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The Report

Winter 2012 Newsletter

Court Ruling Expands Insurance Coverage for Claims Against General Contractors Relating to Defective Materials

12/3/2012 - It is very important for contractors to periodically review their commercial general liability (“CGL”) insurance policies to make sure at least some of the many risks they face on a construction project are covered by such policies. CGL policies do not cover all risks on a project. One such risk, the risk of providing materials on a project that turn out to be defective through no fault of the contractor, can be very expensive. However, CGL insurance policies have traditionally not been held to cover such risks.

Severance Benefits May Be Subject to FICA Tax Refund Under Recent Federal Court Ruling

12/3/2012 - A recent ruling by a federal court has opened the door for employers who provided severance benefits to discharged employees— and the workers who received those benefits—to claim refunds for the FICA taxes paid on those benefits. Earlier this month, the United States Court of Appeals for the Sixth Circuit ruled that certain severance benefits paid to workers discharged as part of a reduction-in-force were not wages within the meaning of the FICA tax statute, and as such, were not subject to FICA withholding.

Employment Practices Liability Insurance: Are You Covered?

12/3/2012 - Many businesses now have as part of their overall insurance coverage Employment Practices Liability Insurance (“EPLI”). EPLI policies cover employment claims brought by current or former employees for employment claims like wrongful termination, discrimination, harassment, or retaliation. EPLI policies generally cover the costs of settlement, verdicts, attorney’s fees, and other defense costs. After 20 years on the insurance market, EPLI policies are becoming more mainstream and underwritten by more carriers.

Review Policies and Employment Agreements to Protect Company Assets

12/3/2012 - Social media technologies such as Facebook and Twitter have provided businesses with unprecedented access to wider audiences. Similarly, LinkedIn allows professionals to reach more prospects and inform them about their offerings or skills. While social media can create new opportunities for generating revenue, these tools also expose information traditionally protected by trade secrets laws and non-solicitation covenants at the fingertips of employees who may continue to have access to this information after leaving a job. To avoid this quiet digital invasion, companies should proactively work at protecting their customer relationships and other intangible assets.

In the News

12/3/2012 -

CPM Named Best Law Firm in Columbus Under 50 Lawyers

12/3/2012 - We have been named the Best Law Firm in Columbus (Under 50 Lawyers) in the most recent Columbus C.E.O. magazine Readers’ Poll. For the fifth year, Columbus C.E.O. magazine invited readers to participate in a “Best of Business” poll, recognizing the best service providers in Columbus in numerous business categories, such as Best Bank, Best Chamber of Commerce, Best Law Firm, etc. We are extremely proud that what we have strived for, and believe, has been validated by many of the most successful business people in Columbus. So “thank you” to everyone who helped us achieve this recognition, both inside and outside of our organization!

CPM Welcomes Richard Gerber and Bryan Jeffries

12/3/2012 - We are pleased to welcome Richard S. Gerber and Bryan L Jeffries to the firm as a partner and Of Counsel, respectively.

The Report is published four times a year as a service to business owners and professionals. The information contained in The Report is not intended to be and should not be construed as legal advice. Readers should consult their professional advisors to discuss specific issues and applicability.