All criminal defendants rely heavily on their attorneys for counsel, court representation, and potential plea-negotiations. Each of these traditional attorney functions present unique challenges. Given that all criminal attorneys perform these basic functions, it might be easy to gloss over the distinction between traditional criminal defense attorneys and white-collar criminal defense attorneys. However, the reality is that most criminal defense attorneys are simply not equipped to handle the complex issues implicated in white-collar cases, and the stakes criminal defendants face are simply too high to make the mistake of retaining the wrong attorney.

What are the stakes?

U.S. District Judge David Hittner recently sentenced Stanford accounting chief Gilbert Lopez and global controller Mark Kuhrt to 20 years of jail time each. The sentencing comes down in the wake of years of controversy surrounding the financial scandals that rocked the economy worldwide, amidst widespread concern amongst victims that white-collar criminals are treated with impunity they do not deserve. In short, the atmosphere does not bode well for the criminal defendant facing a jury of his or her peers, and it falls to the white-collar criminal defendant’s attorney to carry out an effective defense strategy.

The particularities of white-collar defense work

While traditional criminal defense attorneys can build a practice that caters to the vast majority of criminal cases, white-collar criminal defense work is distinct and unique area of law. White-collar criminal defense attorneys are faced with unique complaints and allegations relating to insider trading, securities fraud, and complex financial violations. These legal issues relate to a distinct set of federal and state statutes and case law, each of which requires an expertise not typically found amongst all-purpose criminal attorneys. What white-collar crimes usually have in common, and also renders them distinct from the various unrelated crimes that most criminal attorneys handle is the presence of deceit, and the absence of violence. Furthermore, white-collar crimes often involve actions carried out under the authority and direction of a criminal defendant. Such factual circumstances implicate laws of agency and corporate responsibility that run-of-the-mill criminal attorneys simply do not interact with on a daily basis. While every attorney learns the basics of each area of law when they go to law school, only an attorney that practices a particular area of law on a regular basis can truly provide effective representation. When it comes to criminal cases, there is simply too much at stake to place a criminal defendant’s fate in the hands of an attorney with no experience in the relevant field.

Retain an experienced white-collar criminal defense attorney

White-collar criminal defendants may face a more hostile environment today than they have in years, both in the courtroom and in the public eye. It pays to contact and retain an experienced criminal defense attorney that knows the issues implicated in white-collar criminal cases. The reason is simple: when your liberty is at stake, you cannot afford to lose.

In Ohio, most employers must make contributions for unemployment insurance for its employees. This is called “covered employment.” A worker in Ohio may receive unemployment benefits provided the following qualifying requirements are met:

• The worker is not employed at the time of filing.

• The worker had a minimum of 20 weeks of covered employment during the “base period,” or “alternate base period.”

• The worker earned a minimum average weekly wage during the relevant base period, $220 currently, though the amount changes yearly.

In addition to the foregoing, the worker must not be out of work because the employer had “just cause,” to end the employment or, in the case of a worker who quits their employment, the worker is required to have just cause for the decision to do so.

If a worker is let go as a part of a layoff or a plant closing, or a position was abolished, because of a lack of work, the worker will generally qualify.

A worker generally may not collect benefits if they were fired for careless work, neglecting the job’s obligations and responsibilities or violated company rules and policies the worker knew or should have known about. Such a termination must, however, be consistent with that of a ordinary employer under similar circumstances.

If a worker has just cause to terminate their employment, they may also be eligible. Examples could include:

- A worker required to work under conditions that violate legal health or safety standards

- A worker subjected to harassment or humiliation

- A worker whose position is fundamentally altered such that it is not possible for the worker to complete their duties or work without substantial hardship

- A worker whose employer has not fulfilled the conditions of an employment a agreement or complying with wage and hour laws

- A worker who is locked out in a labor dispute may be eligible

To maintain eligibility, a worker must be available for work relating to her trade or occupation. The worker must also be available for suitable work for any shift of any trade or work consistent with her training and experience.

A worker must make a a good faith effort to find work and keep a written record of your weekly search efforts in the area where she worked or where work is normally performed.

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This blog is written and published by Laufman & Napolitano, LLC

A driving under the influence charge, also called a DUI or OVI, is a serious criminal offense that is far more than an inconvenience. Even first-time offenders face a mandatory three days in jail or a residential driver’s intervention program. They must content with loss of their driver’s license for a mandatory minimum of six months up to a possible three years. There are also substantial financial costs including fines, court costs, probation costs, driver’s license reinstatement fees, and a hefty increase in auto liability premiums.

A driver with a prior OVI offense faces substantially greater jail time or residential alcohol treatment, heavier fines and loss of driving privileges for five years and more. Ohio law requires that an ignition interlock device be installed on a convicted driver’s vehicles in any case involving either a high-level breath test or multiple offenses. This means the driver must blow into the device before the car will start. These devices are costly, embarrassing, and intrusive.

What Your DUI Attorney Can Do

Your DUI lawyer can advise you on what defenses are available and what your options may be. For example, the following issues may be present in your case:

• Whether the stop of your car was legally valid

• Your performance on field sobriety tests

• The validity of the officer’s opinion of your impairment

• The credibility and validity of the breath test

Along with improper vehicle stops, how the officer conducts or interprets any field sobriety tests is often incorrect or does not follow protocol. Also, if the officer did not actually see you driving, there are issues of identification and the timing of any drinking in relation to the movement of the vehicle.

Further, a breath test machine must be calibrated correctly. If you have a particular medical condition, it may affect the breath test results as well. There are also multiple issues presently being litigated in regard to the Intoxilyzer 8000, the newest breath testing device being utilized in the state of Ohio.

Many times issues arise that can result in dismissal or mitigation of the offense. In many instances, hiring a skilled and knowledgeable DUI/OVI attorney can result in a favorable resolution of these serious charges.

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This blog is written and published by Laufman & Napolitano, LLC

Title VII is part of the Civil Rights Act of 1964 (Act), which prohibits discrimination in employment on the basis of race, color, religion, sex or national origin. All employers with at least 15 employees as well as labor unions, government and employment agencies must comply with the act.

Under the Act, an employer may not discriminate against individuals in regard to hiring, firing, laying off, providing benefits, training, pay, promotion or limiting their opportunities because of their status.

Gender Discrimination

Employment and workplace discrimination directed toward women is illegal. Sexual harassment or requests for sexual favors in return for benefits, is also illegal. This includes maintaining a work environment that is sexually charged, abusive or hostile towards women or men based upon gender.

Specifically, it is not lawful to discriminate against a woman because of pregnancy, childbirth or medical conditions related to childbirth. Similarly, an employer cannot require men to demonstrate a disability to obtain leave for childbearing.

Racial and Ethnic Discrimination

An employer may not discriminate against individuals in regard to hiring, firing, laying off, providing benefits, training, pay, promotion or limiting their opportunities because of their race, ethnicity, or national origin.

Burden of Proof

To establish unlawful discrimination, an employee must prove the following:

• That they are a member of a protected group and applied and subsequently rejected for a job they were qualified to perform.

• That the employer continued to seek applicants with the same qualifications.

• That they are a member of a protected group and suffered an adverse employment action (such as a demotion or firing) on the basis of their protected class status.

Once demonstrated, an employer must show that it had a legitimate, nondiscriminatory reason for its action. If the employer makes such a showing, the worker may prove the employer’s reasons are pretext, and the unlawful discrimination was indeed the basis for the action.

Disparate Impact

When an employer is not motivated by a discriminatory intent, the impact of the policy or practice may be disparate or unjustly and adversely impacted a protected group. Examples may include testing as well as height, weight, and educational requirements. If a disparate impact is shown, the employer must show a business necessity for the practice and that no other alternative existed that would not have had a similar effect on the protected employee’s class.

If you believe you might have experienced illegal discrimination it is appropriate to consult an attorney to discuss the situation.

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This blog is written and published by Laufman & Napolitano, LLC

A wrongful death claim is a civil action in which a plaintiff claims that a person’s death was caused by the negligent or wrongful act of another individual or entity. These cases are subject to state statutes regarding who can bring the claim, when, and what types of compensation are available.

Examples of Wrongful Death Claims

A negligent or intentional act leading to a person’s death can be the subject of a wrongful death claim. These include:

• Medical malpractice

• Motor Vehicle accident

• Defective drug or product

• Dog or animal attack

• Nursing home abuse

• Intentional act such as homicide

There are time limits upon when such an action can be brought and, as such, persons should act promptly to determine their legal rights.

Parties

In Ohio, a personal representative of the decedent can only bring the wrongful death claim. The person is usually the executor named in the decedent’s will or can be a person who is appointed by the probate court to administer the decedent’s estate.

Those entitled to damages include the surviving spouse and any children of the decedent. Parents and other next of kin with a relationship to the decedent may beneficiaries as well. A court will generally decide how proceeds from a wrongful dealth claim are distributed among beneficiaries of an estate.

Damages

The following damages are available in wrongful death claims in Ohio:

• Burial and funeral expenses

• Hospital and medical expenses, if applicable

• Loss of support from the reasonably expected working life earning capacity of the decedent

• Loss of services from the decedent (value of childcare, household tasks)

• Loss of companionship, care, consortium, training, education, assistance and guidance suffered by surviving spouse, children, parents or next of kin of decedent

• Mental anguish suffered by surviving heirs

• Loss of prospective inheritance

Wrongful death claims can be complicated and complex issues depending on the nature of the claim and the status of the party being sued. An experienced wrongful death attorney in Ohio should be consulted in these types of claims.

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This blog is written and published by Laufman & Napolitano, LLC

The Age Discrimination in Employment Act (ADEA) is a federal law that protects employees at least 40 years of age from discrimination in hiring and other employment practices.

ADEA applies to employers with at least 20 employees working per day for at least 20 weeks in the preceding 12-months. Ohio’s discrimination law, however, which applies to employers with only four or more employees, also protects older workers. Employers who violate either of these statutes may bear liability for their actions.

Proof of Violation

Generally, under the ADEA a showing of the following is necessary to establish the basis for a successful claim:

• The offended employee aged 40 years, or older, at the time of the alleged discrimination;

• The older worker was the subject of the unlawful act;

• The older worker was qualified for the position or was not otherwise responsible for the adverse employment action;

• If terminated or not hired, a “substantially younger person “was hired or replaced the older worker.

In defense, an employer must articulate a legitimate, non-discriminatory, for the adverse employment action.

Damages

If a violation is proven, an employee may be entitled to various remedies:

• Reinstatement to one’s former position with compensation for lost wages and benefits back to the date of unlawful discharge.

• Payment of the employee’s reasonable attorney’s fees and costs.

• Compensatory damages and, in severe situations, punitive damages.

If you feel you have been subjected to discrimination based on your age, promptly contact an employment attorney to discuss your filing options and remedies. Federal and State law have important deadlines and procedural requirements which must be met in order to successfully preserve and present a claim. Consultation with legal counsel can be beneficial to ensure your rights are protected.

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This blog is written and published by Laufman & Napolitano, LLC

The Family Medical Leave Act (FMLA), is federal legislation applying to certain public and private employers. The act guarantees eligible employees 12 weeks of unpaid leave in a 12-month period for certain family medical matters or for newborns, adoptees or foster child placements.

The FMLA applies to public agencies and school employees as well as to employers of 50 or more workers within 75 miles of the worksite. Employees must have worked at least 12-months for these employers or 1,250 hours within the preceding year.

Covered Circumstances

● Prenatal care

● Care for a newborn child, new adoptee if under 16 and if the employee has become a foster parent in the past years.

● To care for immediate family members with a serious medical condition.

● If the employee has a serious medical condition and is unable to work

Serious medical conditions may include being hospitalized, incapacitated for three consecutive days from work or under continuous treatment from a healthcare provider. Ongoing treatment can also mean taking prescription medications and not necessarily having to see a healthcare provider.

Employees can be required to provide a 30-day notice to their employers if the condition is reasonably foreseeable. They may also be required to provide a medical certification to their employer.

An employer may require the employee to take paid leave before the unpaid leave applies, so long as the employee has been advised. Health benefits must also be maintained for the employee.

Upon return, the employee must be reinstated to their job or its equivalent along with any salary and accrued benefits. The job may not be reinstated if the employee would have been terminated anyway or if it would impose an extreme economic hardship on the employer.

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This blog is written and published by Laufman & Napolitano, LLC

The Americans with Disabilities Act (ADA) was created by Congress in 1990 and went into effect in 1992. The legislation outlaws discrimination and provides equal opportunity for persons with certain disabilities in employment, public accommodations, transportation, public services and commercial services. The Act was amended in 2008. The EEOC has summarized these amendments as follows:

“On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 (”ADA Amendments Act” or “Act”). The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.

The Act makes important changes to the definition of the term “disability” by rejecting the holdings in several Supreme Court decisions and portions of EEOC’s ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.”

Employers may not discriminate in practices that include recruitment, hiring, firing, training, assignment, promotions, pay, benefits, and leave.

Employer Obligations

Under the law, employers must provide reasonable accommodations for those workers with a qualified disability.

Reasonable accommodations may include the following:

• Providing readers and interpreters

• Job restructuring

• Providing or modifying equipment

• Making the workplace readily accessible and usable by persons with disabilities

If you do have a qualified disability, you must be able to perform the essential functions of your job. Otherwise, the employer has no obligation to hire or retain you.

You must also be able to meet the employer’s requirements regarding education, experience, skills or licenses to perform the essential functions of the position. However, an employer cannot deny you a position for the inability to perform nonessential tasks.

When applying for a job, the prospective employer may not ask you about your disability. But they can ask whether you are able to handle the essential tasks of the position with accommodations or without them.

The employer may not ask you to undergo a medical examination unless all employees in your job category are required to do so. Also, the employer may not use the results of an examination to reject you unless they are necessary for the job’s function.

For further questions regarding the employer obligations to disabled individuals, it is best a consult an attorney well versed in ADA law.

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This blog is written and published by Laufman & Napolitano, LLC

Slip and fall cases come under the law of premises liability. In Ohio, like elsewhere, there are rules for determining when and if a property owner is liable to someone injured on their land, home, premises or business.

Causes of Slip and Fall Accidents

A slip and fall can result from any number of causes. The following are some common factors that lead to falls:

• Slippery floor

• Broken step

• Poor lighting

• Defective handrail

• Lack of a handrail

• Spilled food or drink

• Object left on floor

• Falling objects

• Lack of warning

Depending on the person’s health and circumstances of the fall, injured victims could sustain spinal injuries, broken limbs, severe head injuries, even paralysis or death.

Determining Responsibility

Landowners have a duty to keep their properties free of risks and hazards that constitute unreasonably dangerous conditions. However, if you are lawfully on someone’s property, you also have a duty to use common sense and keep yourself safe from hazards or risks that are open and obvious to a reasonable person.

Slip and fall cases are complicated and difficult to prove in many instances. But a skilled and knowledgeable slip and fall lawyer from Laufman & Napolitano may be able to assist. Laufman & Napolitano attorneys have assisted injured slip and fall clients in cases over the years.

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This blog is written and published by Laufman & Napolitano, LLC

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Due process of law is the constitutional guarantee that any legal proceedings brought against a criminal defendant will be fair. It also ensures the defendant will be given reasonable notice of the charges and proceedings and will have an opportunity to be heard in court before being deprived of life, liberty or property.

Any law a criminal defendant is being charged with violating must be reasonable and not applied arbitrarily. A criminal defense attorney is a guarantor that the constitutional rights of any criminal client are protected.

There is substantive due process and procedural due process. The former creates and regulates rights, while procedural due process includes the right to counsel, a speedy trial and to confront witnesses. Criminal defense attorneys also ensure that certain procedures are followed in coherence with constitutional protections.

Examples of Due Process

The first ten amendments to the US Constitution — also known as the Bill of Rights — embody the constitutional guarantees that limit the government’s exercise of power against the individual. Due process rights that apply to criminal defendants include:

• Freedom from self-incrimination

• Right to counsel in criminal prosecutions

• Charges must be proved beyond a reasonable doubt

• Freedom from unreasonable searches and seizures

• Right to a public trial

• Right to an impartial jury of your peers

Criminal defense attorneys protect the rights of their clients by filing motions to challenge evidence which was illegally obtained; by not allowing prejudicial or irrelevant evidence to be heard or considered; and by holding the government to its burden of proof.

Skilled attorneys attack the credibility of witnesses and cast doubt on other evidence brought against their clients. Attorneys also demand from the state access to exculpatory evidence and any evidence that will be used against their client so that a viable and reasonable defense can be presented.

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This blog is written and published by Laufman & Napolitano, LLC