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McBrayer Blogs

The State of Hemp in Kentucky 2020

Posted In Agriculture, Hemp

If the 2018 Farm Bill will be remembered for anything, its legacy will be the resurgence of hemp as an essential cash crop in the United States. Still, almost two years on, that legacy is far from certain as regulation and markets struggle to capitalize on this reinvigorated resource and new industry growing pains are exacerbating the pains of growing for a new industry. More >

Dept. of Agriculture Issues COVID-19 Guidance for the Equine Industry

Gov. Beshear’s order of March 25, 2020, closing all non-essential businesses, allows businesses related to food, beverage, and agriculture to remain open, including “farming, livestock…and businesses that provide food, shelter, and other necessities of life for animals…” The Department of Agriculture’s Office of State Veterinarian clarified some best practices for those in the equine industry who remain open at this time. More >

Financing Hemp - Good News Starts to Outweigh the Bad

Posted In Banking, Hemp

The return of hemp as an industrial crop comes with vast potential – if only we can get past the early growing pains of the industry. One of those massive stumbling blocks has been the regulation surrounding banking and its effect on the financing of hemp growers, processors and other stakeholders. While the industry is nowhere near out of the woods yet, signs indicate that the regulatory environment is beginning to move in the right direction for all things hemp, and we’ll briefly cover the current lay of the land with regard to banking regulation. More >

Ten Top Blogs of 2019

As usual, our ten top blogs reflect the changing legal landscape and the needs of our clients, the employers and businesses that are the engine of opportunity in our Commonwealth. Whether you’re a fresh startup, a large healthcare provider, or even a distillery, our blogs had something for you in 2019, and below, we recount our top reads in each category. More >

Get the Biggest Bang for Your Association’s Political Buck!

The strategy of most Trade Associations is to advance shared issues and industries through pooling members’ resources. Nothing impacts those issues and industries more directly than elected officials and the campaigns that bring them into power.  A Political Action Committee (PAC) can serve as an effective advocacy tool to maximize member resources and support political candidates who are more likely to support and vote on your association’s initiatives, or even promote specific policy initiatives and action items directly. More >

Avoiding Ethical Pitfalls in the Representation of Family Businesses

As all attorneys know, maintaining an ethically sound practice is one of the fundamental requirements of the legal profession. Nowhere is this requirement more pronounced than in the representation of a family-owned business, which typically presents a variety of complex dynamics for the attorney’s consideration. Dealing with multiple familial owners—as well as the emotional ties between those owners—can often place lawyers in a difficult position, especially from an ethical perspective. However, as long as careful practices are adhered to, many potential ethical pitfalls can be easily avoided. More >

A Fully Informed Insured is a Good Insured – Regardless of the Underlying Facts

As defense attorneys, we are often hired by an individual or entity’s insurance company to zealously defend the interests of their insured. The relationship between insurer, insured and defense counsel can oftentimes be confusing and is riddled with potential landmines for the well-intentioned attorney. As such, candid communication with the insured about this relationship is of paramount importance. More >

Our Top Ten: Ten McBrayer Blogs that Capture the Year that Was

Our McBrayer blogs run the gamut of practice areas, so it’s no surprise that the ten most popular blogs on our site for the 2018 calendar year reflect the full span of our reach.  It’s also no surprise that the vast majority of these blogs respond to new and exciting changes in the law. Drumroll, please… More >

Department of Labor Ends 80/20 Rule for Tipped Employees

On November 7, 2018 the U.S. Department of Labor issued an advisory opinion letter, FLSA 2018-17, that amends previous guidance regarding the “tip credit provision,” sometimes known as the 80/20 rule. The “tip credit” provision addressed the payment of minimum wage and applies to employees of a business that usually receive at least $30 per month in tips. These “tipped employees” are not required to be paid federal minimum wage (currently $7.25 per hour), but instead, only $2.13 per hour. In 2011, the Department of Labor had issued an opinion rescinding a 2009 opinion and instituting what has colloquially been called the “80/20 rule.” By FLSA 2018-17, the Department of Labor fully reinstated the prior 2009 determination, which will have far reaching consequences for employers of “tipped employees.” More >

Kentucky Equine Liability: When the Potential Buyer Takes a Tumble

Recently the Kentucky Supreme Court addressed liability issues facing Kentucky horsemen when offering riding horses for sale. The sale of horses for riding use is a common facet of the horse business in Kentucky, and test rides are frequently part of the sale process. A test ride, however, opens the door to unique liability issues.  In 1996, the General Assembly enacted the Farm Animals Activity Act(“FAAA”), which dictated that the inherent risks associated with farm animals, including horses, are beyond the reasonable control of farm animal activity sponsors, professionals, or other involved persons. However, this statute left several exceptions permitting liability on the table. Until recently, no published case law in Kentucky provided guidance for the application of these exceptions. In August 2018, the Kentucky Supreme Court clarified the FAAA exceptions involved with a potential buyer riding a sales horse in Daugherty v. Tabor. More >

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