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  • Article

    Key Employee Compensation Alternatives

    Many companies struggle with how to best compensate and incentivize their key employees. Salary and short-term bonuses alone may not be sufficient.
    United StatesEmployment and HR
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    OSHA Issues A Draft Of The COVID-19 Emergency Temporary Standard

    On April 26, 2021, the Occupational Safety and Health Administration (OSHA) officially sent to the White House a long awaited draft of their COVID-19 Emergency Temporary Standard
    United StatesEmployment and HR
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    Supreme Court Rejects OSHA Vaccine Mandate On Private Employers – Allows CMS Healthcare Mandate For Facilities Receiving Medicare/Medicaid Funds

    Holding that "[a]lthough Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given the agency the power to regulate public health more broadly,...
    United StatesEmployment and HR
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    Public Service Commission Of Kentucky Proposes Amending Regulation Governing Uniform Fuel Adjustment Clauses

    Fuel adjustment clauses (FAC) have been a feature of electric bills in Kentucky since the 1950s.
    United StatesEnergy and Natural Resources
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    TDEC Solicits Comments On ARAP General Permits

    TDEC is in the process of revising General Aquatic Resource Alteration Permits (General Permits) for a new five year term.
    United StatesEnergy and Natural Resources
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    IRS Announces Guidance On Same Sex Marriage And Retirement Plans

    The IRS issued guidance on applying the Supreme Court’s decision in "United States v. Windsor" concerning same sex marriage to qualified retirement plans.
    United StatesFamily and Matrimonial
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    Indiana Court Rules That Language In Contract Controls Guarantors’ Obligations

    In a ruling favorable to lenders and trade creditors defending attacks by guarantors, the Southern District of Indiana denied a motion to dismiss a creditors’ suit to enforce a guaranty.
    United StatesFinance and Banking
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    WDKY Holds That Service Charge On Delinquent Account Violates Kentucky Usury Law!

    PSI, a debt collector, sought to collect a delinquent account from Grace, a consumer who had received medical services in the emergency room of a Louisville hospital.
    United StatesFinance and Banking
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    Medical Review Panels, A Step Forward For Kentucky?

    Throughout the country, legislatures are debating and refining rules related to medical malpractice cases, including rules that would require potential plaintiffs to clear procedural barriers prior to filing a complaint.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    OCR Launches Phase 2 HIPAA Audits via Email Destined For Your Spam Folder

    On March 21, 2016, the Office for Civil Rights (OCR) announced that it has begun the next phase of HIPAA compliance audits.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    Important Update To Retainage Requirements For Private Construction Projects In Kentucky

    Owners, developers, and lenders take note: moving forward, you will need to scrutinize the inclusion of retainage in your construction contracts.
    United StatesGovernment, Public Sector
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    President Obama Signs Executive Order To Increase Minimum Wage For Federal Contractors And To Expand Eligibility For Overtime Pay

    President Obama has issued two Executive Orders that will have the effect of increasing workers’ wages and which will affect business owners throughout the country.
    United StatesGovernment, Public Sector
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    Bankruptcy Discharge Trumps PACA, But Does It Really?

    Case Number 21-12133) on August 31, 2022, that the right to a discharge in bankruptcy trumps the longstanding language of the Perishable Agricultural Commodities Act...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    Denial Of Stay Relief "Forms A Discrete Procedural Unit" That Must Be Immediately Appealed

    On January 14, 2020, in a 9-0 ruling, the United States Supreme Court held that a creditor's failure to appeal a stay relief denial within 14 days of the order's entry renders the appeal untimely
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    Idle Threats of Bankruptcy after Ice House America, LLC

    In almost every out-of-court workout situation, when the negotiations get tough and the debtor does not like the terms proposed by the creditor, it is more than common for the debtor to state: "Well, we will just see you in bankruptcy court."
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    Indiana Court Rules That Language To Contract Controls Guarantors’ Obligations

    In a ruling favorable to lenders and trade creditors defending attacks by guarantors, the United States District Court for the Southern District of Indiana denied a motion to dismiss a creditor's suit to enforce a commercial guaranty.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    You Have A Voice: The Supreme Court Rules Everyone Except For "Truly Peripheral Parties" May Participate In Chapter 11 Proceedings

    Learning that a bankruptcy which may impact you has been filed can be disconcerting. Bankruptcy navigates a complicated statutory framework that strikes a delicate balance...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    A Humbling Experience: Helping Friends With Trademarks

    One of the things I love about my job is having the opportunity to help my friends with their legal needs.
    United StatesIntellectual Property
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    Attempts To Register Intellectual Property Rights In The Slogan "JE SUIS CHARLIE" Have Missed The Mark

    At last count, over 120 trademark applications have been filed in the French trademark office for the phrase "JE SUIS CHARLIE."
    United StatesIntellectual Property
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Video

    Branding Extremes: Panda Cheese v. Thai Life Insurance

    While there are many ways to approach branding, it is nearly impossible to brand your product in a way that appeals to everyone.
    United StatesIntellectual Property
    Stites & Harbison PLLC
    Stites & Harbison PLLC

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