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Category Archives: Miscellaneous

How to Obtain Records from a Public Agency in Kentucky

Author By Todd McMurtryPosted on

Kentucky citizens have the right to know how public agencies, officials, departments and other bodies conduct their affairs. Since passage of the Kentucky Open Records Act in 1976, all public records have been open for inspection by anyone who requests them, unless the record falls under an exemption.

The Open Records Act applies to all public records kept by state and local government entities, including:

  • State and local government officers, departments and legislative bodies
  • County and city governing bodies, school district boards, special district boards and municipal corporations
  • State or local government agencies created by statute or other legislative acts
  • Bodies that receive at least 25 percent of their funds from state or local authority
  • An entity where the majority of its governing body is appointed by a public agency
  • Boards, commissions, committees and other bodies that are established, created and controlled by public agencies
  • Interagency bodies of two or more public agencies

The full procedure for requesting public records, along with explanations of which records are exempt, is available here.

You must first send your request, in writing, to the official records custodian for the agency. You must describe the records you want to inspect, sign the request, and print your name.

Importantly, the request must seek records, not merely information. A request stating, “How much are the city’s employees paid?” is likely to be denied. The proper way to phrase the request is, “Please provide me with copies of the city’s payroll records for the most recent year.”

Your request may be hand-delivered, mailed or faxed to the agency. Sending your requests by email may be an option, but many agencies are not required to answer them. The state governor requires all executive branch agencies to accept email requests, but non-executive agencies do not have to do so.

The agency must respond to your request, in writing, within three business days. If you send your request to the wrong agency, or if the record you requested is unavailable, the agency is required to notify you. Similarly, if the agency refuses your request, the agency must explain why.

Records will be provided in whatever format they are kept. Agencies are not required to convert paper records to electronic formats.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

Finney Law Firm

We are pleased to announce the Launch of our new website | FINNEY LAW FIRM

Author By Christopher P. FinneyPosted on

We are excited to announce the launch of Finney Law Firm’s new website. We have worked hard to create a modern website that is easy to navigate and fun to use. Our website is optimized to work on your laptop, desktop, tablet, and smartphone. Our new social features make it easy for you to connect with our professionals and share content on all your favorite platforms. Please take a look: www.finneylawfirm.com and let us know what you think.

Responsive Design

One of our primary goals in creating our new site was to make our content accessible to all our clients and visitors. Our new website employs what is called a “responsive design” that dynamically resizes to fit your browser. This means that no matter what device you are using right now, our website will change to give you a great viewing experience.

Clean, Modern Design

We are committed to keeping you up to date on the latest legal and business issues. To reinforce this commitment, our new website delivers rich content in a clean and organized way. We have changed the organizational structure of our Blog and have narrowed down our categories for easier searching. Our website infrastructure has been developed to make this content easily accessible and fast to load.

Partnership with Holland Adhaus

We are thrilled to have found an agency that shares our values and integrity. Their honest and open communication every step of the way has helped us to enhance Finney Law Firm’s presence in Greater Cincinnati and Northern Kentucky. Holland provides a comprehensive suite of marketing services for small businesses and large companies alike. Please visit www.hollandadhaus.com for more information.

Thank you for your continued support of Finney Law Firm. We look forward to servicing all of your legal needs and in particular, please check out our new Practice Area, Small Business Solutions Group, at this link: https://dev.finneylawfirm.com/practice-areas/small-business-solutions-group/

Understanding Shareholders’ Rights in Derivative Actions

Author By Todd McMurtryPosted on

When someone who controls a corporation, such as a CEO or director, engages in conduct that a shareholder believes has harmed the corporation in some way, what can the shareholder do about it? In some circumstances, a shareholder may file a derivative lawsuit.

Shareholders are investors in a corporation but they do not have control over business operations. They elect directors who in turn appoint officers and executives to handle management. However, shareholders have a variety of rights, and one of the most important is the right to sue an officer or director who allegedly has harmed the corporation. Such a lawsuit is called a derivative action because the shareholder is stepping into the shoes of the corporation, sticking up for its interests when its own leaders fail to do so.

Shareholder derivative lawsuits allege that a director or officer has engaged in such mismanagement, fraud or some other wrongful act or has failed in discharging their fiduciary duties. The shareholder suit against fast food giant Wendy’s, for example, alleges that directors breached their fiduciary duty by approving inadequate security practices that led to a massive data breach.

For a corporation to be sued derivatively:

  • The plaintiff must be shareholder when the alleged wrong occurred.
  • The shareholder must first make a demand on the corporation, insisting that it take the desired action.
  • If the shareholder doesn’t make a demand, he or she must convince the court that such a demand would be futile.
  • Assuming a demand is made, the board of directors may, in its business judgement, refuse to act on the demand.
  • It is then the plaintiff’s burden to explain why the refusal to act on the demand is anything but a valid use of business judgment.

The business judgment element is a critical part of a derivative lawsuit. There is a legal presumption that directors, when making a business decision, do so in good faith, with enough information and with the honest belief that they are acting in the company’s best interest. Kentucky case law holds that “if the requirements of the traditional business judgement rule are met, the board’s decision [to refuse the demand] will be respected by a reviewing court.”

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

Real Estate Law: CDC to issue nationwide residential eviction moratorium this Friday through end of year

Author By Christopher P. FinneyPosted on

Tonight, the Centers for Disease Control issued this proposed Order  that will prohibit most residential evictions nationwide. The Order is scheduled to take effect on September 4, 2020, this Friday, and last through the end of the year. 

Previous rulings by the federal government limiting evictions were limited to projects financed with special HUD loans, which were few and very large projects. In contrast, this ruling applies to almost all residential tenants in all States and US Territories (except American Samoa) with the following exceptions:

  1. Engaging in criminal activity while on the premises;
  2. Threatening the health or safety of other residents;
  3. Damaging or posing an immediate and significant risk of damage to property;
  4. Violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or
  5. Violating any other contractual obligation, other than the timely payment of rent or similar housing-related payment (including non-payment or late payment of fees, penalties, or interest).

The Order also will not apply to residents who earn more than $99,000 individually or $198,000 if filing jointly.

In order to qualify for the protection, the resident must sign a CDC-prescribed form that says:

  • The individual has used best efforts to obtain government assistance for the payment of rent.
  • The individual falls below the above-income thresholds.
  • The individual can’t pay rent due to loss of income or medical expenses.
  • The individual is using best efforts to pay the rent or as much of it as he can.
  • Eviction would render the individual homeless.

The Finney Law Firm sees this as a significant shift in the balance between landlords and tenants in fulfilling leasehold obligations through year’s end. It will cause economic hardship for many landlords, and could force many projects into default.

Contact Chris Finney (513-943-6655) for more details and to learn how we can help.

 

The Best Lawyers in America© Recognizes Two Finney Law Firm Attorneys for 2021

Author By Christopher P. FinneyPosted on

 

 

 

 

 

Stephen E. Imm – recognized since 2010 in Commercial Litigation, since 2011 in Litigation and 2012 for Employment Law

Kevin J. Hopper – recognized since 2009 in Environmental Law and Water Law

About The Best Lawyers in America©

Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.

ABOUT FINNEY LAW FIRM

In 2014, led by Christopher P. Finney, seven bright, hard-working attorneys and a dedicated and talented staff, came together to form Finney Law Firm. Our team is committed to a unique practice of law that makes a positive difference for our clients by focusing on defining and then arriving at the best outcome for them. Finney Law Firm’s practice has extensive experience in the broad range of legal services that individuals and businesses may need:

  • Business formation and development
  • Residential and Commercial Real estate
  • Estate planning and administration
  • Commercial dispute resolution
  • Public interest law
  • Labor and employment law
  • Small Business Solutions Group
  • Bankruptcy
  • Personal Injury and Wrongful Death
  • Water Law
  • Affiliated Title Company – Ivy Pointe Title, LLC

We work relentlessly to add value for our clients by applying cutting edge legal strategies and utilizing highly productive technology. This approach allows us to keep pace with the changing demands of our clients’ own challenging personal and business environments. ~ Christopher P. Finney

Visit us at finneylawfirm.com

Can China Be Held Legally Responsible for the COVID-19 Epidemic?

Author By Todd McMurtryPosted on

A bill recently introduced in Congress would allow Americans to sue the Chinese government for harm caused by the coronavirus pandemic. The measure, called the Holding the Chinese Communist Party Accountable for Infecting Americans Act, is the most recent in a series of attempts by legislators to saddle China with legal liability for the spread of COVID-19 throughout the U.S.

The Foreign Sovereign Immunities Act (FSIA) precludes most lawsuits against a foreign nation. The U.S. Supreme Court has held that the FSIA is the sole basis for obtaining jurisdiction over a foreign state. However, the FSIA does have a few exceptions, allowing lawsuits when a foreign state has waived its immunity, when the claim is based on the foreign state’s commercial activity in the U.S. and when the claim is against a country that the U.S. has labeled as a state sponsor of terrorism.

The latest bill, sponsored by Sen. Tom Cotton (R-Ark) and Rep. Dan Crenshaw (R-Texas), would amend the FSIA to create a new exception for “damages caused by China’s dangerous handling of the COVID-19 outbreak.” In introducing the bill, Crenshaw said, “We need to hold the Chinese government accountable for their malicious lies and coverup that allowed the coronavirus to spread across the world. Simply put, their actions cost American lives and livelihoods.”

Lawsuits against China have already been filed by plaintiffs in Florida, Nevada and Texas. The Florida case, for example, involves claims of negligence, public nuisance and negligent infliction of emotional distress against several defendants, including China as a nation, China’s National Health Commission, Ministry of Emergency Management, the Government of Hubei Province, and the Government of Wuhan.

Unless this new bill or some other new legislation creates a new exception to the FSIA, cases like these are very likely to be dismissed for lack of jurisdiction. However, the potential for congressional action may serve as incentive enough for China to engage in settlement discussions that could result in substantial payments.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

Estate Planning in the Time of Coronavirus

Author By The Right of Shareholders to Inspect Corporate RecordsPosted on

The coronavirus has swept through Kentucky and Ohio just as it has the rest of the nation. As the number of confirmed COVID-19 cases has risen, along with the death toll, more people may be thinking about long-term medical care and how their assets will be distributed if they pass away. The quarantine period is perhaps a good time to get the right estate planning documents in place to express your wishes and instructions should something happen to you.

If you’re interested in creating or modifying your estate plan during the COVID-19 pandemic, these actions are worth considering:

  • Get a living will in place — A living will, also known as an advance directive, lets you explain your wishes regarding life-prolonging measures to be taken in defined circumstances. You can also name a health care surrogate (in Kentucky) or health care power of attorney (in Ohio) who will make decisions for you if you cannot make them for yourself.
  • Create a power of attorney — Giving someone power of attorney allows that person to pay your bills and otherwise manage your financial affairs in case COVID-19 or any other health issue leaves you unable to do so.
  • Review beneficiaries — Certain assets, such as bank accounts, IRAs, 401ks and insurance proceeds, are distributed to named beneficiaries in set circumstances. It’s important to review the account documents to make sure the beneficiaries you’ve listed are still the ones you want to receive funds.
  • Create a will or trust — Wills are the foundation of most estate plans, making sure that your property passes to your intended beneficiaries. Trusts can be used to manage and transfer assets during your lifetime and after death.

Most estate planning attorneys, including ours, are currently working remotely to maintain social distancing and keep clients and staff safe. We can have discussions on a video conference or over the phone. Documents can be emailed or sent through a delivery service so you can review and sign them without having to come to an office. In addition, Kentucky and Ohio are both on the list of states that allow wills and trusts to be notarized remotely, using electronic instead of in-person signing and attestation.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

Paycheck Protection Program: Your small business PPP loan may be public record

Author By Christopher P. FinneyPosted on

Last week, the Small Business Administration agreed to disclose the business names and locations, number of employees and loan amounts for all Paycheck Protection Program (“PPP”) loans in excess of $150,000. The Administration released the information this morning at 10 a.m. CT. As a result, the loan for your small business may become public as part of the disclosure.

Even though your bank may treat loan information as confidential, in this case, the disclosure of information is directly from the SBA as part of the Freedom of Information Act outlined in the PPP instructions. For more information, please refer to the U.S. Department of the Treasury website.

If you need assistance with obtaining or forgiveness of a PPP loan, please contact Rebecca L. Simpson (513.797.2856).

 

Bankruptcy Basics – a four-part series – Ohio Chapter 13

Author By Susan Cress BrowningPosted on

 

 

 

 

 

 

Attorney Susan Browning

In Part One of our Bankruptcy Basics series, we discussed Ohio Chapter 7 Bankruptcy, which can be read at this link. In Part Two of our series, we discuss Ohio Chapter 13 Bankruptcy.

The previous blog provided information regarding chapter 7 bankruptcy. However, chapter 7 is not necessarily the right choice in every case. What do you do when you do not qualify for chapter 7 or you might lose an unprotected asset in chapter 7?

What is chapter 13 bankruptcy?

Chapter 13 is a payback of your debt over a period of time. The debtor submits a chapter 13 plan to pay creditors a percentage of their debt. A chapter 13 debtor must have regular income in order to make monthly payments to the trustee. The trustee then distributes the funds to the creditors as directed in the plan. There are three main reasons for filing a chapter 13 bankruptcy.

First, Chapter 13 bankruptcy is designed for debtors who make enough money to pay back a percentage of their debt. If your income exceeds the median income for your household size and your reasonable and necessary expenses do not offset that income, the court determines that the amount remaining, “disposable monthly income”, can be used to repay your creditors a percentage of your debt. This percentage can vary from 1% to 100% depending on each debtor’s circumstances. You must have a regular source of income to file chapter 13.

Second, Chapter 13 is a tool to discharge debt and keep assets you may otherwise lose in a chapter 7 because there is too much unprotected, “non-exempt”, value. In this case, over the length of your chapter 13 plan, you would pay back at least the value of what the unsecured creditors would have received in a chapter 7.

Third, there are some benefits a debtor can take advantage of in a chapter 13 that are not available in a chapter 7. If you are behind on your mortgage or car payment, you can avoid foreclosure or repossession by catching up the payments in the chapter 13. You may even be able to improve the terms of your car loan. In some cases, a debtor can get rid of a second mortgage if the value of the real estate is less than what is owed on the first mortgage. Chapter 13 debtors can catch up on debt payments that are not dischargeable such as taxes and domestic support obligations.

How long is a chapter 13?

Payments in a chapter 13 plan will last from three to five years depending on your income and/or the goal of your chapter 13 plan. If your income is below median income for your family size, you may be able to complete your Chapter 13 plan in 36 months. However, depending on what you are paying back in the Chapter 13, you may need up to 60 months to make the payments affordable. If your income is above median income for your household size, you will be required to make payments for 60 months.

 What if something happens and I cannot make my monthly payment?

Inevitably there will be changes to your financial situation during the three to five years you are paying into the chapter 13 plan. During that time period, you must notify your attorney of any changes to your financial circumstances. If there have been changes that make it difficult to make payments, your attorney will attempt to modify your chapter 13 plan. These modifications must be approved by the chapter 13 trustee, creditors, and the bankruptcy court.

What happens at the end of my Chapter 13 plan?

After you have made all your required payments into your Chapter 13 plan, the remainder of your unsecured dischargeable debts are discharged. Your car loans that were being paid through the plan will be paid off, and if you made all required payments, you should be current on your mortgage. Non-dischargeable debts, such as student loans, will remain after the bankruptcy case is over.

If you are struggling financially and would like more information about bankruptcy, please contact Susan Browning, 513.943.6650 at the Finney Law Firm for a FREE CONSULTATION.

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