Health Care
Stites & Harbison's Health Care Law attorneys draw on the firm's many years of experience to assist professionals, providers and suppliers in all aspects of the expanding health care industry.
No industry is garnering more headlines, and perhaps governmental scrutiny, than health care. As this industry expands, more and more attention is being directed to it. Meanwhile, the demand for cost containment is growing, too.
The firm has been ranked by the American Bar Association (ABA) Health Law Section as 5th in its Regional Top 10 Recognition for the South list.
We know the practical and the technical aspects of the business. Further, we have the ability to tap into the experience of attorneys outside the health care group to benefit our clients. These areas include mergers and acquisitions, employment law, pension and benefit plans, tax law, antitrust, real estate, and other areas. Additionally, the firm is a supporting Member of the Kentucky Association of Health Care Facilities.
Sixth Circuit Wrestles with Meaning of “Weekly Basis” Under the FLSA
On April 1, 2025, in Lynwood Pickens v. Hamilton-Ryker IT Solutions, LLC, the Sixth Circuit Court of Appeals clarified what it means to pay a salary on a “weekly basis” under federal regulation 29 C.F.R. § 541.602(a) for purposes of classifying an employee as exempt from overtime under the Fair Labor Standards Act (FLSA). In a divided opinion, the Sixth Circuit held that to be paid on a “weekly basis” means that an employee is paid for “a regular week’s worth of work.” As a result, the court held that an employer did not pay an employee on a “weekly basis”—and therefore owed the employee overtime—when the weekly guaranteed pay to the employee was only the equivalent of one day’s pay and the employee was paid an hourly rate for every hour worked beyond the first eight hours in the week.
EEOC and DOJ Issue Guidance Regarding DEI in the Workplace
On March 19, 2025, the Equal Employment Opportunity Commission and the Department of Justice issued two technical assistance documents regarding “diversity, equity, and inclusion” (“DEI”) programs in the workplace. Consistent with the Trump Administration’s Executive Orders regarding DEI, these technical assistance documents warn of the potential illegality of certain employment policies or initiatives under Title VII of the Civil Rights Act of 1964. Robin McGuffin takes a look at the guidance recommended in this Stites & Harbison Client Alert.
UPDATE: FinCEN and Treasury Department Announce They Will Not Enforce CTA Despite March Deadline
There is yet another update with respect to the Corporate Transparency Act (the “CTA”). Less than two weeks after the U.S. Treasury Financial Crimes Enforcement Network (“FinCEN”) set a new deadline for CTA compliance, both FinCEN and the U.S. Department of Treasury issued separate press releases announcing their intent to not enforce the CTA until new rules are finalized. Stites & Harbison's Corporate Transparency Act Committee takes a look at the update in this Stites & Harbison Client Alert.
UPDATE: Corporate Transparency Act Back on as Potential Changes Loom
Compliance with the Corporate Transparency Act (the “CTA”) is no longer voluntary. Businesses subject to the CTA, which includes the majority of entities formed or registered to do business in the United States, will have until March 21, 2025, to file their beneficial ownership information reports with the U.S. Treasury Financial Crimes Enforcement Network (“FinCEN”).
University Wins Jury Verdict Over Online Retailer for Trademark Infringement
A trial over a trademark dispute relating to an unlicensed online retailer’s sale of apparel and other merchandise bearing historic or retro logos and images of universities has concluded. In 2021, the Pennsylvania State University (“Penn State”) brought suit against Vintage Brand (“Vintage”) for trademark infringement and other claims in federal court in the Middle District of Pennsylvania, styled as The Pennsylvania State University v. Vintage Brand, LLC et al., 4:21-cv-1091. Since that time, at least a dozen other schools have sued Vintage on similar grounds, but this was the first case to go to trial and it has been watched intently by the trademark world as a bellwether case in the sports merchandising industry landscape and perhaps beyond.
Kentucky Super Lawyers Honors 47 Stites & Harbison Attorneys for 2025
The 2025 edition of Kentucky Super Lawyers recently honored 47 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 34 attorneys to the Super Lawyers list and 13 attorneys to the Rising Stars list.
Stites & Harbison Earns 2024 Regional Top 10 Honors from ABA Health Law Section
The American Bar Association (ABA) Health Law Section has ranked Stites & Harbison, PLLC in its 12th Annual Regional Top 10 Law Firm Recognition List. The firm ranked 5th on the South Top 10 list for 2024. Stites & Harbison has been honored 11 consecutive times on the South list.
Future of the Corporate Transparency Act is Uncertain
With the January 1, 2025, deadline for beneficial ownership information filings pursuant to the Corporate Transparency Act (the “CTA”) for entities formed prior to 2024 rapidly approaching, Judge Amos L. Mazzant III of the US District Court for the Eastern District of Texas preliminarily enjoined the enforcement of the CTA and its related regulations nationwide. Alison Zeitlin takes a look at what is happening in this Stites & Harbison Client Alert.
Stites & Harbison Welcomes Nine Attorneys to Kentucky and Georgia
Stites & Harbison, PLLC announces the addition of nine attorneys to the firm. Four attorneys join the Louisville, Ky., office: Rachel Gumbel, Jackson B. Hurst-Sanders, James E. Myers and April M. J. Sain. Harper B. Anderson, Holly A. Couch and Robert H. Dean join the firm in Lexington, Ky., while Mackenzie Miller and Lauren Towell (Ren) join the Atlanta office.
Regulated Products: What Manufacturers and Retailers Need to Know Now
Stites & Harbison attorneys Warren Schickli and Drake Staples take at a look at what manufacturers and retailers need to know in this Stites & Harbison complimentary webinar series focused on forever chemicals and what businesses need to do.
Stites & Harbison Earns 93 Rankings in 2025 Best Law Firms®
Stites & Harbison, PLLC has been ranked in the 2025 edition of Best Law Firms®. The firm’s National Tier 1 rankings include: Litigation – Construction, Litigation – Real Estate, and Trademark Law. The firm’s overall results include 93 metropolitan rankings in six regions and represent 52 legal practice areas.
Forever Chemicals: Breaking Down Insurance Coverages
Neil Barton and Charles Stopher present an overview of available insurance coverage and potentially applicable exclusions to the increased risk of PFAS exposure in the third session of Stites & Harbison's webinar series "Forever Chemicals: What does your business need to know and do?".
Kentucky Academy of Healthcare Attorneys Webinar: Medical Cannabis Seminar
Time: 9:00 a.m. - 12:00 p.m.
WEBINAR
Stites & Harbison attorneys Bailey Browning, Kelly White Bryant, Jennifer Cave, Jackson Hurst-Sanders, Robin McGuffin and Sarah Cronan Spurlock will be speakers at the Kentucky Academy of Healthcare Attorneys webinar, Medical Cannabis Seminar being held November 13, 2024.
Jennifer Henry Jackson Selected for Ignite Louisville Class of Spring 2025
The Leadership Louisville Center has selected Stites & Harbison, PLLC attorney Jennifer Henry Jackson to participate in the Ignite Louisville Class of Spring 2025. The six-month class teaches the key components of leadership to young professionals between the ages of 25 and 45 years old.
A Forever Chemicals Primer: When, Why, How, Who, and Where?
Part 1 of webinar series, "A Forever Chemicals Primer: When, Why, How, Who, and Where?," where attorneys Jennifer Cave and John Tate discussed identifying common commercial and industrial applications of PFSA; providing up-to-date human health and environmental testing data; and discuss state and federal regulatory status of forever chemcials.
Stites & Harbison, PLLC Achieves 2023-24 Mansfield Certification
Stites & Harbison, PLLC is pleased to announce that it has achieved 2023-24 Mansfield Certification. Mansfield is a year-long structured certification process designed for law firms to ensure all lawyers have an opportunity to advance into leadership.
Betsy Johnson Appointed to Lexington’s Human Rights Commission
Lexington Mayor Linda Gorton and the Urban County Council recently appointed Stites & Harbison, PLLC attorney Elizabeth “Betsy” Johnson to the Lexington-Fayette Urban County Human Rights Commission. Her term expires on January 1, 2028.
FTC Noncompete Rule Struck Down Nationwide
On Tuesday, August 20, 2024, the United States District Court for the Northern District of Texas entered an order preventing the FTC’s rule on noncompetes from going into effect nationwide. For the time being, employers do not need to comply with the FTC’s rule, which was scheduled to go into effect on September 4, 2024. Employment attorneys Shannon Hamilton, Robin McGuffin, and Zac Losey take a look at that decision in this Stites & Harbison Client Alert.
Stites & Harbison, PLLC Lawyers Named to 2025 Best Lawyers® Publications
Stites & Harbison, PLLC is pleased to announce that 97 of its lawyers are included in the 2025 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence according to the publication. Additionally, 12 Stites & Harbison attorneys are named as “Lawyer of the Year” and 30 attorneys are recognized in Best Lawyers: Ones to Watch® in America, which recognizes attorneys early in their careers for outstanding professional excellence in private practice in the United States.
Courts Now Split on Enforceability of FTC Noncompete Rule
On July 23, 2024, the Eastern District of Pennsylvania denied a company’s motion to enjoin the enforcement of the FTC’s rule banning nearly all noncompetes. This contradicts the Northern District of Texas’s order on July 3, 2024, which granted a preliminary injunction enjoining the rule as it applies to the plaintiffs in that case. With opposing rulings, employers remain in limbo as the rule’s September 4, 2024 enforcement date approaches. Employment attorneys Shannon Hamilton, Robin McGuffin, and Zac Losey take a look at what happened.