Insurance recovery for construction damage
When a property owner makes an insurance claim for damage to its building from a neighboring construction project, typically the amount recoverable is based on either the cost of repair or the diminished value...
Is your e-banking internet access security commercially reasonable?
Banks seek to make their services more consumer-friendly and convenient. A popular service being offered by banks today is e-banking, where customers are able to access their accounts, and conduct transactions involving those accounts...
Prior bankruptcy case might mean plaintiff has no claim
“Karen Auday had a bad week.” So began a recent opinion by the Sixth Circuit Court of Appeals that amounted to a bad day in court for Ms. Auday, due to her failure to...
Kentucky Attorney General offers protection for secured lenders
Uniform Commercial Code Article 9 (Secured Transactions), which is codified in the Kentucky Revised Statutes, is an important body of law for banks and other financial institutions wishing to secure repayment of lender financing. It...
Are you complying with the notice requirements under Rule 3002.1?
In December 2011, the new Federal Rule of Bankruptcy Procedure 3002.1 went into effect for Chapter 13 cases. Among other things, the new Rule 3002.1 requires lenders to file two different notices in Chapter...
Contractor found liable under the Federal False Claims Act
The U.S. Court of Appeals for the Sixth Circuit recently affirmed a decision that a federal contractor violated the Federal Civil False Claims Act when its subcontractor failed to pay prevailing wages to its...
The FTC updates its guidelines on what's "good for the environment"
Claims of "environmentally friendly" goods and services are everywhere these days. But if you market your latest product as "biodegradable" or your business as "green," you need to make sure those descriptions comply with...
Stolen laptop leads to $1.5 million HIPAA settlement
Failure to take necessary steps to comply with the Health Insurance Portability Act (“HIPAA”) Security Rule has recently led to a Massachusetts based provider’s $1.5 million settlement with the U.S. Department of Health and...