Kentucky Anti-SLAPP Law: Proposed Law Seeks to Protect Free Speech

Proposed Kentucky Anti-SLAPP Law:  A new law has been proposed in Kentucky, the Kentucky Public Participation Act, which seeks to provide protection against frivolous lawsuits filed for the purpose of limiting free speech. Strategic Lawsuits Against Public Participation (“SLAPP”) Freedom of expression is a right enshrined in both the Fist Amendment to the Constitution of […]

New DOL Overtime Rules to Take Effect in 2020

Effective January 1, 2020, the salary threshold for employees to be classified as exempt from the wage and overtime requirements of the federal Fair Labor Standards Act (FLSA) increases as part of new overtime regulations issued by the U.S. Department of Labor (DOL).  Under the FLSA, employers must pay workers at least the minimum wage […]

GLAR Mediation and Arbitration

Buying or selling a home is often as stressful as it is exciting.  It is also fraught with the potential for a dispute over the non-disclosure of conditions of the home.  If certain conditions are not disclosed on the seller’s disclosures, legal remedies may be pursued. Greater Louisville Association of Realtors (GLAR) If the home […]

Is Your Business Ready for a Buyer’s Due Diligence?

You have built your business and now are looking to sell. When the moment comes in your entrepreneurial journey to take steps toward selling your business, it is important to be prepared. Understanding the process and the players can make the difference between a successful exit and a lost opportunity. As early as possible, educate […]

LLCs and Commercial Real Estate

The limited liability company (LLC) form is one of the most prevalent business entity forms in the United States and continues to rise in popularity, especially for commercial real estate.  In recent years, the process for forming LLCs has become simpler in many states.  In Kentucky, for example, the cost to organize an LLC is […]

The Importance of LLC Operating Agreements

Kentucky Limited Liability Companies continue to be one of the most common types of business structures. An LLC is governed by an operating agreement, which is a written agreement between the members of the LLC.  In Kentucky, your LLC will be governed by the default provisions contained in KRS 275.001 to KRS 275.540 if there […]

Kentucky’s New Pregnancy Accommodations Law

Effective on June 27, 2019, Kentucky has implemented new pregnancy accommodations law for pregnant employees – consequently placing additional burdens on applicable employers – by amending the Kentucky Civil Rights Act to add the Kentucky Pregnant Workers Act (KRS 344.03 to 344.110). What Businesses Does the Kentucky Pregnant Workers Act Apply to? While the Kentucky […]

Kentucky Enacts New Arbitration Law for Employers

On March 25, 2019, Kentucky Governor Matt Bevin signed into law a bill that allows Kentucky employers to require arbitration as a condition of employment and continued employment. The law substantively amends the language of two state statutes: KRS § 336.700 and KRS § 417.050. Senate Bill 7 will become effective June 27, 2019 and […]

Non-Compete Agreements in Kentucky

Non-compete agreements in Kentucky. Non-compete agreements are generally not favored by the courts. In fact, some states, like California, have enacted laws which effectively ban the use of non-compete agreements. What does Kentucky law say about non-compete agreements? In an important ruling in 2014, the Kentucky Supreme Court clarified the law on non-competes in a case […]

Kentucky Trade Secrets

Kentucky Trade Secrets All businesses use novel ideas for products or services to gain a competitive edge.  While you may not have a patentable product or process you probably do have recipes, processes, customer information, or ways of conducting your business that have cost you time, money, and sweat equity to develop. Kentucky Trade Secrets  […]

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