Kentucky Appeals Court strikes hidden arbitration clause
On April 16, 2008, the Court of Appeals of Kentucky denied a petition for rehearing of its order affiming a finding by the Pike Circuit Court that an arbitration clause between Paul Miller Ford...
Volunteering for Nonprofit Boards
Serving as a board member for a not-for-profit organization can be a personally and professionally rewarding experience. But like any other venture, you should have a thorough understanding of what you're signing on for...
Finance Charge Provisions of Kentucky's Motor Vehicle Retail Installment Sales Act are Back
On March 7th we alerted you to a controversial ruling by Franklin Circuit Judge Phillip J. Shepherd which declared the Kentucky Motor Vehicle Retail Installment Sales Act unconstitutional. Americredit Financial Services v. Tillman, No...
The Federal Reserve Board proposes substantial changes to Reg Z
In response to significant pressure from Congress, the Federal Reserve Board (FRB) recently proposed sweeping amendments to Regulation Z, which implements the Truth in Lending Act (TILA). The FRB is proposing these rules in...
To Receive Interest on Late Payments Under the Kentucky Fairness in Construction Act
The recently enacted Kentucky Fairness in Construction Act offers relief to aggrieved contractors awaiting late payments from dilatory owners, or subcontractors waiting for contractors to pay. The Act provides that owners must pay contractors...
Do contract notices, sent by email, hold water?
Notice is an important concept in construction. Many construction contracts permit or require all notices to be in writing with some specified means of delivery, such as U.S. Mail, fax or FedEx. In recent...
Could You Be Held Responsible for Consequential Damages?
In a recent case a subcontractor thought that it was insulated from liability for any costs suffered by a general contractor beyond the bare, direct cost of correcting any defects with the subcontractor's work. It...
Protect Method of Doing Business
If your business method ranges from high-tech automation systems to a special way to hold a golf club or exercise a cat, you may qualify for a U.S. patent. Novel, non-obvious and useful methods...