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Posts from October 2014.

At this point in the discharge process, employers should have already ensured that all bases have been covered prior to an employee’s termination and are now prepared to inform the employee. Now it’s time for the often uncomfortable and daunting task: notification of termination. Following are five steps to consider taking at the time employment is terminated. 

Step #1: Pay All ...

On Oct. 23, 2014, the U.S. Court of Appeals for the D.C. Circuit granted U.S. EPA’s June request to lift the stay on the Cross-State Air Pollution Rule (CSAPR or Transport Rule).

Under the Transport Rule, upwind states, including Indiana, Kentucky and Ohio, are required to significantly reduce power plant emissions that contribute to ozone and/or fine particle pollution in downwind ...

Posted in Real Estate

In the latest Louisville Business First Legal Forum Column, BGD partner Tandy C. Patrick discussed why hiring a lawyer when signing purchase contracts is a wise idea. Read her advice below and don’t miss our monthly legal forum column in Louisville Business First.

Topic
My real estate broker has prepared a standard contract for the sale of my commercial property, so why do I need to ...

In a recent case decided by the Sixth Circuit Court of Appeals, an employer found out the hard way that a managerial employee’s ill-chosen words transformed a “slam-dunk” dismissal of an age discrimination case into an uncertain march toward trial.

Case Background
The case arose when the Tecumsch Public Schools (“TPS”) refused to renew the contract of 56-year-old high ...

The process of discharging employees can be chaotic and emotional. However, if employers are proactive and prepared when the time comes, many hassles can be avoided down the road. Following are five prudent steps to take before discharging employees.

Step #1: Review Documents

Employers should review all relevant documents prior to an employee’s termination. This review at a ...

Posted in Litigation

Apparently, “the smoke gets in your eyes” when a court is asked to determine irreparable harm in a trademark injunction.

Last year, the Ninth Circuit vacated an injunction granted in favor of the owner of “The Platters” trademark in Herb Reed Enterprises, LLC v. Florida Entertainment Management, Inc., 736 F.3d 1239 (9th Cir. 2013). Herb Reed, owner of the original trademark ...

Posted in Estate Planning

On Monday, Oct. 6, 2014, the U.S. Supreme Court denied review of all five pending same-sex marriage cases, in effect allowing marriages to proceed in Indiana, Oklahoma, Utah, Virginia and Wisconsin. This decision signals that the justices will likely not soon intercede in the decisions being made across the country upholding gay marriage. It is unlikely that they will act until the ...

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