DOCSLIB.ORG

KMK Legal Update Seminar Wednesday, December 3, 2014

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

KMK Legal Update Seminar Wednesday, December 3, 2014 One East Fourth Street | Suite 1400 | Cincinnati, OH 45202 513.579.6400 | kmklaw.com Table of Contents Tab 1 Attorney Professionalism: Beyond Civility ° Bea Larsen, Esq., Senior Mediator, Center for the Resolution of Disputes ° Robert Rack, Esq., Mediator/Co-founder of Beyond Civility Tab 2 Strategies for Dealing with Financially-Troubled Customers & Suppliers ° Robert G. Sanker, Business Representation & Transactions Partner, KMK Law Tab 3 Electronic Signatures: The Law, Emerging Practice & Potential Pitfalls ° Robert C. Lesan, III, Business Representation & Transactions Partner, KMK Law Tab 4 FLSA Avoidance & Litigation Strategies: In-house Counsel Panel Discussion ° Kasey L. Bond, Labor & Employment Partner, KMK Law ° Christopher Brown, Esq., Corporate Counsel, Total Quality Logistics, Inc. ° Ralph Lee, Vice President of Human Resources, Total Quality Logistics, Inc. ° Gregory M. Utter, Litigation Partner, KMK Law Tab 5 10 Recent Litigation Decisions Every Attorney Should Know ° Joseph M. Callow, Jr., Litigation Partner & Practice Group Co-Leader, KMK Law Tab 6 Commercial Real Estate Panel: Legal Update & Financing Trends ° Jody T. Klekamp, Real Estate Partner, KMK Law ° Kenneth P. Kreider, Real Estate Partner, KMK Law ° Geoffrey G. Leder, Real Estate Attorney, KMK Law ° Barrett P. Tullis, Real Estate Partner, KMK Law ° Daniel P. Utt, Real Estate Partner & Practice Group Leader, KMK Law Tab 7 Ethics Panel: Supervision and Legal Outsourcing ° Mark J. Chumley, Labor & Employment Partner, KMK Law ° Danielle M. D’Addesa, Litigation Partner, KMK Law ° Emerson C. Moser, Vice President & Assistant General Counsel, General Cable Corporation ° Erica O’Brien, Esq., Senior Labor & Employment Practices Counsel, Cintas Corporation ° F. Mark Reuter, Business Representation & Transactions Partner, KMK Law Page 2 Tab 8 Attorney Professionalism: Providing Effective Leadership in our Supervisory Roles ° Deborah Pearce, Communications Consultant, Pearce Communications Group, LLC Tab 9 Speaker Contact Information Additional Resources Available Online Additional resources are available to event attendees on our event website: http://www.kmklaw.com/news-events-259.html Nothing in this presentation is intended to be legal advice. Please consult with counsel of your choice with regards to any specific questions you may have. © 2014 Keating Muething & Klekamp PLL. All Rights Reserved. Page 3 KMK Legal Update Seminar Wednesday, December 3, 2014 b t a " # t$$ % w w Introduction James C. (Jim) Kennedy Business Representation & Transactions Attorney KMK Law Page 4 Attorney Professionalism: Beyond Civility Bea Larsen, Esq. Senior Mediator Center for the Resolution of Disputes Robert (Bob) Rack Mediator/Co-founder Beyond Civility Page 5 Beyond Civility Communication for Effective Governance Political gridlock in Washington accomplished at least one useful thing. Local political leaders and public officials knew they could do better and decided to address the problem from the ground up by building relationships and improving communication—starting with their own! On the tenth anniversary of 9/11 a bi-partisan group of judges, elected officials, Democratic and Republican Party leaders, business people, academics and media representatives began a non-profit organization called Beyond Civility: Communication for Effective Governance (BC). Our goal was to reduce the polarizing demonization of ideological adversaries and the dysfunction it causes; to increase the ability of advocates on different sides of important issues to communicate to solve problems rather than endlessly arguing about them. The approaches we developed vary. Communication Workshops bring politically diverse groups of 12 to 20 people to three half-day sessions to identify specific barriers to problem solving dialogue and to learn and practice techniques for overcoming them. Side-by-Sides place two well known elected officials, a Democrat and a Republican, on stage to answer questions about the people and events from their early years that helped form their world views and thus their political positions today. Back-to-Backs have engaged high profile advocates known to hold opposite views on such critical and controversial issues as the death penalty, income disparity, taxes, voter ID laws, and the like in a kind of reverse public debate. All these programs are designed to build personal relationships and respect for different points of view and the people who hold them. They bring citizens together to witness partisan leaders demonstrate understanding and respect for people and ideas we frequently demonize and often don’t understand. Beyond Civility events offer unique opportunities for citizens to see the people behind the political personas and sound bites, to engage with leaders as normal, interesting human beings. Page 6 Why Go “Beyond Civility”? Many of us observe the national political scene with dismay and yearn for greater civility. We’d like to keep those wolves, polarization and demonization, away from our door here in River City. But what do we mean by civility? When someone addresses us, ever so politely, by saying “with all due respect,” we hear the undertone and think that what they are really saying is “you don’t have a clue.” Which is precisely why our group selected the name “Beyond Civility,” with the emphasis on the word “Beyond”. Our mission is to find ways to diminish divisive communication in governance, and in the public arena, so that well reasoned problem-solving can take place, so that even when positions or beliefs are polarized, a useful conversation continues, rather than being shut down with combative language. Then reasonable, evidence-based, compromises can be explored. In the last couple of years, we’ve learned a lot in our Beyond Civility “movement”. First, that when you come to understand how your negotiating partner’s belief system was formed, what have come to be their “moral intuitions,” and know something of their life story, the influences of their formative years, of family, teachers, friends, and other leaders, it becomes much easier to talk meaningfully and problem solve together. This is true for our public servants, the engaged citizenry and even in our very personal relationships. And, we have learned that communication is a choice. The mindful selection of the words we speak matters. They drive another away and evoke an angry response, or encourage meaningful listening and a search for understanding and solutions. We do not fool ourselves into believing we can influence campaign rhetoric. But once the dust settles and our public servants take a seat at the governance table, how they choose to communicate with each other, in private and in public, and the words we choose as we communicate with our public servants, as well as with others who agree or disagree with our thinking, makes a difference. Page 7 Side-by-Side It is easy to objectify and demonize people we don’t know personally. We know that with many friends and family members relationships foster empathy and compassion that can trump animosities that arise from differences in values and opinions. Unfortunately, it seems Americans have few personal relationships with people other than family who don’t share their politics or ideology. Side-by-Side events break down stereotypes and invite audiences to come to know local political figures as unique individuals. Typically, two politicians — a Democrat and a Republican – take turns answering questions designed to elicit stories about and reflections on their formative early life experiences. Audiences report overwhelming increases in respect for the politicians holding views least like their own and in confidence that they could have a constructive conversation with them. Similarly, Side-by-Side presenters themselves seem to find bonds of recognition and respect that can support trust and collaboration in the future. Page 8 Back-to-Back Arguments are rarely productive when we feel we aren’t being heard or understood. We tend to keep repeating ourselves, usually at higher volumes! If you want to stop someone from shouting and improve the chances of their listening to you, first demonstrate that you understand their point. In Back-to-Backs, high profile advocates of opposing positions on important legal or public policy issues agree to articulate as convincingly as possible the other side’s views. They must keep at it until the person on the other side says “I couldn’t have said it better myself.” Back-to-Backs are challenging, as you can imagine, but they’re fun, engaging and informative. They also demonstrate a skill notably lacking in today’s polarized political climate: the ability to understand and show respect for someone else’s position even while believing and advocating to the contrary. Trying on the shoes of others, especially those with whom we most strongly disagree, can open minds and soften hearts. Doing this requires self-confidence, courage and determination. We are grateful to all of our participants for stepping forward to demonstrate this depolarizing exercise, and hope others – politicians and citizens alike – will follow their example and try it themselves. Page 9 Communication Workshops One of Beyond Civility’s first initiatives to improve governance was to invite a bi- partisan group of approximately 20 local elected and civic leaders to explore together the neurological and social barriers to constructive dialogue between
Recommended publications
  • Who Rules Cincinnati?

    Who Rules Cincinnati?

    Who Rules Cincinnati? A Study of Cincinnati’s Economic Power Structure And its Impact on Communities and People By Dan La Botz Cincinnati Studies www.CincinnatiStudies.org Published by Cincinnati Studies www.CincinnatiStudies.org Copyright ©2008 by Dan La Botz Table of Contents Summary......................................................................................................... 1 Preface.............................................................................................................4 Introduction.................................................................................................... 7 Part I - Corporate Power in Cincinnati.........................................................15 Part II - Corporate Power in the Media and Politics.....................................44 Part III - Corporate Power, Social Classes, and Communities......................55 Part IV - Cincinnati: One Hundred Years of Corporate Power.....................69 Discussion..................................................................................................... 85 Bibliography.................................................................................................. 91 Acknowledgments.........................................................................................96 About the Author...........................................................................................97 Summary This investigation into Cincinnati’s power structure finds that a handful of national and multinational corporations dominate
  • The Beyond Civility Update

    The Beyond Civility Update

    feature article Beyond Civility — !"#$%& By Robert W. Rack, Jr. wo years ago, on the 10th initiatives now behind us, we’d like to person and would be more likely to listen anniversary of September 11th, share some of the lessons learned. to what he or she had to say in the future. two prominent members of our First, we learned from recent stud- Many were surprised by the change in TBar, Tim Burke and Alex Trianta!lou, ies in psychology and neuroscience that their attitude. Trespectively the chairmen of the people form what moral psychologist It seems these personal stories trans- Hamilton Country Democratic and Jonathan Haidt calls our “moral intu- formed the presenters in the audience’s Republican Parties, issued a joint press itions” early in life. $ese beliefs steer our eyes from political symbols to people release suggesting core values that thinking and listening into and through with families and in%uences and troubles both parties and all Americans hold in adulthood. $ey dictate whom we trust much like their own, opening the space common. Soon a"er, partly inspired and believe and what we accept as true or for empathy and enabling a more genu- by that press release, a group of judges, false. As anyone who has tried to change ine human connection. lawyers, and other In a unique event we civic leaders formed called a Back-to-Back, Repub- Beyond Civility: While changing minds was not the goal, lican State Rep. Lou Blessing Communication for and Democratic State Rep. E#ective Governance opening minds was, and that appears to Denise Driehaus bravely took (beyondcivility.
  • Abstract a Political Economic Analysis of Cincinnati's

    Abstract a Political Economic Analysis of Cincinnati's

    ABSTRACT A POLITICAL ECONOMIC ANALYSIS OF CINCINNATI’S DOWNTOWN REDEVELOPMENT SCHEME CENTERED AROUND THE CONSTRUCTION OF PROFESSIONAL SPORTS STADIA James Anthony Brown The purpose of this analytical case study is to explore the political economy of stadium construction and the urban growth strategy and redevelopment scheme that occurred in Cincinnati covering the years from 1993 to 2003. This case study was developed to provide an integrated view of the historical, social, economic, and political forces that defined the conditions in which this strategy was embedded within the class factions of the dominant. Information gathered to develop this study included mainstream newspaper accounts (including those from the newspaper’s website), and miscellaneous articles and texts. The city’s professional sports franchise’s (i.e., the Cincinnati Bengals’) complaints of economic downturn were blamed on, and due to, Riverfront Stadium’s inadequate number of revenue producers (e.g., lack of sufficient number of skyboxes, club seats, and a restaurant) compared with league (NFL) averages. The franchise’s relocation threats garnered certain city and county leaders’ support in providing a new stadium to prevent their departure and paved the way for a new image and re-birth of downtown Cincinnati—economically, physically, and socially. Such support was not monolithic evidence of a lack of consensus in what might have been presumed to be a hegemonic elite. While most of the information gathered for this thesis stemmed from mainstream sources that are often the vehicles from the perspectives of the dominant, my use of the “official” media is selective and primarily empirical. A critical analysis is provided.
  • 2020 Voter Guide

    2020 Voter Guide

    2020 THREE WAYS TO VOTE VOTER NOVEMBER GUIDE 3 NONPARTISAN VOTER INFORMATION VOTE BY MAIL VIA VOTE EARLY AT THE VOTE IN-PERSON AT COVERING HAMILTON COUNTY, OHIO ABSENTEE BALLOT BOARD OF ELECTIONS YOUR POLLING PLACE FEATURED IN THIS GUIDE: HOW TO VOTE: About this guide ...................................................................... 02 How to vote by mail ................................................................02 Where and when to vote early .......................................02 About your polling place ....................................................02 What ID to bring to the poll ...............................................03 WHO ARE MY CANDIDATES? FEDERAL President of the United States .........................................03 United States House of Representatives..................03 STATE Ohio State Senator .................................................................05 Ohio State Representative .................................................05 Ohio State Supreme Court Justice ............................. 09 Ohio State Appellate Court Judge ................................10 LOCAL Hamilton County Officials .................................................... 11 Hamilton Co. Court of Common Pleas Judges ....16 WHAT ARE MY BALLOT ISSUES? Local City and Village Issues ............................................. 21 ELECTION INFORMATION YOU NEED Cincinnati Public Schools Tax Levy ..............................22 Norwood City Schools Tax Levy .....................................23 Winton Woods City Schools
  • Central Riverfront Urban Design Master Plan

    Central Riverfront Urban Design Master Plan

    Hamilton County/Cincinnati Central Riverfront Urban Design Master Plan Prepared by urban design associates Prepared for Hamilton County and The City of Cincinnati april2000 urban design associates Table of Contents Acknowledgements Executive Summary 1 1 Summary of the Plan 1i Planning Process Planning Process 8 i Concept Plan 1i Final Urban Design Master Plan Urban Design Analysis 13 i Concept Plan Focus Groups 1i Urban Design X-Rays® Urban Design Principles 17 Frameworks 26 Development Program 30 Urban Design Master Plan 33 i Urban Design Master Plan ii Urban Design Initiatives Urban Design Guidelines for The Banks 58 i Urban Design Guidelines ii Architectural Guidelines iii Streets and Parking iv City Streetscape Standards Appendix 84 ZHA Report Broadway Commons Plan ERA Report Glatting Jackson Kercher Anglin Lopez Memorandum The Banks urban design associates Central Riverfront Urban Design Master Plan Acknowledgements Steering Committee City of Cincinnati Hamilton County Charlie Luken Bob Bedinghaus Mayor, City of Cincinnati Hamilton County Commissioner Minette Cooper John S. Dowlin ViceMayor, City of Cincinnati Hamilton County Commissioner Paul Booth Tom Neyer Jr. City Council Member Hamilton County Commissioner Pat DeWine David J. Krings City Council Member Hamilton County Administrator Phil Heimlich City Council Member Former City Council Members Todd Portune Roxanne Qualls City Council Member Tyronne K. Yates Alicia Reece City Council Member Jeanette Cissell James R. Tarbell Bobbie Sterne City Council Member Dwight Tillery Charles Winburn City Council Member Former County Commissioners John Shirey City Manager Guy C. Guckenberger urban design associates Central Riverfront Urban Design Master Plan Riverfront Advisors Commission County &City Staff Jack Rouse Susanne Burke Chairman Director, Administrative Services David Anderson Terry Evans Clifford A.
  • Catalytic Development: (Re)Creating Walkable Urban Places

    Catalytic Development: (Re)Creating Walkable Urban Places

    Catalytic development: (Re)creating walkable urban places Christopher B. Leinberger and Tracy Hadden Loh May 2018 The Anne T. and Robert M. Bass Initiative on Innovation and Placemaking 1 Catalytic development About the authors Christopher B. Leinberger is a land use strategist, teacher, developer, researcher, and author, balancing business realities with social and environmental concerns. Mr. Leinberger is the Charles Bendit Distinguished Scholar and Research Professor and Chair of the Center for Real Estate and Urban Analysis at the George Washington University School of Business. He has been affiliated with The Brookings Institution since 2005 as a Visiting Fellow and as a Nonresident Senior Fellow. Tracy Hadden Loh is a data scientist at the Center for Real Estate and Urban Analysis at the George Washington University School of Business. Dr. Loh's research explores the idea of metropolitan areas as emergent systems, and applies data mining, simulation, statistical modeling, and geographic analysis to topics such as commercial real estate, stormwater management, and bicycle facility network planning. Her PhD in city and regional planning is from the University of North Carolina at Chapel Hill. The research described in this paper was partially funded through a gift to The George Washington University from Bedrock, the real estate subsidiary of the Rock Ventures Family of Companies, which includes Quicken Loans. Other funding has come from the Board of Advisors of the GWU Center for Real Estate and Urban Analysis. Neither author has had, or currently has, any financial interest in any of the six case studies that formed the basis of this research.