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Posts from June 2007.

In the recent legislative session of the Kentucky General Assembly, the Legislature passed the “Kentucky Fairness in Construction Act” which imposes significant changes to the current parameters of construction contract negotiating. The new law establishes certain provisions as null, void and unenforceable under Kentucky construction contract law; establishes time ...

In Episcopal Church Home and Infirmary v. Department of Revenue, Case No. 03-CI-547 (Franklin Cir. Ct., Jun. 13, 2007), the Franklin Circuit Court held that the Episcopal Church Home and Infirmary (“Episcopal Church Home”) was subject to Healthcare Provider Tax (“Provider Tax”).

The Episcopal Church Home is a non-profit 501(c)(3) organization that provides nursing and ...

In what has proven to be a very high profiled decision in the industry, the Kentucky Supreme Court, in a construction law case, has adopted a theory of liability that significantly impacts the relationship of parties to construction projects.

In Huber v. Wal-Mart, the Eighth Circuit reversed summary judgment that had been granted in the plaintiff’s favor on her claim that she should have been awarded an open position as a reasonable accommodation, rather than having to compete for the position with other qualified candidates. Noting that this was a question of first impression for that Circuit, the Eighth Circuit held ...

The 2007 Kentucky General Assembly enacted into law several new pieces of tax legislation.

Posted in General

A federal district court in Nevada recently exonerated a Las Vegas nephrologist of charges by the government that he had knowingly submitted false claims for Medicare payment. The court found that the situation presented was highly unusual, and the physician’s failure to comply with Medicare billing rules was not intentional since made under rules that were far from clear in the situation.

Congress’ first quarter of 2007 has been an active one, with proposals made for regulating various aspects of the employment relationship. Since January, several significant pieces of legislation pertaining to labor and employment have been considered. The following is a summary of just a few of them.

This article is the third in our series of “Selling Your Privately-Owned Business.” In this article, we focus on the time when you are identifying prospective buyers and holding preliminary discussions with one or more buyers. The following three suggestions will help you avoid some of the more common missteps during this critical time.

Many clients, whether publicly-traded or closely-held, have experienced problems with the commercial insurance markets and have set up their own “captive” insurance companies. The economics have developed so that smaller companies with significant risks can profitably use a captive.

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