Category Archives: Uncategorized

Seven Key Provisions to Include in a Business Agreement

Written By: Todd V. McMurtry “It’s just not working out anymore.” You may have heard or uttered these words as a marital partner, but as a business one? It can happen. Business divorce among privately-held companies is common, and can be just as emotional as one involving spouses. Organizations experience “life events” too, and smart… Read More »

Five Website Mistakes That Can Lead to Malpractice Claims

Written By: Todd V. McMurtry We do everything in our power to make our clients happy! Our services will increase your bottom line! Big or small, we handle it all! As a professional, your personal website or company page is an essential link for those seeking or already utilizing your services. There they can find… Read More »

Kentucky Supreme Court confirms punitive damages are not recoverable for “fraudulent” breach of contract unless an independent fraud claim exists

Written By: Kyle M. Winslow In Nami Res. Co., LLC v. Asher Land & Mineral, LTD, 2018 Ky. LEXIS 353 (August 16, 2018), the Kentucky Supreme Court recently considered the interplay between punitive damages and a breach of contract claim based on fraud. That case involved a dispute over a gas lease. Under the lease,… Read More »

Kentucky’s Pro Hac Vice Procedure

Written By: Kyle M. Winslow Today, appearance of lawyers on a pro hac vice basis is more common than ever.  Our law firm serves as local counsel for out-of-state attorneys in a variety of litigation cases.  Additionally, we often work with local counsel who serve our clients in other jurisdictions.  Because of the time-sensitive nature… Read More »

Beware! Kentucky’s Rules on the Unauthorized Practice of Law are Strict

Written By: Todd V. McMurtry As a Kentucky lawyer, who lives on the Ohio border, I have seen Ohio lawyers, not licensed to practice law in Kentucky, “cross the river” to handle Kentucky cases. I have always cautioned these lawyers to tread carefully as Kentucky’s rules that govern the practice of law are stricter than… Read More »

I Know You’re Tired of Hearing About HIPAA, But Let Me Tell You a True Story:

Written By: Janie Ratliff-Sweeney True Story:  I recently met with a client who had a disgruntled ex-employee file a complaint with the Office of Civil Rights (the enforcement arm of the HIPAA Privacy and Security Rules) alleging violations of the HIPAA Privacy Rules by the client.  The client had experienced an inadvertent disclosure of protected… Read More »

Should Mediators Be Credentialed?

Written By: Todd V. McMurtry I recently spoke at the Kentucky Bar Association’s Kentucky Law Update on behalf of the Alternative Dispute Resolution Section. One of the topics I addressed related to whether mediators should be credentialed. In general, the concept of requiring a mediator to be credentialed is similar to a lawyer being licensed… Read More »

May a Director of a Kentucky Corporation Set Up a Competing Business?

Written By: Todd V. McMurtry It is common in the ebb and flow of business for corporate directors to move in and out of corporations for a variety reasons. Therefore, it is critical for directors to understand the duties and obligations they have to the companies they serve. This article will focus on a director’s… Read More »

Catholic College Under Attack in the City of Brotherly Love

Written By: Scott R. Thomas   A dispute is brewing in Philadelphia that will test the shield of the Catholic Church against government intrusion into its affairs.  On February 7th, the Commonwealth Court of Pennsylvania heard arguments in Chestnut Hill College v. Pennsylvania Human Relations Commission.  The case examined the core of Chestnut Hill College’s… Read More »

HIPAA – Do you have $475,000 to spare? Timely Breach Notification

Written By: Janie Ratliff-Sweeney If you (or your organization) provide health care, it is likely that you are considered a “Covered Entity” and must comply with the federal privacy rule more commonly known as “HIPAA”. One component of HIPAA requires covered entities to notify patients in a timely manner if the covered entity experiences a… Read More »

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