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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; [email protected]; 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; [email protected]; 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.

Ohio Personal Injury Law: Finney Law Firm obtains substantial settlement for dog bite victim

Author By Christopher P. FinneyPosted on
Attorney Casey Jones

Back in February, I wrote on the Ohio Dog Bite Statute (R.C. 955.28) and debunked many of the myths surrounding liability for such claims. You can read that entry here.  Recently, our litigation team was able to achieve a settlement for our client, through a dog owner’s/homeowners’ insurance policy, of more than 12 times our client’s economic damages.*

Under Ohio law, dog owners/keepers/harborers are strictly liable when their dog injures another person (with very few, limited exceptions), even if it is the dog’s first incident – i.e., there is no “one free bite.” However, in instances where the dog has demonstrated aggressive tendencies previously, a victim may also be entitled to additional, punitive damages under common law. As responsible pet owners (and as the owner/lover of two extremely sweet, but large German Shepherds myself), it is our obligation to make sure that we understand and acknowledge our dogs’ temperaments and propensities, both for the safety of others and for our own economic interests.

The consequences of a dog attack can be severe and long-lasting for the victim, both from a physical and financial perspective, as well as mentally, and even for those victims who love dogs or may even have a dog of their own.

If you have been injured by a dog and would like to discuss your options, please feel free to contact me at (513) 943-5673 or [email protected], and I would be happy to discuss the matter with you at no charge. I am also offering remote consultations to during this time to honor COVID-19 health concerns.

 

*Case values are dependent upon the unique circumstances surrounding each case and do not necessarily predict the value of any other case.

Constitutional Law: Plaintiff’s Reply Brief on Motion for Preliminary Injunction in case to open music festivals

Author By Christopher P. FinneyPosted on

I am especially proud of the drafting, mostly by Curt Hartman, in today’s Reply Brief on the Motion for Preliminary Injunction in our case to open Ohio Music Festivals: Bellwether Music Festival, LLC, et al, v. Dr. Amy Acton, et al. Even for non-attorneys, it is a great explanation of our constitutional rights to Free Speech and Equal Protection under the First and Fourteenth Amendments to the Constitution.

Read the brief here and below.

[scribd id=466727693 key=key-uPlL1v2HNuWQknf2eXmx mode=scroll]

Paycheck Protection Program: Self-Employed and Independent Contractors can now pay themselves more

Author By Rebecca L. SimpsonPosted on

 

 

 

 

 

 

Attorney Rebecca L. Simpson

New Regulations regarding changes to PPP in Flexibility Act

On Friday, June 5, the Paycheck Protection Program Flexibility Act was signed into law and significantly loosened many Paycheck Protection Program (“PPP”) rules to make it easier for small businesses to use the loans in a way that will be forgivable. Two of the major changes to the PPP in the Flexibility Act where:

  1. The loan forgiveness covered period (“Covered Period”) was extended from 8 weeks to 24 weeks, so borrowers have 24 weeks after receiving their funds to spend them
  2. The required payroll percentage was reduced from 75% to 60%, so borrowers can spend up to 40% on covered non-payroll expenses (mortgage interest, rent, utilities)

These and other changes in the PPP Flexibility Act raised many questions about the impact of the new rules on the calculation of PPP forgiveness.

In the last few days, the Small Business Administration (“SBA”) has issued three new sets of regulations announcing revisions to prior PPP SBA regulations, to make the regulations consistent with the changes in the Flexibility Act.

Major Revision Impacting Self-employed and Independent Contractors

One of the revisions announced by the SBA raises the cap on how much self-employed and independent contractors can pay themselves out of their PPP funds.

Prior to the PPP Flexibility Act and the SBA revisions to the regulations, in general the amount that self-employed and independent contractors could pay themselves out of PPP funds was capped at the lessor of:

  • 8 weeks (or 8/52) of 2019 net profit, OR
  • $15,385 per individual in total across all businesses

According to a revision issued by SBA yesterday, that cap for the 24-week Covered Period has been raised to the lessor of:

  • 2.5 months (or 2.5/12) of 2019 net profit, OR
  • $20,833 per individual in total across all businesses

This higher cap applies to those who file a Schedule C or F and who use the PPP 24-week Covered Period (rather than the 8-week Covered Period). Although the Covered Period was increased from 8 to 24 weeks in the Flexibility Act, if your PPP loan was made before June 5, 2020, you may elect to have your Covered Period be the 8-week period beginning on the date of your PPP loan. If, however, you want to take advantage of the higher cap described above, you will need to use the 24-week Covered Period.

Conclusion

As part of our new Small Business Solutions Group, we will continue to stay on top of changes that may impact your PPP loan forgiveness and we will post updates on our blog. If you need assistance maximizing the forgiveness of your PPP loan, please contact Rebecca L. Simpson at 513.797.2856.

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