Contractual Due Diligence Clause

Kentucky Law: Contractual Due Diligence Clause

Is a Non-Disclosure Claim Under a Claim Purchase Agreement Viable Under Kentucky Law Where There is Contractual Due Diligence Clause? By: Michael J. Gartland, Esq. The assertion of a claim for failure to disclose material information after a closing under an asset purchase agreement is not out of the realm of possibility. 

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prejudgment attachments in kentucky

Prejudgment Attachment in Kentucky

PreJudgment Attachment in Kentucky By: Jamie L. Harris, Esq. In Kentucky, in order to obtain a prejudgment attachment, the plaintiff must comply with the requirements of KRS 425.301 et justify attachment. Under KRS § 425.301(3), before an order of attachment shall issue prior to judgment, the plaintiff must first

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“I’m not paying payroll taxes”

By Jamie L. Harris One of the major common financial mistakes that I see business owners make is failure to pay employment taxes. As many businesses are facing limited cash flow, too often payroll taxes go unpaid as business owners opt to pay other debts. The payment of such taxes

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Kentucky Law Approach to Contract Formation

When Is A Deal a “Done Deal” Under Kentucky’s “All Or Nothing” Approach To Contract Formation? By: Michael J. Gartland, Esq. On October 9, 2014, the Litigation Department (consisting of the author and J. Wesley Harned, Esq.) of DelCotto Law Group PLLC knocked out JPMorgan Chase Bank, N.A. (“Chase”) with respect

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Consolidated Pilot/Flying J Litigation Heading to Kentucky

On April 7, 2014, the U.S. Judicial Panel on Multidistrict Litigation consolidated seven separate lawsuits (pending in six different jurisdictions) against, among others, Pilot Corp. (Pilot) and Pilot Travel Centers LLC d/b/a Pilot Flying J (Flying J). The Panel transferred the consolidation “multidistrict” litigation to U.S. District Judge Amul R.

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Sovereign Immunity is No Defense to a § 544(b)(1) Claim

In United States v. Equipment Acquisition Resources, Inc. (In re Equipment Acquisition Resources, Inc.), 485 B.R. 586 (N.D. Ill. 2013), the District Court for the Northern District of Illinois affirmed a bankruptcy court’s ruling that 11 U.S.C. § 106(a)(1) eliminates the IRS’s ability to assert sovereign immunity as a defense to

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