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Posts from October 2013.

On behalf of Bingham Greenebaum Doll LLP, I would like to commend M&M Cartage Co., Inc., a Kentucky-based trucking company and BGD client, for launching a new initiative to become a national leader in green transportation. M&M Cartage plans to invest $7.5 million to build a new headquarters facility with green efficiencies located in Jefferson County. The Commonwealth of Kentucky has ...

Posted in General

For years, Bingham Greenebaum Doll LLP has supported the Indiana Association of Cities and Towns, or IACT, as a corporate sponsor. However, our attorneys like to go the extra mile when it comes to supporting this excellent organization by offering educational opportunities, as well.

In recent years, the Equal Employment Opportunity Commission has increased its enforcement efforts against companies that it claims have a discriminatory background check policy. In short, the EEOC believes that a blanket policy against hiring individuals with felonies will have a disparate discriminatory impact on minorities and is, therefore, illegal. As an example of such enforcement efforts, in late 2008, the EEOC filed a complaint against temporary-employment agency Peoplemark, Inc., alleging that Peoplemark had such a blanket, companywide policy.

Posted in Litigation

It is presumably widely known in the small business community that “responsible persons” can be held personally liable for not paying trust fund taxes to the federal government. A “responsible person” is one who controls the payment of funds within the business as distinguished, for example, from an accounts payable clerk who simply follows orders on which creditor to pay when and how much. But is it possible that a “responsible person” could be held personally liable for non-trust fund federal taxes, as well?

House Bill 465, which was passed by the General Assembly during the 2012 regular session, established the Kentucky Brownfields Redevelopment Program. HB 465, now codified as KRS 224.1-415, limits the liability of property owners to perform site characterization and corrective action at properties where a release or potential release of petroleum, or a release of a hazardous ...

Central Garden & Pet Company (Central Garden), the owner of two trademark registrations for its ZILLA trademark, opposed the registration of Doskocil Manufacturing Company, Inc.’s (Doskocil) trademark application for its PETZILLA mark believing there to be a likelihood of confusion between them. To turn the tables, Doskocil sought to cancel Central Garden’s ZILLA registrations claiming, in relevant part, that the trademark application underlying one of the ZILLA registrations was invalidly assigned to Central Garden more than five years ago.

Five years into Barack Obama’s presidency, the National Labor Relations Board (NLRB) is better positioned than ever to advance its pro-union agenda.  The obstacles that had impeded the “Obama Board” over the last five years are now largely gone.  For the first time since President Obama took office, the NLRB is fully staffed with properly confirmed members.  And now that the ...

Do you need to brush up on your employment law or learn more about a particular topic?  Join the labor and employment lawyers of Bingham Greenebaum Doll LLP at our upcoming speaking events listed below.  If you would like to attend any of these seminars, please contact one of the speakers.

Posted in Tax and Finance

Brett J. Miller conducts an active tax controversy litigation practice before both the United States and Indiana tax courts. The foundation of his tax controversy experience is his five years as a trial attorney with the Office of Chief Counsel, Internal Revenue Service, where he regularly litigated before the United States Tax Court. In addition to litigation before the United States and Indiana tax courts, Brett’s federal and state tax controversy practice involves the representation of tax clients during audits and administrative appeals. In addition, Brett regularly handles criminal tax matters in conjunction with the robust white-collar crime practice at BGD.

Posted in Real Estate

Logistics businesses throughout the world are constantly working to reduce costs, while also being mindful of green energy goals and initiatives. Internal and external customers demand greater value, a secure transportation infrastructure and green credentials. To meet these demands, the trucking industry is turning its attention more and more to both the potential and reality of natural gas as a viable fuel source.

For any number of reasons, the question often arises whether someone may reserve a trademark before actually using it. For example, a company preparing to launch a new product may wish to protect the new product’s name before its rollout. Other times, a company may determine that it can gain a competitive advantage by snagging a brand name before its competitor does. On the more ...

Over the past several years it seems that gross receipts taxes have come into vogue.  Take, for example, Kentucky’s Limited Liability Entity Tax (the “LLET”), a tax based in large part on gross receipts that, absent an exemption, broadly applies to all corporations and limited liability pass-through entities doing business in the Commonwealth.  The LLET is of relatively recent vintage as the General Assembly enacted it in 2006 ostensibly to replace another tax, albeit an alternative one, the Alternative Minimum Calculation (the “AMC”) which was enacted in 2005.  It is quite fitting that these nouveau gross receipts taxes are typically referred to by their acronyms given that one of the Commonwealth’s more aged gross receipts taxes dates back to 1966, the Utility Gross Receipts License Tax, is also referred to by its acronym - UGRLT. 

Posted in Litigation

In a 4-1 decision announced yesterday, the Indiana Supreme Court cleared a Bingham Greenebaum Doll LLP client of all wrongdoing in an attorney disciplinary case wherein the issue was criticism of a trial judge.

Many federal employment-related laws, including anti-discrimination laws like Title VII, do not explicitly make individuals liable for violations. Rather, only an “employer” is typically held accountable and many federal courts have ruled that the definition of “employer” does not include individual supervisors, managers, officers or employees.

Like Title VII, the ...

In United States v Quality Stores Inc., the U.S. Court of Appeals for the Sixth Circuit, which includes Kentucky, held that payments made by Quality Stores to employees who had ended their employment involuntarily constituted supplemental unemployment compensation benefits that were not taxable as wages under the Federal Insurance Contributions Act (FICA). As a result, Quality Stores and employees who had joined the company in the lawsuit were entitled to a refund of more than $1 million paid in FICA taxes.

On behalf of Bingham Greenebaum Doll LLP, we would like to congratulate Social Net Watcher, an Indiana start-up business and client of BGD, for being recognized with a 2013 Indiana Innovation Award by Centric.



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