Can emails and text messages constitute a legally binding agreement? A basic binding contract must comprise of four key elements: there must be an offer, acceptance of this offer, consideration and the intention by both parties to create legal relations. One of the repeated misconceptions is that businesses and consumers tend to assume that provided they Read More
Sending a simple "Yes" electronically via text message can be held against you in court.
CRESTVIEW HILLS, KY – April 20, 2016 – DBL Law is pleased to announce that Elizabeth G. Weber, partner and head of the firm’s bankruptcy, commercial law and collections practice, has been appointed to the Kentucky Registry of Election Finance. The role of the Kentucky Registry of Election Finance is to assure the integrity of Read More
Early Wednesday, December 16, 2015, Congressional leaders reached a compromise on a tax and spending bill. It is currently anticipated that this will become law. The following “Extenders” are being made permanent: Business: 1. The bill retroactively increases and makes permanent the Section 179 expensing provision from $25,000 to $500,000. The phase out remains at Read More
Here are seven quick things you should review in every contract to help you protect your interests. 1.The Parties The first thing you need to do is make sure the parties are identified correctly. If you are a business, then make sure you are signing the contract on behalf of the business and not yourself Read More
As a valued partner to DBL Law, BakerHostetler’s International Disputes practice team will present the first program in a series of in-depth presentations and discussions that explore key legal and commercial issues unique to international contracts. It will include an in-person event and a webinar. The program will be Thursday, Oct. 29, 2015, from 7:30 Read More
This article was written and published by Canadian Underwriter, Canada’s Insurance and Risk Magazine. Insurers in the United States will face competing priorities for resources and time over the next 12 months, with cyber security preparedness challenging overall regulatory compliance readiness, argues Wolters Kluwer Financial Services. While both cyber security and regulatory readiness will be major Read More
Article written by Shelly Sigo and originally published by The Bond Buyer Thursday, August 27, 2015 Kentucky is financing a statewide high-speed Internet system in a first-of-its kind P3 deal that market participants said should offer higher yield to investors. The Kentucky Economic Development Finance Authority, as conduit issuer, is pricing $230.05 million of 30-year Read More
In a recent decision, the Kentucky Court of Appeals sent a clear message to lending institutions. Namely, to carefully examine existing due diligence practices prior to extending financing to borrowers. The case, Fifth Third Bank v. Rogers et al., concerned five brothers that organized multiple corporations and served as their sole shareholders and directors. After Read More
In today’s economy, small businesses are increasingly focused on their bottom line. However, there is one aspect of a small business’s bottom line that is often overlooked until it’s too late: how to make sure it gets paid. With a little preparation, small businesses can minimize past due accounts and develop appropriate mechanisms to collect problem accounts.
In these economically unstable times, companies are increasingly experiencing problems with customers who make payments to them and then file bankruptcy. If a customer pays your company and then files a bankruptcy petition within 90 days of making the payment, the customer’s bankruptcy trustee may demand that you return the payment to him. A payment made by a debtor within 90 days before he files bankruptcy is called a preference.
The Protecting Tenants at Foreclosure Act (PFTA), enacted in 2009, continues to be relevant as foreclosure filings remain high. Under the PFTA, the new property owner following a foreclosure cannot evict a month-to-month tenant for 90 days or, when a lease is in effect, until the tenant’s lease ends except when the new property owner is going to use the rental property as his or her primary residence.
Case Study: A bankruptcy Trustee threatened to file suit against a manufacturing client to recover alleged preferential funds for a debtor. DBL attorneys argued that the funds were not preferential and convinced the Trustee to drop the suit.
When residential tenants vacated a home they had rented for several years they owed several months back rent to the landlord. In addition, significant damage had been done to the premises by the tenants, requiring the landlord to incur expenses for the cleaning and repair of the premises.
Periodically, banks confront cases or threats of litigation that could do serious damage. These so-called “bet-the-company” cases require trial counsel skilled in handling complex matters. When a serious lawsuit is threatened, what should management do?
Under the Kentucky and Ohio statutes governing wage garnishments, an order of garnishment received by an employer creates a lien on all disposable and nonexempt earnings earned by the specific employee at the time the employer is served with the order of garnishment. It is very important for an employer to respond to a wage garnishment order in a timely fashion.
The number of individuals filing bankruptcy has increased significantly during the recent economic downturn. The National Bankruptcy Research Center reported a 32% increase in personal bankruptcy filings from 2008 to 2009, and that increase was followed by a 9% swell in personal bankruptcy filings from 2009 to 2010.
In today’s economy, companies are more frequently faced with a dilemma over the best way to handle collection of outstanding account receivables. Obtaining a court judgment against an individual or company can significantly increase a company’s likelihood of recovery on delinquent accounts.
Commercial lenders and borrowers are cautiously optimistic that an uptick in lending will materialize in 2010. Spreads on commercial mortgage loan rates have narrowed significantly from early 2009 levels and property values remain low. Thus, money for new commercial real estate deals can be borrowed relatively inexpensively to buy real estate at bargain prices. Against Read More
Unless your company operates on a strictly cash basis, you have accounts receivable. What most companies do not understand is the extent to which they can affect the collection of those accounts receivable, beginning with the first contact with a prospective customer. This is especially important now for smaller construction businesses that are struggling to Read More
For some, it’s, ‘What, me worry?’ As recession fills many companies with worry, others realize how many opportunities it could present them Business Courier of Cincinnati – by Jon Newberry, Staff Reporter The fear of a deep and prolonged recession might be casting dark shadows on Wall Street, but Dave Dillon sees the bright light Read More
In 2009, tax-exempt organizations will have a new Form 990 to complete for tax year 2008 and subsequent tax years. Many tax-exempt organizations already file a yearly informational tax return with the Internal Revenue Service (IRS) to maintain their tax-exempt status. The informational return is the Form 990. Form 990 has not been substantially revised Read More
Unless your company operates on a strictly cash basis, you have accounts receivable. What most companies do not understand is the extent to which they can affect the collectability of those accounts receivable, beginning with the first contact with a prospective customer. If you extend credit to customers, the credit application process is critical to Read More