Author Archives: Jay Butchko
Ex-Employees, Social Media Accounts, & Civil Litigation
One of the common areas where questions arise concerning the intersection of business torts and breach of contract has to do with what rights and obligations both employers and employees have when employees leave that employer’s workplace. One specific area where this question arises involves social media accounts that employees have used, including those… Read More »
Supplement Claims That Violate Consumer Protection Laws
A major consumer protection issue that has emerged since the onset of COVID in 2020 involves supplement products that claim to help cure, treat, prevent, and/or mitigate the illness. According to the FTC, these claims violate both the FTC Act and the COVID-19 Consumer Protection Act, opening a number of companies that sell the… Read More »
The Importance Of The Right Dispute Resolution Clause In Contracts
As attorneys who regularly work on breach of contract disputes, we are familiar with the full gamut of dispute resolution clauses written into contracts – the good, the bad, and the ugly. While the right dispute resolution clause can help ensure that parties have a smooth procedure in place for any disagreements that come… Read More »
Fall Brings Unwarranted Depositor & Overdraft Fees
There are two especially egregious consumer protection issues that the Consumer Financial Protection Bureau has recently turned its attention to due to the number of consumers negatively affected by them: 1) Overdraft fees charged to consumers even though they have enough funds in their account to cover a withdrawal or check and 2) Indiscriminately… Read More »
Motions For Summary Judgment In Contract Cases
As attorneys who work in general civil litigation and breach of contract disputes, one of the first questions that must be answered in a breach of contract case – and, indeed, can be the subject of the litigation itself – is whether a contract ever existed in the first place. In a contract dispute,… Read More »
How Ohio’s New Appropriations Law Affects Property Seizures
In early November, the Supreme Court of Ohio issued a ruling on a lawsuit brought by a local park district to acquire an individual’s property through eminent domain in order to allow for the construction of a recreational trail. The concept of eminent domain can be a frightening one: In a nutshell, the Constitution… Read More »
What Is A “Bait and Switch” Contract?
As attorneys who work in contract disputes and consumer protection, we frequently speak with clients about a phenomenon known as “bait and switch,” whereby a seller will create a disingenuous offer in order to ‘lure’ in a buyer, only to turn around and make a major ‘switch’ in that contract; whether that involves charging… Read More »
Breach Of Contract Vs. Copyright Case Could Have Far-Reaching Effects
A breach of contract lawsuit that is making its way to the US Supreme Court could have major implications for copyright violation claims and breach of contract disputes. The case – ML Genius Holdings LLC v. Google LLC – involves allegations that Google illegally lifted content from the website Genius and posted this content… Read More »
Consumer Protection Laws Not Only Protect Individuals, But Also Businesses
While it is true that a number of consumer laws have historically been applied to individuals and households, according to recent reports, this is changing: A growing number of those behind these laws, including the courts, are increasingly defining “consumer” to also include small- and medium-sized businesses when it comes to prohibitions on deceptive… Read More »
Unpaid Water Bills, Liens, & Foreclosure In Ohio
One of the most surprising aspects of real estate law in Ohio is that individuals can have a lien placed on their property for failing to pay a water bill – a lien which can then lead to foreclosure and losing your home – a move which, to many, sounds far too extreme. This… Read More »