Dinn, Hochman + Potter LLC Dinn, Hochman & Potter, LLC 2026-05-18T22:57:05Z https://www.dhplaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1404405/2024/06/cropped-favicon-dinn512-32x32.jpg On Behalf of Dinn, Hochman & Potter, LLC <![CDATA[The pros and cons of build-to-suit leases for expanding companies]]> https://www.dhplaw.com/?p=50435 2026-05-18T22:57:05Z 2026-05-18T22:57:05Z Potential benefits of build-to-suit arrangements A build-to-suit arrangement gives the business leader seeking operational space control over every detail about the property. Especially in scenarios where business regulations or a franchise agreement impose highly-specific standards on specific aspects of the facilities, a build-to-suit lease helps ensure compliance. Additionally, tenants can avoid the hassle of obtaining purchase financing, which can be difficult for startups or businesses growing rapidly. There are also tax benefits, as the amount paid in rent is often fully tax-deductible.

Potential drawbacks of build-to-suit leases

Any construction project is at risk of delays due to issues with labor, raw materials or permits. While the landlord manages the project, there is never a guaranteed project completion date. Particularly when businesses want to establish a toehold in the local market promptly, a build-to-suit lease might leave them in limbo for months while competitors establish themselves. Build-to-suit leases can be relatively costly when compared with leases for existing spaces that the tenant customizes, and qualifying for them can be more difficult. Landlord may also demand a long-term commitment to the space to offset the investment they must make in erecting or modifying improvements on the property. The needs of a business and the demands of a landlord offering build-to-suit opportunities are among the issues that a potential commercial tenant should consider carefully. Reviewing proposed lease paperwork and facility requirements for a company with a skilled legal team can help business leaders to better ensure that they make smart decisions before moving forward with a commercial real estate transaction.]]> On Behalf of Dinn, Hochman & Potter, LLC <![CDATA[Expanding your family business out of state]]> https://www.dhplaw.com/?p=50432 2026-04-22T18:52:07Z 2026-04-22T18:52:07Z Expanding a family business beyond Ohio can be an exciting prospect, but it can also be more complicated than many small business owners initially expect. What works well in one state does not always translate seamlessly into another. Careful planning can help family business owners to avoid costly missteps. For example, many businesses choose to register as a “foreign entity” in a new state rather than forming an entirely new company. This allows an existing Ohio business to operate across state lines while maintaining its original structure.  However, registration requirements vary, and failing to properly register can lead to fines or limits on one’s ability to enforce contracts in a new state. This is just one of the reasons why – if you’re a small business owner in Ohio looking to expand – it’s important to seek experienced legal guidance and support right from the start. A proactive approach can mean the difference between success and unending stress. 

A multi-step process is necessary

State-specific regulations can also be consequential. Licensing requirements, tax obligations and employment laws can differ significantly from state to state. For example, wage laws, overtime rules and employee classification standards may not match those in Ohio. If your business relies on specific permits or certifications, you will need to confirm whether those credentials transfer or if new approvals are required. Taxes are often more complex than anticipated when a business crosses state lines, too. Expanding into another state can inspire additional filing obligations, including income, sales and payroll taxes. Some states impose franchise or gross receipts taxes that may not exist in Ohio. Understanding when your business has established a sufficient presence, or “nexus,” in the new state is going to be important when it comes to staying compliant. Ownership structures that worked informally within one location may also need to be formalized when operating in multiple jurisdictions. Clear agreements about roles, decision-making authority and profit distribution can help prevent disputes as the business grows.  Contracts should also be reviewed and updated. Vendor agreements, customer contracts and leases may need to reflect the laws of the new state. Provisions that are enforceable in Ohio may not hold up elsewhere, particularly when it comes to non-compete clauses or dispute resolution terms. Expanding out of state offers growth opportunities, but it also raises the stakes. Seeking legal guidance and support proactively can help you stay on top of what you need to know as your business becomes a new resident of a new state. ]]> On Behalf of Dinn, Hochman & Potter, LLC <![CDATA[Using litigation to seek justice for the theft of trade secrets]]> https://www.dhplaw.com/?p=50373 2025-10-09T20:32:49Z 2025-10-14T20:32:31Z What does litigation entail? Trade secrets have legal protection, much like other forms of intellectual property. In cases where there is proof beyond a reasonable doubt of corporate espionage or the intentional misappropriation of trade secrets, the federal government could pursue criminal charges against the parties involved. In such cases, litigation is frequently an option, as proof strong enough to secure a conviction is also strong enough to win a lawsuit. Even in scenarios where federal prosecutors do not take action, organizations affected by the theft of trade secrets could still fight back. A judge could issue an injunction preventing one party from releasing or utilizing trade secrets. Other times, successful trade secret litigation could lead to financial compensation. When presented with proof that the distribution or misuse of trade secrets has led to economic consequences, judges can award damages to plaintiff organizations.

Leaders need support during litigation

Even businesses with in-house legal teams may need outside help for complex lawsuits. Legal issues like a former partner’s wrongdoing, a competitor trying to access private data or even corporate spying can be serious. Working with an experienced attorney can help business leaders understand the situation and decide on the best course of action. A lawsuit can help a company recover losses caused by stolen trade secrets. It can also help stop more damage from happening in the future. Taking the time to prepare for complex business cases can make a big difference.]]> On Behalf of Dinn, Hochman & Potter, LLC <![CDATA[5 reasons for commercial real estate buyers and sellers to work with an experienced attorney]]> https://www.dhplaw.com/?p=50321 2025-10-09T20:32:13Z 2025-10-09T20:32:13Z 1. Experience in complex transactions Commercial real estate deals often involve complex contracts and legal documents. A skilled lawyer can help you understand these documents, ensuring all terms are clear and beneficial for you. They can spot potential problems and negotiate terms that fit your needs.

2. Risk management

Conducting thorough due diligence is essential in real estate transactions. A lawyer will check the property's legal status to ensure there are no hidden issues like liens or zoning problems. Their expertise can help prevent unexpected legal problems.

3. Stronger negotiation skills

Lawyers are experienced negotiators. They can represent you to get the best possible terms. Whether negotiating price adjustments, contingencies or closing terms, a lawyer can focus on your interests and work for the best outcome.

4. Knowledge of regulations

Commercial real estate transactions are subject to various local, state and federal regulations. An experienced attorney ensures that your transaction complies with all applicable laws, avoiding costly fines or legal disputes down the line.

5. Personalized guidance

Every real estate transaction is unique. An attorney can provide personalized legal advice tailored to your specific situation, helping you make informed decisions and avoid common mistakes.

You can protect your investments with the right legal guidance

The risks and complexities of commercial real estate transactions make hiring an experienced lawyer a smart choice. Their knowledge not only protects your interests but also increases the chances of a successful transaction.]]> On Behalf of Dinn, Hochman & Potter, LLC <![CDATA[3 important elements of a business succession plan]]> https://www.dhplaw.com/?p=50319 2025-04-24T02:12:10Z 2025-04-24T02:12:10Z establish succession plans. A succession plan helps the company address an unexpected vacancy and transition a new professional to a key role within the company. Every succession plan is unique, but there are typically three steps that executives, owners and other important employees may need to complete when establishing a succession plan.

Clarify job responsibilities

Frequently, the true obligations of high-performing professionals go beyond the baseline job description. Professionals typically need to highlight the various job responsibilities that come with their position at the company. That way, the person who replaces them can ensure they fulfill all of those different responsibilities. Any information not provided in training materials or a job description may require inclusion in a succession plan.

Identify potential candidates

Succession planning is often about recognizing who could theoretically take over a position at an organization. Business leaders might recognize that certain employees have the skills or charisma necessary to take over their roles in the future. A solid succession plan may include the names of multiple candidates who could fill a role at the company. It may also include criteria for other candidates who might enter the company or apply for a vacant position.

Highlight necessary training

Particularly when a succession plan identifies a handful of internal candidates, a succession plan may also need to acknowledge any shortcomings they have as far as work experience or specialized training. The company can then communicate with those individuals and offer them the training they need to eventually fill a different role within the organization. Executives who accept new positions with companies have to complete succession planning as a requirement of their employment. Other executives and business owners may choose to establish succession plans to help protect the companies that they operate. Preparing for a smooth transition when a professional must leave their position with little advance notice can help protect the organization and everyone who relies on the company.]]> On Behalf of Dinn, Hochman & Potter, LLC <![CDATA[Addressing disputes over fiduciary duty]]> https://www.dhplaw.com/?p=50316 2025-03-31T21:50:16Z 2025-03-31T21:50:16Z a legal obligation where one person, called the fiduciary, must act in the best interest of another person, known as the beneficiary. This duty is based on trust and confidence. For example, a trustee managing a trust for beneficiaries must prioritize the beneficiaries’ interests above all else. Fiduciary duties are common in various relationships, such as between business partners, corporate directors and shareholders, and financial advisors and their clients.

Examples of fiduciary duty violations

Professionals can violate their fiduciary duty in several ways. Here are five examples:
  1. Misappropriation of funds: This occurs when a fiduciary uses the beneficiary's funds for personal gain. For instance, a financial advisor might invest a client's money in a personal venture without permission.
  2. Conflict of interest: A fiduciary must avoid situations where their personal interests conflict with their duty. For example, a corporate director might approve a contract that benefits their own company rather than getting the best deal for the corporation they serve.
  3. Failure to disclose information: Fiduciaries must provide all relevant information to the beneficiary. If a business partner hides critical financial details from the other partners, it constitutes a breach of fiduciary duty.
  4. Negligence: This happens when a fiduciary fails to act with the care that a reasonably prudent person would. For example, a trustee might neglect to manage the trust's assets properly, leading to financial loss.
  5. Self-dealing: This occurs when a fiduciary acts in their own interest rather than the beneficiary's. For instance, a real estate agent might sell a property to a relative at a lower price without informing the client.
As illustrated here, violating fiduciary duty can take many forms. One thing they all have in common is that violating the obligation undermines the trust and confidence placed in the fiduciary.

Resolving fiduciary duty disputes in Ohio

Fiduciary duty disputes can be resolved through legal action. The harmed party must prove that a fiduciary relationship existed, the fiduciary breached their duty, and the breach caused harm. Disputes can be settled in court, where a judge will determine if the fiduciary acted improperly and decide on appropriate remedies, such as compensation for damages. Alternate dispute resolution (ADR) involving mediation or another format is also an option. Typically, ADR involves a neutral third party helping both sides reach a mutually agreeable solution. This can be a faster and less costly alternative to litigation.

The importance of legal guidance

Navigating fiduciary duty disputes can be complex. A business law attorney experienced in litigation and ADR can provide invaluable assistance. They can help you understand your rights, gather evidence, and represent you in court or in alternate dispute resolution. Seeking legal guidance ensures that you handle disputes effectively and protect your interests.]]> On Behalf of Dinn, Hochman & Potter, LLC <![CDATA[Pros and cons of business dispute resolution methods]]> https://www.dhplaw.com/?p=50312 2025-03-18T03:21:09Z 2025-03-18T03:21:09Z alternative dispute resolution methods. There are several that we’ve worked with, but they aren’t always appropriate for your situation. Let’s look a little more closely at each one to explain potential benefits and drawbacks:

Negotiation

Negotiation is a natural part of each and every dispute. As part of the litigation process, you will likely meet with the other side frequently to try to resolve things.
  • Pros: It provides more direct control of the proceedings. Successful negotiation is cheaper than most other resolution methods.
  • Cons: Power imbalances between parties can lead to unfair outcomes, negotiation can end with a stalemate easily
Negotiation is often most appropriate for motivated parties who are more or less equal in power.

Mediation

Mediation could be considered a “guided” negotiation, with a neutral third party hearing all sides and providing a unique solution to the issue.
  • Pros: Inherently more collaborative than litigation, completely confidential as it is a private resolution method, seen as a better way to preserve relationships.
  • Cons: Mediation is not binding and requires both sides to be willing to accept the mediator’s decision.
Mediation works best for parties who are not on equal footing and who have significant reasons to distrust the process but are motivated to have a more amicable process.

Arbitration

Arbitration is like mediation with negotiations guided by a neutral third party, but the participants sign an agreement to uphold whatever the arbitrator decides.
  • Pros: Binding decisions mean faster resolutions and, as it is a private method, all discussions are confidential.
  • Cons: There is a limited opportunity to appeal if you do not like the outcome and it is much more formal and less flexible than mediation.
Arbitration is a proven way to solve concerns, and it is an ideal choice for parties who must reach a resolution quickly and quietly.

Minitrials

Minitrials are private trials, held by a private judge, which can allow parties to get a realistic view of the outcome of their case.
  • Pro: Focused process and structures allow for specific discussion of main problems, it reveals information about the entirety of the case and is a controlled way to present the case informatively.
  • Cons: It is less expensive than going to trial if it is successful, but its success is far from guaranteed. Some may see a minitrial as a “training run” for a full trial, disclosing strategies and witnesses.
A minitrial is not appropriate for most situations and is often only for parties with the time and resources to attempt a larger process.

Only you can make the right choice

Whatever alternative dispute resolution method you choose will be up to you and the party you are in dispute with. We can advise you on the options and represent you in the proceedings, but how you move forward must be your decision.]]> On Behalf of Dinn, Hochman & Potter, LLC <![CDATA[Understanding easements in real estate transactions in Ohio]]> https://www.dhplaw.com/?p=50297 2025-01-06T22:50:30Z 2025-01-06T22:50:30Z What are easements? An easement is a legal right to use someone else's property for a particular purpose. In Ohio, easements can be created in several ways, including through deeds, contracts or even by long-term use. They can be permanent or temporary and may benefit a specific piece of land or an individual.

Types of easements

Ohio recognizes various types of easements. The most common are:
  • Utility easements: Companies can access your property for power lines or pipes.
  • Right-of-way easements: Provide access to landlocked properties.
  • Conservation easements: Protect natural resources on private land.
Easements must describe the property, explain the easement's purpose, and be properly signed and recorded. They can sometimes be created by implication or long-term use, but these situations are less common and often more complicated.

Rights and responsibilities

Easement holders have the right to use the property as specified in the agreement. However, they must use it reasonably and avoid unnecessary damage. Property owners must allow this use but can still use their land in ways that don't interfere with the easement. Most easements in Ohio "run with the land," meaning they transfer to new owners when they buy the property. However, some personal easements (called "in gross" easements) may not transfer. Understanding which type of easement affects a property before buying or selling is important. Easements can be complex, and their impact on property rights and value can be significant. Seeking help from an Ohio real estate attorney can ensure you understand your rights and obligations regarding easements. They can help draft or review easement agreements, resolve disputes, and protect your interests in real estate transactions. Property owners and buyers should understand easements are an important aspect of Ohio real estate law. They can affect how you use your property and its value. If you're dealing with easements in a real estate transaction, consider consulting with a local attorney to protect your rights and interests.]]> On Behalf of Dinn, Hochman & Potter, LLC <![CDATA[Does your business use noncompetes? Watch out for the FTC’s rule]]> https://www.dhplaw.com/?p=50174 2024-07-30T08:39:47Z 2024-07-30T08:39:47Z What does the new rule entail? The FTC’s looming Noncompete rule seeks a ban on new agreements throughout the country. This could apply to all workers, including senior executives. Furthermore, it may also invalidate all existing noncompete agreements except for those on senior executive positions. It could take effect on September 4, 2024. It is important to note, however, that this rule is not yet final, and its status remains up in the air. Ohio businesses can still benefit from noncompete agreements.

Noncompetes can be enforced in Ohio

Your business can enforce a noncompete agreement as long as it is valid. For it to be valid, it must:
  • Have reasonable limitations on the timeline, location and services when restricting a worker from entering new employment
  • Come with another agreement such as employment or financial compensation
  • Safeguard your company’s business interests
If your noncompete agreements meet these requirements, you could enforce them to protect your business. It may prevent:
  • Former employees from disclosing your business’ sensitive information and secrets
  • Rival businesses from poaching your employees
  • New competition from arising
While the FTC’s rule may change the landscape for business competition if it comes to pass, it is not yet final. Your Ohio business can benefit from noncompete agreements, but it may also be beneficial to look into other ways to protect your company’s interests.]]> On Behalf of Dinn, Hochman & Potter, LLC <![CDATA[Successful strategies for family business succession]]> https://www.dhplaw.com/?p=50175 2024-07-18T06:29:32Z 2024-07-18T06:29:32Z Transitioning a family business from one generation to the next is a delicate process. Every family and business is unique, making it essential to tailor the succession plan to your specific situation. 

Establishing a succession plan early

Developing a detailed succession plan well in advance allows for a more seamless transition. The plan should outline who will take over leadership roles and how you’ll divide responsibilities. Early planning also provides time to address any potential conflicts or issues that may arise.

Identifying and training successors

It's important to identify potential leaders within the family who have the skills and dedication needed for the role. Once identified, providing these individuals with the necessary training and mentorship will prepare them for future responsibilities. It could include formal education, on-the-job training, and leadership development programs.

Legal and financial considerations

Addressing the legal and financial aspects of business succession is another vital component. It involves setting up the appropriate legal structures. These include trusts or family limited partnerships, to ensure a smooth ownership transfer. It's also important to consider tax implications.

Communication and transparency

Regular family meetings and transparent discussions are important. Discuss the future of the business can manage expectations and prevent misunderstandings. It's important to involve all relevant family members in the planning process and address any concerns they may have.

Balancing family and business interests

Finding a balance between family dynamics and business needs can be challenging. It's important to establish clear boundaries and separate family issues from business decisions. Implementing formal governance structures, such as a family council or board of directors, can help maintain this balance and provide a platform for addressing any disputes that arise.

Evaluating and adapting the plan

A succession plan should not be static; it needs to be regularly reviewed and updated to reflect changes in the business and family circumstances. Periodic evaluations ensure that the plan remains relevant and effective. This allows for adjustments to be made as necessary, ensuring that the business is always prepared for the future.

Navigating the future with confidence

Successfully managing business succession in a multi-generational family enterprise requires careful planning, clear communication, and a willingness to adapt. By taking these steps, you can ensure the long-term success and stability of your family business, passing it on to the next generation with confidence and clarity.]]>