Tucker Ellis

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Stays of Trial Court Proceedings Pending Appeal

August 31 2016 It is a well-recognized principle of appellate law that merely filing a notice of appeal does not completely divest the trial court of…

Are you using the phrase "hold harmless" incorrectly? Does "indemnify" only apply to third-party claims?

April 2 2018 Many legal commentators have considered the meaning of “indemnify and hold harmless” and advised to drop the “hold harmless” part of this couplet…

Finders' fees: folklore and fact on regulation

August 14 2012 The capital markets are heating up, and as a result we are seeing increased interest in raising private capital for early-stage and private equity transactions.

Federal jury clears producer, marketer, and seller of homeopathic products in $255m class ...

September 18 2015 In a class action of importance to producers, marketers, and sellers of homeopathic products, on Friday, September 18, 2015, a federal jury in the…

Federal Jury Clears Leading Homeopathic Flu Remedy Manufacturer in Class Action Trial

June 17 2016 On June 16, in a class action of importance to producers, marketers, and sellers of homeopathic products, a federal jury in the false advertising…

Are You Properly Addressing Working Capital In Your Purchase Agreement?

September 4 2018 Almost every M&A transaction includes some form of working capital true-up, and yet many practitioners, including attorneys, accountants, and business…

Cybersecurity Safe Harbor Against Data Breach Lawsuits Becomes Ohio Law

August 16 2018 On August 3, Ohio Governor John Kasich signed the Data Protection Act, which provides a safe harbor against data breach suits to businesses…

Your Real Property Taxes Are Going Up. What Now?

August 4 2018 As a property owner in Cuyahoga County, you may have recently received the county’s “Proposed Value Notice” informing you that your real property…

How should cash and rollover equity be treated in the working capital true-up?

July 16 2018 In part one of this series, I suggested that the parties to a deal should not just settle for the trailing twelve month (TTM) average in calculating…

Courts Split on the Viability of Claims Challenging "Hypoallergenic" Labeling

July 16 2018 As is often the case with labeling for cosmetic and personal care products, there is no federal standard or definition governing the use of the term…