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Posts from March 2008.

In the recent case of Gilbert v. Kentucky Cabinet for Health and Family Services, the Kentucky Court of Appeals ruled that a Kentucky physician and his group practice violated state law by operating three offices providing magnetic resonance imaging (MRI) services without first obtaining a Certificate of Need (CON) from the Cabinet for Health and Family Services (Cabinet). The ...

The Kentucky Supreme Court recently issued a significant opinion for employers that offer release agreements to employees. In overruling prior precedent, it found that a validly executed release waives the employee's right to sue, and that an employer may have the case dismissed when an employee sues after signing such a release.

 

When Humana eliminated Colleen Blose's job due to a ...

Posted in Tax and Finance

In a farm operation, like any business venture, business transactions have tax consequences. Farmers engaged in the production of crops, such as corn and soybeans, are well aware that income in excess of expenses represents taxable income. While this same amount represents profit for the farmer, it can also create a large tax burden. This is especially true for retiring farmers, who may have harvested crops or livestock to sell, but have no offsetting expenses. Additionally, in good years, surplus crops in excess of expenses may impose a large tax burden when sold.

An Ohio jury recently awarded a company, Innovative Technologies Corp. (ITC), nearly 23 million in damages against a group of three former employees. Amazingly, a competing company had colluded with the former employees to misappropriate ITC’s trade secrets, even after the employees had been enjoined from competing with ITC under noncompete agreements they had signed. Innovative Techs. Corp. v. Kenton Trace Techs., verdict entered 1/4/08.

On February 11, 2008, the Department of Labor issued proposed changes to the Family and Medical Leave Act ("FMLA"). Summarized below are several areas that may become law in the near future.

"SERIOUS HEALTH CONDITION"

Before the proposed regulation, to qualify as a serious health condition under the continuing treatment analysis, an employee must be incapacitated for more than three ...

If you are a small business (generally, less than 500 employees) and do any sort of technology development, you need to be aware of the federal SBIR grant program. Various agencies of the U.S. Government provide research grants for high-risk research projects that solve technological problems for the agency. The Small Business Act requires part of that research funding to go to small businesses and allows the small businesses to retain intellectual property (“IP”) rights in patents, copyrights, data, trademarks, and trade secrets created or developed under a funding contract from the relevant federal agency.

Recovering overpaid benefits under an employee welfare benefit plan can present a variety of problems for the fiduciary in charge of the plan. Arguably, the fiduciary has a duty under the Employee Retirement Income Security Act of 1974 (ERISA) to recover overpaid benefits.

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