Practice Areas

Corporate and Commercial Law

The FIRM routinely advises clients on day-to-day business and commercial matters. Our client base includes proprietorships, self-employed individuals, physician organizations, partnerships, private and closely held corporations, publicly owned corporations, joint venturers, limited liability companies, and professional service corporations. We provide a full and diverse array of business and commercial legal services in the areas of organization and structure, governance, ownership, insurance, sales, contracts, acquisitions, growth and expansion, employee relations, economic incentives, legislative incentives, and regulatory compliance. The litigators at VMJ&E prosecute and defend corporate and commercial claims and disputes of every description, oftentimes involving novel and/or complex issues of contractual rights and obligations and commercial damages.

Economic Development

The FIRM has many years of experience in successfully negotiating incentives with state and local governmental agencies for business and industrial clients whose growth and development plans include the expansion of existing facilities or the location and construction of new facilities at greenfield sites within the Commonwealth.

Labor and Employment Issues

The FIRM has the largest labor and employment law practice of any firm in eastern Kentucky. The Firm's services include the representation of management in union organizational matters, unfair labor practice cases, collective bargaining and labor contract administration, employee grievances and arbitration, and employee litigation before the National Labor Relations Board and in state and federal courts. We represent employers in litigation cases involving employment discrimination, wrongful discharge, wage and hour disputes, and employee benefits. The Firm is steeped in experience in the representation of employers in federal and state occupational safety and health compliance matters, both on a consultative basis and in administrative litigation before federal, state and local governmental agencies. VMJ&E has defended employers in thousands of worker's compensation administrative cases.

State Occupational Safety & Health Affairs

The FIRM is one of only a few state-wide that regularly and routinely advises industrial and manufacturing clientele on issues directly relating to Kentucky occupational safety and health laws and regulations. Its attorneys have vast experience with matters of workplace risk management, hazard identification and evaluation, abatement, both programmed and unprogrammed worksite inspections and inspection protocols, and the contest and challenge of unauthorized plant entries and OSHA safety and health citations. VMJ&E has successfully defended numerous Kentucky Labor Cabinet complaints of alleged OSHA violations before the Occupational Safety & Health Review Commission and reviewing appellate courts. On occasion, the Firm encourages clients to participate in Kentucky's voluntary consultative inspection program and counsels with industrial clients on the development of comprehensive safety and health programs.

Environmental law

The FIRM has attorneys with extensive experience in advising industrial clients on environmental permitting and compliance. We have carefully developed and continue to enjoy credibility with state regulatory officials in these matters and have negotiated favorable permits as well as resolved non-compliance issues for manufacturing, commercial and industrial firms throughout Kentucky.

Toxic Tort Litigation

The FIRM has significant experience in complex environmental and toxic tort litigation. We have successfully defended nationally-known manufacturers and their chemical products against substantial claims arising under federal environmental laws and state products liability laws alleging various and novel theories of tort recovery. Our attorneys have strong trial and appellate skills in these areas and have developed and utilized sophisticated computerized document management systems to manage the large volumes of documents typically associated with these areas of litigation.

Governmental Affairs

The FIRM regularly interacts with elected officials to assist business and industry throughout the state. Two of our members are registered lobbyists and are familiar with governmental decision-makers and the rules and procedures applicable to those decision-making processes. Our attorneys represent the business and industrial communities of Kentucky in such governmental matters as taxation, environmental compliance, transportation, economic development incentives, growth and financing alternatives and labor issues.

Banking

The FIRM can provide experienced representation in virtually any kind of corporate or personal banking transaction. Whether representing a borrower or a lender, or a company that may be acquiring, divesting, merging, consolidating or reorganizing, the attorneys of the Firm can assist clients in achieving desired banking services and objectives in an efficient and cost-effective manner. Since its inception, the Firm has counseled with borrowers and banks in the preparation of both simple and complex loan documentation and the procurement of creative financing alternatives. VMJ&E represents several banks and financial institutions and regularly provides legal guidance in the area of regulatory banking compliance as well as bankruptcy, collection and mortgage foreclosure matters.

Real Property Acquisitions and Financing

The FIRM is staffed with real estate lawyers and paraprofessionals having a broad range of experience in all aspects of real estate law. We assist and represent the interests of lenders, buyers, sellers, developers, builders, lessors, tenants and managers in residential, commercial and industrial real estate transactions and disputes. The Firm regularly prepares all manner of real estate documentation, including deeds, mortgages, leases, assignments, guaranties, loan agreements, security agreements, joint venture and partnership agreements, development and management contracts, abstracts, certifications and title insurance binders and policies. Our real estate attorneys also have extensive experience in industrial revenue bond financing, and mortgage foreclosure, ejectment and quiet title disputes.

Construction Disputes

The FIRM is experienced in meeting the legal needs of owners, design professionals and contractors in the construction industry, including both residential and commercial building projects. Our services include the preparation of all legal documents by which the relationships of the designing, constructing and financing parties are defined. VMJ&E has been involved in the resolution, by way of arbitration, mediation, or litigation, of bid disputes, design failures, construction delays, scope of work disputes, default and termination claims, materialmen and mechanics' liens, material and equipment disagreements, and labor discord.

Insurance Defense and General Litigation

The FIRM has a number of litigators with substantial experience representing clients in trial and appellate proceedings at all levels of state and federal courts throughout eastern Kentucky. We defend personal injury and wrongful death tort claims asserted against the insureds of several national insurance companies and prosecute and defend first-party actions by and against insurers on indemnity contracts and in cases of threatened extra-contract liability. Our litigation experience has included automobile liability, contract and commercial matters, products liability, employment issues, construction disputes, real property disputes, shareholder disputes, protection of business interests, trademark and service mark rights, and other disagreements which cannot be resolved informally. The Firm's litigators have significant experience in methods of alternative dispute resolution, including the processes of binding and non-binding mediation and arbitration.

Health Law and Medical Malpractice Defense

The FIRM advises and assists health care providers in responding to a rapidly changing and extremely complex legal environment. From individual physicians or multifacility hospital corporations, the Firm assists clients in a wide variety of areas, including organization, administration, financing, acquisitions, contracts, employment, medical staff relations, medical records, patient care and risk management, and the procurement of or opposition to certificates of need. We assist our clients in the identification, evaluation and resolution of issues of professional liability and the Firm's litigation practice encompasses all aspects of medical malpractice defense.

Estate Planning and Administration

Our SENIOR and most experienced attorney is active in the planning, administration and settlement of estates and trusts. The Firm represents trustees, executors, administrators, and beneficiaries, both individual and corporate, in the structuring, management and disposition of our clients' assets with a minimum of tax and administrative expense or complication. Our services include client advice and consultations, document preparation, collaboration with banking, investment and accounting advisors, tax guidance and, where necessary, court appearances.

Pro Bono Services and Community Activities

Members of the FIRM devote a significant amount of time to pro bono causes and collaborate with the staff attorneys of Northeastern Kentucky Legal Services in the provision of legal services to indigents. The Firm encourages its attorneys to assume leadership in civic and charitable functions. Partners and associates have served on the Boards of numerous community and charitable organizations, including Boyd County United Way, King's Daughters Medical Center Health Foundation, Habitat for Humanities, Highlands Museum and Discovery Center, Boyd County Public School Foundation for Children, Young Men's Christian Association, and Shelter of Hope. Attorneys also participate as volunteer leaders of area youth athletic and recreational programs.

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