Another Delay for the Affordable Care Act Employer Mandate
On February 10, 2014, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) issued final regulations that again change the Employer Shared Responsibility, or employer mandate, provisions regarding employee health coverage...
Healthcare Mergers: Idaho Judge to Unwind Acquisition of Medical Practice
Last week, a federal district court judge in Idaho ruled that a diversified hospital company’s acquisition of a large primary care medical practice violated the antitrust laws. The court will order divestiture. In 2013...
Stites & Harbison Obtains Defense Verdict in $80 Million Trade Secret Misappropriation Case
Stites & Harbison attorneys, Thad Barnes and David Owsley, successfully defended fragrance company Mane USA, Inc. in New Jersey federal court against allegations that the company conspired with perfumer James Krivda to misappropriate over 60...
New IRS Rule Impacts All Holders of Federal EINs
Most business entities, including corporations, LLCs, partnerships, and non-profit organizations, obtain employer identification numbers (or “EINs”) for their businesses from the Internal Revenue Service (“IRS”) in order to facilitate their required federal tax filings and...
SCOKY to Review "Secret Lien" Case
The Supreme Court of Kentucky (SCOKY) is expected to rule shortly on the enforceability of a secret lien in favor of a county economic development authority. The secured transaction provisions in Article 9 of...
Contract Drafters Beware
Inclusion of “no appeal” provisions in arbitration clauses has increased in recent years, as parties seek finality to the costly and time-consuming arbitration process. Commercial parties desire a streamlined process that does not have...
Is your guaranty enforceable after foreclosure without confirmation by the court?
Strong express terms of guaranty may allow creditors to collect deficiencies whether or not the foreclosure sales of real estate are confirmed. In the recent ruling of HWA Properties, Inc. v. Community and Southern...
EPA's Final Rule Accepts New ASTM Standards for All Appropriate Inquiries
On December 30, 2013, EPA issued its Final Rule which recognized that complying with the latest version of the ASTM Phase I Environmental Site Assessment Standards (E 1527-13) complies with the EPA all appropriate...