Subscribe to RSS Feed

Articles, Books & Whitepapers

How Are Banks Affected by the Employment Executive Orders?

Kentucky Banker Magazine, May 2016
by Richard A. Vance

While many legislative proposals have stalled in Congress, President Obama has moved forward with a variety of labor and employment initiatives by means of Executive Orders. Such orders are limited to the regulation of "federal contractors" and by their own terms. Whether banks and their employees are covered depends on a variety of factors.

Read More

Banking on Industrial Hemp

Kentucky Banker Magazine, April 2016
by Richard A. Vance

Colorado has legalized marijuana for medical and recreational use. Kentucky has legalized the production of industrial hemp. Both substances are derived from the same species, cannabis sativa l., which Congress has declared unlawful under the Controlled Substances Act (CSA) [1].

Read More

Hidden costs of chips: Starting in October, credit card companies may no longer pick up the tab for fraudulent transactions

Medical News, September 8, 2015

No, not potato chips, micro-chips! Beginning October 1, 2015, merchants and card-issuers may be liable for fraudulent transactions, depending on who’s the #LeastTechSavvy. At present, credit card companies, for the most part, cover the costs of counterfeit transactions when they occur over their networks. However, after October 1, Visa, MasterCard, Discover and American Express have announced that whichever party has not updated their technology to meet the new EMV or Chip and Pin cards will be responsible for the cost of the fraudulent transaction.

Read More

Extreme Sports Challenge the Courts

Product Liability Law & Strategy, August 2015
by John L. Tate and Emily Larish Startsman

Extreme sports are increasingly popular in the U.S., and participation is growing. "Extreme" means different things to different people.  But participation is not only up in sports such as mountain biking and snowboarding, more people also are bungee jumping, hang gliding, wind surfing and rock climbing. As more Americans become involved in hazardous recreation, the number of personal injuries is also rising, especially among minors. With injuries comes litigation, of course, and the popularity of extreme sports raises challenging questions of liability.

Read More

Compelling Discovery for Foreign Arbitrations

Products Liability Litigation Newsletter, American Bar Association, August 10, 2015
by J. Brittany Cross Carlson

In today’s global economy, product manufacturers resource materials and components, sell their products, and expose themselves to potential litigation in countries far from the manufacturer’s home base. While clients may understand—though they may not like—their obligations to participate in discovery as a party to a products liability dispute, they also may be subject to the same discovery requirements even though they are not a party in matters pending in foreign jurisdictions. One avenue to compel discovery in the United States for use in proceedings in foreign jurisdictions is 28 U.S.C. section 1782.

Read More

6th Circuit Joins Majority of Circuits by Taking Narrow View of FCA Public Disclosure Bar

Medical News, April 2015
by Ozair M. Shariff

During February of this year, the 6th Circuit Court of Appeals joined the majority of circuits and held that the disclosure of information to the government during an audit or investigation does not constitute a “public disclosure” and subsequently does not create a jurisdictional bar to a qui tam action under the federal False Claims Act (“FCA”). The Court’s decision in United States ex rel. Whipple v. Chattanooga-Hamilton County Hospital Authority allowed the plaintiff to proceed with his case on remand and has the potential to invite more FCA qui tam actions given the narrow interpretation given to the public disclosure bar.

Read More

Hiring, firing and intellectual property

HR Notes, Nashville Area Chamber of Commerce, April 1, 2015
by Jennifer L. Kovalcik

HR can be an important gatekeeper in protecting a company's intellectual property – for employees and contractors alike. Intellectual property includes trade secrets and proprietary information (such as customer lists, formulas and manufacturing processes), copyrights (such as software, photographs, videos, web content and manuals), and patentable inventions (such as a medical device, machine, chemical compound, business method or even a product design).

Read More

Lawyers with Big Hearts

Tennessee Bar Journal, January 2015
by Barry Kolar

Rebecca McKelvey Castañeda was awarded the Harris Gilbert Pro Bono Volunteer of the Year award for 2014 by the Tennessee Bar Association.

Read More

Sustainability and Biofuels

Sustain, Issue 31, Fall/Winter 2015, Kentucky Institute for the Environment and Sustainable Development, UofL, December 2014
by W. Blaine Early III

As the saying goes, "Be careful what you wish for; you might get it." This describes the current state of biofuels. The appealing concept of biofuels is supported by well-meaning environmental advocates, business interests, and governmental policy, but if we don't make wise choices, then the reality may not be all that we wished for.

Read More

The changing face of Kentucky’s long-term care

Medical News, October 13, 2014
by K. Kelly White Bryant

In 1999, by a six to three majority, the United States Supreme Court issued a seminal decision in Olmstead v. L.C., which involved the application of Title II of the Americans with Disabilities Act of 1990 (ADA). Olmstead concerned several intellectually disabled individuals (“individuals”) who were admitted to a Georgia hospital but not timely discharged from the hospital although their treatment professionals agreed that they could be cared for safely in the community.

Read More

Your Company’s Role in Public Policy Battles

The Corporate Board, September/October 2014
by Ellen Tauscher, Patrick Dailey

The voice of business in political and regulatory issues has been a hot button topic since the U.S. Supreme Court's Citizens United decision. Public policy battles will continue whether your corporation is active or not, and avoiding the debate may not be an option. What does your board need to know about the company's involvement in PACs, lobbying, and all those other messy necessities of modern policital life?

Read More

Upcoming Changes to Federal Rules of Civil Procedure: Modernizing Scope of Discovery and Clarifying Consequences of Failure to Preserve

Louisville Bar Association’s Bar Briefs, September 2014

If you practice in federal court, pay close attention to the changes to the Federal Rules of Civil Procedure arriving in 2015.  Implementing the so-called “Duke Rules Package” developed at a 2010 Federal Rules Advisory Committee meeting held at Duke University, upcoming changes recommended by the Advisory Committee focus on three main areas:  (1) early judicial case management; (2) the scope of discovery and (3) litigants’ failure to preserve electronically stored information.

Read More

Breach of Contract for Wrongful Death

Georgia Casenote, website of the Construction Litigation Committee of the Litigation Section of the American Bar Association
by R. Daniel Douglass

This article appeared as a Georgia Casenote on the website of the Construction Litigation Committee of the Litigation Section of the American Bar Association and is reprinted with their permission.

Read More

And The Defense Wins

The Voice, DRI, July 16, 2014
by John L. Tate

DRI member, John Tate, of Stites & Harbison, PLLC, won a defense verdict for Leatt Corporation in Scarvelli v. Leatt Corporation (Case No. 1:12-CV-00483), a product liability lawsuit in U.S. District Court for the Northern District of Ohio after a two-week trial ending April 17, 2014.

Read More

The Supreme Court Redefines 'Exceptionality' and Lowers Bar for Recovery of Attorney Fees in Patent Suits

Business Law Today, American Bar Association, Vol. 23, Issue 10, June 2014
by Joel T. Beres and Melissa Hunter Smith

Patent infringement litigation is expensive, and the cost of that litigation can make or break a company. By the same token, even our nation’s largest and healthiest companies are spending millions of dollars on arguably meritless patent litigation brought by non-practicing entitites and, at the end of the case, they have nothing to show for it but a hefty legal bill. The Patent Act allows a successful party to recover its attorney fee expenses from the other party under certain circumstances. 

Read More

Differing Site Conditions:

Tennessee Road Builder, March/April 2014
by Zachary D. Jones

A February 11, 2014, opinion from the United States Court of Appeals for the Federal Circuit adds further support for contractors’ reliance on owner provided geotechnical data.  The decision dealt, in part, with the Differing Site Conditions clause in the federal contract, 40 CFR 52.236-2.  Since many other standard contracts employ similar language in their Differing Site Condition clause, the decision may have some impact beyond federal contracts

Read More

Ten Things Employers Should Know About Wellness Programs

Nashville Area Chamber of Commerce's HR newsletter, February, 2014
by Andrew R. Jacobs

In recent years, many employers have instituted employee wellness programs to encourage good health, lower medical costs, and improve employee productivity and attendance. Initially, large employers were the primary proponents of wellness plans, but now many small and mid-sized companies sponsor wellness programs. Wellness programs can take many forms. Some focus more on disease management while others focus more on healthy lifestyles and habits.

Read More

Subcontracting is a Risky Business: Ensuring Payment on Public-Private Partnerships?

Insurance, Surety & Liens, newsletter of Division 7 of the ABA Forum on Construction, December 2013
by Zachary D. Jones

Construction projects are like onions—and ogers—they have many layers. On a typical construction project an owner will contract with a general contractor who will then contract with subcontractors, who may themselves contract with even lower tier subcontractors. Ultimately, there tend to be many intermediaries between subcontractors doing the work and owners who benefit by the work on construction projects. One problem that results from this for subcontractors is how they ensure payment for their work if the contractor with whom they have contracted refuses to pay?

Read More

Defending Class Actions

Global Business Magazine, December 1, 2012
by Chadwick A. McTighe

The fundamental feature of a class action is that the claims are such that resolving those claims for one plaintiff effectively would resolve those claims for others who have the same claims against the defendant.  Rule 23 of the Federal Rules of Civil Procedure and its state equivalents, require proof of several elements designed to help determine whether this feature is present in a given case.

Read More

Best practices in leadership

Medical News, November 17, 2012
by Matthew J. DeVries

As a busy lawyer and father of seven young children, I know that it takes the right team to achieve success at work and home. Whether you are talking about adjusting to the challenging healthcare environment with new regulations and technologies, or fostering good relationships with your colleagues, staff, family and friends, anyone can find the right balance by planning ahead and using some best practices.

Read More

A brief look at the EEOC’s updated Guidance regarding criminal records use by employers

Nashville Area Chamber of Commerce's HR Notes, November 5, 2012
by M. Clark Spoden

Recently, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance (Guidance) regarding employer use of arrest and conviction records in employment decisions.  The Guidance highlights the EEOC's approach to the use of criminal records in background checks, but should not be considered by an employer in a vacuum.

Read More

Proceed with caution

Medical News, October 2012
by Brian A. Cromer

Merger and acquisition (M&A) activity in the healthcare field, including the long-term care sector, has been strong, with high reported deal volume and values.  The dynamic created by healthcare reform in the U.S. is certainly a major force behind the move to greater consolidation, as well as factors such as the uncertainty resulting from downward pressure on reimbursement, challenging economic conditions, the looming fiscal cliff and the possibility of a less favorable future tax environment.

Read More

You don’t miss it until it’s gone: Drought highlights the importance of water management

Water Quality and Wetlands Committee Newsletter, American Bar Association, Vol. 10, No. 2, August 1, 2012
by W. Blaine Early III

Blaine Early and Kathryn Taylor (a summer associate with the firm) explore how regulators, water users, legislators, and the courts are responding to severe droughts in west Texas and the Southeastern United States by allocating water among competing users, incentivizing conservation, or, in an example of the law of unintended consequences, triggering greater depletion of limited groundwater reserves.  The authors consider the economic and environmental consequences of drought in the two regions and posit that Georgia legislators should consider a system such as that adopted by Texas, allowing counties and cities to provide financial incentives for rainwater harvesting.

Read More

Supreme Court Clarifies Test to Determine Navigability for Title to Riverbeds

Water Quality and Wetlands Committee Newsletter, American Bar Association, Vol. 10, No. 2, August 1, 2012
by Kenneth J. Gish, Jr.

Ken Gish, along with Elizabeth Thomas and Kari Vander with K&L Gates, LLP, review the Supreme Court's February 2012 decision in PPL Montana, LLC v. State of Montana and present an enlightening summary of the distinction between federal navigability tests for the purposes of (1) establishing title to the beds of water bodies, (2) determining the extent of federal regulatory jurisdiction under the Commerce Clause, and (3) determining the extent of admiralty jurisdiction.  To the confusion of many courts and practitioners, the test for navigability is applied differently in each of these distinct types of cases.

Read More