Resources
Client Alerts

NIL Update – Should Student Athletes Seek Professional Advice?

On July 1, 2021, several state laws allowing student athletes to profit from their name, image and likeness (“NIL”) went into effect. The NCAA also adopted an interim NIL policy allowing student athletes in any State to receive monetary compensation for their NIL.

by Aaron R. Klein, Rebecca M.W. Sherman, and Michael Denbow August 27, 2021
Client Alerts

Key Takeaways for Employers Under OSHA’s Updated COVID-19 Guidance as Delta Variant Spreads and Positive COVID Cases Increase

On August 13, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) updated its guidance for COVID-19 precautions in the workplace to match the CDC’s new guidance, issued on July 27, 2021.

by Rachel Dix Bishop, Shannon Antle Hamilton, and Rebecca A. Weis August 17, 2021
Client Alerts

Sophisticated Buyer Beware: Updates to the Economic Loss Rule in Tennessee

Discussion has re-emerged in Tennessee regarding the economic loss rule, a judicially-created remedy that precludes contracting parties from pursuing tort remedies for purely economic losses arising out of a contractual relationship. On August 2, 2021, the Tennessee Supreme Court issued an opinion, addressing an issue of first impression in Tennessee—whether fraud is an exception to the economic loss rule.

by Lauren Paxton Roberts and Alisa Micu August 09, 2021
Client Alerts

Secured Lenders Fail to Manage the Risk of “Springing Liens” at Their Peril

“Springing liens” are first priority statutory liens on property that spring into existence when certain obligations remain unpaid. Springing Liens can attach to real estate, for example, when the following obligations are not paid: taxes, condominium association dues, or claims for construction labor or materials.

by Elizabeth Lee Thompson July 29, 2021
Client Alerts

Updating Project Financing Options — Post-Pandemic

As the pandemic begins to ease and everyday life is moving toward normalcy, whatever that may be, the pace of the economy’s resurgence, in the words of Federal Reserve Chairman Jerome Powell, “… is about to accelerate much more quickly than anticipated with output approaching its pre-pandemic level.” Capital investment, especially in distressed economic communities, will be needed more now than ever, to enable for-profits and non-profits to start and grow businesses, accelerate job growth, and lessen economic hardships triggered by COVID-19.

by James C. Seiffert and Jameson M. Seiffert July 28, 2021
Client Alerts

Amendments to the Bankruptcy Code Impact Lessors Post COVID-19

With available vaccines and lifted restrictions, restaurant capacities have increased, moratoriums are ending, and handshakes abound. This return to normalcy comes along with the need to address the ongoing impact of COVID-19 and legislation enacted in response. For example, the Coronavirus Aid, Relief, and Economic Security (CARES) Act’s amendments to the Bankruptcy Code will have an impact through at least December 2022.

by Erika R. Barnes, Brian R. Pollock, and Jackson B. Sanders, 2021 Summer Associate July 13, 2021
Client Alerts

Kentucky Joins Growing Number of States Allowing Student-Athletes to Receive Name, Image, Likeness (NIL) Compensation

With Governor Andy Beshear’s June 24, 2021 Executive Order, Kentucky joins a growing minority of states allowing student-athletes to receive compensation for the use of their name, image, and likeness (NIL). Effective July 1, the Order applies to student-athletes at all postsecondary institutions in Kentucky.

by Rebecca M.W. Sherman, Michael Denbow, and Wayne Jones, 2021 Summer Associate July 02, 2021
Client Alerts

Amendments to Kentucky Open Records Act Set to Become Effective June 29, 2021

In its 2021 regular session, the Kentucky General Assembly passed, and ultimately overrode Governor Andy Beshear’s veto of, House Bill 312 to amend the Kentucky Open Records Act, KRS 61.870 to KRS 61.884. Effective as of June 29, 2021, among other changes, the amended Act will restrict inspection rights to Kentucky “residents,” require public agencies to accept emailed open records requests, and extend public agencies’ time for handling requests from three days to five days.

by Rachel Owsley, Luke F. Ervin, and Lucy Falkner, 2021 Summer Associate June 16, 2021