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Posts from September 2012.

In case you missed it, Bingham Greenebaum Doll LLP attorney Christopher Jones has recently snagged a spot on the Louisville Business First Forty Under 40 roster for 2012, where he was recognized as an up-and-coming leader under the age of 40. Jones not only was recognized for being on the cutting edge of his occupation but also for sharing his time and talents in the community.

Lien statutes provide contractors, subcontractors and material suppliers with a vehicle to assure payment for their work and services on a construction project. As discussed in our last article on private project liens, Kentucky applies different lien rules depending upon whether the project is private or public. As with private project liens, the courts of Kentucky strictly construe the public project lien requirements and will disallow a lien if it is not filed in strict compliance with those requirements. Therefore, it is vital that the procedure for perfecting a lien involving a public project is strictly followed.

Lien statutes provide contractors, subcontractors and material suppliers with a vehicle to assure payment for their work and services on a construction project. As discussed in our last article on private project liens, Kentucky applies different lien rules depending upon whether the project is private or public. As with private project liens, the courts of Kentucky strictly construe the public project lien requirements and will disallow a lien if it is not filed in strict compliance with those requirements. Therefore, it is vital that the procedure for perfecting a lien involving a public project is strictly followed.

Posted in Government

State, county and local government agencies have been pressed to develop and implement electronic records management programs that not only meet their legal and internal business needs, but also their responsibilities to the public. The Indiana Oversight Committee for Public Records (OCPR) has taken the first step in establishing a state-wide framework for electronic records ...

The Leahy-Smith America Invents Act (“AIA”) passed in 2011 has reformed America’s patent landscape and will continue to do so for the next several years. The various provisions of the AIA become effective on a staggered schedule, providing time for administrative bodies and the patent community to prepare for the changes.

As of September 16, 2012, one particularly noteworthy ...

Does your business use “Deal of the Day” offers to tee up customers? Did you know that you may not be collecting the right amount of sales tax on these deals?

Posted in Tax and Finance

The higher $5.12 million federal gift tax exemption that is available in 2012 encourages you to effectuate gifts in 2012, before the federal gift and estate tax exemption falls to $1 million in 2013. In many cases, it makes sense to gift hard-to-value assets at a discount, such as interests in a family limited liability company, family limited partnership or closely held corporation.

How often have employers advised employees that they need help dealing with emotional issues affecting work performance?  Many employers even have an Employee Assistance Program (EAP) designed to assist employees facing such issues.  Although directing employees to obtain assistance – particularly when they may pose a threat to themselves or to others – may be both humanitarian and help to head off workplace violence, a recent court decision suggests that an employer in Kentucky, Ohio, Tennessee and Michigan doing so may be subject to liability under the Americans with Disabilities Act (ADA).

Employers in the Seventh Circuit, which includes Indiana, Illinois and Wisconsin, must now reassign employees with a disability covered under the Americans with Disability Act (ADA) to vacant positions for which they are qualified if it is generally reasonable, unless the employer can demonstrate that it would create an undue hardship in the specific situation.  Even if ...

Posted in Tax and Finance

Has your company ever made severance payments to employees who have been laid off? If so, you and your former employees may be entitled to refunds of FICA taxes on such payments.

Recently, the Sixth Circuit Court of Appeals ruled that certain severance payments (known as Supplemental Unemployment Compensation Benefits or “SUB Payments”) made by employers to laid-off employees ...

Posted in Estate Planning

Bingham Greenebaum Doll LLP attorneys Greg J. Duncan and Polly J. Dobbs have been selected as finalists for Indy’s 2012 Best and Brightest Award, which honors 100 of Central Indiana’s outstanding young professionals, age 40 and under, who are making their mark in and around Indianapolis. Indy’s Best and Brightest is an annual event created by Junior Achievement and recognizes young professionals in ten industry categories.

Posted in Tax and Finance

The end of the year is on the horizon and for those clients contemplating using their $5.12 million gift tax exemption before the year comes to an end, the process needs to start now. This exemption is a part of the huge Estate, Gift and Generation-Skipping Transfer Tax breaks that Congress passed in late 2010. 

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