Recent Blog Posts

Key Considerations Before Mediation of a Business Dispute

Written By: Todd V. McMurtry Today most courts require that litigants attempt to mediate a resolution to their dispute before the court will set the matter for trial. For this reason, it is critical that the parties evaluate a number of key variables before they go to mediation.  Here is starting point for the process…. Read More »

That Company That Owed Me Money Just Went Under! Now What?

Written By: Scott R. Thomas You did everything right.  You negotiated a good deal.  You reduced it to a written agreement so both sides knew their obligations.  You held up your end of the bargain and delivered the goods and services you promised on time.  But now you’re not getting paid.  You call them but… Read More »

Coming Soon: Major Changes to the Fair Labor Standards Act that Promise to Impact Nearly Every Kentucky Business

Written By: Kyle M. Winslow The Fair Labor Standards Act (“FLSA”) requires that most employees be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the employee’s regular rate for hours worked over 40 in a workweek. Section 13(a)(1) of the FLSA, however, provides an exemption… Read More »

Getting a Competitive Edge May Be as Easy as D.B.E.

Written By: Scott R. Thomas Federal, state and local governments offer numerous benefits to a disadvantaged business enterprise or a “DBE.” Government projects sometimes set aside a portion of the contract value with a view toward that work being performed by a DBE. A contract awarded to a prime contractor may require a portion of… Read More »

The Risk of Party Incapacity During Mediation

Written By: Todd V. McMurtry Most lawsuits today are settled through mediation.  For this reason, a lawyer’s skill at managing the mediation process is more critical than ever.  So, a lawyer has to be prepared for the unexpected.  Take for example, a client that has become incapacitated.  Time and circumstance may cause a client who… Read More »

Kentucky’s Child Support Guidelines: A Guide for Higher-Income Parents

Written By: Justin Whittaker There are two competing concerns when addressing child support payments when the parties involved collectively enjoy a high monthly income: the needs and lifestyle of the children, and whether a large calculation of child support would be a windfall to the custodial parent, offering no benefit at all to the children. … Read More »

Gun Trusts: Get Yours Before the Rules Change!

Written By: Scott R. Thomas If you want to own a suppressor (a silencer) or any firearm regulated by the National Firearms Act of 1934 (“NFA”), you have to submit an application to the Bureau of Alcohol, Tobacco, Firearms, and Explosives.   These items are serialized and the Bureau keeps track of who owns what.  You submit… Read More »

Your Employee Handbook: Answer Warehouse, Communication Tool, and Insurance Policy

Written By: Scott R. Thomas Do you get bombarded with questions from employees about the same topics, over and over again?  Are you plagued with situations where information given by one supervisor conflicts with that given by another supervisor?  Are you summoned to referee disputes between employees who claim that someone is being treated differently?… Read More »

One of Your Employees Makes a Sexual Harassment Complaint! Now, What?

Written By: Scott R. Thomas Few things have a more costly and damaging effect on all aspects of a business than a sexual harassment complaint.  Legal costs are incurred to respond to inquiries from the Equal Employment Opportunity Commission.  If the matter is not resolved there, costs escalate as the matter proceeds to litigation.  Even… Read More »

The Three Best Ways to Stay Out of Court

Written By: Todd V. McMurtry Foreclosures, criminals and divorces combined with chronic understaffing have clogged the courts.  If you have not been involved in a lawsuit in the past ten years or so, you should count your blessings.  In my opinion, because many states are functionally insolvent, they have understaffed and underfunded their courts.  The… Read More »

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