ArticleKey Employee Compensation AlternativesMany 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 HRStites & Harbison PLLC
ArticleOSHA Issues A Draft Of The COVID-19 Emergency Temporary StandardOn 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 StandardUnited StatesEmployment and HRStites & Harbison PLLC
ArticleSupreme Court Rejects OSHA Vaccine Mandate On Private Employers – Allows CMS Healthcare Mandate For Facilities Receiving Medicare/Medicaid FundsHolding 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 HRStites & Harbison PLLC
ArticlePublic Service Commission Of Kentucky Proposes Amending Regulation Governing Uniform Fuel Adjustment ClausesFuel adjustment clauses (FAC) have been a feature of electric bills in Kentucky since the 1950s. United StatesEnergy and Natural ResourcesStites & Harbison PLLC
ArticleTDEC Solicits Comments On ARAP General PermitsTDEC is in the process of revising General Aquatic Resource Alteration Permits (General Permits) for a new five year term.United StatesEnergy and Natural ResourcesStites & Harbison PLLC
ArticleIRS Announces Guidance On Same Sex Marriage And Retirement PlansThe 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 MatrimonialStites & Harbison PLLC
ArticleIndiana Court Rules That Language In Contract Controls Guarantors’ ObligationsIn 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 BankingStites & Harbison PLLC
ArticleWDKY 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 BankingStites & Harbison PLLC
ArticleMedical 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 SciencesStites & Harbison PLLC
ArticleOCR Launches Phase 2 HIPAA Audits via Email Destined For Your Spam FolderOn 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 SciencesStites & Harbison PLLC
ArticleImportant Update To Retainage Requirements For Private Construction Projects In KentuckyOwners, developers, and lenders take note: moving forward, you will need to scrutinize the inclusion of retainage in your construction contracts.United StatesGovernment, Public SectorStites & Harbison PLLC
ArticlePresident Obama Signs Executive Order To Increase Minimum Wage For Federal Contractors And To Expand Eligibility For Overtime PayPresident 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 SectorStites & Harbison PLLC
ArticleBankruptcy 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-StructuringStites & Harbison PLLC
ArticleDenial Of Stay Relief "Forms A Discrete Procedural Unit" That Must Be Immediately AppealedOn 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 untimelyUnited StatesInsolvency/Bankruptcy/Re-StructuringStites & Harbison PLLC
ArticleIdle Threats of Bankruptcy after Ice House America, LLCIn 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-StructuringStites & Harbison PLLC
ArticleIndiana Court Rules That Language To Contract Controls Guarantors’ ObligationsIn 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-StructuringStites & Harbison PLLC
ArticleYou Have A Voice: The Supreme Court Rules Everyone Except For "Truly Peripheral Parties" May Participate In Chapter 11 ProceedingsLearning 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-StructuringStites & Harbison PLLC
ArticleA Humbling Experience: Helping Friends With TrademarksOne of the things I love about my job is having the opportunity to help my friends with their legal needs. United StatesIntellectual PropertyStites & Harbison PLLC
ArticleAttempts To Register Intellectual Property Rights In The Slogan "JE SUIS CHARLIE" Have Missed The MarkAt last count, over 120 trademark applications have been filed in the French trademark office for the phrase "JE SUIS CHARLIE." United StatesIntellectual PropertyStites & Harbison PLLC
VideoBranding Extremes: Panda Cheese v. Thai Life InsuranceWhile there are many ways to approach branding, it is nearly impossible to brand your product in a way that appeals to everyone.United StatesIntellectual PropertyStites & Harbison PLLC