A Prenuptial Agreement is viewed with great suspicion by some who see them as a bad omen for one’s upcoming nuptials. But, few areas of the law allow one to be proactive, as opposed to reactive.  Prenuptial agreements allow a proactive approach to the choice that we hope will never be necessary.

Almost anyone who has been through the termination of their marriage can state with sincerity that it is a stressful and emotional process with long-lasting financial ramifications.  The advantage to the drafting and execution of a Prenuptial Agreement is to solidify the financial issues, to protect assets, work in hand with existing Estate Planning, and provide for the term and amount of support. The disadvantage is that it cannot control the custody and support of any minor children born as an issue of the marriage and one’s prospective spouse may have hurt feelings that one is planning for failure. Marriage is more than the exchanging of vows related to honor, respect and commitment; it is a merger of your financial health with your spouse’s.

A Prenuptial Agreement is a contract, in writing, which is executed voluntarily before marriage with full disclosure by both parties of the assets and obligations and their plan for disposition in the unfortunate circumstance of termination of that marriage. It may include provisions as to the devising of separate assets which will retain their separate nature in the event of divorce or death, even if they grow during the term of the marriage. It may provide support provisions for a spouse who commits their efforts to the marriage partnership in less financially tangible ways, setting the term and amount of support following termination of the marriage. It cannot provide for custody or support of the minor children as the State’s interest in the best interests of the children has priority over the parent’s interests.

A Prenuptial Agreement should be discussed sometime before the wedding, as nothing will take the romance away like seeing one’s legal counsel in the days immediately prior to the special day. Both parties must have time to consider fully the terms of the Agreement and discuss them with their separate counsel.

Ben Franklin noted that an ounce of prevention is worth a pound of cure. Proactive planning for an unfortunate contingency need not be hurtful, but an opportunity to communicate the financial expectations of each person, prior to the marriage, as opposed to a Court determination when people are generally at their worst. 

It is never too early to start thinking about Business Succession Planning. All business owners eventually reach a point where they want to retire, they want to slow down, want to try their hand at something new, want to give the younger generation a chance to show their stuff, or want to cash out.  In every case, it is a smoother and generally more profitable transition if the owners have taken the time to plan and think through what is required to successfully transition their business.

Succession planning may involve the sale of the business. But to whom? To employees? To family? To suppliers? To customers? To competitors? And for how much? Is there a reasonable methodology for setting the value of the business? Succession planning may involve gifts to spouses, children, and grandchildren.  But are they competent to run the business? Is the management staff competent and loyal enough to work with inexperienced family members while they come up to speed? Succession planning may involve stock options or deferred compensation or other bonus arrangements for key employees designed to keep them on board after the owners have moved on. Do you have a group of employees who have the experience and skill to run the business after you are gone? Have you given them the ownership and/or compensation incentives needed to win their loyalty and keep them on board?

Succession planning may involve employee stock ownership plans (“ESOPs”).  By using an ESOP vehicle, business owners may be able to create a market for their stock where no market otherwise exists, and may be able to sell their stock to such ESOP in a tax-advantaged way.  But ESOPs are somewhat complicated and costly to set up and maintain. You must consider whether the possible upfront tax savings are worth the cost and administrative complexities inherent in such arrangements.

There are many other issues related to succession planning that need to be considered, including valuation of the company stock, use of valuation discounts, use of stock redemption or buy-sell agreements, use of employee non-compete agreements, and training of future management.  The team at Pickrel, Schaeffer & Ebeling have worked with countless businesses throughout the area, from initial start-up, articles of incorporation, employment and employee issues, through to business succession planning.

Employment Benefits play a vital role in an employer’s ability to attract and retain a talented workforce. It has also become one of the most regulated areas of the employment relationship.   It continues to be an area of law that is constantly changing. Pickrel, Schaeffer and Ebeling’s  Employment Benefits team stays on top of the ever-changing laws.  They will take the time to work with you and your company to understand your goals.  They will provide practical, sound, and proactive advice to their employer clients on a wide range of issues, including:

• Executive compensation
• Qualified retirement plans
• Non-qualified deferred compensation
• Stock options
• Pension and retirement plans
• Employee health & welfare benefits, COBRA, ERISA, and HIPAA
• Family Medical Leave Act
• Cafeteria plans
• Phantom stock plans
• Split-dollar life insurance fringe benefit programs

PSE’s Employment Benefits team routinely assists its clients in developing cost-effective, strategic human resource solutions that enable employers to achieve their overall business goals.  While our Employment Law and Workers’ Compensation team focuses on the employee and employment side of businesses, they also work with the other teams at PSE giving you the combined strength and experience of over twenty attorneys. Our attorneys can assist with Business, Tax, and Real Estate matters, Employee Immigration concerns, and our experienced Litigation team will aggressively defend you if a matter needs to go to court.  We look forward to working with you. 

Our clients regularly enlist our assistance in formulating personnel policies and procedures. Our goal is to ensure that our clients are in full compliance with all laws and to create employment applications, policies, procedures, and handbooks that meet the needs of their particular business while providing a useful working guide for managing the workforce. For those clients who already have employment applications, policies, procedures, and handbooks, we are often asked to review them to make sure they meet the requirements of a changing legal landscape, as well as meet the needs of companies that are constantly growing and evolving.

Members of Pickrel, Schaeffer & Ebeling’s  Employment Law team appear before the Ohio Civil Rights Commission, Equal Employment Opportunity Commission, State, and Federal Courts, the Office of Federal Contract Compliance, and many other administrative agencies of the State and Federal Government.

While our Employment Law and Workers’ Compensation team focuses on the employee and employment side of businesses, they also work with the other teams at PSE, giving you the combined strength and experience of over twenty attorneys.  Our attorneys can assist with Business, Tax, and Real Estate matters, Employee Immigration concerns, and our experienced Litigation team will aggressively defend you if a matter needs to go to court.  We look forward to working with you.

• Gender, race, age, and handicap discrimination
• Harassment and retaliation claims
• Wrongful discharge and at-will employment
• BWC intentional tort and VSSR claims
• Non-competition, non-solicitation, and trade secrets
• Employment policies and practices in personnel handbooks
• Employment contracts and consulting agreements
• Whistleblowers, false claim allegations
• Family Medical Leave Act (FMLA)
• Workers’ compensation
• Employee health welfare benefits, COBRA, ERISA, and HIPAA 

Labor Law is a critical component of any business that has employees. Business entities from all industrial sectors and governmental units, school districts, and other employers rely upon Pickrel, Schaeffer & Ebeling’s services when interacting with public and/or private sector labor unions. Understanding the crucial role employee relations play in the success of any business, PS&E’s Labor team has advised and counseled management on a wide variety of labor law issues including:

• Bargaining
• Grievances, arbitration, and mediation
• Wage/hour/overtime/prevailing wage rates
• Union organizing, NLRB/SERB matters, union decertification
• Whistleblowers, false claim allegations
• Strikes, lockouts, and picketing
• Substance abuse and drug/alcohol testing
• Civil service matters
• Unfair labor practice proceedings

PSE’s Labor Law team has negotiated collective bargaining agreements for public and private employers. In addition, the attorneys on the Labor Law team routinely represent our client’s interests in State and Federal Courts, before the National Labor Relations Board, the Equal Employment Opportunity Commission, the United States Department of Labor, the Ohio State Employment Relations Board, the Ohio Civil Rights Commission and many other administrative agencies of the State and Federal Government. The PSE Labor Law team provides professional, proficient, and cost-effective representation for its management-based clients.

While our Labor Law team focuses on the employee and employment side of businesses, they also work with the other teams at PSE giving you the combined strength and experience of over twenty attorneys. Our attorneys can assist with Business, Tax, and Real Estate matters, Employee Immigration concerns, and our experienced Litigation team will aggressively defend you if a matter needs to go to court. We look forward to working with you. 

Workers’ Compensation claims can be very complex and have a huge impact on a business. Whether a company is large or small, state-funded or self-insured, having an attorney that can not only provide leadership and direction but also make legal arguments in your defense can be a vital asset. They could possibly determine whether you win or lose your case. Our Workers’ Compensation and Employment law team at Pickrel, Schaeffer & Ebeling have over 30 years of experience in the intricacies of Workers’ Compensation practice throughout Administrative hearings, appeals, mandamus actions, hearings, trials, and ultimate settlement.

Our team takes a proactive approach, we want to avoid future claims and lawsuits. We will work with you and your team to develop preventative services to help you stay compliant. We will come to your business and evaluate your workplace practices and procedures. We will help you from drafting employee handbooks to training employees and supervisors on sexual harassment and occupational health and safety issues.

While our Employment Law and Workers’ Compensation team focuses on the employee and employment side of businesses, they also work with the other teams at PSE, giving you the combined strength and experience of over twenty attorneys. Our attorneys can assist with Business, Tax, and Real Estate matters, Employee Immigration concerns, and our experienced Litigation team will aggressively defend you if a matter needs to go to court.   We look forward to working with you. 

With today’s economy and healthcare system, people from all backgrounds and walks of life can end up deeply in debt. Perhaps you lost your job or were hospitalized unexpectedly. Whatever your situation, you have options. We handle all aspects of bankruptcy work and litigation. We have substantial experience on the creditor side on motions for relief from stay, dismissal, cash collateral, and plan confirmation matters. We have been involved in many asset sales and claim sales and have represented both debtors and creditors in single-asset real estate cases.

Our team members have the experience and knowledge to advise clients from a strategic stance, both out-of-court and in-court, in all types of financial situations. We will take the time to understand your situation and effectively diagnose problems, develop strategies, and recommend solutions to suit each client’s needs. Our vast experience enables us to help clients with reorganizations, and bankruptcy proceedings and provide comprehensive legal counsel to our clients. Even though our individual attorneys focus specifically on your matter, we work together as a team to give you the combined strength and knowledge of over twenty attorneys including a full team of Business, Tax, and Real Estate attorneys and Employment law attorneys.

We also understand cost-effective service is a priority. Our goal is to resolve your situation in the most economically sensible fashion, whether it be through negotiation, mediation, arbitration, litigation, or bankruptcy filing. The lawyers at PSE will strive to resolve your financial issues quickly and efficiently.

• Pre-bankruptcy counseling and out-of-court solutions
• Exemption planning and asset protection
• Bankruptcy Court representation
• Bankruptcy litigation
• Filing under Chapters 7, 11, and 13
• Defending preference and fraudulent conveyance actions
• Foreclosure and receivership
• Collections
• Assisting secured and unsecured creditors 

PSE’s Family Law group has extensive knowledge and experience counseling clients on the sensitive and complex issues which families encounter on an everyday basis. We understand that this can be a very difficult time and sometimes tough decisions must be made. Finding the right solution for your unique situation can be difficult.

When considering a Family Law attorney, consider the amount of experience the attorney has, if you feel comfortable with them, and trust that they will give you frank sound legal advice rather than what they think you want to hear. Our client-centered, quality-conscious service can ease the stress that accompanies difficult family situations. On a regular basis, we counsel clients on divorce, dissolution, annulment, child custody, alimony property settlement, and other situations.

We will work with you to understand your unique situation and provide you with solid legal advice.  We can try to settle your matter out of court, however, if all parties cannot agree, we have no problem going to court. If this is the case, we will skillfully and cost-effectively represent the needs of our individual clients. We have an unwavering commitment to our clients and we work diligently to achieve favorable outcomes on their behalf. Our Family Law team only focuses on matters surrounding families. However, we work as a team giving you the combined strength and knowledge of over twenty attorneys.

• Divorce
• Dissolution
• Legal separation
• Adoption
• Child custody
• Paternity
• Prenuptial matters
• Juvenile
• Child custody/visitation
• Child and spousal support
• Guardianships
• Grandparent rights 

The Public Sector Law team at Pickrel Schaeffer & Ebeling represents Local Government agencies including numerous municipalities, townships, school districts, and other public entities.  They guide each of them through the often turbulent matters unique to public sector clients.

Members of this team serve as Law Directors for the City of Huber Heights, the City of Springboro, and the City of Vandalia. We also serve as Special Counsel to many other governmental entities.  Our vast experience comes from being at the forefront of some of the area’s largest and most complex developments including The Greene in Beavercreek, Miller Road in Vandalia, Austin Landing/I-75, and many more. Having a basic knowledge of engineering, architectural and traffic issues is important. Having a detailed knowledge of title, environmental and financing issues, and the zoning code/subdivision code is critical. Of even greater importance, is knowing the administrative process and the local political environment to be able to provide efficient, cost-effective, and successful representation.

We work with you to understand your goals and help you achieve them. Even though the individual attorneys at PS&E focus on specific areas of law, we work together as a team to give you the combined strength and knowledge of over twenty attorneys.

• Public financing – TID’s, TIF’s, SAD’s, JEDD’s, CEDA’s, etc.
• Annexation
• Competitive bidding
• Code enforcement
• Land use, development, planning, zoning
• Labor negotiations, personnel issues
• Litigation
• Tax collection, revenue generation
• Ethics
• Records retention
• Contract review and negotiation
• Administrative hearings
• Public Records/Open meetings
• Contract review and negotiation 

Taxation – it was once said that those who complain about taxes can be divided into two classes of people: men and women.   The PSE Tax Law team regularly counsels its clients on many tax-related issues facing businesses, trade organizations, municipalities, and private individuals.

The PSE Tax Law team will work with new businesses to help them plan and structure their business from the most tax-advantageous perspective. They will assist clients that are thinking of acquiring or selling a business and provide suggestions from a tax-advantage manner utilizing tax-free reorganizations and other tax deferral or reduction techniques.  Our attorneys have also successfully raised capital using private placement security transactions.  If you have personal tax issues, our Tax Law team can guide you through the maze of the IRS to help resolve the issue.

PSE’s Tax Law team is made up of experienced, knowledgeable, and dedicated professionals who can expertly and cost-effectively assist in navigating the frequently complex matters of the Federal, State, and Local tax codes.  The Tax Law team at PSE focuses specifically on Business Tax Law, however, if you have personal tax issues we can also help you get closure.  The attorneys at Pickrel, Schaefer & Ebeling work together as a team to give you the combined strength and knowledge of over 20 attorneys.

• Federal income and excise taxes
• State and local income, sales, and property taxes
• Tax-free corporate mergers and reorganizations
• Partnership taxation
• Gift taxes
• Estate taxes
• Tax-exempt and charitable organizations
• Forward and Reverse 1031 tax-free like-kind exchanges
• Qualified retirements plans and IRAs
• Non-qualified deferred compensation
• Stock options
• Split-dollar insurance
• Executive compensation
• Tax planning for individuals, corporations, partnerships, limited liability companies, joint ventures, and charitable organizations