Hemmer DeFrank Wessels PLLC is pleased to announce Kyle M. Winslow has been elected to partnership effective January 1, 2020.

A member of the firm’s litigation practice group, Kyle concentrates his practice on representing individuals and businesses in complex business disputes, business divorce, and plaintiffs’ defamation matters.

Outside of the firm, Kyle was appointed in 2018 by the Governor of the Commonwealth of Kentucky to the Executive Branch Ethics Commission.  He recently completed a three-year term as a board member of the Northern Kentucky Bar Association.  Kyle is licensed in state and federal courts in Kentucky, and Ohio, and Indiana, and received his J.D. from the University of Cincinnati College of Law.

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 stg-devfinneylawfirmcom-stage.kinsta.cloud.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.com; 513.797.2850.

 

If your company is classified as a “covered entity” (most healthcare providers are covered entities) or a “business associated” of a covered entity, you are surely aware of the Health Insurance Portability and Accountability Act (HIPAA). HIPAA requires protection and confidential handling of individuals’ protected health information (or “PHI”). Healthcare organizations and businesses that provided services to healthcare organizations that create, use, or disclose PHI are required to safeguard it and to follow the various HIPAA rules – such as the privacy rule, the security rule, and the breach notification Rules.

A HIPAA violation could leave an individual’s sensitive, personal health information (PHI) exposed to others without causing the individual harm.  It could also result in an investigation by the government.  As part of its investigation, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights could impose hefty fines and other civil penalties.  Following a serious and intentional HIPAA violation, the Department of Justice may pursue criminal charges against the violator.

Given the serious consequences of a HIPAA violation, companies that handle health information and companies who provide services to those companies, should make sure that their handling of PHI is in compliance with the various HIPAA rules.

  • Install security — Computer files should be protected through passwords, encryption and other cybersecurity methods. Physical files containing PHI should be kept under lock and key, accessible only by designated, HIPAA-trained personnel.
  • Keep computer credentials individualized and confidential — A HIPAA violation may result from an unauthorized employee using another employee’s credentials to access PHI. Employees should have their own computer login information and accounts that provide access to the type of information pertinent to their job.
  • Communicate responsibly — An employee may violate HIPAA by discussing a person’s medical details in public or via text, email or phone. Communications should be sent through secure, approved channels.
  • Close or dispose of documents the right way — Tossing or leaving out a piece of paper that includes a person’s PHI or leaving a file up on a computer screen for everyone to see, can be considered HIPAA violations. Establish a method for disposing of confidential documents to make them unreadable, indecipherable and unable to be reconstructed, in accordance with HIPAA rules.

A HIPAA violation can be harmful to the violated individual as well as to the person or organization responsible for the violation. Our healthcare law attorneys work with covered entities to handle and help prevent violations of HIPAA. 

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 stg-devfinneylawfirmcom-stage.kinsta.cloud.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.com; 513.797.2850.

 

Shareholders have common law and statutory rights to inspect and copy the records and books of corporations and limited liability companies (LLCs). These rights exist so that shareholders are able to ascertain whether corporate management is being properly conducted and so that they have accurate information when voting on corporate issues.

These rights don’t often need to be exercised in public corporations, which are required by law to disclose their financial information regularly. But for privately held corporations, the right of inspection is a vital way for shareholders to keep tabs on management and finances.

Under Kentucky law, a shareholder may inspect and copy any of the following documents by providing the corporation with five business days’ written notice:

  • Articles of incorporation and all amendments to them
  • The company’s bylaws and all amendments to them
  • Resolutions adopted by the board of directors creating a class or series of shares
  • Minutes of all shareholders’ meetings for the last three years
  • Records of all action taken by shareholders without a meeting for the last three years
  • All written communications to shareholders within the last three years, including financial statements
  • A list of all the names and business addresses of the company’s current officers and directors
  • The company’s most recent annual report

Shareholders also have the right, upon five days’ notice, to inspect and copy accounting records and shareholder records, but only if all of these conditions are met:

  • The shareholder’s demand is made in good faith and for a proper purpose.
  • The shareholder describes the purpose and the records sought with reasonable particularity.
  • The records requested are directly connected to the stated purpose.

If a corporation refuses to allow a requested inspection, the shareholder can file a lawsuit in the court of the county where the corporation’s principle office is located. If the court rules in favor of the shareholder, the corporation may be required to pay the shareholder’s costs and attorney’s fees.

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 stg-devfinneylawfirmcom-stage.kinsta.cloud.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.com; 513.797.2850.

 

Dividing property is one of the most important and potentially contentious aspects of business partners falling out and going their separate ways. A business divorce requires that the company be fairly valued so that all or part of it can be sold, whether to insiders or to outside buyers.

A business valuation analyzes all areas of the company to determine the worth of its various departments and of the entity as a whole. Professional evaluators look at such as elements as the company’s capital structure, its management, the market value of its assets and its future earnings potential.

There are numerous ways to value a company during business divorces. Some of the most common methods are:

  • Market capitalization — The value of a public company typically is calculated by multiplying the company’s share price by the number of shares outstanding. If the price is $50 and there are one million shares outstanding, the company’s value is $50 million.
  • Times revenue — A multiplier is applied to the revenue the company has generated over a certain time period. The multiplier varies by industry. A tech company might be valued at 5x revenue while a service company might be valued at 1x revenue.
  • Earnings multiplier —The company’s price-to-earnings ratio is adjusted to account for current interest rates. This is often more accurate than the times revenue method because the earnings multiplier is based on profits.
  • Discounted cash flow — This is similar to the earnings multiplier method, except that the company’s cash flow is calculated taking inflation and other market risks into account.
  • Book value — This is the company’s total assets minus its total liabilities as shown on its balance sheet.
  • Discretionary earnings — This method, often used for valuing small businesses, takes gross earnings and adjusts them for depreciation, interest expense and non-operating and non-recurring income.

When business owners are engaged in a split up, it is to be expected that the choice of valuation method will be a point of contention. Different owners will likely choose their own evaluators, with each employing a different method. If the owners can’t agree on a selling price, some form of alternative dispute resolution, such as mediation, may be used to arrive at a settlement.

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 stg-devfinneylawfirmcom-stage.kinsta.cloud.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.com; 513.797.2850.

Purchasing a business triggers the duty to comply with the Corporate Transparency Act (CTA), a federal law mandating the disclosure of beneficial owners of certain U.S. entities to prevent illicit activities such as money laundering and fraud. Understanding the intricacies of the CTA and ensuring adherence is vital, not only to facilitate a smooth transaction but also to avoid significant legal repercussions.

The CTA requires entities such as corporations and limited liability companies to report detailed information about their beneficial owners, namely, those who own 25 percent or more of the entity or have significant control over it. Beneficial ownership information (“BOI”) must be filed with the Financial Crimes Enforcement Network (FinCEN). It includes the owners’ full legal names, birthdates, addresses and unique identifying numbers. BOI must be updated within 30 days of any change in ownership.

Non-compliance with the CTA can lead to severe penalties. If a business fails to provide accurate or updated information about its beneficial owners, it can face fines of up to $500 per day until the violation is corrected, reaching potentially substantial sums. Moreover, willful failure to report the required information or deliberately providing false or fraudulent information can result in criminal penalties. These include fines of up to $10,000 and/or imprisonment for up to two years. 

Importantly, these penalties can apply to violations that occurred before the acquisition. To mitigate those risks, prospective buyers should take several precautionary steps:

  • Due diligence — Conduct a review of the target company’s compliance history with the CTA. This includes verifying that all necessary filings are up to date and accurate. Engage with legal professionals who can scrutinize the documentation and history of compliance is advisable.
  • Integration plan — Develop a plan to integrate CTA compliance into the ongoing operations of the business post-acquisition. This should include procedures for regularly updating beneficial ownership information and monitoring compliance.
  • Training and awareness — Implement training programs for key personnel in the acquired company to ensure they understand the importance of CTA compliance and the procedures for maintaining it.
  • Establish compliance protocols — Set up internal controls and compliance protocols to regularly review and verify beneficial ownership information. This proactive approach can help in identifying and rectifying any potential discrepancies before they result in violations.

Consulting with a business law firm can provide you with assurance that all aspects of CTA compliance are addressed and can help you protect yourself from liabilities associated with any pre-existing violations.

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 stg-devfinneylawfirmcom-stage.kinsta.cloud.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.com; 513.797.2850.

 

A business divorce can be a long, painful process. Breaking off from fellow shareholders or partners could have significant legal, financial and emotional consequences. There might be moments where you consider walking away without finalizing an agreement to protect your interests. However, the failure to tie up loose ends with the assistance of an experienced attorney could come back to haunt you even after everyone has gone their separate ways.

The U.S. Supreme Court in Bartenwerfer v. Buckley was faced with a case involving a husband-and-wife partnership. David and Kate Bartenwerfer formed a legal entity to purchase, renovate and sell a house in San Francisco. From the outset, David handled the project, including the hiring of contractors, while Kate remained on the sidelines. Eventually, the Bartenwerfer partnership sold the home to Kieran Buckley.

Once Buckley purchased the residence, he found numerous significant defects that had not been disclosed to him. Subsequently, he won a verdict exceeding $200,000 in a lawsuit against the Bartenwerfers. This result, along with other debts, led the couple to file for Chapter 7 bankruptcy. Buckley sued, alleging that the debt to him should not be discharged, Section 523(a)(2)(A) of the Bankruptcy Code bars the discharge of “any debt… for money… to the extent obtained by… false pretenses, a false representation, or actual fraud.”

Kate Bartenwerfer argued that because she lacked knowledge of her partner’s misrepresentations, she should be not responsible for the debt to Buckley. However, in a unanimous decision authored by Justice Amy Coney Barrett, the Supreme Court held that a debtor cannot discharge a debt arising from a partner’s fraud—even if the debtor personally lacked knowledge or culpability.

Given this precedent, partners in the midst of a business divorce need to be aware of the possibility that they could face liability for acts that that they did not know about. You and your attorney might want to investigate your partner’s conduct and allocate responsibility in case a subsequent claim does arise.

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 stg-devfinneylawfirmcom-stage.kinsta.cloud.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.com; 513.797.2850.

Social media platforms and podcasts give individuals the chance to reach a broad audience without having to go through a traditional media outlet. This can be empowering for someone who cannot convince a newspaper, broadcast station or book publisher that their message is worthwhile. On the other hand, without a structure in place to filter out potentially defamatory content, speakers risk serious legal problems if they make a false statement about someone else.

Even municipal officials can face libel suits. The mayor of a small Laurel County town is now the defendant in two separate legal actions stemming from comments he made on a podcast. According to two former Kentucky state troopers, London Mayor Randall Weddle made false and damaging statements about them. Elijah Jarvis has also sued Weddle based on material from a True CrimeCast episode. 

Brothers James and John Phelps say that Weddle accused them of sexual misconduct and other serious crimes, including murder. Their legal action alleges that these false statements have harmed their career prospects and reputations within their community. 

Defamation claims in Kentucky generally require a plaintiff to demonstrate the following four things:

  • False, defamatory statement — Should the case go to court, the trier of fact will evaluate the truth of Weddle’s comments. In some cases, defamation plaintiffs must show how the statements at issue harmed them. However, baseless accusations of criminal activity and sexual misconduct are known as defamation per se, meaning that we can assume that they would damage plaintiffs’ reputations.
  • Publication to a third party — Speaking a damaging falsehood to a third party is slander, while wider publication, such as through a podcast, constitutes libel. According to news reports, the True CrimeCast has more than 1,000 YouTube subscribers. 
  • Fault, amounting to at least negligence — In cases involving public figures, actual malice on the defendant’s part is required. This means that the speaker knew what they said was a lie or acted in reckless disregard of the truth. When the plaintiff is not a public figure, liability only requires negligence on the defendant’s part.
  • Damages — There are several ways to show damages stemming from defamation, including harm to career opportunities and symptoms of emotional distress. Even unproven allegations of criminal and sexual misconduct could change someone’s life measurably. 

Whether it’s on a podcast or anywhere else, false statements about you should not go unchecked. Hemmer Wessels McMurtry PLLC in Fort Mitchell handles libel and slander actions so that those who defame others are held to account. To speak with an experienced Kentucky lawyer, please call 859-344-1188 or contact us online

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 stg-devfinneylawfirmcom-stage.kinsta.cloud.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.com; 513.797.2850.

 

Americans are generally reluctant to discuss personal financial issues. In many ways, keeping this information private is often a good idea, but there are situations where close family members, and even spouses, are not completely aware of an individual’s assets and debts. Once someone has died, the administration of their estate or trust clearly identifies property that is to be passed on to the decedent’s beneficiaries. Unfortunately, it might be difficult to discern if they received less than they should have as a result of legal malpractice. 

A lawsuit alleges that a Lexington estate planning attorney misappropriated millions of dollars from his clients. The allegations have triggered one of the largest legal practice fraud investigations in Kentucky’s history. According to the accusations, Delmon Lyle McQuinn’s actions might have affected more than 3,000 people. McQuinn died by suicide on March 18, 2025, shortly after the accusations surfaced.

The complaint of 79-year-old Linda Helton claims that McQuinn wrongly diverted millions of dollars from assets owned by her deceased husband. When her attorney reviewed the facts, he says that the discovered a widespread pattern of deception that included fraudulent wills and trusts. Potential forms of misconduct in the McQuinn matter include breach of fiduciary duty, fraud, forgery, theft by deception, intentional infliction of emotional distress and elder abuse.

While not every instance of estate planning malpractice has the dramatic scope of the McQuinn case, a lawyer’s failure to meet professional standards can have a devastating effect on a victim’s family. Even if an attorney is merely careless, rather than dishonest, serious problems might arise. Failure to conform with legal requirements or address concerns about incapacity could lead to the invalidation of testamentary documents. Errors involving commingled accounts or lost papers can also result in squandered funds or unnecessary litigation. 

When lawyers seek to divert client funds for themselves, it can be difficult to identify the misconduct. From the moment you suspect that something might be amiss, you should reach out to a qualified attorney who can assess the situation and investigate whether any improper activity took place. In the meantime, you can request an accounting of trust assets and transactions, as well as any records involving funds under the lawyer’s control. 

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 stg-devfinneylawfirmcom-stage.kinsta.cloud.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.com; 513.797.2850.

 

Disagreements over the nonpayment of construction contracts occur frequently. Contractors who have finished a job based on the expectation that they will receive full payment on completion often find themselves forced to chase property owners for the designated funds. In some cases, the hiring individual or entity will formulate some excuse as to why the agreed-upon amount is not being provided. Other times, no explanation is given for the nonpayment. 

Though some legal protections were in place for construction contractors, a new Kentucky law bolsters their ability to secure the compensation they’ve earned. Under Senate Bill 76, when a contract with a private party is valued at $2 million or more, any portion of the payment that the owner retains subject to project completion must be held in an escrow account. Once the job is done in a satisfactory manner, the owner must provide a release that triggers transfer of the escrow funds to the contractor. Parties to construction contracts are no longer permitted to negotiate away this escrow requirement. 

Likewise, the law bars contract provisions that purport to eliminate or undermine a contractor’s right to seek relief in court or waive other essential rights conferred under Kentucky law. By barring enforcement of these terms, the bill safeguards contractors from being coerced into unfavorable language that could put them at an unfair legal disadvantage. However, the bill does note that binding arbitration can be utilized as alternative dispute resolution method.

Among the law’s most important elements is its protection against clauses that unjustly prevent contractors from recovering costs or damages due to delays—especially when such delays stem from factors within the control of the contracting entity. Many construction law conflicts stem from situations where a project cannot be completed on time. There are numerous reasons why an unforeseen delay could occur, such as weather, regulatory hurdles or bureaucratic inefficiencies. By prohibiting clauses that put the entire economic burden of any delay on the contractor, this provision fosters a more equitable distribution of risk and responsibility.

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 stg-devfinneylawfirmcom-stage.kinsta.cloud.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.com; 513.797.2850.

 

Kentucky is recognized worldwide as the capital of thoroughbred racing. The people and businesses devoted to developing winning horses pursue their goals vigorously on the track, in the paddock, and sometimes at the courthouse. A dispute arising from the 2022 Lukas Classic race led the connections of one horse to seek relief through a tortious interference lawsuit. 

Hot Rod Charlie came in first at the Grade 2 race ahead of Rich Strike, but the second-place horse’s owner alleged that the purported winner competed with non-permissible shoes. Specifically, Rick Dawson claimed that Hot Rod Charlie’s front shoes appeared to have toe grabs, which are not allowed on dirt under the rules of the Horseracing Integrity and Safety Authority (HISA). However, HISA rejected the appeal, holding that the toe grabs originally on the shoes had been ground down sufficiently to comply with the rule. 

Rich Strike’s connections did not give up though, filing a business tort action claiming that Hot Rod Charlie’s connections intentionally interfered with their valid expectancy that Rich Strike would win a fairly conducted race. Consequently, Rich Strike’s connections sought more than $300,000 in damages covering the additional purse money, winner’s trophy and increased stud fees that they said would have accompanied a first-place finish.  

The court rejected the use of a tortious interference claim to overturn the race result. Judge Annie O’Connell in Jefferson Circuit Court focused on the fact that the relief sought by Rich Strike’s connections bypassed the federal law that created HISA and the regulatory structure that governs horse racing in the United States. Consequently, she held that federal law pre-empted a state court’s ability to determine if a rule violation occurred. Judge O’Connell reasoned that a ruling in favor of Rich Strike’s connections would have undermined HISA’s established decision, compromising its authority in maintaining fair play and safety standards in the industry. 

While the court ruled that the regulatory framework barred a tortious interference action in this case, there are various types of situations where a third party intentionally disrupts a contractual or business relationship between two other entities. 

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 stg-devfinneylawfirmcom-stage.kinsta.cloud.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.com; 513.797.2850.