• posted: Aug. 30, 2023
• Todd McMurtry
• Employment Law
• terms of service,  limitation of liability,  intellectual property clause

As recently as 2018, just half of the country’s small businesses had a website. But today, in the aftermath of pandemic-era lockdowns and closures of physical plants, around 95 percent Read More

• posted: Jul. 30, 2023
• Todd McMurtry
• Professional Malpractice
• legal malpractice,  standard of professional care,  case within a case,  commingling funds

You expect your lawyer to represent you effectively and to work hard to achieve the results you want. However, the fact that the lawyer fell short of your expectations doesn’t Read More

• posted: Jun. 30, 2023
• Todd McMurtry
• business divorce,  market capitalization,  discretionary earnings

Dividing property is one of the most important and potentially contentious aspects of business partners falling out and going their separate ways. A business divorce requires that the company be Read More

• posted: May 30, 2023
• Todd McMurtry
• Business Law,  Civil Litigation
• breach of contract,  motion to dismiss,  business litigation

Contracts have been called the lifeblood of a business, and when unexpected troubles interrupt the flow, the health of the enterprise is affected. Being sued for breach of contract can Read More

• posted: Apr. 30, 2023
• Todd McMurtry
• Defamation
• damages,  business libel,  fox news

Libel consists of making untrue, harmful statements to third parties through writing, printing, broadcasting, pictures or other media. Because these means of communication create a record of the defamation, they Read More

• posted: Mar. 30, 2023
• Todd McMurtry
• Employment Law,  Business Law
• contracts,  non-compete agreements,  de facto clauses

Non-compete agreements are contractual provisions that prohibit certain employees from competing with their employer after they leave the company. Non-competes can help protect your business from ex-employees using your trade Read More

• posted: Nov. 30, 2022
• Estate Planning
• health care surrogate,  living will

Every adult resident of Kentucky should have a living will and designation of health care surrogate. This is a legal document designed to protect you if you become incapacitated and/or Read More

• posted: Oct. 30, 2022
• Todd McMurtry
• Business Law
• business divorce

Dissolving a business or ousting one or more of its owners can be catastrophic. In some ways, a business breakup is akin to a married couple divorcing. People who once Read More

• posted: Sep. 30, 2022
• Todd McMurtry
• defamation,  diversity of citizenship

Making a false statement about another person may be grounds for the victim to file a defamation action to recover money damages for harm to his or her reputation. Defamation Read More

• posted: Aug. 30, 2022
• Todd McMurtry
• Business Law
• business breakup

It’s common for a business to have more than one owner, each with a substantial financial stake in the company. But partnerships don’t always last, either because businesses fail, owners Read More

• posted: Jul. 30, 2022
• Todd McMurtry
• Defamation
• libel,  twibel,  twitter

Twitter, a social media platform founded in 2006, has become a phenomenally popular outlet through which individuals around the world send and receive news and opinion on a wide variety Read More

• posted: Jun. 30, 2022
• Todd McMurtry
• Business Law
• business plan,  personal assets,  inadequate capital

Some startup companies become successful businesses, but many more fail because they don’t take the steps necessary to put their companies on a workable basis or they take ill-advised actions Read More

• posted: May 15, 2022
• Todd McMurtry
• Professional Malpractice
• litigation,  professional malpractice

Attorneys are only human and it is possible that your lawyer made a serious mistake or gave you poor advice that caused you to suffer a negative outcome in your Read More

• posted: Apr. 15, 2022
• Todd McMurtry
• Intellectual Property
• libel,  defamation per se,  pinitive damages

If you own a business or engage in any other profession in Kentucky, you depend on your reputation to draw the customers or clients you need. Even in your private Read More

• posted: Mar. 15, 2022
• Todd McMurtry
• Civil Litigation
• civil disputes,  mediation,  alternative dispute resolution

Mediation, a quicker and more cost-effective alternative to litigation, has long been a voluntary option for parties in civil disputes. Now, the Kentucky Supreme Court has adopted rule changes that Read More

• posted: Feb. 15, 2022
• Todd McMurtry
• Business Law
• asset purchase,  due diligence,  stock purchase

In the small business arena, companies are usually bought and sold in one of two ways: by stock purchase or by asset purchase. In a stock purchase, the buyer assumes Read More