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Indiana

Indiana Civil & Business Lawyer

A solo lawyer writing about consumer, probate and business related legal issues with an emphasis on Indiana. Such is the general outline but mostly it allows for me to express views on practicing law and legal issues from an Indiana solo attorney's viewpoint.

Post Frequency: 14.7/day

Last Entry: March 01, 2010 at 17:59:00

New Court of Appeals Case on Crime Victim's Statute, Mortgage Foreclosure and Fidicuiary Duty

Posted on April 24, 2008
And discovery sanctions and attorney fees and garnishment orders. At sixty-seven pages, I still have not fully digested Prime Mortgage USA, Inc. v. Nichols (PDF format) beyond recognizing that this looks like a bombshell of a case. The Court of Appeals describes the issues as follows: Issues1...

Franchising: Evaluating a Franchisor

Posted on April 23, 2008
Rush Nigut has another good franchising post, Evaluate the Strength of a Franchisor, which comments on Evaluate the Strength of Your Franchisor Before Signing On from First Prize Franchise. I, too, commend the original article to any potential franchisee...

Wilmington North Carolina Business Law and Litigation Attorney Blog

Posted on April 23, 2008
I would call Wilmington North Carolina Business Law and Litigation Attorney Blog a lawyer's blog. By that I mean the general public may not find it very useful or interesting but that attorneys should find it very interesting. At least, I did.

Non-lawyer writing on Trade Secrets

Posted on April 22, 2008
If you have read my trade secret articles and I have left you somewhat dazed and confused, then please read Intellectual Property - Trade Secrets, Copyrights and Trademarks from the Independent Inventors Blog. For a non-lawyer, he does a very good job of explaining the importance of trade secrets.

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Trade Secrets Litigation News

Posted on April 22, 2008
Tesla Motors looks like the big news of the week. At least, that is my impression from today's Google Alerts.Edmunds Inside Line's Tesla Motors Sues Fisker Over Trade Secret reports:SAN FRANCISCO ? Tesla Motors filed suit on Monday in San Mateo Superior Court...

Franchising Epiphany

Posted on April 22, 2008
Before explaining what caused the epiphany, let me explain what is an epiphany. After all, I have heard some strange uses of the word. Here is the relevant part of the definition:3. a. A sudden manifestation of the essence or meaning of something...

Yes, Yes, Yes... A Great Trade Secrets Post

Posted on April 22, 2008
Excuse the Meg Ryan/When Harry Met Sally imitation, but I read the following in Shhh?.it?s my trade secret. from Wisconsin Business Law and Litigation and could not resist:When new businesses begin hiring, they are driven clarify to extreme degrees that no employee should bring in either ideas, documents, etc from former employers to use at the new job...

The New Jersey Lawyers Blog

Posted on April 22, 2008
I mentioned this blog in a post yesterday. I wanted to give it a shout out as being a bit different from what I usually see in lawyer blogs. The blog refers to itself as "The New Jersey Lawyers Directory Blog" and does not seem attached to any particular law firm or lawyer...

Employees and the Internet

Posted on April 22, 2008
Yes, another article on the problems caused by employee access to the Internet. Years ago it was employees and e-mail, then it was employees and blogging . Perhaps with every new Internet development we will see a new article reminding employers of the dangers to their business...

Small Business Administration Resources for Small Business

Posted on April 21, 2008
For start ups or existing small businesses, the SBA has a portal page here. Too much to easily summarize, I suggest bookmarking for future study.

IRS Products for Nothing, but No Free Chicks

Posted on April 21, 2008
Thanks to David Goldman and The Florida Estate Planning Blog for pointing me to five free business products from the Internal Revenue Service. Mr. Goldman lists the products with a brief discussion, so take a look at his blog.

Why Every Business Needs a Certified Public Accountant

Posted on April 21, 2008
Warning: a bit of snarkiness or just plain being a smart Aleck follows but I am deadly serious about the underlying point.So why does a business need a CPA? Take a look at Please explain why the profits from my LLC is taxed at over 40%? and you will see Exhibit A for why a business needs an accountant (as well as a lawyer).

Article on Financing for New Business

Posted on April 21, 2008
Is there anything more troublesome to a new business than financing? I think not.I have seen some good businesses go under because they lack finance. I have seen people with good ideas unable to get them off the ground from the lack of finances. Since my interest lies in my business clients being able to get their business started and/or keep their business running, I pay attention when I see articles like New Business - Trading Equity for Cash...

Limited Liability Companies: A Very Good FAQ from New Jersey

Posted on April 21, 2008
Yes, New Jersey. The New Jersey Lawyers Blog published Limited Liability Company ? Questions and Answers. I see little disagreement with Indiana law and some common-sense answers to the questions.I thoroughly agree with this (see my post "More about do it yourself LLC Operating Agreements"):Question 5: I know that I can form an LLC online by myself...

Collections: The Limits of Indiana's Jurisdiction

Posted on April 20, 2008
There are rules for getting at defendants who live out of state in order to get a judgment but for this post I am assuming that getting paid is the issue and not getting a judgment.Indiana's civil jurisdiction ends at its border. Subpoenas, orders to appear and the like have no force outside of Indiana...

Partnership Gone Bad

Posted on April 20, 2008
Here is a situation that would give business lawyers a nightmare.Partners open one business site and then decide to open another site. One partner stays to operate the original location and the other goes out to open the new site. The partner opening the new site drains the bank account, enters into a lease, and generally increases the business' debt without any counterbalancing profit...

A Third Party Interference Case In Anderson, Indiana

Posted on April 20, 2008
The Anderson Herald Bulletin's reports on a slightly different sort of third party interference with contract. However, after reading Pepelea wants $75K from city, I am have some major questions.On the face of it this is a good case of third-party interference with a contract except for one thing...

Collections: The Debtor's Options

Posted on April 18, 2008
You get sued for money owed. What do you do next?Answering that question depends on a few things:Is the suit filed in small claims or not?Can you fight the suit?Are you working?If you are working, do you have a garnishable wage?Have you filed bankruptcy?Will the creditor accept payments?Will you be able to make your payments?Regardless of whether the case is small claims or not, you can fight the suit...

Virtual Chase Reviews Free Case Law Databases

Posted on April 18, 2008
You can find on Virtual Chase a review of free case law database. If you are fed up with West or Lexis-Nexis (or even Loislaw), I suggest reading this review. As with any lawyer, I have my worries about Shepardizing (or West Cite. I know I am showing my age here)...

Trade Secrets: Indiana Court of Appeals Issues Opinion Involving Fast Tek

Posted on April 18, 2008
The Indiana Court of Appeals issued an opinion (PDF format) on the Product Action International/Fast Tek litigation I wrote about in Non-Competition Agreement and Trade Secrets.Fast Tek appealed on the issue of the relationship between Indiana's Racketeer and Corrupt Influences (RICO) statute and Indiana's Trade Secrets statute...

Trade Secrets Litigcation: Allstate Posts Documents Online

Posted on April 17, 2008
Kansas City Business Journal pointed out a very unusual case in Allstate posts controversial documents online:"Allstate Insurance Co., besieged by lawsuits and negative attention for what plaintiffs alleged was a claims policy that short-shrifted consumers, decided to place sensitive claims documents on the company's Web site...

Beware of E-Mail Carrying Pseudo-Subpoenas

Posted on April 17, 2008
Businesses or individuals need to read Law.com's Businesses Hit With E-Mail Blast of Virus-Carrying Pseudo-Subpoenas: "Thousands of executives received e-mails on Monday purporting to be federal court subpoenas but which appear to be part of a 'phishing' scam to capture sensitive data...

Civil Suits - What Happens After Getting A Summons

Posted on April 17, 2008
Or, When Do I Go to Trial?I get asked that question too often and I thought an outline of what happens in a case as the defendant might make some good reading. I do need to say this outline applies only to cases that are not small claims cases. You have a summons and a Complaint stuck in your door or handed to you or sent by certified mail...

Trade Secret Litigation News: More on the Sam Vance Case from Florida

Posted on April 16, 2008
I noted this case originally in Trade Secrets: Today's Roundup of Litigation. Now, the Herald Tribune has more news on the case with Judge increases mining award."On March 18, 12th Judicial Circuit Court Judge Robert W. McDonald Jr. awarded exemplary damages of $39...

My Second Column Published

Posted on April 16, 2008
Take a look: The Law and You - Part Two - The Facts.

What is Going on With the Indiana Civil Rights Commission?

Posted on April 16, 2008
For several years, the Indiana Civil Rights Commission provided a low-cost, high quality and pretty much boredom free continuing legal education seminars. They have not done so in over a year. See the ICRC's Workshops, Conferences, and Continuing Legal Education page...

Valuing Intellectual Property

Posted on April 16, 2008
The Indianapolis Business Journal's Valuing Vonnegut gives us an Indiana resource for valuing intellectual property."Stating such influence in monetary terms might seem like a monumental task, but there are surely many accounting firms larger than Pelligrino?s that would have loved the job...

Court of Appeals Dismisses Battery Case Against Teacher

Posted on April 16, 2008
Generally speaking, I do not write about criminal matters unless the defendant is a business. I made an exception when I read COA: teacher within rights in striking student from The Indiana Daily Lawyer.Judges Patricia Riley and Melissa May agreed with the trial court in State of Indiana v...

Sheriff's Sales

Posted on April 15, 2008
Indiana Commercial Foreclosure Law posted Indiana Sheriff's Sales - Local Rules, Customs and Practices Control which provides some good information about sheriff's sales and links to online sources:Although the Indiana Code covers the fundamentals of the sheriff's sale process, the specific rules and procedures vary by county...

Litigation: Indiana Jurisdiction Over Out of State Companies

Posted on April 15, 2008
I chucked a post on Indiana's long-arm jurisdiction when I saw COA: Court has personal jurisdiction over CIDs in yesterday's Indiana Lawyer Daily:Indiana trial courts can assert personal jurisdiction over out-of-state companies for the purposes of enforcing an Indiana Attorney General's petition to enforce a civil investigative demand, ruled the Indiana Court of Appeals today...

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