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Posted in Litigation

As lawyers, we spend our days helping people sort through problems. Some of us represent clients charged with misconduct or illegal action, while others perform transactional work, seeking to help clients put their deals together in a way so as to avoid trouble. At times, lawyers find themselves being scrutinized; after all, we are not infallible.

Posted in Litigation

South by Southwest® Conference and Festivals, known by its more familiar title SXSW®, recently received intense backlash over two clauses in its contract with artists who perform at the festival. The first clause states: “If SXSW determines, in its sole discretion, that Artist or its representatives have acted in ways that adversely impacts the viability of Artist’s official ...

Posted in Litigation

On Feb. 8, 2017, two “experienced” plaintiffs who have previously brought claims under the Telephone Consumer Protection Act (“TCPA”) petitioned the Federal Communications Commission (“FCC”) for revision of the rule making authority interpreting Congress’s intent under the TCPA. Specifically, they ask the FCC to change the rule on non-solicitation calls ...

Posted in Litigation

Every business at some time struggles with not being paid – even law firms. Indeed, I have yet to meet an attorney that has not had some issue with collections. However, Kentucky’s Attorney’s Lien statute (KRS 342.320) is not helpful to most attorneys with their collection efforts. In fact, the Kentucky Supreme Court recently issued an opinion that greatly narrows the ability for ...

Posted in Litigation

For more than 20 years, the Bingham Fellows program has brought together experienced individuals from across the Louisville community to be a part of an advanced leadership program. This year, Bingham Greenebaum Doll LLP is proud to announce that firm partner Christie A. Moore has been selected to join the Louisville Leadership Center’s Bingham Fellows Class of 2017 as they tackle the topic Winning the Talent of the Future.

Posted in Litigation

The nomination of Judge Neil Gorsuch to the United States Supreme Court has created several questions with respect to the future of securities class actions. In short, Judge Gorsuch’s confirmation may cause a significant decrease in the filing of securities class actions, slowing the recent trend of ever-increasing securities class action litigation.

Undoubtedly, 2016 was the ...

Posted in Litigation

After the 2016 SCOTUS decision of Spokeo v. Robins (see 136 S. Ct. 1540 (2016)) requiring “concrete injury” to have Article III standing to pursue a claim for a technical violation of the Fair Credit Reporting Act, many defense lawyers handling Telephone Consumer Protection Act (“TCPA”) claims were hopeful that they could use the “concrete injury” test to avoid ...

Posted in Litigation

On Oct. 26, 2016, the SEC approved various amendments to the Financial Industry Regulatory Authority (FINRA) rules governing communications with the public. The amendments affect various filing requirements in FINRA Rule 2210 (general communications with the public), FINRA Rule 2214 (requirements for the use of investment analysis tools), and FINRA Rule 2213 (requirements for ...

Posted in Litigation

In the new Legal Forum Column, Christie A. Moore discussed child abuse or neglect reporting in Kentucky. Read her advice below and don’t miss our monthly Legal Forum Column in Louisville Business First.

Question
I noticed bruises on a child that suggest abuse. Am I required by law to report?

Advice
In 2014, 20 out of every 1,000 Kentucky children were victims of neglect or abuse. A child ...

Posted in Litigation

Baby Boomers have known since at least the 1960s that “money can’t buy me love.” But as the greatest inter-generational transfer of wealth continues, with Beatles fans on both the giving and receiving ends, they are learning that the reverse adage can sometimes be true.

Consider the March 18, 2016 opinion of the Kentucky Court of Appeals in Coulter v. Singleton. The dispute was ...

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