Publications

Publications

Caldwell's Kentucky Form Book, Unit 6 (Remedies), Unit 8 (Commercial Law), Matthew Bender & Co., 5th Edition, 2006

"Drop-Dead Date for Local Filings," (Co-Author), Kentucky Banker Magazine, October, 2005

"Can You See Me Now? The struggle between cellular towers and NIMBY," 19 J.Nat Resources & Envtl. L., 213-234, 2005

"Security Interests in Deposit Accounts," Kentucky Banker Magazine, January, 2003

Debtor/Creditor Relations in Kentucky, University of Kentucky College of Law, 1991, 2nd ed. 2002

"Electronic Filing of Financing Statements," National Association of Retail Credit Attorneys Newsletter, 3rd Quarter, 2002

"Privacy, T.I.N.s and Revised Article 9," Kentucky Banker Magazine, August, 2002

"Perfecting and Protecting Security Interests in Agricultural Collateral," Kentucky Banker Magazine, February, 2002

"Revised Article 9 Takes Effect Across the Nation," Kentucky Banker Magazine, July, 2001

"Kentucky's New Filing Requirements For Personal Property Liens," 63 Ky. Bench & Bar 1, 1999

Civil Procedure Before Trial, (Contributing Author), University of Kentucky College of Law, 1989, 1998

"Affirmative Action: Relevant To Bankers?" Kentucky Banker Magazine, Fall, 1996

"Due Process & Punitive Damages in Kentucky," 59 Ky. Bench & Bar 2, 1995

Banking and Commercial Litigation Newsletter, (Co-Editor), American Bar Association, 1991-1993

"In re Zick: Chapter 7's Good Faith Threshold Standard," 23 U.Tol.L.Rev. 583, 1991

The Law of Distressed Real Estate, (Consulting Author), Dunay, 1989

"Partial Closings After First National Maintenance: Legal Refusals to Bargain Collectively," Ariz. St. L.J. 865, 1981

"University Faculty and the Institution of Collective Bargaining," 69 Ky. L.J. 37, 1980-1981

News

Business

[07/30] Oil falls to near $78 as global stocks drop
[07/30] Fortune Brands 2Q profit more than doubles

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Construction

[07/28] M/I Homes Reports Second Quarter Results
[07/28] Vecor Group Green Building Materials: Asian Innovation Award Finalists

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Corporate Finance

[07/29] Small business lending bill founders in Senate
[07/28] PMI Foundation Awards $50,000 Grant to Consumer Credit Counseling Service of San Francisco

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Top Headlines

[07/30] Panel hits Rangel with 13 ethics charges
[07/30] FBI access to e-mail and Web records raises fears

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Case Summaries

Banking Law

[06/24] DDJ Mgmt., LLC v. Rhone Group L.L.C.
In an action claiming that defendants presented plaintiffs with corporate financial statements that were false and misleading, the appellate division's modification of the trial court's order dismissing plaintiffs' fraud claim is reversed where: 1) when a plaintiff has taken reasonable steps to protect itself against deception, it should not be denied recovery merely because hindsight suggested that it might have been possible to detect the fraud when it occurred; and 2) plaintiffs in this action for fraud have alleged facts from which a jury could find that they were justified in relying on the representations defendants made to them.

[06/22] Jay E. Hayden Found. v. First Neighbor Bank, NA
In a RICO suit against a bank, two law firms, and affiliated individuals, grant of defendants' motion to dismiss on the ground that the complaint itself showed that plaintiffs had missed the four-year deadline governing RICO suits is affirmed as, by the summer of 2003 at the latest, the plaintiffs knew that a lawyer had looted the estate and that bank's employees were trying to prevent further investigation of the lawyer.

[06/22] Export-Import Bank of the U.S. v. Asia Pulp & Paper Co.
In an action to collect a $144 million judgment against defendants pursuant to the Federal Debt Collection Procedures Act (FDCPA), the district court's order quashing plaintiff's writs of garnishment is affirmed where an electronic funds transfer (EFT) temporarily in the possession of an intermediary bank in New York may not be garnished under the FDCPA to satisfy judgment debts owed by the originator or intended beneficiary of that EFT.

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