The Landmark Trilogy of HWA Properties, DCB Investments and Smith
On February 22, 2016, the Georgia Supreme Court in PNC Bank, N.A. v. Smith, 2016 Ga. LEXIS 169, affirmed two prior landmark decisions of the Georgia Court of Appeals, HWA Properties, Inc. v. Community &...
Subsurface Trespass in Kentucky for Coal and Aggregate Producers: Adopting Net Value Rule and Elimin
The Kentucky Supreme Court, which does not frequently address issues that have a direct impact on the heavy highway and construction materials industry; issued a decision in 2015 that does just that. In Harrod Concrete...
Kentucky Legislature Adds Clarity to Derivative Litigation Against Limited Liability Companies
Changes last year to Kentucky’s Limited Liability Company (“LLC”) statute provide new clarity to the availability of and procedure for derivative litigation against LLCs in Kentucky.1 Clarification of derivative litigation against LLCs was much-needed, as...
Kentucky Law Allows Business Corporations to Choose Where They Are Sued
Changes last year to Kentucky’s Business Corporation statute permit Kentucky corporations to choose where they are sued in a derivative litigation or a litigation seeking to compel the company to produce its books and records....
Do We Really Have to Change Every Operating Agreement? The New Partnership Audit Rules
The Bipartisan Budget Act of 2015 and the Protection of Americans for Tax Hikes Act of 2015 created new audit rules, which will in 2018 (unless for some generally ill-advised reason you want to opt...
Laying the Groundwork for an Employee Misconduct Defense
Too often, employers receive OSHA citations based on the actions of wayward employees, or what OSHA refers to as “employee misconduct.” With rising OSHA fines and the increased use of safety records in determining contractor...
New Year, New Reason to be Wary… Corporate Impersonation and Fraud
The new year has just begun and the scam artists, fresh from a holiday break, are poised to use social media and the weaknesses in your data security plan to their advantage. Pause for a...