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How to Determine the Strength of Your Company’s Claim for Defamation

Defamation is a common law tort that can be directed at a person, business, a business owner or employees of a company. The defamatory statement can be written (libel) or spoken (slander). In order to be considered defamation, it must be a false statement of fact, not an opinion, about the business entity or one Read More

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Kentucky Supreme Court Upholds Governor’s Power to Order COVID-19 Lockdowns but Legislators Balk

On November 12, 2020, the Kentucky Supreme Court rendered a unanimous decision that upheld executive orders and regulations issued by Governor Andy Beshear in response to the COVID-19 pandemic, finding them a legitimate use of the governor’s executive authority that did not violate the Kentucky Constitution. However, the decision has prompted a legislative backlash that Read More

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The Right of Shareholders to Inspect Corporate Records

Shareholders have common law and statutory rights to inspect and copy the records and books of corporations and limited liability companies (LLCs). These rights exist so that shareholders are able to ascertain whether corporate management is being properly conducted and so that they have accurate information when voting on corporate issues. These rights don’t often Read More

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How to Obtain Records from a Public Agency in Kentucky

Kentucky citizens have the right to know how public agencies, officials, departments and other bodies conduct their affairs. Since passage of the Kentucky Open Records Act in 1976, all public records have been open for inspection by anyone who requests them, unless the record falls under an exemption. The Open Records Act applies to all Read More

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Understanding Shareholders’ Rights in Derivative Actions

When someone who controls a corporation, such as a CEO or director, engages in conduct that a shareholder believes has harmed the corporation in some way, what can the shareholder do about it? In some circumstances, a shareholder may file a derivative lawsuit. Shareholders are investors in a corporation but they do not have control Read More

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Can China Be Held Legally Responsible for the COVID-19 Epidemic?

A bill recently introduced in Congress would allow Americans to sue the Chinese government for harm caused by the coronavirus pandemic. The measure, called the Holding the Chinese Communist Party Accountable for Infecting Americans Act, is the most recent in a series of attempts by legislators to saddle China with legal liability for the spread Read More

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Estate Planning in the Time of Coronavirus

The coronavirus has swept through Kentucky and Ohio just as it has the rest of the nation. As the number of confirmed COVID-19 cases has risen, along with the death toll, more people may be thinking about long-term medical care and how their assets will be distributed if they pass away. The quarantine period is Read More

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Coronavirus Relief Bill Temporarily Expands Family and Medical Leave

The Families First Coronavirus Response Act (FFCRA), enacted as part of the national response to COVID-19, requires employers to allow employees expanded family and medical leave for reasons related to the coronavirus. The new law temporarily expands the reach of the Family and Medical Leave Act (FMLA), which applies to all private employers with at Read More

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How COVID-19 Might Affect Your Estate Tax Planning

It should not take a pandemic to remind us all of our own mortality and the need to plan for our loved ones. However, the lethal spread of the COVID-19 virus highlights why it is so important to have a sound strategy in place to minimize taxes and maximize the value of your estate. We Read More

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Complying with Corporate Annual Meeting Requirements during the COVID-19 Quarantine

How do you hold a corporate annual meeting when the entire country is in lockdown? On the surface, it might seem like a simple matter of using a favorite video conferencing tool and perhaps checking to see if it’s been hacked. Annual meetings for corporations are more than get-togethers. They are legally mandated proceedings that Read More

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