In a growing and increasingly complex healthcare industry, our health care law practice group works hospital and physician clients on developing innovative ways of increasing and maintaining revenue, addressing employment and ownership issues, and ensuring compliance with ever-changing Stark and Anti-Kickback self-referral laws and HIPAA privacy laws, including the preparation of Fraud and Abuse, and HIPAA Compliance Plans.  We also advise and counsel physicians on the formation and operation of professional practices, including managed care arrangements, preferred provider agreements, referral relationships, employment contracts and independent contractor agreements.

Our Health Care Practice Group:
Fred J. Haupt 
Randall C. Hunt
John M. Tucker
Jason F. Haupt
Nathan D. Vaughan
Gregory W. Watts
Laura A. Brady

There are two aspects to our employment practice. The first is to learn your corporate culture and philosophy and to proactively work with your company to comply with laws and regulations, and to avoid legal problems. We like to assist our clients in finding avenues to accomplish their goals. We work with you to find a way to accomplish a goal rather than telling you the law says you cannot do something.   The second aspect of our practice involves solving problems that have already occurred. This aspect includes defending employment litigation, appearing at administrative hearings, arbitrations, or responding to the EEOC, OCRC, or OSHA. 

Specifically, the following areas are included in our labor and employment law practice:

• Litigation. We have extensive experience in employment litigation matters of all kinds, including Wrongful Discharge, ADA, Title VII, ADEA, FLSA, Intentional Infliction of Emotional Distress, Defamation, and other claims raised in employment cases. We have been very aggressive in response to litigation or administrative actions filed against our clients and have been very successful with the results. We recognize that employment litigation is often more “personal” and “emotional” than much business litigation.
• Counsel and Advice. We provide counsel and advice to clients on all issues relating, but not limited to, employment planning, layoffs, discipline, terminations, sexual harassment, Fair Labor Standards Act, Family and Medical Leave Act, discrimination, public records and the Sunshine Law.
• Equal Employment Opportunity. Our office has had substantial experience in representing employers who have been charged with discrimination on the basis of sex, age, race, religion, national origin, and disability. We have successfully tried cases before the Ohio Civil Rights Commission and the state and federal courts for both private and public sector employees.  
• Grievances and Arbitrations. Our office has had extensive experience in the area of grievance and arbitration matters. We have worked with almost every well-known arbitrator in northeastern Ohio and have had excellent results in our work in this area.  One of our attorneys, Leslie Iams Kuntz has been recognized for her expertise in this area when she was asked to act as an author for the well-known arbitration publication, “How Arbitration Works” by Elkouri & Elkouri. 

Our Labor & Employment Practice Area:
John Bogniard
Paul H. Malesick II
Karen Soehnlen McQueen
Leslie Iams Kuntz
Edward D. Murray, Certified Specialist, Workers' Compensation Law by the Ohio State Bar Association
Scott M. Zurakowski
Michael J. Bogdan, Certified Specialist, Labor & Employment Law by the Ohio State Bar Association
Lisa A. Fike
Kristen L. Pederzolli

The Firm's Oil, Gas & Minerals Law Practice Section is headed by Attorney William G. Williams.  Attorney Williams has over 30 years experience in oil and gas and frequently speaks to groups of landowners in our region on topics such as the Utica Shale and oil and gas lease negotiations.  Attorney Williams has been named to the list of “Best Lawyers in America®” for Oil & Gas Law (2007-2012) and named to the list of Ohio Super Lawyers® for Natural Resources Law for the 8th year.  Attorney Williams was the only attorney in the state who was honored appearing on both lists as voted by his peers.

The Firm's Oil and Gas Attorneys work hand-in-hand with the other Sections within the Firm in order to provide full service representation to producers as well as landowners.  Landowners and oil and gas producers have the opportunity to receive quality oil and gas representation from a Firm that also has the ability to provide complex and specialized legal expertise in a variety of other areas such as workers’ compensation, labor and employment, litigation, estate planning, environmental, merger and acquisition, and securities law.  Additionally, the Firm is geographically centered in the middle of the Utica Shale play and is thus uniquely situated to provide legal representation to landowners and producers seeking to lease or sublease their Utica Shale oil and gas rights.

Our Oil and Gas lawyers have been heavily involved in the recent Utica Shale oil and gas leasing activity and have successfully represented eight landowners' groups each consisting of hundreds of landowners who desired to lease their Utica Shale oil and gas rights.  These landowners' groups, led by our Oil and Gas lawyers, were able to negotiate a strong lease agreement to protect the landowners' interests with solid financial terms. 

The Firm's Oil and Gas lawyers have also been successful in representing local oil and gas producers in the negotiation of subleases and assignments of their Utica Shale lease rights currently held by production.  Additionally, the Section has been active in  representing its clients in resolving disputes with the United States EPA and United States Army Corp of Engineers.

Whether you are a landowner looking for oil and gas leasing guidance, estate planning and wealth protection expertise relative to oil and gas royalties, or a producer looking for assistance in mergers and acquisitions, subleasing or litigation, the Firm as a whole, has the ability to provide you with the necessary legal support. 

Meet our Attorneys
William G. Williams, Esq.
Attorney Williams leads the Practice Section and is heavily involved in both landowner leasing as well as mergers, acquisitions, gas transportation contracts, rights of way and litigation for oil and gas producers and the negotiation of Utica Shale oil and gas lease agreements and assignments and sublease of Utica Shale rights.

Dean A. Swift, Esq.
Attorney Swift brings a wealth of experience to Firm's Gas and Oil Practice Group.  He has served as General Counsel and Secretary of North Coast Energy, Inc., in Twinsburg, Ohio and was Counsel of Aurora Oil & Gas Corporation in Traverse City, Michigan.  Prior to joining the firm, he has practiced privately, working primarily with clients in the gas and oil industry.  He has been a speaker for the Eastern Mineral Law Foundation, Petroleum Development Institute, Ohio State Bar Association, and American Association of Petroleum Landmen.

Nathan D. Vaughan, Esq.
Attorney Vaughan has assisted in the formation of the Firm's Utica Shale oil and gas landowner lease groups and is also heavily involved in reviewing titles for landowners and producers in an effort to clear title for oil and gas leasing.  In 2012, Attorney Vaughan was the only attorney in the state named to the list of Ohio Rising Stars (top attorneys under 40) by Ohio Super Lawyers  in the area of Energy and Natural Resources Law.

Gregory W. Watts, Esq. 
Attorney Watts' practice is focused in the areas of estate planning, corporate, general litigation as well as oil and gas law, and includes reviewing oil and gas abstracts and title searches to determine mineral ownership.  Attorney Watts also regularly assists in curing title defects in oil and gas leases.

Jacqueline Bollas Caldwell,  Esq.
Attorney Caldwell works in the Firm’s Environmental Section and has been actively involved in assisting producers in responding to Section 308 information requests/subpoenas from the United States EPA as well as assisting producers in defending claims asserted by the United States Army Corp of Engineers, Ohio EPA and/or involving the United States EPA.

Edward V. Buehrle, Esq.
Attorney Buehrle provides counsel to landowners and operators involving negotiation of Oil and Gas Leases and Pipeline Right of Ways.

Scott G. Hastings, Esq.
Attorney Hastings is the Vice President of Alpha Land Title Agency, Inc., a licensed underwriter, and spends the majority of his time reviewing title work and abstracts to determine clear title to property and oil and gas rights.

Attorneys David E. Butz and Matthew P. Mullen  co-chair the Firm's litigation practice section consisting of over seventeen attorneys.  This team assists in defending oil and gas clients in complex litigation, and represent landowners in title litigation surrounding their oil and gas rights.

John B. Schomer, Esq.
Attorney Schomer is an experienced commercial litigation attorney.  Attorney Schomer served as trial counsel in Yoder v. Stocker Sitler & Columbia Gas in a jury trial which resulted in Holmes County's largest verdict of over $300,000 in compensatory damages and over $600,000 in punitive damages for The Yoders.

Utica Shale Boom Hits Ohio
Due to the increased ability to produce oil and gas from the Utica Shale deposits through horizontal drilling techniques and hydraulic fracturing, the United States has unlocked significant amounts of gas and oil reserves.  Set forth below, are links providing the extent of the Utica and Marcellus play in Ohio as well as the technology associated with horizontal drilling and hydraulic fracturing that have helped to assist in unlocking oil and gas from the Utica shale play in Ohio.
Areas of Utica and Marcellus Potential in Ohio
Map of Utica Permitted Wells in Ohio
Weekly Shale Permits in Ohio

Guides to Leasing Your Utica Shale Oil and Gas Rights
Ohio has recently been hit with a wave of leasing frenzy caused by the Utica shale.  The Utica shale leasing activity has caused lease rates to be raised from several dollars per acre to several thousand dollars per acre.  This new wave has created a number of questions and concerns for landowners and other professionals involved in the real estate field.  Below are articles designed to assist both landowners and other professionals in dealing with the recent Utica shale leasing frenzy:
Negotating Your Pipeline Right Of Way
You Just Received an Offer to Lease Your Oil, Gas & Mineral Rights, What Should You Do?
Removing Expired Oil & Gas Leases From Your Chain of Title
FAQS on Oil & Gas Leasing
FAQs On Leasing & Drilling in Ohio
Utica Shale Oil & Gas Rush:  The Landowner's Perspective
Current Issues in Oil & Gas Leasing
Negotiating Your Oil & Gas Lease
How to Recover Abandoned Oil and Gas Rights Under Ohio's Dormant Mineral Act
Your Water Rights and The Utica Shale

Locating Oil and Gas Wells and Records
To find oil and gas wells in Ohio or to learn about the history and permit status of oil and gas wells in Ohio click on the links below:
Ohio Oil & Gas Well Emergency Response System
Oil & Gas Well Locator
Ohio Well Production and Permitting Records

Environmental Issues Associated with the Utica Shale
The increased leasing activity in the Utica shale has also brought about concerns with the potential environmental ramifications from shale well drilling.  These concerns have been based primarily upon reported problems in West Virginia and Pennsylvania.  Unfortunately, many landowners and producers do not have access to regulatory information and guidance on the environmental issues at hand.  Set forth below are various links to information provided by regulators:
Marcellus Shale Gas Well Production Wastewater
EPA on Hydraulic Fracturing
Water Sampling Fact Sheets
Environmental Safety at Well Site
Hydraulic Fracturing

Current News from the Ohio EPA
Proposed Changes to Oil and Gas Regulations:
The Division of Oil and Gas Resources Management is requesting comments on proposed amendments to 22 of its existing rules, which have been drafted pursuant to Senate Bill 165, effective June 30, 2010 and to complete the required five-year review of these rules. These changes are in addition to the well construction rules that have recently been put out for comment and are available for review at the following website:
http://www.ohiodnr.com/oil/amended_rules/tabid/23683/Default.aspx

Division Proposes New Well Construction Rules
The Division of Oil and Gas Resources Management is requesting comments on draft well construction rules, which have been drafted pursuant to Senate Bill 165, effective June 30, 2011 [O.R.C 1509.17]. The draft rules encompass every aspect of well construction and will be applicable to all wells drilled within Ohio and can be viewed at the following website:
http://www.ohiodnr.com/tabid/23649/Default.aspx

On July 29, 2011, the Ohio EPA issued draft Qualifiying Criteria and a Draft Model General Permit for the Oil and Gas Industry for 30 day notice and comment (see links below).  Ohio EPA's cover letter concerning the same (link below) states that the Ohio EPA Division of Air Pollution Control (DAPC) has been working to determine what, if any air pollution requirements apply to well-site operations for the oil and gas industry, with an emphasis on Marcellus/Utica shale drilling.  The cover letter notes that Ohio EPA has done this work in anticipation of significant growth in the Marcellus/Utica gas industry in Ohio.

Ohio EPA summarized its work, stating that its belief is that the typical activities that occur during the drilling and fracturing phase at a well site are exempt from any air pollution permit requirements.  However, DAPC determined that some of the equipment used during the production phase of the well are not exempt from permitting requirements and, therefore, need permitting.  The following appears on Ohio EPA's website concerning the draft Qualifying Criteria and the Draft Model General Permit at issue:

On July 29, 2011, Ohio EPA issued for comment draft Qualifying Criteria and draft Model General Permit terms and conditions for natural gas well site operations. See the bottom of the web page: http://www.epa.ohio.gov/dapc/genpermit/genpermits.aspx for links to these materials. Comments are being solicited now in order to help the Ohio EPA develop an appropriate General Permit. The official General Permit 30-day comment period will occur later.
Draft Cover Letter 
Draft Qualifying Criteria
Draft Model General Permit

If you have any questions concerning this, please contact Attorney Jacqueline Bollas Caldwell at 330.497.0700.

Laws Governing Oil and Gas and Utica Shale Drilling in Ohio
Ohio's oil and gas laws have been updated with the increased oil and gas drilling and exploration associated with the Utica Shale.  Below are links to summaries of Ohio's regulatory framework:
Ohio Oil & Gas Law Summary
Ohio Hydraulic Fracturing Program Review
Ohio Legislative Service Commission Sub. S.B. 165
Overview of Ohio's State Lands Oil and Gas Leasing Program

Videos
Marcellus Shale Drilling Coalition
Chesapeake

Planning for loved ones with special needs can be a daunting task.  Preserving access to public benefits such as Social Security payments and state medical coverage are of paramount importance to disabled individuals who receive personal injury settlements or to parents who wish to protect a disabled child’s inheritance.  This highly technical area of the law incorporates aspects of estate planning, guardianship and administrative law.  Attorneys at our firm who focus on this area, work with clients and families to enhance the quality of life for those affected by disability and provide peace of mind that the needs of a disabled loved one will be met.