Village, Grandview, Grove City, Hilliard, New Albany, Powell, Upper Arlington, Victorian Village, Westerville, and Worthington -, as well as throughout the States of Ohio, Michigan, and Indiana and across the nation.

This blog is not intended as legal advice as every situation differs and you should consult an attorney about your particular legal concern. This blog (as well as any comments to posts on this blog) is not an offer to represent you nor is it intended to form an attorney-client relationship.

• Email This
• Print
• Comments (1)
• Trackbacks