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A recent published decision from the Kentucky Court of Appeals ruled on several issues in a long-running dispute between the corporate Trustee of a Trust and a minority of the Trust beneficiaries. The opinion noted that the beneficiaries had filed no less than four (4) lawsuits in Federal and Kentucky Courts since the dispute originally arose in 1998.  In this case, the minority beneficiaries lost again. However, the lower court’s award of approximately $2.7 million dollars in attorney fees and costs to the Trustee was set aside pending further review by the trial court of the legal bills incurred by the Trustee. 

In an unpublished Opinion rendered in late 2018 by the Court of Appeals of Minnesota, the Court rejected in their entirety the claims asserted by a grandchild of the Settlors of a 2007 Irrevocable Trust.  The grandchild, a minor acting through his father with no legal counsel, asserted a variety of strong claims against the Trustee of the Trust, a prominent bank.  The dispute arose after the Settlors made a decision to cease funding the Trust further after doing so for nine (9) years. 

Posted in Litigation

Evicting a tenant for non-payment of rent, otherwise known in Kentucky as a forcible detainer action, is usually the most straightforward method for a landlord to terminate a tenant’s right to the premises. Although Kentucky judges will offer a hearing to any tenant who requests one, one of the few accepted legal defenses a tenant can present during this hearing is proof that rent was in fact paid within the required timeframe. This is because under the Uniform Residential Landlord Tenant Act (“URLTA”), a landlord waives the right to evict a tenant if the landlord has accepted any payments (full or partial) after beginning the eviction process.

Posted in Litigation

BGD’s K. Mulvaney and M. Christensen draft amicus brief in support of decision.

Indiana’s state motto is “the Crossroads of America” and, when it comes to railroad grade crossings, the Hoosier State lives up to its name. With 5,693 grade crossings, Indiana has the highest concentration of grade crossings in the country — one grade crossing for every 17 public-roadway miles in Indiana. See Indiana Dep’t of Transportation, Indiana State Rail Plan, 25, 32, 69-70 (Oct. 2017).

Posted in Litigation

Does your company have an incident response plan in place in case of a cyberattack or data breach? Companies that do not understand the gravity of these events should take heed of this statistic: 90 percent of businesses that lose data due to a security incident shut down within two years, according to The Ponemon Institute.

Posted in Litigation

The 11th Circuit recently released its long-awaited opinion in FTC v. LabMD. Anyone monitoring data privacy regulation in America has been waiting for this opinion to help corporations understand their obligations under US privacy regulation. 

Posted in Litigation

U.S. Attorney General Jeff Sessions announced Jan. 30 that the Department of Justice (DOJ) has launched a new criminal investigation and prosecution effort targeting physicians who prescribe or dispense opioids in amounts disproportionate to their peers, along with pharmacies that distribute disproportionate amounts of opioids. Sessions also announced that he has assigned experienced federal prosecutors in “opioid hot spot districts” to focus solely on investigating and prosecuting opioid-related health care fraud.

Posted in Litigation

The European Union’s (EU) General Data Protection Regulation (GDPR) will go into effect on May 25, 2018. Viewable here [1] in all 24 official languages of the 28 member Union, the GDPR sets out a regulatory framework for the processing of personal data of persons within the EU.

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.

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