Richard A. Vance
Rick Vance's practice focuses on real estate law, antitrust, trade associations, financial institutions and the industrial hemp industry. He is based in the Louisville office.
Coronavirus and Association Meetings
Kentucky Society of Association Executives (KSAE) newsletter, March 16, 2020
Ask a Hemp Lawyer!
Panel member, Kentucky Hemp Industries Association Holiday Conference & Tradeshow, Murray State University, Murray, KY, December 20, 2019
Tips for Retailers: Banking and Credit Card Processing
Panel member, Kentucky Hemp Industries Association Holiday Conference & Tradeshow, Murray State University, Murray, KY, December 20, 2019
Sowing the Seeds and Reaping the Benefits of Kentucky's Newest Booming Industry
Industrial Hemp: A Lender's Guide, Consumer Financial Services Committee Monthly Call-In Program, August 21, 2019
Kentucky's Industrial Hemp Opportunity and Banks
Panelist, Kentucky Bankers Association Conference, French Lick, Indiana, April 16, 2019
Industrial Hemp: A Lender's Guide
UK Conference on the Law of Financial Institutions, October 2018
Banks, Loan Software, and UPL
Title Agencies Did Not Violate RESPA Affiliated Business Rule
RESPA Developments: CFPB v. Borders and Borders
Developments before the Consumer Financial Protection Bureau
Hot Topics in Real Estate Litigation
Antitrust and Trade Associations
Antitrust and Employment Law
Antitrust 101
Kentucky Condemnation and Eminent Domain
Compliance and Real Estate:
- Assists affordable housing trust funds with low income housing projects
- Assists banks and financial institutions with compliance with state and federal statutory and regulatory licensing and compliance
- Assists out-of-state lenders with compliance and real estate documentation and transactions and formal legal opinion advice
- Assists the Kentucky Bankers Association in analyzing and drafting real estate and banking legislation, including the Uniform Commercial Code
- Advises national clients on Kentucky legislative and regulatory developments
Antitrust and Trade Associations:
- Advises national and state trade associations on antitrust issues such as industry surveys and information sharing, membership and trade show policies, and product certification and standard setting programs
- Prepares HSR premerger notifications and defends second requests
- Advises hospitals, physician practices and other healthcare providers on the antitrust aspects of strategic transactions
- Defends companies against competition claims, including tying, price discrimination and dealer termination
- Defends antitrust investigations of the Federal Trade Commission, Department of Justice and Kentucky Attorney General
Litigation:
- Defends banks and financial institutions against TILA, RESPA, TCPA, FDCPA, UCC, usury and other statutory and common law claims
- Defends investigations and enforcement actions brought by the Consumer Financial Protection Bureau (CFPB), FDIC, and Kentucky Attorney General
- Real estate and title insurance litigation
Representative cases:
- Consumer Financial Protection Bureau v. Borders, 2017 U.S. Dist. LEXIS 108384 (W.D. Ky. 2017), 2018 U.S. Dist. LEXIS 46906 (W.D. Ky. 2018)
- Countrywide Home Loans, Inc. v. Kentucky Bar Association, 113 S.W.3d 105, 119 A.L.R. 5th 641 (Ky. 2003)
- Rogan v. Bank One, 457 F.3d 561 (6th Cir. 2006)
- American General Home Equity, Inc. v. Kestel, 253 S.W.3d 543 (Ky. 2008)
- JIG Real Estate v. Countrywide Home Loans, Inc., 712 S.E.2d 820 (Ga. 2011)
Kentucky Hemp Industry:
- Advises industrial hemp entrepreneurs and financial institutions on federal and Kentucky compliance issues
Opinions Committee, Chair
Homeless and Housing Coalition of Kentucky, Board of Directors
Kentucky Hemp Industries Association, Board of Directors
Kentucky Habitat for Humanity, Pro Bono Counsel and Volunteer
University of Kentucky College of Law
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Order of the Coif
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Articles Editor, Kentucky Law Journal
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John Craig Shelby Merit Scholar
University of Virginia
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Echols Scholar
Rick began his career as a consumer protection investigator with the Federal Trade Commission in Washington, D.C.
Rick is a former member of the Governing Committee of the Conference on Consumer Finance Law and a past board member for Kentucky Housing Corporation (KHC). He has built houses with Habitat for Humanity across the United States, as well as in Hungary, the Philippines and Mexico. He is also building an orphanage in Guatemala. Rick is the former President and current pro bono counsel for Kentucky Habitat for Humanity.
Rick likes outdoor activities such as kayaking and mountain biking.
Martindale-Hubbell® AV-Preeminent® Peer Review Rated
Kentucky Super Lawyers® (2013-20)
Louisville Magazine Top Lawyers (2016)
Information You Need on the COVID-19 Coronavirus
Stites & Harbison has assembled a Coronavirus Response Team which consists of a cross-disciplinary task force of attorneys and critical staff members to ensure our firm remains “On the Job” for you. Updated 07/06/20
Contracts Being Tested by COVID-19
As the country takes action to slow the spread of the COVID-19 coronavirus, sporting events, concerts, and business conferences are being cancelled at an astounding rate. Each day that passes since the outbreak brings new cancellations, government containment efforts, and complex legal questions. The initial visible impact in the United States has been predominantly to the hospitality and entertainment industries, with cancellations significantly affecting venues, attendees, hotels, and caterers; however, the impact of the coronavirus is sure to touch contractual agreements across all industries moving forward. How exactly will the coronavirus affect contracts? The answer: it’s complicated.
State Comments on USDA’s Interim Final Rule Governing Hemp Production
The comment period for the U.S. Department of Agriculture’s Interim Final Rule (IFR) has closed. Over 3,000 comments were submitted by farmers, companies, hemp industry associations, and state agriculture departments. Given their regulatory experience and the uniformity of their pushback, it seems likely that the USDA will be most receptive to the comments from the state agriculture agencies.
It is still so Madden-ing!
We have posted twice before on the Second Circuit Court of Appeals’ incorrect decision in Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015). There, the court of appeals reversed a district court ruling and refused to enforce a Delaware choice of law provision citing the public policy inherent in the New York criminal usury statute.
Kentucky Super Lawyers Honors 45 Stites & Harbison Attorneys for 2020
LOUISVILLE, Ky.—The 2020 edition of Kentucky Super Lawyers recently honored 42 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 32 attorneys to the Super Lawyers list and 13 attorneys to the Rising Stars list.
Into the Weeds of the USDA Hemp Regulations
The long-awaited hemp industry regulations have finally (mostly) dropped. At the end of October, the United States Department of Agriculture (“USDA”) finally issued its Interim Final Rule implementing the hemp-related provisions of the Agriculture Improvement Act of 2018 (“the 2018 Farm Bill”).
Kentucky General Assembly Approves Electronic Recording and Notarization
The General Assembly recently passed Senate Bill 114 into law, which will reform Kentucky’s recording and notary laws in two significant ways: county clerks will soon be able to record real estate deeds, mortgages and other documents electronically, and notaries public will be able to notarize real estate documents electronically and remotely.
2018 Farm Bill Finally Blossoms Into Law, Hemp Here to Stay
On December 20th, President Donald J. Trump signed the 2018 Farm Bill into law, ending any speculation surrounding the bill’s in-limbo status. Following a series of rejections and revisions, the bill’s newest version was overwhelmingly approved by the Senate 87-13 on December 11, 2018, and passed by the House in a lopsided 369-47 vote the next day.
Kentucky Super Lawyers Honors 42 Stites & Harbison Attorneys for 2019
LOUISVILLE, Ky.—The 2019 edition of Kentucky Super Lawyers recently honored 42 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 33 attorneys to the Super Lawyers list and nine attorneys to the Rising Stars list.
Is eRecording Secure? Recognizing the Risks, Deflating the Myths
Kentucky Super Lawyers honors 51 Stites & Harbison attorneys for 2018
LOUISVILLE, Ky.—The 2018 edition of Kentucky Super Lawyers recently honored 55 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 39 attorneys to the Super Lawyers list and 12 attorneys to the Rising Stars list.
Kentucky To Consider E-Recording Reforms
SCOKY Drops the Ball in Unifund
Rick Vance elected to Board of Directors of Kentucky Hemp Industries Association
Comer Introduces Industrial Hemp Bill
Kentucky General Assembly Halves Judgment Interest Rate
Stites obtains summary judgment dismissing the CFPB’s kickback claims against Borders & Borders PLC
Stites obtains summary judgment dismissing the CFPB's kickback claims against Borders & Borders PLC
Regulatory Climate Under the Trump Administration
Stites & Harbison attorneys Rick Vance, Brian Bennett, Blaine Early and Dustyn Jones discuss the regulatory climate under the Trump Administration in this presentation to a live audience at Keeneland Race Track in Lexington, Kentucky.
Lis Pendens Saves Equitable Mortgage
Still Not Valid When Made
Securities and Antitrust Issues for HR Professionals?
Kentucky Super Lawyers honors 55 Stites & Harbison attorneys for 2017
New York and Florida Courts Enforce E-Notes
How Are Banks Affected by the Employment Executive Orders?
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.
Kentucky Legislative Tweaks
Banking on Industrial Hemp
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).
Kentucky Legislature To Consider Commercial Receivership Reform
Richard A. Vance appointed to Kentucky Housing Corporation Board
U.S. Supreme Court to Consider “Valid When Made” Doctrine
Kentucky Super Lawyers honors 64 Stites & Harbison attorneys for 2016
Hot Topics in Banking and Real Estate Litigation
Stites & Harbison attorneys Rick Vance, Blaine Early, Chrisandrea Turner and Brian Pollock on Hot Topics in Banking and Real Estate Litigation.
Super Lawyers honor Stites & Harbison's Kentucky Attorneys
Judge Vacates $22 Million Verdict and Orders New Trial
WDKY holds that service charge on delinquent account violates Kentucky Usury Law!
How to Rescind a Mortgage Refinance? SCOTUS May Address Circuit Split
More CFPB Overreach?
Welcome to the Neighborhood — Kentucky High Court to Determine Whether Lender is Obligated to Pay HOA Dues on Unimproved Property
Healthcare Mergers: Idaho Judge to Unwind Acquisition of Medical Practice
SCOKY to Review "Secret Lien" Case
Sixth Circuit refuses to enforce HUD's 10 Factor Affiliated Business Arrangement Policy Statement
Super Lawyers honors Stites & Harbison's Kentucky attorneys for 2013-14
Kentucky's Unique Guaranty Statute
Kentucky's New Predatory Lending Law