OSHA Issues Final Rule To Increase Protection For Construction Workers In Confined Space

On May 1, 2015, OSHA published its final rule for confined spaces in the construction industry. The new regulation covers building construction sites, highways, bridges, tunnels, utility lines, and other types of construction activities. The new rule is similar to the existing general industry rule on confined spaces but differs in several respects.

For more information about the new rule, click here.

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New Texting and Driving Decision in Delaware


A recent case in the state of Delaware adds to the growing body of case law interpreting state statutes banning the use of cell phones and other hand-held electronic devices while driving. In Johnson v. Nelson, 2015 Del. Super. LEXIS 224, decided on April 29, 2015, the trial court determined that the mere presence of a cell phone in a vehicle next to the driver is insufficient to establish that the driver was in fact using the cell phone just before or during an accident – particularly when the cell phone records establish that the last text sent from the phone was sent over a minute and a half prior to the accident.

According to the most recent data published by the National Highway Traffic Safety Administration, from 2004 to 2012 the percentage of drivers holding cell phones to their ear while driving hovered between five and six percent – despite increasing national and state campaigns from several different entities to decrease the use of cell phones (both texting and talking) while driving. That amounted to approximately 660,000 people at any moment of the daytime hours driving while using a cell phone.

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William R. Adams

  William R. Adams

Ohio’s 2006 Dormant Mineral Act

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Ohio Supreme Court Issues Ruling in Dodd v. Croskey Clarifying the 2006 Dormant Mineral Act


On June 18, 2015, the Ohio Supreme Court issued a unanimous decision in Dodd v. Croskey regarding certain procedural requirements under Ohio’s 2006 Dormant Mineral Act (“2006 DMA”). In its decision, the Court held that a “claim to preserve” timely filed by a mineral interest holder in response to a surface owner’s notice to abandon is sufficient to preserve the severed mineral interest regardless of whether a “savings event” occurred within the 20 years prior to receipt of the surface owner’s notice of abandonment. Though this case only involved interpretation of the 2006 DMA, it will be followed by several other opinions further clarifying the 2006 DMA and application of the statute as originally enacted in 1989.

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Larry A. Silverman


Larry A. Silverman

Any company or non-profit with an online presence (and these days, that’s just about every company or non-profit of any size) must provide visitors to its website with a number of pieces of information. While the amount of and nature of the information your website will need to include will vary depending on the nature of your business and what information, services and products your website offers, maintaining compliance with the numerous and ever-changing legal requirements applicable to websites requires vigilance and ongoing review. In order to understand and appreciate these legal requirements, it is important to understand how your website operates; the services or products available on the site; whether there are interactive areas where User Generated Content is posted; what, if any, personally identifiable information is collected on the site; whether you plan on sharing the information you collect with third parties; and what steps you are taking to keep the information you collect secure.

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