News

United Way Knox County COVID-19 Response Fund

7/20/2020

A fundraising campaign to support local non-profits providing essential services for those affected by the COVID-19 crisis.

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Cityview Magazine's 2020 Top Attorneys of Knoxville

7/13/2020

We are excited to announce that eighteen of our attorneys have been named by Cityview Magazine as Top Attorneys in Knoxville for 2020. Eighteen of our attorneys received thirty-eight recognitions across twenty-seven categories

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US Supreme Court Rules in Favor of LGBT Employment Rights

6/19/2020

The Supreme Court of the United States issued a landmark opinion on Monday, June 15, 2020, holding that Title VII of the Civil Rights Act of 1964 prohibits an employer from firing an individual based on homosexual or transgender status. The decision involves three cases, consolidated as Bostock v. Clayton County, where an employer allegedly fired an employee for being homosexual or transgender. In response, the employee sued, alleging sex discrimination under Title VII of the Civil Rights Act of 1964.

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Jim Gore to Present on KBA Webinar for Landlord-Tenant Law Related to COVID-19

5/28/2020

Jim Gore will be a presenting panel member speaking on Landlord-Tenant Law and the implications of COVID-19 and the CARES Act as part of “A Discussion About Landlord-Tenant Law,” a virtual webinar sponsored by the Knoxville Bar Association on June 24, 2020.

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KM Newsletter: Spring 2020

6/12/2020

Includes: The IRS Provides More Flexibility for Cafeteria Plans, Paycheck Protection Program Flexibility Act of 2020, Wealth Transfers Planning During the COVID-19 Crisis, and more.

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Kathy Aslinger to Present on SECURE Act for TSCPA

6/8/2020

On June 15, 2020, Kathy D. Aslinger, Esq. will be presenting at the Tennessee Society of CPAs’ Employee Benefit Plans Conference. The conference livestream is available for members and non-members alike. Registration for the livestream can be found here.

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The IRS Provides More Flexibility for Cafeteria Plans

6/5/2020

On May 12, 2020, the Internal Revenue Service released IRS Notices 2020-29 and 2020-33 creating more flexibility in cafeteria plan to address concerns raised by employers and employees stemming from COVID-19.

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Paycheck Protection Program Flexibility Act of 2020

6/5/2020

On Wednesday, June 3, 2020, Congress passed the Paycheck Protection Program Flexibility Act of 2020 (the “Act”). The Act was meant to make the provisions of the Paycheck Protection Program (the “PPP”) more lenient to allow recipients to take full advantage of the forgiveness provisions and to defer taxes.

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Wealth Transfer Planning During the COVID-19 Crisis

6/5/2020

The COVID-19 pandemic has caused massive disruption in our relationships and lifestyles. Millions are out of work and a number of businesses will not weather the storm. Going to the office, hanging out with friends, celebrating with family—all curtailed as public health professionals and public officials battle the scourge. The equity markets are also roiled by the dislocations and uncertainties resulting from the COVID-19 crisis. Values in stock portfolios are subject to wild fluctuation, interest rates are at historical lows, and all this as a backdrop to what will certainly become political discord on tax policy. Although many feel helpless, or wonder what can be done, these unfortunate events do create opportunities for wealth transfer planning.

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Ashley Trotto to Present Webinar for ETCBA on SECURE Act, CARES Act, and FFCRA

5/29/2020

Ashley Trotto will be presenting on a webinar for the East Tennessee Compensation and Benefits Association (ETCBA) on Tuesday, June 2, 2020.

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The Good Faith Necessity Certification Requirement under the CARES Act and Paycheck Protection Program: A Borrower's Update

5/19/2020

For the past few weeks, many small businesses that received loans under the Paycheck Protection Program (“PPP”) have wrestled with the decision of whether to keep the money or give it back after confusing guidance from the Treasury Department and the Small Business Association (“SBA”) raised questions about the good faith necessity certification. Much to their relief, new guidance released May 13, 2020 provides a certification safe harbor for businesses receiving loans under $2 million.

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COVID-19 Special Edition #4

4/24/2020

How to Get Your Paycheck Protection Program Loan Forgiven: A FAQ Guide for Small Businesses and Self-Employed Individuals; Are COVID-19 Business Losses Covered by Insurance?

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How To Get Your Paycheck Protection Program Loan Forgiven: An FAQ Guide for Small Businesses and Self-Employed Individuals

4/23/2020

So now that you have received your PPP loan, how do you ensure that you take the correct steps to have that loan forgiven? What are other issues that you should be concerned about? Below you will find a series of questions and answers Kennerly Montgomery has prepared regarding the necessary steps to help small businesses stay “healthy” during these rather unhealthy times.

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TN Court of Appeals: Premises Liability - Who is exercising control?

4/20/2020

The Court of Appeals issued an opinion in Jones v. Earth Fare, Inc., a Knox County premises liability case, on Wednesday, April 15, 2020, which shows how good deeds don’t go unpunished. If you own or lease commercial real estate, this opinion might affect any future liability in insurance/injury litigation you may have.

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Are COVID-19 Business Losses Covered By Insurance?

4/14/2020

There is no question that the COVID-19 pandemic has adversely affected the American economy, and that businesses had little time to prepare and react. Many business owners have questions regarding whether their existing insurance policies provide coverage for losses associated with this crisis. The short answer? “Maybe.”

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CARES Act: Small Business Loans

4/13/2020

On Friday, March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) became law. Given the harsh impact that mandated closures and reduced business opportunities created by the COVID-19 pandemic, the CARES Act provides aid to small businesses struggling to cope with the economic uncertainty of the pandemic in the form of loans and grants through the Small Business Administration (“SBA”).

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COVID-19 Special Edition #3

4/13/2020

CARES Act: Small Business Loans, We've Got Your Six (Reasons for Paid Sick Leave Under the FFCRA) Covered

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We've Got Your Six (Reasons for Paid Sick Leave Under the FFCRA) Covered.

4/10/2020

The DOL has issued some much-needed guidance on applying the six qualifying reasons for paid sick leave under the Families First Coronavirus Response Act (“Act”). We’ve summarized the six qualifying reasons, including the new guidance, below.

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COVID-19 Special Edition #2

3/27/2020

CARES Act Provides Early Access to Retirement Funds and Other Retirement Plan Relief Due to COVID-19, DOL Provides Limited Guidance on New FFCRA

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CARES Act Provides Early Access to Retirement Funds and Other Retirement Plan Relief

3/27/2020

The much-awaited phase three of coronavirus-related legislation passed the House and was signed into law the afternoon of March 27, 2020. Known as the Coronavirus, Aid, Relief and Economic Security (“CARES”) Act, the almost 1,000-page stimulus package contains several provisions impacting retirement plan access and operation.

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DOL Provides Limited Guidance on New Families First Coronavirus Response Act

3/26/2020

Although formal regulations will not be released until sometime in April, the DOL issued some guidance this week in the form of frequently asked questions (“FAQs”), providing answers to at least some of the questions arising from the Families First Coronavirus Response Act (“FFCRA”) passed last week.

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A Summary of the Family First Coronavirus Response Act for Employers and Employees

3/20/2020

On March 19, phase two, the Families First Coronavirus Response Act (the “Act”), was signed into law. Of the chief inclusions, Congress made testing for the coronavirus free without deductibles or copayments under group health plans and governmental insurance programs, and it also provided waivers for certain programs relating to school lunch programs and SNAP benefits. However, the most important codifications for both employers and employees are the introduction of mandatory paid sick leave and an emergency expansion of the Family and Medical Leave Act (“FMLA”).

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COVID-19 Special Edition

3/20/2020

A Summary of the Family First Coronavirus Response Act for Employers and Employees

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Leave Policy Review: Coronavirus (COVID-19)

3/12/2020

Here are six points you need to consider in reviewing your sick, annual, PTO, or unpaid leave policies as COVID-19 continues to spread.

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The SECURE Act: A (Very) Brief Introduction

1/23/2020

On December 20, 2019, President Trump signed the SECURE Act into law. The following is a brief overview of some of the key changes as they relate to retirement plan administration.

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New Concealed Carry Law Eases Access to Handguns

1/23/2020

As of January 1, 2020, Tennessee citizens will find it easier to obtain a concealed carry permit for a handgun. This law differentiates between the current, older permit law, now known as the “enhanced handgun carry permit,” and the new, more limited permit, referred to as a “concealed handgun carry permit.”

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501(c)(3) Tax-Exempt Organizations and Lobbying Revisited: Grassroots Lobbying

1/23/2020

“Direct Lobbying” refers to communications with legislators or legislative staff members that specifies and expresses a view on a particular piece of legislation. Another type of lobbying, Grassroots Lobbying, is also governed by general rules under Internal Revenue Code § 4911.

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Reminders That Planning Requires Attention to Details

1/23/2020

Two recent cases in probate law highlight the importance of thorough planning. Clients of Kennerly, Montgomery & Finley benefited from both cases and current and future clients should note the lessons to be learned.

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FLSA Update

1/23/2020

The updated Fair Labor Standards Act’s long-awaited final overtime rule went into effect on January 1, 2020.

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KM Newsletter: Winter 2020

1/28/2020

Includes: SECURE Act, FLSA Update, Estate Planning Updates, and a quick glance at the new concealed carry law for Tennessee.

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Legal Tip: 2020 Dating

1/23/2020

One small way to protect yourself and your business this year is by writing “2020” when dating all checks, contracts, and other official documents instead of the common shorthand method of “20.”

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The Big Give: Knoxville

11/27/2019

On December 3, 2019, following the Black Friday-Cyber Monday madness, the United Way of Greater Knoxville has organized a community event called The Big Give: Knoxville to celebrate Giving Tuesday.

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Michael Crowder to Present at the 2019 Probate and Estate Planning Conference

11/19/2019

Michael R. Crowder will be presenting on the topic "Income Tax Planning with Trusts" at the 2019 Probate and Estate Planning Conference for Tennessee Attorneys.

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Kathy Aslinger to Present at NBI: Tennessee Employment Law Seminar

11/19/2019

Kathy D. Aslinger will be presenting at the National Business Institute's seminar on Tennessee Employment Law, specifically breaking down the intricacies of the Family Medical Leave Act.

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New IRS Retirement Plan Limits for 2020

11/8/2019

The Internal Revenue Service just announced the new (increased) retirement plan limits for 2020. If you have questions about these adjustments or the application of the limits generally, please contact Kathy Aslinger or Ashley Trotto at (865) 546-7311.

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The Complexities of the Statute of Repose in Construction and Related Litigation

11/8/2019

Perhaps one of the most critical issues to parties involved in—or threatened with— construction litigation is timing. As a plaintiff, failure to bring your claim within the required time limit can bar your claim.

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Three KMF Attorneys Recognized by Super Lawyers for 2019

11/7/2019

We are excited to announce that three KMF attorneys have been recognized by Super Lawyers as a Top Rated attorney in the Knoxville area. This designation is only applied to 5% of all attorneys within any given state.

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Tennessee's Marital Asset Protection ("MAP") Trust

11/7/2019

Tennessee Code Annotated § 35-15-510 enables married clients to transfer property to a joint trust—the Marital Asset Protection Trust (MAP Trust)—and obtain the same asset protection as property held as tenancy by the entirety. This was previously unavailable with the use of revocable trusts.

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Clarifying the Tennessee Public Records Act

11/6/2019

Looking into the Recent Scripps Media, Inc. Case

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The IRS Updated 401(k) Hardship Regulations

11/5/2019

Here's what you need to know.

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KMF Recognized as a U.S. News and World Report Best Lawyers® "Best Law Firm" for 2020

11/1/2019

We are excited to announce that Kennerly, Montgomery, and Finley has been recognized once more as one of U.S. New & World Report's Best Lawyers® Best Law Firms in the Knoxville Metropolitan Area for 2020. We appear on the list in Tier 1, Tier 2, or Tier 3 for six practice areas.

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KM Newsletter: Fall 2019

11/1/2019

Articles in this newsletter include: New IRS 401(k) Hardship Distributions Updates, Tennessee Public Records Act Update, an explanation of the Tennessee MAP Trust, and about the Statute of Repose in Construction Litigation.

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Elijah Lovingfoss joins Kennerly, Montgomery & Finley

10/7/2019

We are pleased to announce that, after clerking with us for the last nine months, Elijah C. Lovingfoss has joined Kennerly Montgomery as an associate.

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Seven KM Lawyers Included in The Best Lawyers in America ©

8/15/2019

Here at Kennerly Montgomery, we are excited to announce that seven of our attorneys have been selected by their peers for inclusion in The Best Lawyers in America ©.

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Recent Changes to Trust and Estate Laws in Tennessee

7/30/2019

In May, Governor Lee signed two new bills which made several changes to Tennessee law in the areas of wills, estates, and trusts. Some key changes are outlined in this article.

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KM Newsletter: Summer 2019

7/29/2019

Articles in the Summer 2019 newsletter include: Recent Updates to Tennessee Estate, Trust, and Will Law; a recap of our seminar on FLSA updates; and a spotlight on Jason E. Legg.

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Taxpayer Advocacy Panel

7/10/2019

For the last three years, William E. Mason—a shareholder and member of Kennerly Montgomery’s Employee Benefits and Tax-Exempt Organizations practice areas—has voluntarily served on the Internal Revenue Service’s (IRS) Taxpayer Advocacy Panel (TAP). This panel consists of six different committees that work with the IRS to “listen to taxpayers, identify issues, and make suggestions for improving IRS service and satisfaction.”

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Seven Years of Christenberry Kids

7/2/2019

On Friday, June 21st, we held our annual in-firm ice cream social fundraiser to gear up for the seventh school year of our partnership with the kindergarten class at Christenberry Elementary in north Knoxville.

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Is Tennessee's Income Taxation of Trusts Constitutional?

6/24/2019

On Friday, the United States Supreme Court unanimously ruled that North Carolina's tax on trust income attributable to contingent beneficiaries is unconstitutional on due process grounds. What does that mean for Tennessee which has the same law?

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Marshall Peterson Presents at the American College of Trust & Estate Counsel (ACTEC)

4/22/2019

Marshall Peterson will present at The American College of Trust & Estate Counsel (ACTEC) Southern Region meeting in Memphis, Tennessee on April 26-28.

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City View Magazine Top Attorneys 2018

7/23/2018

We are pleased to acknowledge that TEN of our Attorneys are among the 2018 City View Top Attorney winners.

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KM Newsletter: Summer 2018

6/21/2018

Articles in this Summer 2018 Newsletter include: Supreme Court Ruling in Masterpiece Cakeshop, Ltd. v Colorado Civil Rights Commission; The Employer Mandate; Beneficiary Designation; Attorney Spotlight: Kathy D. Aslinger;

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KM Newsletter: Spring 2018

3/28/2018

Articles in the Spring 2018 Edition of the KM Newsletter include: Tax Reform and Plan Loans; Overview of the New Tax Deduction for Pass-Through Business Owners; Impact of the Tax Cut and Jobs Act on Nonprofits and Tax-Exempt Entities; KM Welcomes Attorney Marshall Peterson

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Toby Carpenter Presents at NBI Seminar "Auto Injury Litigation From Start to Finish"

3/19/2018

On May 23, 2018, Toby Carpenter will present at the National Business Institute seminar entitled "Auto Injury Litigation From Start to Finish." Click above for more information

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KM Newsletter: Winter 2017

11/6/2017

Articles in this edition include: In the Eyes of The Law, Actions Sometimes Speak Louder Than Words; Attorney Spotlight: Zack R. Gardner; Remote Workers 101: The Need for a Written Policy; Tax Reform through Tax Simplification

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KM Newsletter: Fall 2017

9/19/2017

Articles in this edition include: Employee Training Programs; The Results Are In! City View 2017 Tennessee Top Attorneys; What is Planned Giving?; Attorney Spotlight: Briton Collins; Avoiding Employee Benefit Plan Surprises in Mergers and Acquisitions; ACA Reporting 2017: Are You Ready?

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Michael Crowder Presents at NBI Seminar: The Probate Process From Start to Finish

7/31/2017

On August 4th, Michael Crowder presented at the National Business Institute Seminar: The Probate Process From Start to Finish. Click above for full details.

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Toby Carpenter presents Advanced Uninsured / Underinsured Motorist Law Seminar

7/18/2017

On July 28, Toby Carpenter presented at the National Business Institute Seminar entitled "Advanced Uninsured/Underinsured Motorist Law." Click above for more information.

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Kathy Aslinger, Bill Mason, and Ashley Trotto included in 2017 Tennessee Top Attorneys in Employee Benefits / ERISA - Defense by City View Magazine

7/17/2017

Kathy Aslinger, Bill Mason, and Ashley Trotto were selected to be included in the 2017 Tennessee Top Attorneys in the practice area of Employee Benefits/ERISA - Defense by City View Magazine. Click above to view the magazine and the complete listing.

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KM Newsletter: Summer 2017

6/12/2017

Articles in the Summer 2017 edition of the KM Newsletter include: Christenberry Kids Reading Program; Is Your Company Part of a Control Group or Affiliated Service Group?; Rollovers as Business Startups (ROBS) Viable Funding Option or Terrible Retirement Plan?; President Trump's Tax Reform Proposal: An Overview; Recent Changes to Estate Planning & Probate Laws

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KM Newsletter: Spring 2017

3/28/2017

Articles in the Spring 2017 edition of the KM Newsletter include: Employee Handbooks - Acknowledgment of Receipt; IRS Taxpayer Advocacy Panel Seeks Suggestions on Improving Forms and Publications; Protecting Assets from Creditors via the “TIS Trust”; Board Member Responsibilities for Executive Compensation in Nonprofit Corporations; KM in the Community - CASA of East Tennessee; Hot Topics - Employee Handbook Edition

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The Results Are In! City View Magazine Top Attorneys 2016 and U.S. News Best Lawyers in America 2017

12/13/2016

KM Attorneys received recognition in two recent polls, City View Magazine Top Attorneys 2016 and U.S. News Best Lawyers in America 2017. Our lawyers are humbled and honored to have been recognized for their accomplishments. To learn more about each award and the respective attorney so honored, please click link above for full details.

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KM Newsletter: Fall 2016

12/12/2016

Articles in the Fall 2016 edition of the KM Newsletter include: Looking at Covenants Not to Compete and Input from the White House; KM Celebrates 100 Years; Are Employer Health Plans Required to Offer Gender Transition Coverage?; Charitable Organizations Lessening the Burdens of Government; Remain Qualified for Government Benefits Using Self-Settled Special Needs Trusts; The Results Are In!

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Michael Crowder gives presentation on “Using Irrevocable Trusts to Qualify for Medicaid and VA Benefits"

11/18/2016

On December 6, Michael Crowder gave a presentation for the National Business Institute entitled “Using Irrevocable Trusts to Qualify for Medicaid and VA Benefits” as a part of their Protecting Assets While Qualifying for Medicaid program. Click above for more information.

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Michael Crowder presents on Medicaid Estate Recovery Rules, Remedies and Appeals

8/9/2016

On August 6th Michael Crowder gave a presentation on Medicaid Estate Recovery Rules, Remedies and Appeals at a seminar hosted by the National Business Institute. Click above for more information.

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KM Newsletter: Summer 2016

6/27/2016

Articles in the Summer 2016 edition of the KM Newsletter include: What was new in 1916? KM Celebrates 100 Years; 501(c)(3) Tax-Exempt Organizations and Lobbying; Dave & Busters under Fire for Cutting Hours to Avoid ACA Compliance; ABLE Accounts; IRS Taxpayer Bill of Rights - Taxpayer Advocacy; What a Difference Attorneys' Fees Make!

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Michael Kelley presented seminar on Legal Issues Involving Local Governments

5/13/2016

Michael Kelley presented at the May 18th seminar “Legal Issues Involving Local Governments” hosted by the National Business Institute. Click above for more information.

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Michael Crowder presented "Social Security Retirement Benefits: Looking at the Big Picture to Benefit Your Client"

5/12/2016

On May 26 Michael Crowder presented a live webinar on Social Security Retirement Benefits. Click above for more information or to register.

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Bill Mason Selected for IRS Taxpayer Advocacy Panel

3/29/2016

Bill Mason was recently selected by the U.S. Treasury Department to serve a three-year term on the nationwide Taxpayer Advocacy Panel (TAP). Panel members listen to taxpayers, identify issues and make suggestions for improving Internal Revenue Service (IRS) service and customer satisfaction. Click above for more information.

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KM Newsletter: Spring 2016

3/25/2016

Articles in the Spring 2016 edition of the KM Newsletter include: KM Celebrates 100 Years; Business Held Liable for Third Party Criminal Acts; New Law Brings More Clarity and Flexibility to Church Plans; Tennessee For-Profit Benefit Corporation Act; Estate Planning to Avoid Probate; and Reimbursement of Employee Expenses

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Ashley Trotto Speaks at Tennessee School Boards Association

3/18/2016

On March 18, 2016, Ashley Trotto spoke at the Tennessee School Boards Association about the application of the Affordable Care Act’s employer mandate to Tennessee schools.

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KM Newsletter: Winter 2016

1/19/2016

Articles in the Winter 2016 edition of the KM Newsletter include: A court case of interest to property owners; Recent changes to the FLSA; Information on Medicare from our Estate Planning Department; Upcoming seminars

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Proposed Rules on Faith-Based Social Services

11/10/2015

Nine federal agencies recently proposed rules that aim to clarify the rights and responsibilities of faith-based and community social service organizations receiving Federal funds. In this month’s KM Church Law Newsletter, Michael R. Crowder discusses the substance of these proposed rules, the background behind the rules, and any recent developments.

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Alex Taylor presents seminar on “Veterans Benefits for Long Term Care Services"

10/12/2015

The day-long seminar was hosted by the National Business Institute and was entitled “Planning for Long-Term Care.” Click above for more information.

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Registering Trade and Service Marks in Tennessee: A Brief How-to Filing Guide

8/11/2015

Trademarks are important to protecting and preserving the brands and reputations of businesses ranging from small start-ups to established multinational companies. State and federal trademark registration help protect marks by providing statutory protections on top of established common law rights. In this article, Zack R. Gardner and Prof. Brian Krumm (University of Tennessee College of Law) briefly discuss trademarks and provide a how-to practitioners guide to state and federal trademark registration.

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Kathy Aslinger & Bill Mason included in 2015 Tennessee Top Attorneys in Employee Benefits / ERISA - Defense by City View Magazine

7/29/2015

Kathy Aslinger and Bill Mason were selected to be included in the 2015 Tennessee Top Attorneys in the practice area of Employee Benefits/ERISA - Defense by City View Magazine. Click above to view the magazine and the complete listing.

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Michael Crowder speaks about Social Security retirement benefits at Kingsport Bar Association & webinar for Tennessee Attorney Memo

7/22/2015

For many individuals, delaying Social Security retirement benefits can be advantageous. Factors such as spousal benefits, taxes, and working during retirement may impact an individual’s decision so it’s important to advise your clients so they understand how Social Security retirement benefits play into their retirement and estate plans. Click above for details on these programs.

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KM Law Clerk Casey Duhart Receives National Scholarship & Becomes Editor-in-Chief of Tennessee Law Review

7/13/2015

KM would like to congratulate our Law Clerk and University of Tennessee College of Law student, Casey Duhart. Click above for more information.

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What The NLRB Thinks About Your Employee Handbook

6/24/2015

The National Labor Relations Board’s General Counsel recently released important guidance on employee handbook provisions that have been found unlawful. Ben D. Cunningham’s memo discusses the General Counsel’s guidance and its implications for all private employers.

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An Introduction to the Ministerial Exception

6/12/2015

The ministerial exception prevents the application of anti-discrimination laws to the employment relationship between religious institutions and their ministerial employees. In this month’s KM Church Law Newsletter, Michael R. Crowder and Zack R. Gardner discuss generally the background behind the ministerial exception, recent developments to the doctrine, and the ambiguities that still exist.

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Alex Taylor presents interactive webinar "Qualifying for TennCare and VA Benefits: Use of Irrevocable Trusts"

6/9/2015

As an attorney, you need to know how to place your client's assets into a properly drafted irrevocable trust, thereby minimizing loss of control while maximizing future eligibility for TennCare and VA benefits. Click to read more...

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Ministerial Housing Allowance: A Brief Overview

5/18/2015

Federal law allows members of the clergy to exclude a “ministerial housing allowance” from income for federal income tax purposes. In this month’s KM Church Law Newsletter, Zack R. Gardner discusses generally what constitutes a “ministerial housing allowance”, who may take the allowance, and the rules governing when the allowance may be taken.

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Retirement Plan Options for Tax-Exempt Organizations: QLACs

4/13/2015

Recent IRS regulations provide longevity protection by allowing individuals to defer required minimum distributions from certain qualified retirement plans past age 70 1/2. This article by Michael Crowder discusses QLACs.

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Ashley Trotto speaks at Knoxville Bar Association on “Keeping Up with Healthcare Reform”

4/3/2015

On April 9, 2015, Ashley Trotto spoke at the Knoxville Bar Association seminar entitled “Keeping Up with Healthcare Reform” on issues related to the Affordable Care Act.

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Churches and the FMLA’s New Definition of “Spouse”

4/2/2015

The Department of Labor recently published a new rule under the Family Medical Leave Act amending the definition of “spouse” for FMLA purposes. Michael R. Crowder and Zack R. Gardner discuss the new rule and its implications for Churches and Church-related organizations in this month’s KM Church Law Newsletter.

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Social Security for Married Couples

3/25/2015

We have recently been learning some new things here at Kennerly Montgomery regarding estate planning and retirement planning. Please find attached our Estate Planning Newsletter. This particular edition focuses on optimizing Social Security benefits for married couples.

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Ashley Trotto presents webcast about Affordable Care Act’s Employer Mandate

3/24/2015

On March 24, 2015, Ashley Trotto presented a live webcast for the Tennessee Bar Association in Nashville on “hot topic” issues related to the Affordable Care Act’s Employer Mandate.

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Alex Taylor speaks on “Using Trusts to Protect the Residents from Medicaid Claims and to Qualify for Veteran’s Benefits”

3/9/2015

On March 26, 2015, Mr. Taylor spoke at the National Business Institute seminar entitled “TennCare: Beyond the Basics”.

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COBRA Continuation Coverage: Incapacity Exception for Premium Payments

3/6/2015

"What is COBRA continuation coverage, and who pays for it?" and other questions will be answered in this article.

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Ben Cunningham speaks at the UT chapter of the Collegiate Entrepreneurs' Organization in Knoxville

2/25/2015

Ben Cunningham spoke at the University of Tennessee chapter of the Collegiate Entrepreneurs' Organization in Knoxville, which is an on-campus group that strives to encourage the entrepreneurial spirit at UT through weekly meetings with entrepreneurs from the community. Ben spoke to them about common issues which start-up businesses and entrepreneurs face. This included a broad range of topics from limited liability entities to intellectual property.

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Robert Green included in 2015 Best Lawyers in America & Lawyer of the Year in Knoxville in Construction Law

2/6/2015

Robert Green was selected to be included in the 2015 Best Lawyers in America in the practice area of Construction Law and additionally was named the Best Lawyer of the Year in Knoxville in Construction Law.

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Jack Tallent included in 2015 Best Lawyers in America

2/5/2015

Jack Tallent was selected to be included in the 2015 Best Lawyers in America in the practice area of Litigation – Construction. He has been selected for this designation for more than 5 years.

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Public Chapter 995 - Tennessee Human Rights Act (“THRA”)

2/5/2015

Effective July 1, 2014, Public Chapter 995 amends several of Tennessee’s existing employment statutes to bring them in line with their related federal counterpart. Specifically, the Tennessee Human Rights Act (“THRA”) has been amended to remove liability for individual supervisors or agents for claims against the employer.

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The Supreme Court’s Decision Overturning Yard-Man

1/26/2015

On January 26, 2015, the Supreme Court of the United States rejected the rule established by the Sixth Circuit in International Union, United Auto., Aerospace, & Agricultural Implement Workers of Am. v. Yard-Man, Inc., 716 F.2d 1476 (1983). In M & G Polymers USA, LLC v. Tackett, the Court rejected the Sixth Circuit’s inferences concluding that (i) if a benefit plan’s provisions were silent as to termination, then those benefits were to vest for life and (ii) provisions were “illusory” if they benefit one class while not benefiting another...

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Certificate of Employability

1/26/2015

Tennessee’s general assembly passed a new statute allowing convicted criminals to apply for a certificate of employability and providing protection to employers who hire employees who have received a certificate of employability. Ben Cunningham’s memo, attached, discusses the new statute.

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Toby Carpenter participated in a mock jury trial presentation

1/7/2015

On January 7, 2015, Toby Carpenter participated in a mock jury trial presentation at the invitation of Wheels Insurance, Ltd., a Captive Resources company that consists of transportation companies across the country. The mock trial was based on an actual wrongful death lawsuit regarding a truck accident, and it was presented to a risk control workshop attended by owners and managers. The format allowed the audience to ask questions during the trial, and participate as jurors.

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Michael Crowder joins Kennerly Montgomery

8/1/2014

KMF is pleased to announce that Michael Crowder joined Kennerly Montgomery as an associate. He works primarily in the firm’s employee benefits and business & corporate law practices. Michael graduated from the University of Tennessee, College of Law with a concentration in Business Transactions in 2014 and also earned a Bachelor of Arts in Religious Studies from Princeton University in 2011.

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DOL Notice of Proposed Rulemaking: Changes to the FMLA Definition of “Spouse”

7/22/2014

In the wake of the United States v. Windsor decision striking down Section 3 of the Defense of Marriage Act (DOMA), the Department of Labor (DOL), on June 26 2013, revised the definition of spouse for FMLA purposes to include same-sex spouses legally married and residing within a state that recognizes same-sex marriages.

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Zack Gardner joins Kennerly Montgomery

7/15/2014

We are pleased to announce that Zackarij R. Gardner has joined Kennerly Montgomery as an associate. Zack graduated from the University of Tennessee College of Law with a Concentration in Business Transactions in 2013. He joins Bill Mason, Jonathan H. Peyton, and Brittany Brent Smith in the Firm’s Intellectual Property and Technology Transfer & Commercialization practice and is also joining the Firm’s Business & Corporate Law practice. In addition to his work as an associate, Zack serves on the KBA’s Minorities Opportunities Committee.

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Affordable Care Act Update

7/10/2014

Final Regulations Published on the 90-Day Waiting Period Limitation

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Aslinger Inducted with 2014 Knoxville Bar Foundation Fellows Class

5/29/2014

KMF Shareholder Kathy D. Aslinger was inducted in the Knoxville Bar Foundation as part of its twelve-member 2014 Fellows Class. The Fellows represent quality men and women practitioners in our community who have distinguished themselves in the practice of law and service to our community.

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KMF adopts Christenberry Elementary kindergarten class for book project

8/29/2014

KMF believes that reading is an integral part of a child’s education and that literacy opens doors of opportunity that no other skill provides. As such, KMF donates age appropriate books and reading supplies to an underprivileged local elementary school’s kindergarten class.

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Retirement Plan Options for Tax Exempt Entities

5/1/2014

Which plan is right for you and your employees?

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"Church Plans" and ERISA

5/1/2014

A “church plan” is generally exempt from the requirements of the Employee Retirement Income Security Act (“ERISA”) unless the plan sponsor affirmatively elects ERISA coverage.

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Ben Cunningham joins Kennerly Montgomery

1/2/2014

We are pleased to announce that Ben Cunningham has joined Kennerly Montgomery as an associate. Prior to joining Kennerly Montgomery, Mr. Cunningham served as a federal prosecutor in the Eastern District of Tennessee and practiced at a regional defense litigation firm representing employers in the areas of labor and employment law.

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Kathy Aslinger becomes Shareholder

1/1/2014

We are pleased to announce that Kathy D. Aslinger has become a shareholder of the Firm as of January 1, 2014, and will be taking a leadership role in the Firm’s employee benefits practice. Our employee benefits practice focuses on advising fiduciaries for the benefit of participants, assisting both private and governmental clients in the design, implementation and maintenance of their employee benefit plans, including 401(k), pension, cafeteria, and health plans. Kathy has been practicing law for over 15 years and has been with Kennerly Montgomery since January 2010.

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Ashley Trotto joins Kennerly, Montgomery & Finley

12/19/2013

We are pleased to announce that Ashley Trotto has joined Kennerly Montgomery as an associate. Ashley graduated Cum Laude from the University of Tennessee College of Law in May. She joins Bill Mason, Kathy Aslinger and Brittany Brent Smith in the Firm’s employee benefits practice where she will focus on health plan and ERISA issues related to the Affordable Care Act. Additionally, Ashley will continue to head the Firm’s kindergarten book project at Christenberry Elementary.

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Employee Benefits FAQs on Required Minimum Distributions

7/18/2013

What are RMDs, and when does a retirement plan participant/IRA owner begin withdrawing RMDs? How are RMD amounts calculated? What consequences do plan participants and plan sponsors face after failing to withdraw full and timely RMDs? What are the RMD rules for retirement accounts and IRAs that are inherited?

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Jack Tallent Inducted with 2013 Knoxville Bar Foundation Fellows Class

6/10/2013

The Knoxville Bar Foundation has inducted thirteen members in its 2013 Fellows Class, including KMF Shareholder, Jack M. Tallent, II.

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Michael Kelley To Argue Case Before Tennessee Supreme Court

6/7/2013

The Tennessee Supreme Court has recently granted permission to appeal in Hood v. Casey Jenkins et al., and Kennerly, Montgomery & Finley attorney Michael Kelley will argue the case this fall on behalf of the appellant insurance company.igation – Construction. He has been selected for this designation for more than 5 years.

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