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How to Survive a Business Divorce

Nobody enters into a commercial venture anticipating that the enterprise will fail. Nevertheless, small and start-up businesses are particularly susceptible to dissolution or drastic changes in ownership. Relationships sour, peoples’ priorities change, someone gets sick or dies or the business suffers poor profitability or takes a different course than originally planned. There are innumerable factors Read More

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How One Business Can Sue Another for Defamation

Businesses can live and die by their reputations. A commercial enterprise can spend decades building a reputation as a trustworthy provider of quality goods or services. Although robust competition is a fundamental aspect of doing business, some people will resort to illegitimate tactics against a rival, such as spreading falsehoods that can greatly harm a Read More

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Can Your Employer Mandate That You be Vaccinated Against COVID-19?

As the Delta variant of COVID-19 continues to rampage across the state and the country, an increasing number of Kentucky businesses are requiring their employees to get vaccinated as a condition of returning to a physical workplace. Understandably, many employees have questioned whether companies have the legal right to impose this mandate. The short answer Read More

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What are Your Legal Remedies When Someone Defames You on Facebook?

Facebook, a social media platform that its founders said would unite the world, unfortunately provides a forum for spreading misinformation and smearing reputations. If you believe you have been defamed on Facebook, there are things you can do to fight back. A statement about a person or entity is defamatory if it is false, is Read More

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How Can an Anti-SLAPP Statute Affect a Defamation Claim?

Wealthy companies and individuals rarely welcome news reporting and other commentary critical of the way they go about their business. In fact, they will sometimes go to great lengths to silence their critics and opponents. One of the ways they do this is by filing a strategic lawsuit against public participation — or SLAPP suit Read More

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When Can a Personal Representative of an Estate be Held Personally Liable?

A personal representative is someone charged with handling the administration of a decedent’s estate, whether as an executor under a will or as a court-appointed administrator if the decedent had no will. The personal representative must carry out his or her role in accordance with Kentucky law. In certain circumstances, failure to adhere to relevant Read More

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Do CGL Insurance Policies Cover Copyright Infringement Claims?

In the digital age, intellectual property holders have become increasingly aggressive in litigating against anyone believed to have unlawfully used copyrighted material. If you are engaged in any activities that could possibly be viewed as infringement, you need to be sure that your commercial general liability insurance policy provides adequate coverage. That, in turn, depends Read More

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How Independent Contractors Can Secure and Protect Copyright Interests in Works Made for Hire

In general, the creator of a work — whether it is musical, verbal, visual, digital or another form — is entitled to the copyright. However, federal law makes exceptions for “works made for hire.” These are works created by employees during the course of their employment or by independent contractors. In those cases, the employer Read More

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Can an At-Will Employee Be Fired for Engaging in a Political Protest?

Most people have strong opinions regarding politics — and sometimes the topic can be difficult to avoid in the workplace. If you express your views at your job or by participating in a political protest, you may be wondering if you can be legally terminated by your employer in retaliation. Although the First Amendment provides Read More

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Does the President Have the Legal Authority to Cancel Student Loans by Executive Order?

One of the biggest issues faced by the Biden Administration is the nation’s student loan crisis. Congressional leaders and various organizations are calling on President Biden to cancel up to $50,000 in student loans per borrower by executive order. Biden supports the idea in principle but questions whether he has the legal authority to take Read More

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