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When Does the Clock Start Running on a Legal Malpractice Claim?

Attorneys are only human and it is possible that your lawyer made a serious mistake or gave you poor advice that caused you to suffer a negative outcome in your case. If you are disappointed with the result of a matter you entrusted to an attorney, you may have a legal malpractice cause of action. Read More

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What is Defamation Per Se and What Damages Are Recoverable?

If you own a business or engage in any other profession in Kentucky, you depend on your reputation to draw the customers or clients you need. Even in your private life, you want to maintain a good name. But all that can be undermined if someone makes false statements about you. Kentucky and other states Read More

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New Mediation Rules May Revamp Civil Litigation in Kentucky

Mediation, a quicker and more cost-effective alternative to litigation, has long been a voluntary option for parties in civil disputes. Now, the Kentucky Supreme Court has adopted rule changes that make court-ordered mediation commonplace in the litigation process. As a result, more lawsuits are likely to be resolved by this method. The new rules, which Read More

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Should You Acquire a Business by Stock Purchase or Asset Purchase?

In the small business arena, companies are usually bought and sold in one of two ways: by stock purchase or by asset purchase. In a stock purchase, the buyer assumes ownership of the target company, acquiring all its property and taking on its debts and liabilities. In an asset purchase, only specified property is transferred Read More

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How to Survive a Business Divorce

Nobody enters into a commercial venture anticipating that the enterprise will fail. Nevertheless, small and start-up businesses are particularly susceptible to dissolution or drastic changes in ownership. Relationships sour, peoples’ priorities change, someone gets sick or dies or the business suffers poor profitability or takes a different course than originally planned. There are innumerable factors Read More

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How One Business Can Sue Another for Defamation

Businesses can live and die by their reputations. A commercial enterprise can spend decades building a reputation as a trustworthy provider of quality goods or services. Although robust competition is a fundamental aspect of doing business, some people will resort to illegitimate tactics against a rival, such as spreading falsehoods that can greatly harm a Read More

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Can Your Employer Mandate That You be Vaccinated Against COVID-19?

As the Delta variant of COVID-19 continues to rampage across the state and the country, an increasing number of Kentucky businesses are requiring their employees to get vaccinated as a condition of returning to a physical workplace. Understandably, many employees have questioned whether companies have the legal right to impose this mandate. The short answer Read More

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What are Your Legal Remedies When Someone Defames You on Facebook?

Facebook, a social media platform that its founders said would unite the world, unfortunately provides a forum for spreading misinformation and smearing reputations. If you believe you have been defamed on Facebook, there are things you can do to fight back. A statement about a person or entity is defamatory if it is false, is Read More

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How Can an Anti-SLAPP Statute Affect a Defamation Claim?

Wealthy companies and individuals rarely welcome news reporting and other commentary critical of the way they go about their business. In fact, they will sometimes go to great lengths to silence their critics and opponents. One of the ways they do this is by filing a strategic lawsuit against public participation — or SLAPP suit Read More

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When Can a Personal Representative of an Estate be Held Personally Liable?

A personal representative is someone charged with handling the administration of a decedent’s estate, whether as an executor under a will or as a court-appointed administrator if the decedent had no will. The personal representative must carry out his or her role in accordance with Kentucky law. In certain circumstances, failure to adhere to relevant Read More

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