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Key Considerations Before Mediation of a Business Dispute

Written By: Todd V. McMurtry Today most courts require that litigants attempt to mediate a resolution to their dispute before the court will set the matter for trial. For this reason, it is critical that the parties evaluate a number of key variables before they go to mediation.  Here is starting point for the process. Read More

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Coming Soon: Major Changes to the Fair Labor Standards Act that Promise to Impact Nearly Every Kentucky Business

Written By: Todd V. McMurtry The Fair Labor Standards Act (“FLSA”) requires that most employees be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the employee’s regular rate for hours worked over 40 in a workweek. Section 13(a)(1) of the FLSA, however, provides an exemption Read More

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The Risk of Party Incapacity During Mediation

Written By: Todd V. McMurtry Most lawsuits today are settled through mediation.  For this reason, a lawyer’s skill at managing the mediation process is more critical than ever.  So, a lawyer has to be prepared for the unexpected.  Take for example, a client that has become incapacitated.  Time and circumstance may cause a client who Read More

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The Three Best Ways to Stay Out of Court

Written By: Todd V. McMurtry Foreclosures, criminals and divorces combined with chronic understaffing have clogged the courts.  If you have not been involved in a lawsuit in the past ten years or so, you should count your blessings.  In my opinion, because many states are functionally insolvent, they have understaffed and underfunded their courts.  The Read More

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Duties Among Members in Member-Managed LLCs

Written By: Todd V. McMurtry Over the years I have practiced law, one of the most common complaints that I have encountered is when business partners encounter difficulty in their relationships.  For example, one member may believe another has acted selfishly, diverted a valuable business opportunity or not disclosed significant expenditures.  This article will focus Read More

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Welcome

Welcome to the official blog of Hemmer DeFrank Wessels, PLLC, Attorneys at Law. We will begin posting on this blog shortly, so please check back regularly for updates about the firm, notable cases and more.  

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