FOR IMMEDIATE RELEASE

March 4, 2019 

In a span of 3 days beginning on January 19, The Washington Post rushed to claim leadership of a mainstream and social media mob of bullies who falsely attacked, vilified and threatened Nicholas Sandmann, an innocent 16-year old boy. Late last Friday evening, 41 days after it launched its false attacks on a minor, the Post published an Editor’s Note and delivered to Nicholas’ lawyers a letter from its General Counsel, Jay Kennedy. With its unlimited financial resources, the Post likely spent tens of thousands of dollars on media defense lawyers to publicly parse and spin its false coverage in an effort to avoid accountability and limit its legal responsibility for its wrongdoing. The Post’s efforts were too little and too late.

The Friday night efforts by the Post to whitewash its wrongdoing were untimely, grossly insufficient and did little more than perpetuate the lies it published – lies that will haunt and adversely impact Nicholas for the rest of his life.

The Post ignored its own culpability and wrongdoing. Mr. Kennedy’s letter stated that the Post “provided accurate coverage.” It did not and its belated public relations efforts change nothing and fool no one. The Post made no effort to retract and correct the lies it published.

The Post did not have the integrity to unequivocally admit its negligent and reckless violations of fundamental journalistic standards documented by its complete failure to investigate the incident at the National Mall before publishing lies about a child. One need only review the Post’s published list of its own Policies and Standards at https://www.washingtonpost.com/policies-and-standards/?utm_term=.ec515ec8b6aa to find violation after violation after violation.

The Post did not have the character to apologize to Nicholas and seek his forgiveness.

Highlighting its arrogance and lack of contrition, the Post announced its “deletion” of one of its false and defamatory tweets about the incident and Nicholas by re-posting the tweet so that its lies will also forever remain available on the Internet and in social media.

False accusations against an adult destroy a lifetime of accomplishments. False accusations against children forever rob them of their inherent right to define their lives for themselves and force them to suffer a life tainted and damaged by the permanent shadow of the lies.

Last Friday night the Post made clear that it has learned no lesson and remains willing in the future to falsely attack others to further its political agenda, including false attacks on children. 

The Post has now double downed on its lies. As Nicholas’s lawyers, we will now double down on truth and aggressively continue our legal efforts to hold the Post accountable and obtain justice for Nicholas in a court 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 finneylawfirm.com.

Media Contact: Mickey McClanahan; [email protected]; 513.797.2850.

 

Warren County Auditor Matt Nolan and the Finney Law Firm will give a presentation to the Real Estate Investor’s Association of Greater Cincinnati (REIAGC) covering the property valuation challenge process.

The correct valuation of real property can mean the difference between success and failure for residential and commercial landlords, and their tenants.

On Thursday, March 7, our attorney and Matt Nolan will discuss the procedure for bringing a challenge, issues to consider prior to bringing a challenge, and next steps if the initial challenge is not successful.

Click on this link to the REIAGC’s website for more information or to register to attend. Registration is free for members, $35.00 for non-members.

Learn more about Warren County Auditor Matt Nolan here. Learn more about Finney Law Firm’s Property Valuation practice here.

Today, Lin Wood and Todd McMurtry filed their first lawsuit on behalf of Nicholas Sandmann against The Washington Post. The lawsuit filed is included below. The suit seeks $250 million in both compensatory and punitive damages. Lin and Todd will continue to bring wrongdoers before the court to seek damages in compensation for the harm so many have done to the Sandmann family. This is only the beginning.

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; [email protected]; 513.797.2850.

 

On January 18, in the span of a few hours, Nick Sandmann’s peaceful attendance with his Covington Catholic classmates at the March for Life in Washington, D.C. was turned into a personal nightmare when Nick became the focus of false and defamatory accusations published and broadcast across the nation and the world. A mob comprised of activists, church and school officials, members of the mainstream print and broadcast media, and individuals on social media, including elected public officials and celebrities, rushed to condemn and vilify this young man by burying him in an avalanche of false accusations, false portrayals, and cyberbullying that have threatened his reputation and his physical safety. Nick Sandmann is 16 years old. He is an eleventh-grade high school student. He is not the face of evil and he did absolutely nothing wrong or inappropriate in connection with the incident to deserve the heinous accusations made against him by uninformed or agenda-driven individuals and media entities.

Nick and his family have experienced one of the worst sides of our present society. As their lawyers, we intend to exercise our best efforts as advocates to show Nick and his family another side of our society – that we are a society that survives and flourishes from the fact that it is based on the rule of law. A system of justice that demands that truth prevail and the wrongdoers be held accountable for the harm they have inflicted on Nick and his family.

In the coming weeks, we will be carefully reviewing all of the false accusations and threats made against Nick. We fully expect that a multitude of civil lawsuits will be filed and aggressively pursued. We recognize that justice for Nick will not be achieved quickly, but we are dedicated to achieving it for this young man regardless of time or expense.

At this time, Nick, his family and their lawyers will not be engaging in media interviews. There is work to be done. If any member of the public has information, they believe is helpful to Nick, that information can be communicated to us by email to [email protected].

Nick and his family sincerely appreciate the fair-minded individuals who respect our system of justice and refused to rush to judgment before the truth was revealed. Our efforts are not about politics, race or religion. Our efforts are only about justice for Nick.

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; [email protected]; 513.797.2850.

 

Medical records typically contain personal information that care providers must keep private in accordance with federal and state law. In most cases, only patients and their care providers may access these records without written permission.

Although most of these rules come from federal laws like the Health Insurance Portability and Accountability Act, or HIPAA, there are Kentucky state laws that also dictate how care providers should handle these records. The following are some of the general rules healthcare organizations in Kentucky must know and understand:

  • Access: The patient and his or her medical provider always have access to medical records. However, a patient may choose to release these records to another party, such as a spouse, the Social Security Administration or a military recruiter, by signing a release form.
  • Mandatory reporting: There are some diseases the state of Kentucky requires care providers to immediately report to the Cabinet for Health and Family Services. However, the cabinet must keep this information confidential, and it will not be available in public records requests.
  • Privileges: Counselor-patient and psychotherapist-patient privileges may apply to medical records in Kentucky, which means patients could prevent counselors or psychiatrists who know about their medical background from disclosing it or testifying about their mental or physical health.
  • Protective orders: Physicians, hospitals or patients in Kentucky may ask to limit or entirely prohibit the use of medical records via protective orders, which they must obtain through a court. Conversely, patients may also waive their right to privacy of their medical records, giving certain people access to them.
  • HIV/AIDS: Kentucky has specific rules regarding the testing and disclosure of HIV and AIDS. Each local public health department provides anonymous or confidential testing for HIV, along with counseling services for people who test positive for these diseases. There are limitations to the disclosure of these test results.

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; [email protected]; 513.797.2850.

 

Written By: Todd V. McMurtry

“It’s just not working out anymore.” You may have heard or uttered these words as a marital partner, but as a business one? It can happen. Business divorce among privately-held companies is common, and can be just as emotional as one involving spouses. Organizations experience “life events” too, and smart business owners know to prepare for them ahead of time. In his article “The Business Divorce,” California attorney Michael Gold outlines seven key provisions that should be included in every business agreement from the start. Much like a prenuptial agreement, these discussions can be uncomfortable. A thorough agreement developed with a knowledgeable attorney, however, can save future headaches and heartaches for all parties. Does your business agreement include the following provisions?

Provision #1: Responsibilities and Deadlock Breaking

It is important to establish partner responsibilities upfront. This section should also include agreed-upon values, purpose, and vision each partner will adhere to moving forward as the business develops. In the Forbes article, “How I Survived My Business Divorce,” Kathy Steele discusses how not having a values alignment with her business partner led to nasty arbitration. Another critical component of this provision is a deadlock-breaking mechanism. A deadlock provision will resolve a situation where there is a majority disagreement between partners, but no side has the majority vote.

Provision #2: Estate Planning

What happens when a partner passes away? Most business agreements account for the transfer of the business interest to a trustee, but stop there. According to Gold, “The company is then left with a shareholder or partner who is a mere stakeholder and plays no productive role in the company.” Be sure the obligations for heirs or trustees who absorb the interest of the previous partner are clearly outlined.

Provision #3: Buyout Triggers

While death or disability of a partner are the most obvious causes for transfer of interest, other triggers can be overlooked. A partner involved in any of the following scenarios may directly impact the business:

  • Divorce
  • Bankruptcy
  • Moral turpitude, felony charge or conviction
  • Poor performance

Many companies choose to omit performance as a buyout trigger when crafting an agreement. Unfortunately, this can sometimes lead to a situation where a fired, under-performing partner remains a stakeholder in the company.

Provision #4: Valuation and Payment

According to attorney Jay R. McDaniel, in most business divorces, one side of the dispute will eventually purchase the interests of the other side of the dispute. Therefore, valuation must be included in every business plan. In most cases, fair value is determined early on but rarely updated. Gold adds that all funding other than cash flow needs to be considered, and this provision should include payment terms that adjust for the company’s financial condition.

Provision #5: Post-buyout Competition Restriction

The conclusion of a business divorce can be far from a clean break. It is easy to overlook the protection needed once a partner is expelled. He or she can turn around and start a competing business or go work for a competitor. The partners should agree at the outset that every buyout will include covenants of confidentiality, non-competition and non-disparagement.

Provision #6: Dispute Resolution

Include methods of solving disagreements that don’t require litigation as the only option. Look to alternative dispute resolution (such as mediation) which often times saves individuals thousands of dollars over traditional litigation. As I have written in the past, the courts too often take too much time and cost too much. Instead, include provisions that first require mediation and then arbitration. Put these provisions in your organizational documents. In “How to Execute a Business ‘Divorce’ Without Hard Feelings,” author Malini Bhatia also encourages turning to outside professional entities, such as consultants or advisory boards, to provide objective insight. Together with your partner(s), think about specific scenarios and consult with your attorney on the best remedy for each.

Provision #7: Spousal Consents

Personal and professional lives sometimes collide in the face of marital divorce. How? According to Gold, “[the business] partner’s spouse can claim that the [business] agreement is unfair or in breach of the partner’s fiduciary duty to his spouse.”  Obtain written consent to the business agreement terms from all stakeholder spouses. Failing to do so may cause undue scrutiny from a family court.

No one enjoys thoughts of terminating a business partnership when it may still be in its infancy. Planning for a successful future means anticipating all scenarios, even the unpleasant ones. Taking the time to review your business plan together with your partners and a qualified attorney isn’t just good business, it’s a match made in heaven.

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; [email protected]; 513.797.2850.

 

A living will is a legal document that allows patients to provide healthcare providers with an outline of their wishes in the event they become incapacitated and unable to communicate their wishes themselves. The document often contains a provision for a person to be designated as healthcare power of attorney. This individual can speak on the patient’s behalf if he or she cannot do so.

Kentucky has specific living will laws as outlined in the Kentucky Living Will Directive Act. These are some of the highlights of this important law.

Legal requirements for a living will to be valid

In Kentucky, a valid living will must have four components:

  • The creator of the will (the testator) is an adult with testamentary capacity.
  • The living will is created in writing and is appropriately signed and dated.
  • The signing of the will must be witnessed by two or more unrelated adults in the presence of each other and the will creator (or acknowledged by a notary).
  • The document is in essentially the same form as outlined in Kentucky Revised Statutes Section 311.625.

Revoking a living will

Living wills are revocable in the same way that traditional wills are. Methods of revocation include:

  • A written declaration of revocation, signed and dated by the testator
  • An oral statement of an intent to revoke in the presence of at least two adults, one being a healthcare provider
  • Destruction of the existing living will with the intent to revoke it

Revocation is effective immediately. This action overrides any previous written healthcare directives.

It’s worth noting that healthcare providers may follow living wills or advance directives created outside of Kentucky, so long as those directives are consistent with generally accepted medical practices. If a doctor cannot follow the instructions of the living will, he or she must inform the patient and the family, and cannot impede transferring the patient to a healthcare facility or doctor who can comply with the instructions.

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; [email protected]; 513.797.2850.

 

Written By: Todd V. McMurtry

We do everything in our power to make our clients happy! Our services will increase your bottom line! Big or small, we handle it all! As a professional, your personal website or company page is an essential link for those seeking or already utilizing your services. There they can find out more about you, your business, and why you’re better than your competitor. While the preceding example claims are attention-grabbing, they can also mean extra trouble if an unhappy client decides to take you to court. How? In her article “Avoiding website claims that increase malpractice risk,” CPA Deborah K. Rood outlined many of these risks as they applied to accountants. For lawyers, the American Bar Association’s Model Rules of Professional Conduct provide general guidance. Rule 7.1 prohibits a lawyer from making “a false or misleading communication about the lawyer or the lawyer’s services.” Ohio and Kentucky’s rules closely mirror the model rule. Violation of this rule could lead to a malpractice lawsuit. Listed below are the five most common claims plaintiffs’ attorneys cite in these cases. Could you be at risk?

  1. Misrepresenting your education and/or honors and awards

Did a few semesters at Harvard magically turn into a degree? A passing mention in a trade magazine suddenly become a nationally-recognized award? Skewing the facts a bit never hurt, right? Wrong. Doing so puts your livelihood and reputation at serious risk. There are three types of misrepresentation professionals can be sued for: fraudulent (deceitful), negligent (careless), and innocent (thoughtless). Although clients may not necessarily double-check a professional’s credentials, plaintiffs’ attorneys in malpractice suits certainly do. Protect yourself and your career. Only post provable, accurate information.

  1. Misrepresenting your experience and/or abilities

According to Michael Downey’s ABA article, “12 Tips for Reducing Online Dangers and Liabilities,” misrepresenting your experience or abilities is even more dangerous than false education or award claims. He goes on to state, “[i]ndividuals making claims against lawyers often use online boasting as exhibits in depositions and cases to suggest the lawyer was dishonest or misled a client…” This holds true for any profession, not just legal. A single experience with a particular type of client or area of practice does not an expert make. (In fact, even the use of the term “expert” can be called into question in a malpractice suit.) Stick with what you know and what you do well. Expand your knowledge base with practice and research before adding it to your professional repertoire.

  1. Using absolute/overly broad terms in statements

Many busy professionals use freelancers or marketing firms to create and manage their online presence. Advertisers love to try to set their clients apart from the competition with difficult-to-prove statements known as “puffery.” While it might be overlooked when it comes to laundry detergent, professional services are held to a higher code of ethics. Carefully review any “marketing” copy created for your professional website or page. Look out for any word that immediately sets up unrealistic client expectations such as:

  • all
  • every
  • always
  • constant
  • never

Also, be careful to avoid overly-broad statements or announcing competency criterions within your field. Overly broad claims run the risk of overpromising and underdelivering, the typical spark for a malpractice claim. Some situations may warrant a different approach or the usual standard may not be appropriate. As suggested by Rood, stick to phrases such as “may,” “often should,” “endeavor to,” or “generally” in your web copy instead.

  1. Implying influence over a client’s success

Is your client seeing positive results since working with you? Great, just don’t take all the credit. Client success is the result of many variables, of which your services may be only one. While part of growing a business means sharing your victories, professionals must be careful when claiming their services lead to client profitability. The easiest way to avoid this is to ask for client testimonials that can be posted directly on your website or page. According to Entrepreneur magazine, 85 percent of small businesses rely on word-of-mouth referrals. Third-party accolades are a powerful display of your credibility (not to mention free advertising) while keeping expectancies realistic.

  1. Not monitoring what others say on your site

Finally, just because you personally did not post a claim made on your site doesn’t mean you wouldn’t be held liable for it in a malpractice suit. Allowing fraudulent claims on your website or page is akin to you as a professional endorsing it. All businesses should perform a “content audit” of its web presence. While this is usually suggested as part of a marketing exercise, it can also act as a guard against the pitfalls listed above. Taking a bit of time to review your online content now may protect you against malpractice claims in the future.

In conclusion, as lawyers, we face many challenges. We have to attract clients, do excellent work, manage a business, stay abreast of changes in the law, etc., etc. I hope this article has provided you some useful guidance and eases your day-to-day burdens a bit. Cheers!

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; [email protected]; 513.797.2850.

 

The Ohio Supreme Court has ordered the Ohio Elections Commission to file its response to Aftab Pureval’s emergency motion to halt the investigation into his campaign finance violations by noon on Friday, October 26, 2018.

In addition to the filing at the Ohio Supreme Court, Pureval has filed yet another motion with the Ohio Elections Commission seeking to delay the hearing until after the election. Pureval is desperate to prevent the voters from scrutinizing his campaign spending before the election.

The Order from the Ohio Supreme Court and the latest filing at the Ohio Elections Commission are below and available online here and here.

Read more about Pureval’s efforts to avoid accountability in this matter here, here, and here.

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There is no law in Kentucky that requires employers to provide group health insurance to their employees. While most employers do provide this benefit, there is no government regulation or entity forcing them to do so.

There are, however, state laws that require employer-provided policies to cover specific services. These required coverages are known as “mandated benefits.”

A full list of state-required benefits in Kentucky is available through the Center for Consumer Information and Insurance Oversight. The following are a few examples of benefits that employers must provide in their insurance policies:

  • Home healthcare and hospice
  • Autism spectrum disorders
  • Hearing aids and related services
  • Colorectal cancer screenings
  • Diabetes
  • Reconstructive surgery
  • Minimum inpatient post-delivery care for mothers and their newly born children
  • Emergency medical conditions and emergency department services

The self-insurance exception

U.S. federal law prohibits states from regulating self-insured benefit plans. Thus, the mandated benefits and continuation and conversion provisions in Kentucky do not apply to any health insurance plan in which the employer pays for all of the benefits without the proceeds of an insurance policy.

An employer’s health plan is classified as self-insured if the risk of paying out claims is on the employer rather than the insurance provider. These plans can be contracted with third-party administrators — which can include insurance companies — to actually process the benefit claims. The third-party administrator then pays the claim before the employer provides reimbursement.

In many cases, self-insured plans involve coverage called “stop-loss” insurance, which covers particularly large claims. The purchase of this coverage does not lead to losing self-insured status and the exemption from state regulations.

Affordable Care Act

Finally, the enactment of the Affordable Care Act mandated the development of healthcare exchanges that provide individuals and small businesses with realistically affordable access to insurance coverage. Each state has some flexibility with creating exchanges that best meet their needs while still fulfilling the regulatory and statutory standards of the ACA. Kentucky’s exchange is the Kentucky Health Benefit Exchange.

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; [email protected]; 513.797.2850.