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Posts from August 2012.
Posted in Tax and Finance

In case you missed it, Bingham Greenebaum Doll LLP attorney Mark Loyd recently authored an article for The Kentucky CPA Journal (Issue 4 2012). In the article, titled “Human resources state tax issues,” Mark discusses common state tax quandaries that human resources professionals face on a regular basis. State tax issues surrounding worker classifications, multi-state ...

Posted in Litigation

Focusing on the goals of individual clients is a key part of how the Litigation Practice Group at Bingham Greenebaum Doll LLP works. A deep bench of litigation attorneys supports the client-centered approach. "It's difficult to find a type of dispute that one of our litigation attorneys has not handled," Mark Riddle, Co-Chair of the Litigation Practice Group, says. Meet litigation ...

Liens are among the most important legal issues in construction, and contractors, subcontractors, material suppliers and owners all need to know the law governing their creation and enforcement. The two threshold issues taken into consideration with any lien are the type of project to which it applies and the party seeking the lien. This is because Kentucky applies different lien rules depending upon the filing party and whether the project is private or public.

Liens are among the most important legal issues in construction, and contractors, subcontractors, material suppliers and owners all need to know the law governing their creation and enforcement. The two threshold issues taken into consideration with any lien are the type of project to which it applies and the party seeking the lien. This is because Kentucky applies different lien rules depending upon the filing party and whether the project is private or public.

In order to comply with federal grant guidelines related to the receipt of underground storage tank (UST) funds from the Environmental Protection Agency, the Indiana Department of Environmental Management (IDEM) is requiring owners and operators of UST facilities to participate in an operator training and certification program. A rule establishing the operator training and ...

Posted in Litigation

On August 15, 2012, Johnson & Johnson announced its plans to remove formaldehyde-releasing preservatives from several of its personal care consumer products by the end of 2015. Consumer inquiry and concern regarding the ingredients found in its products partly contributed to Johnson & Johnson’s “Safety and Care Commitment” announcement. The products covered under the plan ...

Kentucky allows recovery of a variety of damages when there has been a breach of a construction contract or wrongful conduct within the context of a construction job. Actual and incidental contract damages are generally recoverable unless they are otherwise excluded in the contract. Oftentimes, construction contracts have liquidated damages clauses which state the precise dollar amount of damages that may be recovered in the event of a breach of the contract. Kentucky courts enforce liquidated damages clauses as long as they have some reasonable relation to the transaction.

Kentucky allows recovery of a variety of damages when there has been a breach of a construction contract or wrongful conduct within the context of a construction job. Actual and incidental contract damages are generally recoverable unless they are otherwise excluded in the contract. Oftentimes, construction contracts have liquidated damages clauses which state the precise dollar amount of damages that may be recovered in the event of a breach of the contract. Kentucky courts enforce liquidated damages clauses as long as they have some reasonable relation to the transaction.

Posted in Litigation

In case you missed it, Bingham Greenebaum Doll attorney E. Chase Dressman recently co-authored an article that has been published by the Ohio Bar Association.  In the article, published in the Association’s Summer 2012 Litigation Newsletter, Dressman discusses Ohio’s Recreational User Statute and potential confusion surrounding a 2005 amendment to it.

The article details the ...

Posted in Litigation

Several Bingham Greenebaum Doll LLP attorneys recently participated in the Indiana Black Expo, Inc.’s 42nd Summer Celebration, which ran from July 12-22, 2012.

A federal district court in the Northern District of Iowa recently dismissed a convenience store worker’s claim that her employer violated a provision of the Patient Protection and Affordable Care Act (the PPACA) by not providing her with a private place to express her breast milk. However, she was allowed to go forward with her claims that she was retaliated against and ...

Posted in Womens Forum

Bingham Greenebaum Doll LLP and the Bingham Greenebaum Doll LLP Women’s Forum are proud to recognize Alex Gude on his recent selection to the 2012-2013 Indianapolis Bar Association’s Bar Leader Series!

The Bar Leader Series “develops lawyers for future opportunities in leadership roles in the business and legal communities” and helps young lawyers “learn what it ...

Posted in Litigation

Congratulations to Bingham Greenebaum Doll LLP attorney Casey Kannenberg, who brought home exciting news from this year’s American Bar Association Annual Meeting.

Posted in Litigation

Jefferson Circuit Court courtrooms are in the midst of receiving upgraded technology, which Bingham Greenebaum Doll LLP attorney Mark Riddle says will level the playing field for many Kentucky attorneys. A recent article in Louisville’s Business First publication discussed the upgrades, which are to include digital evidence-presentation capabilities. The upgrades are being supported through a public-private partnership among local attorneys and law firms and the Kentucky Administrative Office of the Courts. The group is working to raise funds for the new equipment, which will improve the manner in which evidence and information is communicated to judges and juries.

Bingham Greenebaum Doll LLP was pleased to welcome a delegation from the Ministry of Commerce of the People’s Republic of China Investment Promotion Agency (MOFCOM-CIPA) to our Indianapolis office on Thursday, July 26. The delegation’s visit to Indiana was coordinated through the office of Global Business Engagement at Purdue University and Mark Van Fleet, Director.

The ...

EPA exceeded its statutory authority when it issued its July 21, 2011, Final Guidance Memorandum on coal mine permitting in six Appalachian states (Kentucky, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia) according to a July 31, 2012, ruling by Judge Reggie Walton of the federal district court for the District of Columbia. EPA’s Final “Guidance” The Final ...

If your company is subject to the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA), it’s time to review your attendance policy and FMLA policy. If your company has a no-fault attendance policy, and the policy does not allow for an excused absence for reasons related to a disability (or for FMLA leave), your company could face a claim under the ADA for ...

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