z

z

Information Everyone Should Know About Drinking +

Driving in Ohio

presented by Rasheeda KhanJanuary 16, 2014

z

The Basics: Ohio OVI Law

+R.C. 4511.19 – prohibits the operation of a vehicle while under the influence of alcohol, a drug of abuse or both, OR with a specified concentration of alcohol or certain controlled substances or metabolites of those substances.

z

The Basics: Ohio OVI Law

+No operating a vehicle while under the influence of alcohol and/or drugs.

+No operating a vehicle with a specified concentration of alcohol or drugs.

z

The Basics: Ohio OVI Law

+Operation = cause(d) movement+Vehicle = car, truck, boat, snowmobile, tractor, bicycle, tricycle

z

You are Guilty of OVI if:

+you test over .08 and are not impaired.

OR+you test under .08, but are impaired.

z

You are Guilty of OVI if:

+“Under the influence” = consuming enough to adversely affect or impair your ability to drive.

z

Penalties – First Offense OVI

+First Degree Misdemeanor – punishable up to 6 months in jail / $1000 fine.

+Mandatory minimum: 3 days in jail or DIP, $375 fine

+Driver’s License Suspension – up to 3 years+Mandatory Minimum: 6 month suspension

+Reinstatement Fee: $475

z

What to Expect if Pulled Over

z

Typical OVI Arrest Scenario

+Evening Hours+Driver gets pulled over for minor traffic violation or an accident occurs

+Officer suspects you are under the influence

+Note: It is permissible to pull you over for even minor traffic or equipment violations.

z

Important

+Any time you are pulled over and have been drinking, expect to become the subject of a criminal investigation

+ANYTHING YOU SAY OR DO CAN AND WILL BE USED AGAINST YOU!!

z

Irrelevant Statements

+I only had a couple of drinks. +I am on my way home. Home is only a block away.

+I am fine to drive.

z

Test for Arrest = Probable Cause+Based on the totality of circumstances+Miranda Rights do not apply until you are under arrest

z

Probable Cause in an OVI

+Slurred speech+Odor of alcohol+Bloodshot/glassy eyes+Admission of drinking “just had a couple” +Bad driving

z

Field Sobriety Tests

+Horizontal Gaze Nystagmus (HGN)+Walk and Turn +One Legged Stand

+Just because you didn’t throw up or fall down, doesn’t mean you passed the test!

+These tests are voluntary!

z

Unstandardized Field Sobriety Tests+Alphabet / Alphabet backwards+Finger to nose+Portable Breath Test

z

Do You Take the Test or Refuse?+After arrest: Officer will ask you to take a chemical test

+If you test .08 or over, you will lose your license for 6 months.

+If you refuse to take the test, you will lose your license for 1 year.

+Remember: even if you test UNDER .08, you can still be charged and convicted of OVI.

+After arrest, you may or may not go to jail.

z

Next Steps

+Court date in 5 business days

+Arraignment+Decisions to make: Plead Guilty, Plead Not Guilty, Ask for a Continuance

+Typical Reductions +Reckless Operation +Physical Control

z

Lesson: Get a Cab!

Don’t assume that if you only had 2 glasses of wine, you will not be charged with OVI.

z

Thank You!

Rasheeda Khan, DirectorKegler Brown Hill + Ritterrkhan@keglerbrown.comkeglerbrown.com/khan614-462-5481

z

presented by Loriann E. FuhrerJanuary 16, 2014

Social Media + the Workplace

z

#HasJustineLandedYet

z

+“Japan is really advanced. They don’t go to the beach. The beach comes to them.”

+“I just split up with my girlfriend, but like the Japanese say, ‘They’ll (sic) be another one floating by any minute now.’”

-Gilbert Gottfried

z

[Intentionally Left Blank]

z

+“I find it ironic that Detroit is known as the #motorcity and yet no one here knows how to [bleep]ing drive.”

z

Common Sense Takeaways

+Slow Down+Resist the lure of the “Like”+Understand the true audience+Be mindful of the technology

z

National Labor Relations Act

+Protected Concerted Activity+the right to act together to try to improve their pay and working conditions, with or without a union

+Protected Speech+Discussion of Wages or Hours+Discussion of Working Conditions

+Avoid policies that “would reasonably tend to chill employees in the exercise of” rights

+Cannot prohibit “friend”-ing of co-workers

z

Trouble in Mind…

+Construction contractor fires employees who appeared in a YouTube video complaining of hazardous working conditions.

+Clothing store fires employees for complaining on Facebook about the fact that their employer wouldn’t close the store an hour earlier, when the other stores closed.

+Engineering firm fires employee for discussing salary information with co-workers.

z

Not Protected Speech:

+Posting confidential company information+Posting information about the company’s products or services, as opposed to working conditions

+Posting information relating to customers or competitors

+Posting harassing or other personal comments about co-workers that are not related to terms and conditions of employment

+Mere “venting” or “gripe sessions”

z

Laraine Cook Revisited

+Hearing Panel reversed termination+Inappropriate conduct and bad judgment, but termination unfair remedy

+No Social Media Policy in place, or “may have been avoided”

+Ordered to “adopt a social media policy to avoid confusion about standards of conduct….”

z

Use of Social Media in Firing

+Before terminating based on information obtained through Social Media, consider:

+Does your policy clearly prohibit the conduct?+Is the speech protected as “concerted action regarding terms and conditions of employment” under NLRA?

+What is the risk of a claim that the termination was motivated by discriminatory intent?

z

Employer Use of Social Media in Hiring Decisions+39% of employers use social media to evaluate candidates

+43% say information from social media factored into decision NOT to hire

+19% say information from social media factored into decision TO hire

z

Use of Social Media in Hiring

+Employers are not prohibited from accessing public social media pages when hiring

+Do not request usernames and passwords+Do not “faux friend”+Caution: Cannot unlawfully discriminate based on information obtained via social media

+Use third party or walled-off employee

z

Discovery of Social Media

+Relevance in Employment Cases:+Refute disability or medical condition (ADA, FMLA)+Hostile work environment – what is “hostile” or “offensive”?

+Damages – extent of emotional distress; failure to mitigate

+Accessing Social Media Posts:+Publicly available is fair game+No fake friending or using employee’s friend as intermediary

+Request through formal discovery requests

z

Duty to Preserve

+Obligation on every party to litigation not to destroy or permit destruction of relevant evidence

+Duty arises when party knows of, or reasonably anticipates, litigation

+Sanction for destruction of evidence is “adverse inference”

z

+“Although privacy concerns may be germane to the question of whether requested discovery is burdensome or oppressive and whether it has been sought for a proper purpose in the litigation, a person’s expectation and intent that her communications be maintained as private is not a legitimate basis for shielding those communications from discovery.”

• EEOC v. Simply Storage Management, LLC, 270 F.R.D. 430 (S.D. Ind. May 11, 2010)

z

+“You are what you share.”• Charles Leadbeater, We Think: The Power of

Mass Creativity

z

+“There are many things of which a wise (wo)man might wish to be ignorant.”

• Ralph Waldo Emerson

z

Thank You!

Loriann E. Fuhrer, DirectorKegler Brown Hill + Ritterlfuhrer@keglerbrown.comkeglerbrown.com/fuhrer614-462-5474614-774-6127 (mobile)

z

presented by Vinita Bahri-MehraJanuary 16, 2014

International Trade in a Legal Context

z

+Goods, services, technology, contract rights, money and/or people are moving from one market or legal jurisdiction to another market or legal jurisdiction.

+The cross-border nature of the trade and exchange means that the law of two jurisdictions or markets/countries apply to the transaction as well as principles of international law.

International Trade in a Legal Context

z

Export Goods,

Services, Technolo

gy, IP, People, Money

from USA

Import Goods,

Services, Technolo

gy, IP, People, Money

into Foreign Market

Exports from a Market Equals Imports Into a Market

z

Laws that Apply to International Trade1. The specific laws of each nation and this

includes not just the national or federal laws but also the laws of political subdivisions within a nation such as states, provinces, cities, etc.  

2. Public International Law which is the law that governs the relationship among countries and international entities—tax treaties, multi-country agreements such as Convention on International Sale of Goods

z

Laws that Apply to International Trade3. Private international law which is the

procedural law that governs or determined what laws will apply to a cross border matter or dispute.

4. Supra national laws which are the laws of regional agreements such as the European Union and trade blocks such as SAARC, Asean, NAFTA. (e.g., India, China, Singapore, Thailand, USA).

z

USA export laws re: goods, services,

technology, IPExport Controls,

ITAR, OFAC

Foreign Markets Import laws re: goods, services, technology, IP, approval and

registration of products, services,

technology

Export/Import Laws of U.S. + Foreign Market

z

USA Finance laws re: Transfer of

Money to Foreign Country and

financial reporting, foreign

bank accounts, transfer pricing

issues, taxes

Foreign Markets Financial Control Laws re: foreign currency, foreign

investments, transfer pricing,

financial reporting, taxes, import duties and

fees

Financial Laws of U.S. + Foreign Market

z

USA laws applicable to

contracts, sale of goods, services,

technology, IP, financing, resolving conflicts International

treaties on IP, Sale of Goods,

Contracts, Resolving Conflicts,

Taxes

Foreign markets laws re contracts, sale of goods,

services, technology, IP,

solving conflicts

Laws Affecting the Private Relationship of Parties

z

+The transfer/movement of goods, services, technology, money and/or people can be:

+a physical transfer+an electronic transfer+a transfer of rights (such is IP rights in Trademarks, Patents, Copyrights, Trade Secrets)

International Trading or Transfers

z

Buying Music with a Smart Phone+A physical device designed in US, made in China, sold in Brazil using US technology and IP.

+User in Brazil orders music that is downloaded electronically from servers in Europe and including a limited transfer of IP rights to the purchaser which also leads to electronic payment authorizations from a local bank in Brazil and payment anywhere in the world.

z

+Exporting + Importing

+Sales Agents in foreign country

+Employees in foreign country

+Contract Manufacturing

+Joint Venture

+Foreign Subsidiary

+Distributorship

+Franchises

+Licensing and other contractual arrangements

Principal Means of Cross-Border Business

z

+Successful international business requires a global mindset

+The ability to develop and interpret criteria for personal and business performance that are independent from the assumptions of a single country, culture, or context; and to implement those criteria appropriately in different countries, cultures, and contexts.

Global Mindset

z

+Analysis of Opportunity Requires Risk Analysis

Market Risks (unexpected market changes, raw material prices, supply problems, new competitors)

Regulatory Risks (changes in regulatory scheme)

Socio-Political Risks (political/social instability/changes to government programs)

Due Diligence – Risk Analysis

z

+Economic/Financial Risk (non-payment by third parties, changes in monetary exchange rates)

+Operating Risks (inability to maintain high standards of efficiency and production, infrastructure problems, labor issues)

+Management Risks (inability to comply with international ethical and compliance norms; poor fit with local culture)

Due Diligence – Risk Analysis

z

+Government + Political Environment+Judicial System/Dispute Resolution/Governing Law+Transparency, fairness, IP protection, rule of law+Taxation system on imports, income, and sales+Ease of repatriation of funds and earnings+Ease of starting a business and types of structures+Ease of avoiding permanent establishment+Ease of enforcing contracts+Labor/Employment/Immigration Laws

Due Diligence on Foreign Market Structures + Culture

z

Things to Ponder

+Do Business Internationally…the Global Way: ‘Think Global, Act Local’

+P&G’s – Shampoo Sachet+Kellogg’s – no to cold cereals?+McDonalds – ‘McVeggie Burger’ & ‘McAloo Tikki’+Pizza Hut/Pizza Express – spicing it up+Oreo Cookies – Mint Flavor

+Due Diligence is the Key+Knowledge of international business and legal environment leads to steady growth.

z

Legal Advice

+This presentation is designed to provide an overview of a number of legal principles and considerations.

+As each legal issue is fact dependent, this presentation should not be used or viewed as legal advice, and your legal counsel should be consulted on the application of your particular factual situation to the current law.

+Copyright: 2014 Kegler, Brown, Hill + Ritter LPA

z

Thank You!

Vinita Bahri-Mehra, DirectorAsia-Pacific Team LeaderKegler Brown Hill + Rittervmehra@keglerbrown.comkeglerbrown.com/bahrimehra614-255-5508614-464-2634 (fax)

z