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  • Is Congress Inadvertently Putting Companies Out of Business? The Effect of the TCPA on Unwitting Marketing Efforts

    Posted by: Daniel J. Donnellon and Alex S. Rodger on Monday, September 19, 2016 at 9:00:00 am

    Is Congress Inadvertently Putting Companies Out of Business? The Effect of the TCPA on Unwitting Marketing Efforts A well-meaning Act of Congress designed to protect consumers, through nuisance damages, has become a nuclear bomb that can put entire businesses at jeopardy. That statute, known as the Telephone Consumer Protection Act (TCPA), has cost large businesses tens of millions and put smaller businesses into bankruptcy or simply ...
     
  • Indiana Commercial Courts Aim for Legal Consistency in Business Disputes; Indiana Starts a Commercial Court System

    Posted by: Margaret Christensen and Brian W. Welch on Wednesday, August 31, 2016 at 10:00:00 am

    Indiana Commercial Courts Aim for Legal Consistency in Business Disputes; Indiana Starts a Commercial Court System Background On Jan. 20, 2016, the Indiana Supreme Court issued an Order establishing the Indiana Commercial Court Pilot Project, and on April 27, 2016, the Court adopted Interim Rules for the administrative handling of cases. Citing “legal consistency” at the time it published Interim Rules, the Supreme Court ...
     
  • U.S. Equal Employment Opportunity Commission issues Final Enforcement Guidance on Retaliation

    Posted by: Philip C. Eschels on Tuesday, August 30, 2016 at 9:00:00 am

    U.S. Equal Employment Opportunity Commission issues Final Enforcement Guidance on Retaliation Retaliation claims are asserted most often in charges filed with the EEOC and, consequently, pose a growing threat to employers. Here are quick links to new EEOC Guidance, as well as some advice for actions employers should take to minimize the risks in this area. In the latest development, the U.S. Equal Employment ...
     
  • IRS will once again issue private rulings to taxpayers regarding some tax-free spinoffs

    Posted by: Ross D. Cohen and Margaret E. Hayes on Friday, August 26, 2016 at 2:00:00 pm

    IRS will once again issue private rulings to taxpayers regarding some tax-free spinoffs The IRS issued new guidance on August 26 revising its annual list of areas in which the IRS will refuse to issue taxpayer letter rulings (so-called “no-rule areas”). At the beginning of each year, the IRS publishes a list of some 125 specific areas, 12 general areas and other matters for which it will not ...
     
  • Legal Forum Column: Steven R. Wilson

    Posted by: Steven R. Wilson on Friday, August 26, 2016 at 9:00:00 am

    Legal Forum Column: Steven R. Wilson In the new Legal Forum Column, Steven R. Wilson discussed new proposed IRS regulations. Read his advice below and don’t miss our monthly Legal Forum Column in Louisville Business First. Question How will the new proposed IRS regulations related to valuation discounts impact my business planning? Answer For decades, ...
     
  • The Foreign Corrupt Practice Act and International Commerce: Avoidable Missteps Beyond the Water’s Edge

    Posted by: Dillon S. Nichols on Tuesday, August 23, 2016 at 11:00:00 am

    The Foreign Corrupt Practice Act and International Commerce: Avoidable Missteps Beyond the Water’s Edge For better or for worse, the global economy increasingly depends on trade between countries. Even for small- and medium-size businesses, growth might require entering foreign markets, which can bring all sorts of unexpected challenges. To exploit those new opportunities successfully, American businesses must confront ...
     
  • Employers in the Sixth Circuit Must Use "Reasonable Diligence" to Avoid Liability for Unreported Overtime

    Posted by: Philip C. Eschels on Monday, August 15, 2016 at 9:00:00 am

    Employers in the Sixth Circuit Must Use Wage and hour lawsuits are very popular with plaintiffs’ employment lawyers these days. Under the Fair Labor Standards Act (FLSA), the general rule is that, if an employer "knows or has reason to believe" that employees are working overtime, they must be paid the overtime rate. For employers in Kentucky, Ohio, ...
     
  • How will the new proposed IRS regulations related to valuation discounts impact my business planning?

    Posted by: Steven R. Wilson on Friday, August 12, 2016 at 9:00:00 am

    How will the new proposed IRS regulations related to valuation discounts impact my business planning? For decades, small business owners have utilized valuation discounts in order to minimize estate and gift taxes while at the same time providing for an orderly transition of ownership and management to the next generation. The way it worked was simple; the business was placed into a family limited partnership or ...
     
  • The American College of Trial Lawyers Challenges Long Delays in Veterans' Appeals for Benefits as Unconstitutional

    Posted by: J. Richard Kiefer on Wednesday, July 27, 2016 at 3:00:00 pm

    The American College of Trial Lawyers Challenges Long Delays in Veterans' Appeals for Benefits as Unconstitutional On July 21, 2016, the American College of Trial Lawyers filed a petition with the United States Court of Appeals for Veterans Claims seeking an order requiring the Department of Veterans Affairs (VA) to eliminate unconstitutional delays in the VA appeals system. The Petitioner has asked the Court to hold that the ...
     
  • What Could the First Ever OCR Settlement Under HIPAA with a Business Associate Mean for Health Care Providers?

    Posted by: Carmin D. Grandinetti on Friday, July 22, 2016 at 9:00:00 am

    What Could the First Ever OCR Settlement Under HIPAA with a Business Associate Mean for Health Care Providers? On June 30, the Health and Human Services Office for Civil Rights (“OCR”) announced the first-ever settlement under the Health Insurance Portability and Accountability Act (HIPAA) with a business associate. In the press release, OCR Director Jocelyn Samuels stated: Business associates must implement the ...
     
 
 
 

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