Perez & Morris Diversity in Business Award, photo of team in front of a window

Perez & Morris Garners a Diversity in Business Award

Perez & Morris Garners a Diversity in Business Award

Columbus Business First Names Perez & Morris an Honoree in the Outstanding Diverse Organization Category

COLUMBUS, Ohio, July 18, 2018 – Today, Perez & Morris, LLC, a business defense law firm representing clients in the retail, construction and development, and transportation and logistics industries, announced that it’s been honored with a Diversity in Business Award. Columbus Business First has named the firm an honoree in the Outstanding Diverse Organization category.

The Diversity in Business Awards cover excellence in all areas of diversity, including age, disability, gender, sexual orientation, race and religion, as well as highlighting diverse organizations and individuals across a wide variety of industries. Honorees will be recognized at the Diversity in Business Awards Luncheon Thursday, August 9.

“It’s such an honor to be recognized with an award as an Outstanding Diverse Organization,” said John Perez, founder, Perez & Morris. “Perez & Morris prides itself on maintaining a diverse workforce and encourages diversity in hiring new members of our team. It’s at the center of everything we do. As the largest Hispanic-owned law firm in central Ohio and with nearly 50% of our attorneys women, we absolutely believe in walking the talk when it comes to diversity.”

Perez & Morris actively participates in organizations including Women for Economic and Leadership Development (WELD), the National Association of Minority & Women Owned Law Firms (NAMWOLF), the National Association of Women Business Owners (NAWBO), the National Society of Hispanic MBAs (NSHMBA) and the Ohio Hispanic Chamber of Commerce.

About Perez & Morris

Perez & Morris LLC guides its clients in the proactive management of risk and liability exposure across nearly all business practice areas, focusing on the retail and restaurant, construction and development, banking, and transportation and logistics industries. The firm provides outside general counsel, transactional and business litigation services coast to coast from its offices in Ohio and New York. Founded 20 years ago on the premise that great legal work requires diligence, attention to every detail, and above all, reliable expertise, the firm celebrates diversity as the core of who we are and the heart of our success with our clients across the country.

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Sarah Perez, 40 under 40

Sarah Perez of Perez & Morris Named to 40 Under 40

Sarah Perez of Perez & Morris Named to 40 Under 40

Class of Honorees by Columbus Business First

Perez Selected from a Record Number of Nominees in Long-Running Awards Program

Sarah Perez of Perez & Morris Named to 40 Under 40, Sarah Perez HeadshotCOLUMBUS, Ohio, April 24, 2018 – Today, Perez & Morris, LLC, a business defense law firm representing clients in the retail, construction and development, and transportation and logistics industries, announced that attorney Sarah Perez has been recognized as an honoree in the 40 Under 40 Class of 2018, as selected by Columbus Business First.

Perez has worked to grow the firm’s labor and employment practice area. Throughout her tenure at Perez & Morris, she’s managed multi-million-dollar litigation, negotiated numerous corporate transactions and arbitrated complex commercial matters.

Among Perez’s accomplishments, she has played an active role serving on committees for the past several years for both Women for Economic and Leadership Development (WELD) and the National Association of Minority & Women Owned Law Firms (NAMWOLF).

Most recently, in February, Perez was selected to participate in a panel of industry leaders at Mentoring Monday sponsored by Columbus Business First. She also served as a mentor at the event.

Perez is the founder of the Overcomer Foundation, launched to  economically empower women in the central Ohio community by focusing on access to education and affordable childcare. Through the foundation, Perez hopes to eliminate barriers for women who want to break the cycle of poverty and achieve stability for their families by pursuing the next step in their education.

In addition, Perez is actively involved in her church, Movement Church in Hilliard, as well as in her children’s school activities in Worthington.

“Sarah is visionary in her approach to addressing social and community issues. For the past several years, I have had the privilege to witness Sarah Perez’s commitment to run a purpose-driven law firm that measures its success not just on the number of clients it serves or cases it wins but, far more importantly, on the value and impact it has on the community,” said Barb Smoot, president and CEO of WELD. “As a result, Sarah is sought as a speaker and mentor for women who want to learn how to engage in community service in ways that drive impact, deliver results and bring more meaning to their lives.”

In its 26th year, the 40 Under 40 awards program received a record number of nominations. The honorees will be celebrated with a party at the Hollywood Casino the evening of Thursday, May 24.

“At Columbus Business First we’re very proud of our longest-running awards program, 40 Under 40. This is our 26th year celebrating central Ohio’s most promising next generation of leaders,” said Nick Fortine, president and publisher, Columbus Business First. “This year was our most competitive with over 300 nominations and a record 236 completed applications. Our honorees are among select company.”

About Perez & Morris

Perez & Morris LLC guides its clients in the proactive management of risk and liability exposure across nearly all business practice areas, focusing on the retail, construction and development, and transportation and logistics industries. The firm provides outside general counsel, transactional and business litigation services coast to coast from its offices in Ohio and New York. Founded 20 years ago on the premise that great legal work requires diligence, attention to every detail, and above all, reliable expertise, the firm celebrates diversity as the core of who we are and the heart of our success with our clients across the country.

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NAMWOLF BUSINESS MEETING IN SAN ANTONIO A GREAT SUCCESS!

P&M attorneys John Perez and Sarah Perez attended the 2015 Business Meeting for the National Association of Minority and Women Owned Law Firms (NAMWOLF) last week in San Antonio, Texas.  At the Meeting, the organization delved deeper into how to position minority and women-owned law firms to increase their client base and best showcase their skills and expertise.  In addition, planning is well underway for the 2015 Annual Meeting in Hollywood, California.  We are proud to be members of this great organization and a huge thank you to the Texas-based firms who planned a productive and fun Meeting!

Pictured above: Members of the Labor & Employment Practice Area Committee enjoying a delicious meal at Bella on the Riverwalk.

Rule 409: Offers to Pay Medical and Similar Expenses

Risk Management Flow Chart

Risk cannot be fully eliminated. Part of being a business leader is accepting and mitigating risk. Accidents are a side effect of doing business.

From primary costs to societal costs, accidents are costly. When one occurs, businesses need to respond by assisting the injured. Prompt medical attention reduces the likelihood of serious injury. Indeed, minor untreated injuries can become serious. Whether you are liable or not, offering to pay for the associated medical expenses upfront can greatly decrease your overall risk. Unless, the probative value is substantially outweighed, the evidence of offering to pay or paying cannot be used against you to prove liability.

Rule 409 (The Federal Rules of Evidence) states, “Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.” Indeed, Rule 409 is policy driven to encourage companies to pay for the medical expenses of those injured on their premises. Nonetheless, Rule 409 does not preclude the admission of accompanying statements or the admission to prove a different fact at issue that is not liability.  To develop an accident protocol to help mitigate risk, contact us.

Posted by Sarah Crabtree Perez and Chad Trownson

Attorney Sarah Perez Featured in DRI’s Newsletter, The Voice

Check out the spotlight on P&M attorney, Sarah Perez, published in DRI’s online publication, The Voice.  DRI is a nationwide organization for defense attorneys. We have included the story below as well as link to the publication. http://portal.criticalimpact.com/newsletter/newslettershow5.cfm?contentonly=1&content=23416&id=2837.

DRI- The Voice-150318_Page_1

 

Open-and-Obvious Doctrine Saves Save-A-Lot from Liability

Caution Wet Floor

Slip-and-Fall cases can cost a company substantial dollars.  As just one example, in Cintron-Colon v. Save-A-Lot, Ms. Clinton-Colon was shopping at an Ohio Save-A-Lot when she slipped on “a bright yellow liquid and fell.” Largely due to the nature of the puddle being bright yellow the court concluded that the “liquid would have been observable to a reasonable person. Therefore, the puddle was an open-and-obvious condition and the store owed no duty to the appellant (Ms. Clinton-Colon) to warn of its existence.”

For slip and fall cases, the Supreme Court of Ohio adheres to the open-and-obvious doctrine, which directs a court’s attention to “the nature of the dangerous condition itself, as opposed to the nature of the plaintiff’s conduct in encountering it.” Therefore, the open-and-obvious doctrine requires an objective analysis that looks to whether a “reasonable person would deem the danger open-and-obvious,” rather than the subjective opinion of the victim.

Whether a hazard is visible is not the sole consideration of the open-and-obvious doctrine, the attendant circumstances must also be considered.  Attendant circumstances encompass all the facts involved with the accident. If a distraction occurred that would reduce a reasonable person’s attention, the distraction must be taken into account and a reduction of the amount of care expected.

Not all puddles are bright yellow and carry a strong presumption of being open-and-obvious. Especially in the winter season, floors become wet for a variety of reason and become slipping hazards that could cost you millions. To reduce the probability you are found liable for a slip and fall case, you can post signs indicating the floor is wet at your store entrance. As was held in Finzzo v. Speedway, a Michigan case, “Regardless of whether the wet floor itself was an open and obvious condition, the wet floor signs posted at each store entrance to warn customers of a potential risk certainly were.” The court further elaborated, “The proper display of a wet floor sign makes the danger associated with a wet floor open and obvious as a matter of law, and is in fact why such signs are used.”

 

Authored by Sarah Perez & Chad Trownson

Breaking the Ice; New York’s Law on Clearing Icy Sidewalks

Winter Time, Snow Removing

Living and working in Ohio, we have learned to use extra caution when there are icy conditions. Even with extra caution, walking on ice can be dangerous. Roughly 1% to 5% of falls result in a serious fracture, according to the Journal of Bone & Joint Surgery and it is likely that ice related falls are worse than that. In fact, over 20% of US private industries injuries stem from slip and fall accidents.

19 Action News (a Cleveland news company) recently highlighted the dangers of ice on sidewalks. Most of 19 Action News’ advice falls into two categories; walk careful in proper footwear and to remove ice that creates the danger.

In New York, lawmakers have attempted to define the extra care that is required in clearing the sidewalks.  The New York Administrative Code indicates liability for snow and ice typically begins “four hours after the snow ceases to fall.” There are two main exceptions at play. First, there is an exception for certain nighttime hours (9:00 PM to 7:00 AM). Second, there is an exception if the removal would damage the pavement or the weather does not permit its removal.  If you live or work in New York, you better have your shovel handy.

For More Information:

The National Library of Medicine National Institutes of Health detailed the likelihood of injuries for age, profession, gender and a variety of other factors.

 

Authored by Sarah Perez & Chad Trownson

P&M Successfully Defends Contract Termination, And Helps Client Recover Attorney Fees

P&M successfully defended a national transportation and logistics company (“Logistics Company”) in an arbitration regarding the termination of multi-year contract relating to vending machines.  The vending machine supplier alleged the contract was prematurely terminated and sought three years of lost profits in damages.  The arbitrator found in the Logistics Company’s favor holding the contract had been properly terminated, and awarded the Logistics Company its attorney’s fees and costs.  Bob Nichols of P&M represented the Logistics Company.

Lake Health’s New Pilot Project Benefits Self-Insured Employers

Risk Management Flow Chart

In theory, insurance is directly linked to risk. Imagine flipping a coin. If it lands on heads, then you get $1.05. If it lands on tails, then you lose $1. Chances are you would be willing to play the game because the stakes are low. A risk neutral person would flip the coin because the expected results are favorable. However, most people and established companies are actually risk adverse. Imagine flipping a coin again. But this time, if it lands on heads, you get $105k, but if it lands on tails you lose $100k.

Did your propensity to play go down? If you were forced to play, would you be willing to pay $1,000 to avoid playing altogether? If so, you are likely risk adverse. Insurance companies thrive because of risk aversion.  Through pooling, insurance companies greatly reduce their risk.

Self-insured employers understand the risks and benefits associated with their employee’s health care, which makes Lake Health’s pilot program all the more intriguing.   Lake Health, a Northeast Ohio-based community health system is partnering with Lubrizol Corp., Progressive Corp. and the Lake County Schools Council directly to provide various degrees of health care to roughly 2,500 people.  By cutting out insurance companies, Lake Health and its reported partners could see an enormous windfall and reduced risk. Interesting concept. We will see who follows suit.

 

Authored by Sarah Perez & Chad Trownson

BP Oil Spill: A Case Study in How Limited Liability May Only Go So Far.

Oil Spill On Beach

The Gulf of Mexico oil spill of 2010 is widely considered the worst U.S. oil spill of all time. BP has paid over 40 billion dollars in spill related expenses and may owe around 14 billion more in federal fines.

Litigation surrounding the spill has produced a host of interesting legal issues, and the litigation over the federal fines is no exception. According to the Wall Street Journal (http://www.wsj.com/articles/oil-prices-to-play-into-bp-fine-1421610065), BP believes it “has no obligation to lend money to its subsidiary and that the court should disregard the broader BP group’s financial resources in imposing a fine.” If BP owes no obligation to pay the debts of its subsidiary, then it would not have to pay the roughly 14 billion in federal fines and the subsidiary would most likely go bankrupt or face a smaller fine.

This is one example of how using subsidiaries to reduce risk is a valid business strategy, but it is not full proof. The U.S. Justice Department argues, “BP’s subsidiary is controlled by the parent,” thus BP is responsible for the federal fines. Essentially, the USJD is attempting to remove the limited liability of the subsidiary and make BP fully liable for the subsidiary’s action.

In addition to liability for fines, BP is required to make court-ordered settlement payments to businesses affected by the oil spill pursuant to a settlement agreement approved by the U.S. District Court for the Eastern District of Louisiana in 2012.  Claims may be made for both economic losses and property damage.  The settlement is referred to as the “Deepwater Horizon Court-Supervised Settlement Program.”  Currently, the deadline for affected business to file claims and take part in the settlement is June 8, 2015.  Retailers who have lost sales as a result of the spill and its related decline in tourism and shopping may consider whether they are able to submit a claim.

For more information on the settlement and claims process, visit:  http://www.deepwaterhorizonsettlements.com/

 

Authored by Sarah Perez & Chad Trownson