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Anheuser-Busch to sell distributorship in compliance with Kentucky law
The business world and the legal world intersect at many different points, and it is important for business owners to not only keep track of their legal obligations, but also to pay attention to how changes in the law impact their business. This is especially the case when laws directly impact a business’ bottom line. More >
Congratulations on the Birth of Your New Tax Exemption! (Tax Breaks for New Parents)
Planning for a new baby is a constant stream of decisions and questions concerning diapers, cribs, colors, daycare and more, all in the service of preparing your life for a new bundle of joy. What new parents forget in the hustle and bustle of bringing a new life into the world is that the state and federal revenue services both have a little joy of their own to add to the equation in the form of tax breaks. More >
Planning for the unexpected departure of a business owner
In the business world, the unexpected can happen. That is just a fact of life. There are many ways this principle can apply, but we’ll speak here specifically about the unexpected departure of a business owner or corporate official. This could come about because of an untimely passing, or because of an unexpected retirement. Whatever the case may be, whenever an important business leader passes on there is the potential for the business to experience a period of turbulence and destabilization. More >
Regulators likely to heavily scrutinize proposed Humana-Aetna merger
At the beginning of the month, insurance companies Aetna Inc. and Humana Inc. announced they would be pursuing a merger, with the former company acquiring the latter. Aetna, sources say, will be purchasing Humana for roughly $230 per share, and the total deal is valued at $37 billion. More >
The LLC Operating Agreement - Why is it important and what should it say?
An LLC is a fairly limitless business form. Generally, an LLC can be and act in any number of ways, tailored to how you want your company to operate. The Kentucky LLC statute provides several gap-filler provisions, but most of these can be overridden by the terms of the operating agreement, making the operating agreement a nearly indispensable part of any LLC. More >
Seeking guidance in fiduciary duty compliance? Work with experienced attorney
In our last post, we spoke about the importance of businesses being aware of their fiduciary responsibilities and establishing solid compliance policies to ensure they are meeting their legal obligations. One area where this is particularly important for companies sponsoring retirement plans under ERISA, the Employee Retirement Income Security Act of 1974. Because these plans constitute an important source of support for many Americans after they leave full-time work, companies who sponsor these plans have a large responsibility. More >
Breach of fiduciary duties can be costly
The term fiduciary is an important one in the business world, and refers to relationships in which trust is place in one party to manage and protect the assets of another. The relationship entails what is commonly referred to as fiduciary duties, which include the obligation to manage assets for the benefit of the individual or entity who entrusts the assets. More >
What is the FTC looking at when it reviews merger agreements?
In our last post, we spoke about a proposed merger between office supply chains Office Depot and Staples. As we noted, Office Depot shareholders recently voted to go forward with the acquisition, but the Federal Trade Commission still has to review the agreement and make a decision, which will determine whether or not the process can move forward. More >
Shareholders approve Office Depot acquisition, but will FTC?
Whenever a merger of major corporations is proposed, a lot has to happen before the vision becomes reality. Not only must the businesses engage in talks both internally and with one another about the possibility of a merger or acquisition, shareholders need to be convinced to get on board, as well as the Federal Trade Commission and, to an extent, the public. All of these factors can impact the success of a merger or acquisition. More >
Trustee Discretion and Liability of an Individual
It's an understatement to say that the role of the trustee is fraught with pitfalls. Often times, a settlor creates a trust to suit his or her needs, but rarely does the settlor take into consideration, the difficulties the trustee will face when administering the trust. The discretion given to the trustee can provide a gateway for added liability, and the creation of a trust should take the twin concerns of trustee discretion and trustee liability into as much consideration as the disposition of the trust assets. More >