For the 4th year in a row Dahman Law will be sponsoring the Berkshire Triathlon benefiting Nationwide Children’s Hospital.

Since its beginning in 2012, the Berkshire Triathlon has raised over $15,000 while hundreds of people have had a great time being active. So Dahman Law is very proud to sponsor the 2015 Berkshire Triathlon.

The event is a sprint distance triathlon followed by a BBQ with yard games and a silent auction. Some of the better reasons to participate are that the triathlon is not competitive (meaning you can do whichever parts you please and go at your own pace), you can do it as a team (one person does the swim, another person rides, and a third runs), and there is City Barbecue and cold beverages waiting at the finish line.

100% of the proceeds from the Berkshire Triathlon will be donated directly to Nationwide Children’s Hospital and an annual pediatric patient family in need. There are zero administrative costs.

American City Business Journals’ local affiliate, Columbus Business First, recently announced its “Forty Under 40” class of 2015 and selected Dahman Law founder Samir Dahman as an honoree.

As a rising professional and community leader, Samir received the award given to individuals who have made exemplary leadership contributions to their legal, business and civic communities.   The 2015 honorees were chosen from a field of more than 350 nominations, a record for the 23-year program.

Dahman was extremely pleased to receive the award noting that “I have received a tremendous amount of guidance and support from family, friends, and mentors in my life, for which I am so grateful.”

#40U40

In the Saturday, March 14, 2015 edition of the Columbus Dispatch, Dahman Law attorney Samir B. Dahman was quoted for providing insight on digital estate planning.  Although not quoted, Research Analyst Aaron Burnside also contributed significantly to the article.

The article can be found online at Guide to Life: How to handle online accounts during estate planning

So What is Digital Estate Planning?

It is planning for how your digital assets will be protected and accessed after someone passes away.

What You Can do to Protect your Digital Assets?

• The first thing would be to set up an estate plan, likely including a trust.
• Generally, the best thing to do is to appoint someone (such as the executor of your estate) to take control of your digital accounts, make a list of all of your online accounts and passwords, and give clear instructions on how to handle each account.
• Uniform Law Commission (ULC) has drafted the “Fiduciary Access to Digital Assets Act”
  • aimed to allow executors and trustees complete access to deceased’s digital assets
• Ohio does not have any laws regarding the digital property of a deceased person.
  • 9 States have laws giving a representative of the estate the right to access some or all of the deceased’s digital property, depends on the state
    • VA, CT, RI, IN, OK, ID, NV, DE, NC
  • Several others have started the legislative process
    • MD, MI, ME, NE, NH, NJ, NY, OR, PA

How do I access a family member’s online accounts once they’ve passed?

• Companies are very protective of users’ privacy, even after death
• The ability to access or delete a family member’s account varies depending on the company and the privacy policy.
• Generally, you will need:
  • some sort of proof of your relationship to the deceased (i.e. a copy of your authority as Executor of the estate, a signed declaration stating that you’re immediate family)
  • Proof of the account user’s death (i.e. a copy of the death certificate, a copy of the obituary)

On January 8, 2015, Dahman Law attorney Jonathan N. Olivito argued the appeal of a favorable jury verdict on behalf of client RAE Associates, Inc. to the 10^th District Court of Appeals, Case No. 14-AP-482.

Olivito is a first year attorney and fresh graduate of Ohio State University’s Moritz College of Law.  Normally, appellate oral arguments are reserved for senior attorneys.  But because Olivito was ready for the responsibility and the firm strives to give every team member as rich of an experience as possible, Olivito was tasked with the challenge.

The Moritz College of Law noticed Olivito’s unique opportunity and interviewed him for an article on the law school’s website and weekly electronic newsletter.  The article is posted here.

Samir Dahman, firm founder, explained “we want to give everyone as much responsibility as they can reasonably handle.  It reminds us that we all make an impact and are critical to client success.  Some people call it ‘taking ownership’ – we call it routine.”

Dahman Law attorney Jonathan N. Olivito argued the appeal of a favorable jury verdict on behalf of client RAE Associates, Inc. to the 10^th District Court of Appeals, Case No. 14-AP-482.

After prevailing at a week-long trial, the unanimous jury not only awarded Dahman Law’s client RAE Associates $41,727.61 on its breach of contract complaint against Nexus Communications, Inc., but also rejected Nexus’ claim for $652,112.08.

Nexus first objected to the jury’s findings by objecting to the Magistrate’s Decision.  Then it filed a Motion for a New Trial with the Trial Judge.  When it lost on both of those, Nexus appealed to the 10^th District Court of Appeals.

Samir Dahman, firm founder, believed that the oral argument went well and is optimistic that the Appeals Court will agree with the jury, Magistrate, and Trial Court Judge in favor of RAE Associates.  Dahman said of Olivito “Jon was prepared, eloquent, and cogently responded to the Judges’ questions.”

Dahman Law prevailed at trial on November 20, 2014 for its client Logan Insulating & Foam Service LLC in Fairfield County Court of Common Pleas, Case No. 13-CV-121.

After a three-day trial, the 8 member jury unanimously and completely found in Logan Insulating’s favor and against Plaintiff Andrew Cooke on Cooke’s claims of breach of contract, slander of title, civil theft, and CSPA violations related to a $500,000 construction project at his home.  Interestingly, Cooke himself is a lawyer in New Albany and partner at the law firm of Cooke & Gleason, LLC.

Samir Dahman argued the case in the Fairfield County Court of Common Pleas in front of Judge Chris Martin with the assistance of Dahman Law attorney Jon Olivito.  Dahman called it a “great effort” as the firm was faced with litigating against an attorney-party, which made the case that much more challenging.  All the hard work paid off as Logan Insulating’s owner David Kornmiller was pleased with the outcome noting that “sometimes the good guys do win.”

Through comprehensive fact and legal research, working closely with the client, coordinated preparation, and adhering to high ethical and legal standards, Dahman Law was able to secure the win.  This recent trial is yet another example of how Dahman Law works with its clients, especially small business owners, to make sure all of their legal needs are met.

Dahman Law is now 3-0 at trial in the past 2 years, including two unanimous jury verdicts and one bench trial verdict where it is being awarded attorney’s fees.

Attorney Jonathan N. Olivito has joined Dahman Law, LLC’s Columbus, Ohio office.  Mr. Olivito’s practice includes commercial litigation and employment law.

Mr. Olivito previously worked at the Ohio State University Office of Legal Affairs and Ohio University’s Voinovich School of Leadership and Public Affairs.  He is also a member of the prestigious Order of the Coif.

“Jon’s strengthens our commercial litigation and employment practices, has a brilliant legal mind, and is thorough”, says Samir Dahman, founder of Dahman Law, LLC. “He will provide our litigation and employment clients with a completive edge in their legal matters.”

The team at Dahman Law is passionate about providing exceptional, client-focused legal services.  They handle commercial litigation, business law, estate planning, employment, and immigration matters across Ohio, Michigan, and internationally. But what makes Dahman Law different is that you will know up front how much you can expect to pay for legal services, instead of wondering how much you will end up being charged at the end.

Dahman Law is able to do this by leveraging experience, creativity, and hard work, with value-based fee arrangements that provide clients predictability and results. A testament to our experience is the fact that its attorneys hail from Am Law 200 firms and corporate backgrounds.  So all of their services, including litigation, are handled on pre-determined, fixed fee or contingency bases. No hourly billing.

On November 14, 2014, Dahman Law founder Samir Dahman presented at the Supreme Court of Ohio Commission on Professionalism’s symposium “Preparing the Leaders of Tomorrow’s Changing the Legal Profession.”

The event was a success and very well attended with honorable judges, distinguished practitioners, and new attorneys all in attendance.

Gone are the days where trusts are a luxury, available only to rich families with wealthy estates.  Revocable trusts serve as a mechanism for securing estates for a variety of families, and can be especially beneficial to young couples.  As your family grows, accumulates assets, and becomes financially stable, it is important that you have an estate plan in place that has the flexibility to accommodate you and your family during your life, and will continue to provide for your spouse and children after you are gone.  Here are three reasons young couples should consider a revocable trust:

1. Flexibility: Life is unpredictable.  So young couples need flexibility when creating an estate plan for their family.  A revocable trust provides that flexibility.  Unlike other estate planning tools, a revocable trust allows you to add and remove assets to and from the trust throughout your life.  You will have flexible distribution preferences to ensure your estate is divided appropriately among your beneficiaries.  You will be able to set a practical principle distribution schedule, while also allocating to your beneficiaries the necessary income to support room, board, medical coverage, and education expenses.
2. Certainty: Rest assured that your estate will be administered exactly as you intend it to be.  With a revocable trust you can assign a co-trustee, such as a bank or trust management company, who can take care of the more complex financial issues, while a family member or friend can work with your beneficiaries to coordinate the distribution of assets.  Another way a revocable living trust can enhance your estate plan is that unlike a will, it cannot be contested in probate court.  When you die with a will and that will is submitted to the probate court, it is very possible that the validity of some or all of the will may be challenged by one of your heirs or beneficiaries.  By contrast, challenging a revocable living trust is not an easy task.
3. Preservation: You spend your entire life building your estate.  A revocable trust is the perfect tool to preserve your assets so that they can continue to support your family after you are gone.  By placing your assets into a revocable trust, you can and should require the trustee to actively manage your investments pursuant to the instructions laid out in your trust, which should include the guidance of a professional financial advisor or institution.  This can provide for the productive investment of your assets and increase their value to the advantage of your beneficiaries.  A revocable trust also serves as a barrier to protect your beneficiaries from creditors and litigation.  While you are alive creditors can make claims against the assets in the trust, but this power disappears after your passing because the trust becomes irrevocable.  More importantly, they also cannot go after beneficiaries of the trust for assets before they receive them.  Additionally, tax benefits are available with a revocable trust.  If a couple have assets greater than that of the current unified tax credit, a revocable trust can provide estate tax savings.

Individual situations require more analysis and discussion before deciding on a revocable trust, so please contact the attorneys at Dahman Law to set up a time to discuss any questions you have about your estate plan, including revocable trusts.

Dahman Law is pleased to announce Jonathan N. Olivito, one of the firm’s clerks, passed the Ohio bar exam. Jon took the bar exam in July 2014 after graduating from the Ohio State University’s Moritz College of Law. It was no surprise that Jon would pass the bar, being ranked in the top 10% of his class. Jon will join the firm as an attorney on November 17th after he is sworn-in by the Supreme Court of Ohio.

Jon is a valuable asset to the Dahman Law team, specializing in commercial litigation and employment law. Congrats Jon!