Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Blog Post

The Secret to a Strong(er) Capital Stack

November 4, 2024BMD attended the annual New Markets Tax Credit (NMTC) Conference held by Novogradac & Company LLP in New Orleans. The event spotlighted the NMTC program, which encourages private investment in low-income communities through a 39% tax credit over seven years. The complex NMTC structure requires collaboration among qualified businesses (QALICBs), community development entities (CDEs), and investors. With the Fund’s recent double allocation announcement, now is an ideal time for eligible businesses to explore NMTCs to enhance their capital stacks.Blog Post

The Shadows Are on the Run: Global Icon Aon Adds Its Heft and Stature to the Legitimization of the Cannabis Industry

September 20, 2024Aon, a global firm with 50,000 employees across 120 countries, has made a strategic move into the U.S. cannabis industry, joining a growing list of institutional players such as First Citizens Bank. This entry aligns with the efforts of the Institutional Cannabis Lending Community (ICLC), which has been driving deal flow and fostering best practices among financial institutions since its founding less than 18 months ago. Aon will co-host an exclusive event for the ICLC at the Benzinga Capital Conference in Chicago, where it will unveil a custom product suite designed for cannabis businesses and tap into the collective expertise of the ICLC's nearly 30 Participants, which include banks, lenders, and compliance experts.Blog Post

Tips for Creditors Who Are Owed Money from Someone Who Has Filed for Bankruptcy

September 20, 2024You have received a notice in the mail stating that a business or person who owes you money has filed for bankruptcy. Now what do you do? It is important to act quickly to determine your rights in the bankruptcy process and to protect them. You should review the particulars of the debt owed to you with your attorney, as well as the debtor’s bankruptcy filings. Here are some of the preliminary issues to consider in order to protect your rights as a creditor.Blog Post

Get to Know BMD: Michael Sneeringer

August 13, 2024In this installment of our "Get to Know BMD" series, Cleveland Member Michael Sneeringer shares his journey into law, driven by influential mentors and an interest in estate planning. Discover his passion for client interactions, his surprising domestic skills, and his dedication to attending his daughter's volleyball games.Multimedia, Blog Post

BMD Vice President Amanda Waesch Shares the Secrets to Her Success

August 8, 2024BMD Vice President and Healthcare Law Member, Amanda Waesch, recently shared the secrets to her success on the Driving Change Podcast. From managing a high-powered career to balancing family life and mentoring the next generation of lawyers, Amanda’s insights are a must-hear. Watch the full interview here!Blog Post

You Know ADR, But What About EDR?

August 7, 2024BMD Member Bob Hager and Partner Jessica Hew have co-authored an article in the Cleveland Metropolitan Bar Journal, focusing on the strategic selection and implementation of dispute resolution methods. The article covers mediation and arbitration, offering insights into their application and effectiveness. It provides valuable tips for lawyers on how to choose the best method for resolving disputes and highlights the importance of creative approaches to serve clients effectively.Blog Post, Multimedia

Ohio Legalizes Marijuana: Changes for Employers

August 5, 2024Ohio Employers: Ohio recreational marijuana sales begin Tuesday, August 6, bringing new challenges for employers regarding employee use. BMD Partner and Labor & Employment Co-Chair Bryan Meek has outlined essential tips and best practices to help you adapt.Blog Post

Entourage Effect and Shield Compliance Join the ICLC

April 17, 2024In a continuation of its recent growth, only a bit more than a year after its organization, the ICLC is pleased to announce the addition of 3 more new participants. One of these is a commercial bank. In accordance with our commitment to our bank participants, they are not identified outside the Community unless they specifically authorize it. The other 2, Entourage Effect Capital (EEC) and Shield Compliance, are each well known within the cannabis industry and will enhance the ICLC’s potential value to its participants, enriching the spectrum of relevant and accretive cannabis industry experience, skillsets and perspectives available to them.Blog Post

Trulieve Tax Announcement and the ICLC Growth Spurt

March 19, 2024On March 12, leading cannabis tax lawyer James Mann made an extremely timely virtual presentation to ICLC participants regarding the announcement by Trulieve of its receipt of more than $100 million of tax refunds in connection with a challenge to what it owes under Section 280E of the Internal Revenue Code.Blog Post

Another Big Move Out of the Shadows; First Citizens Bank, the nation’s 19th largest, poised to enter the Cannabis Market

February 20, 2024A commentary on cannabis and hemp dated January 12, 2024 posted by First Citizens Bank on its website reflects the decision by the Bank to extend its very substantial hemp/CBD platform into the cannabis space.Blog Post

A Closer Look at Cannabis

December 8, 2023At the Nov. 30 Akron Roundtable event "A Closer Look at Cannabis," moderated by Andrew Meyer, deputy editor of news Ideastream Public Media, a varied group of panelists spoke about expected and potential outcomes and efforts of marijuana legalization.Blog Post

Out of the Shadows - Cannabis Going Mainstream

November 21, 2023BMD Phoenix Office Managing Partner, Stephen Lenn, recently discussed today's cannabis industry at an Akron Roundtable as part of their "Bringing it Home" series.Blog Post

Institutional Cannabis Lenders Community Holds First Meeting

July 28, 2023BMD Attorneys Stephen Lenn and Brandon Pauley have organized the Institutional Cannabis Lenders Community (ICLC), which is a community of institutional lenders include banks, credit unions, dedicated cannabis loan funds and family office/ultra-high net worth investors and are excited to announce that the group recently held its first meeting. The more than 20 participants in the ICLC, which was organized to enhance relationships among institutional cannabis lenders and provide forums for evolving best practices, include 4 of the major cannabis loan, more than a dozen banks and credit unions, and a cross section of other organizations that are involved in institutional cannabis finance activities.Blog Post

Litigation Holds: First Aid for the Thorn in a Corporation’s Side

July 25, 2023Multimedia, Blog Post

Diversity Speaker Series: Pride Month

July 3, 2023Blog Post

Asian American & Pacific Islander Heritage Month Employee Spotlight | Jessica Hew

May 23, 2023In honor of Asian American & Pacific Islander Heritage Month, and as part of BMD’s ongoing diversity and inclusion efforts, we are featuring BMD Senior Counsel Member Jessica Hew in an employee spotlight.Blog Post, Multimedia

Ending the Public Health Emergency - Medicaid Updates

April 14, 2023Watch the recording from week two of our Ending the Public Health Emergency webinar series!Blog Post

Ending the Public Health Emergency - Telehealth Updates

April 10, 2023BMD's Ashley Watson shares telehealth updates to be aware of during the ending of the Public Health EmergencyBlog Post

Institutional Cannabis Lenders Community is Growing

April 7, 2023BMD Attorney, Stephen Lenn, recently shared an update on the Institutional Cannabis Leaders Community that he is a part of.Blog Post

Women's History Month Employee Spotlight | Abigail Peabody & Krista Warren

April 3, 2023In honor of Women’s History Month, and as part of BMD’s ongoing diversity and inclusion efforts, we are featuring two of our female attorneys with an employee spotlight. Abigail Peabody and Krista Warren both handle a wide range of legal matters, construction law and litigation being shared areas of focus.Blog Post

Inside M7 Holdings' Innovative Investment Strategies

March 27, 2023Anthony S. Manna, Founder and Chairman of Brennan Manna Diamond LLC, M7 Holdings LLC and Signet LLC was recently interviewed on the Matt Brown Show as part of their "Private Placement Perspective" series. Anthony gave insight into the operations of M7 Holdings and the company's business family investment philosophy. Watch the full interview below!Blog Post

Opening the Door to Quality Recovery Housing

March 15, 2023From March 8–9th, Ohio Recovery Housing (ORH) — the oversight authority for ORH-certified recovery residences operating in the state of Ohio — hosted its 2023 Annual Conference, “Opening the Door to Quality Recovery Housing,” which boasted a room full of housing providers, delivered timely educational updates, and featured prominent speakers in the recovery housing space.Blog Post

Spotting a Sham - What You Need to Know About MEB/BD Business Certification Processes

February 7, 2023How to navigate the MWBE system, certify joint ventures, and avoid shams.Blog Post

Invitation to Banks & Family Office/Ultra-high Net Worth Investors Exploring Cannabis Lending to Join Our Informal Institutional Cannabis Lenders Community

December 2, 2022An update on the latest developments in the cannabis banking/lending space by subject matter expert, BMD Scottsdale/Phoenix Office Managing Partner Stephen LennBlog Post, Client Alert

Community Banks: Collaboration, not isolation, is the key to protecting/ enhancing the cannabis business you pioneered

August 26, 2022As we prepare for the plenary session of the informal institutional cannabis lenders community announced in my previous article, I am pleased to advise that participants now include 5 of the best-known dedicated loan funds; a select group of commercial banks ranging in size from single state community banks to mid-size regionals making cannabis loans into the mid-8 figures; and, a syndicator of credit union cannabis loans.Blog Post

Non-compete Agreements are Under Fire: What Employers Need to Know

August 4, 2022Non-compete agreements are an ongoing topic of dispute. Employers and their advocates point to the efficacy of non-competes in protecting proprietary information. Employees and their advocates argue about worker mobility and that employers unduly burden workers’ ability to seek better jobs. The Biden administration has put forth its position, and state legislatures have introduced bills addressing the enforceability of non-competes. Here is what you need to know:Blog Post

BMD’s Jason Butterworth Quietly Engineers Some of Akron’s Most Impactful Projects

May 18, 2022Jason Butterworth, a team member of BMD’s Business & Corporate practice, focuses his practice on finance, real estate, and tax credit law.Client Alert, Blog Post

Explosive Growth in Pot of Gold Opportunity for Bank (and Other) Cannabis Lenders Driving Erosion of the Barriers

May 13, 2022Our original article on bank lending to the cannabis industry anticipated that the convergence of interest between banks and the cannabis industry would draw more and larger banks to the industry. Banks were awash in liquidity with limited deployment options, while bankable cannabis businesses had rapidly growing needs for more and lower cost credit. Since then, the pot of gold opportunity for banks to lend into the cannabis industry has grown exponentially due to a combination of market constraints on equity causing a dramatic shift to debt and the ever-increasing capital needs of one of the country’s fastest growing industries. At the same time, hurdles to entry of new banks are being systematically cleared as the yellow brick road to the cannabis industry’s access to the financial markets is being paved, brick by brick, by the progressively increasing number and size of banks that are now entering the market.Blog Post

Celebration of Asian American and Pacific Islander Heritage Month

May 1, 2022In recognition of Asian American and Pacific Islander Heritage Month (AAPI Heritage Month), Brennan Manna and Diamond is proud to recognize the contributions and achievements of our AAPI members.Blog Post

Fluresh Cannabis’ Bank Loan: Moving Into the Mainstream

April 18, 2022The announcement by Fluresh, a vertically integrated Michigan based cannabis business, of the closing of loans from a federally insured commercial bank totaling almost $50 million represents an important landmark for both Fluresh and the cannabis industry writ large. For Fluresh, perhaps as important as the bottom-line benefits of lower cost financing, the fact that its operations and financials passed muster with a substantial commercial bank can be regarded as an important rite of passage. For the industry, it reflects its inexorable movement out of the shadows and into the mainstream. This substantiates the view that, whether or not any of pending the federal legislation is enacted, bank lending to the cannabis industry will continue to accelerate.Blog Post

Out of the Shadows | An Investor Summit Recap

February 9, 2022After a COVID hiatus of more than 2 years, I rejoined the institutional cannabis investment speaker circuit, offering the closing remarks at the Kahner Global Cannabis Private Investment Summit in Coral Gables, Florida. My remarks addressed how banking developments are increasingly impacting cannabis investment, operating and financial strategies and decisions, for both plant touching and the growing array of ancillary businesses serving the industry.Blog Post

BMD Announced in Best Law Firms 2022 List

November 4, 2021We are excited to announce that BMD is included in the 2022 Edition of U.S. News – Best Lawyers “Best Law Firms,” recognized for professional excellence with consistently impressive ratings from clients and peers. The full firm report is included.Blog Post

Key Takeaways from BMD’s Banking and Cannabis Webinar

October 14, 2021Estimates have shown that the cannabis industry is one of, if not the, fastest growing industries in the United States in recent years, with no sign of slowing. Growth requires capital. Banks need loans, and cannabis companies, which are rapidly becoming bankable need access to lower cost bank lending. While cannabis remains federally illegal, an impediment to access to financial institution credit, banks and credit unions are nevertheless entering the market in increasing numbers.Blog Post

American Heart Association's 2021 Go Red For Women

January 15, 2021The BMD Season of Giving in 2020 was a great way to help out organizations that help others. Continuing community involvement in 2021, we will be looking to the American Heart Association's Go Red for Women campaign. Healthcare and Hospital Law Member and Vice President Amanda Waesch is the Chair of Go Red for Women for the American Heart Association, which is kicking off the 28 days of Heart Health. Show your support on February 5th with “Wear Red and Give” Day. Consider hosting a Jeans Day every Friday in the month of February at your place of business in support of Go Red For Women, even encouraging remote employees to participate. Snap a pic of your team members in their red gear and post on social media (socially distanced in person or a virtual group photo will work, too!) – see the toolkit here for sharing on your favorite social platforms. Click here to learn more and donate to the GRFW Campaign.Blog Post

COVID-19 Legal Issues Update and Ask Us Anything Webinar Recording

January 5, 2021Join Brennan Manna Diamond Employment & Labor law Member Jeffrey Miller and Healthcare & Employment law Partner Bryan Meek on December 10 ET for 'COVID-19 Legal Issues Update and Ask Us Anything' webinar.Blog Post

Brennan, Manna & Diamond Law Firm Promotes Four Attorneys in Akron and Jacksonville Offices

December 2, 2020Brennan Manna Diamond (BMD), a business law firm with eight offices in Ohio, Florida and Arizona, has announced that Adrian Ribovich and Duriya (DD) Dhinojwala have been promoted from partner to Member. Darren Jones and Bryan Meek have also been promoted from associate attorney to Partner.Blog Post

BMD Recognized as Best Law Firm 2021

November 16, 2020Blog Post

BMD's Season of Giving

November 9, 2020This holiday season, BMD felt an overwhelming urge to give back to the communities in which we live and work. That is how BMD’s 2020 Season of Giving program was created. In honor of our 20th Anniversary, we designated $20,000 and asked each of our offices to propose charities and causes that were important to them—organizations that lend their care, support, services, resources and education to others on a daily basis.Blog Post

Ohio COVID Immunity Bill

October 24, 2020Scott P. Sandrock, a Member of BMD shares the logistics of Amended House Bill 606, which grants immunity to essential workers who transmit COVID-19.Blog Post

Webinar Recording: New Considerations for Business Succession Planning

October 20, 2020Ray Lampner and Pattie Wagner of Sikich joined BMD’s Co-Managing Partner Justin Alaburda in “New Considerations for Business Succession Planning,” where they discussed current business succession planning considerations from an accounting, legal, and human capital perspective.Blog Post

BMD Client Spotlight: IncludeHealth

August 27, 2020BMD is happy to share an inspiring business backgrounder on IncludeHealth, Inc. - a Digital musculoskeletal (MSK) care & training platform for providers - and introduce its CEO and Founder, Ryan Eder. Client: IncludeHealth CEO: Ryan Eder Business: Digital musculoskeletal (MSK) care & training platform for providers. Relationship Attorney: Kate Hickner Legal Services: BMD and Kate serve as healthcare counsel for IncludeHealth, providing regulatory guidance as well as HIPAA and other data privacy and security guidance, in an evolving health care delivery, reimbursement and regulatory landscape.Blog Post

BMD's Chief People Officer Mary Miles Wins Crain's Cleveland Excellence in HR Award

August 24, 2020BMD's Chief People Officer Mary Miles Wins Crain's Cleveland Excellence in HR AwardBlog Post

Webinar Recording: Telemedicine Legal and Practical Considerations for Physicians Practices

August 20, 2020This webinar discusses the latest developments in telemedicine for physician practices, including Medicare, Medicaid and commercial payor reimbursement requirements, state licensure considerations and HIPAA requirements. Speakers: -Kyle Sharp, MHA, FACHE, Interim Associate VP & Executive Director, OSU Physicians, Inc. -Ronnen Isakov, CPA, Managing Director, Healthcare Advisory Services, Medic Management Group LLC -Kate Hickner, Healthcare & Hospital Law Partner, BMD -Kevin Cripe, Healthcare & Hospital Law Attorney, BMD The speakers will share their personal experiences working with health care providers to implement and grow their telemedicine practices during recent months. The webinar will provide listeners with practical guidance and take-aways that will be useful in their own organizations.Blog Post

Crain's Cleveland Recognizes Duriya Dhinojwala as a 2020 Woman of Note

June 29, 2020Duriya (DD) Dhinojwala's heart, drive and dedication are just a few of the commendable qualities that make her a Woman of Note. Learn more about DD's background and path to success here.Blog Post

Webinar Recording -- Paycheck Protection Program Loans: Forgiveness Applications

May 28, 2020Paycheck Protection Program Loans: Forgiveness ApplicationsBlog Post

"New Normal" Budget Guidance

April 20, 2020During these challenging times most business are faced with issues regarding cash flow and ongoing expenses. In prior Client Updates we have outline some specific action plans dealing with PPP, Cares Act and other funding programs, your obligations and opportunities under the Salary Continuation programs and others. We continue to update those as new Guidance is released so please check back to our Resources page from time to time.Blog Post

Will Your Business be Keying More Credit Card Transactions as a Result of COVID-19?

April 9, 2020In this hectic time and uncertainty, owners are making hard decisions regarding their businesses. Some are shutting down, while others are adapting to the daily life changes of COVID-19. Many medical practices are seeing patients on an emergency basis and others are starting to implement a telehealth approach.Blog Post

CARES Act Paycheck Protection Program Calculation Sample

March 31, 2020Sample calculation for the Paycheck Protection Program.Blog Post

Employer Liability for Customer Conduct: Former PNC Bank employee receives $2.4M jury verdict

February 26, 2020Earlier this month, PNC Bank was on the wrong end of a sexual harassment jury verdict in a claim brought by a former employee. Why is this case interesting to you? Two reasons: The former employee was sexually harassed, but not by a PNC employee; and, the sexual harassment did not occur within a PNC workplace.Blog Post

Robert Hager Speaking at the Ohio Contractors Association's Annual Conference - Jan. 29 - Feb. 5, 2020

February 3, 2020Attorney Robert Hager will be speaking at the Ohio Contractors Association's Annual Conference in Maui, Hawaii sharing a simple practical approach to build your business' legacy and leading an interactive session about best practices for collaboration, risk management, and claims avoidance.Blog Post

Congratulations to Duriya Dhinojwala and Michael Steel

November 14, 2019Attorneys Duriya Dhinojwala and Michael Steel recognized at Pro Bono Attorney's of the Year this evening at the 67th Annual Community Legal Aid Anniversary Celebration.Blog Post

Akron is among cities where GenXers are best off

September 12, 2019Akron is among cities where GenXers are best offBlog Post

It's Always Risk Management Season in the Construction Industry

July 31, 2019For the second time in just nine months, the Ohio Supreme Court issued a major decision affecting project-related risk and exposure for members of Ohio’s construction industry.Blog Post

Blockchain in Healthcare

July 25, 2019Martin Pangrace and Jeana Singleton presented at the Inaugural Midwest Telehealth Resource Center Annual Conference held July 23-24, 2019 in South Bend, Indiana.Blog Post

Amanda L. Waesch recognized by NSCHBC at 2019 Annual Meeting

June 19, 2019At this year's National Society of Certified Healthcare Business Consultant's Annual Meeting held St. Louis, Missouri, Amanda L. Waesch was awarded the Lenny Schwartz Go-Getter Award.Blog Post

Amanda L. Waesch 2019 Recipient of the ATHENA Akron Award

June 19, 2019Amanda L. Waesch received the ATHENA Akron award recognizing women leaders new to their positBlog Post

Planning for Vacation, Planning for Health

May 22, 2019When thinking about the joint replacement space, it seems logical that such an event deserves at least the same amount of preparation (if not more) as a summer vacation, particularly since it will probably be more expensive and more life changing than the typical summer vacation.Blog Post

BMD Sponsors Ruhlin Clays Classic Benefiting the Cleveland Clinic Akron General Foundation

May 15, 2019BMD was a proud sponsor of this year's 4th Annual Rhulin Clays Classic.Blog Post

Employment Based First Preference (EB1)

October 30, 2018BMD has a team of experienced immigration attorneys with a collective knowledge of over fifty years to assist and guide U.S. banks, companies, individuals, universities, colleges, hospitals and institutions obtain the appropriate work visa or employment based permanent residency.Blog Post

NLRB Reverses its Reversal of 2015 Browning-Ferris Joint Employer Decision

February 28, 2018NLRB Reverses its Reversal of 2015 Browning-Ferris Joint Employer DecisionBlog Post

Scott Sandrock Awarded the Outstanding Eagle Scout Award

February 8, 2018BMD is proud to recognize its member Scott P. Sandrock being awarded the Outstanding Eagle Scout Award by the Boy Scouts of America. This award recognizes Eagle Scouts who have later achieved distinction in their professional careers and leadership through community service. A limited number of these awards are presented annually. The Award was presented at the Annual Eagle Scout Recognition Dinner in January.Blog Post

Highlights from the BMD Healthcare Leadership Summit Held in Orlando, FL, January 11, 2018 - January 13, 2018

January 31, 2018BMD's 2nd Annual Healthcare Leadership Innovation Summit theme focused on entrepreneurism in healthcare as we sought to reach various specialties and stakeholders within the healthcare industry. There were 3 days of insightful programming and exclusive networkingBlog Post

Ohio’s Statute of Repose: Is it Really a Bar to All Construction Claims?

January 22, 2018In response to the increase in common-law claims against architects and contractors brought by third parties who lacked “privity of contract”, many states enacted a construction statute of repose. A statute of repose is intended to forever bar claims for certain injuries or damages after a set period of time following substantial completion. Subject to certain exceptions, the primary distinction between a statute of repose and statute of limitations is that a statute of repose begins to run regardless of whether one is aware of a defect.Blog Post

Martin Pangrace and Catherine McCain Presenting at AIA Contract Document Workshop - September 26, 2017

August 25, 2017real estate, Blog Post

BMD's Christopher Walker Helps Connect Veterans with Housing Options

July 12, 2017Christopher Walker, a partner with BMD, is currently representing the Invest in America's Veterans Foundation, an organization that strives to provide a "head start" for veterans that involves the least amount of "red tape" possible.Blog Post

Robert A. Hager Awarded the John Carroll University 2017 Alumni Medal

May 23, 2017Robert A. Hager awarded the John Carroll University 2017 Alumni MedalBlog Post

Ohio Court of Claims Explains Surety’s Obligations After Contractor Default

January 1, 2017A surety thinking of funding its bankrupt principal for the purpose of completing a project should take notice of the recent decision in Jutte Elec., Ltd v. Ohio Facilitates Constr. Comm.Blog Post

Duty to Preserve ESI: The Stakes Just Got Higher

August 10, 2016A recent federal court decision highlights the potentially severe consequences for companies that do not take the proper steps to preserve electronically stored information (“ESI”) in anticipation of or in connection with litigation.Blog Post

Affordable Care Act Nondiscrimination Final Rule

May 16, 2016On May 13, 2016, the U.S. Department of Health and Human Services (“HHS”) issued a final rule implementing Section 1557 of the Affordable Care Act (“Section 1557”) protecting individuals from discrimination in health care on the basis of race, color, national origin, age, disability, and sex, including discrimination based on pregnancy, gender identity, and sex stereotyping (the “Rule”).Blog Post

It Is Time To Update Your Compliance Plans

May 10, 2016In 1997, the Office of the Inspector General (“OIG”) began to actively promote that health care providers adopt written compliance plans to assist providers to follow government rules and regulations regarding health care.Blog Post

HIPAA Compliance Update

January 20, 2016HIPAA compliance has been a part of the regulatory landscape of healthcare since the privacy rules became effective in 2003. Since that time, most providers have taken steps to develop their compliance plans, including distributing notices of privacy practices, obtaining authorizations for release of information as needed, and obtaining business associate agreements from third parties.Blog Post

Bar Bulletin: Young lawyers, it’s never too early to start building your future

October 6, 2015Regardless of whether you are just out of law school or an attorney who has been practicing for five years, you can start taking steps toward building your future as a well-rounded lawyer.Blog Post

The National Labor Relations Board “Joint Employer” Ruling

August 13, 2015On August 27, 2015, the National Labor Relations Board (NLRB) released a ruling in the Browning-Ferris Industries of California, Inc. case, in which the NLRB revised its standard for determining joint employer status under the National Labor Relations Act (NLRA).