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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

One for the Lawyers: Adam Smith, Esq. on Knowledge Management

Posted on April 14, 2008
One of my infrequent posts on knowledge management (KM) and it comes originally from the Adam Smith, Esq. Blog. The following points are from An inquiry into the economics of law firms.... "But despite the (I believe) inarguable centrality of KM to what we do, there are three enormous problems with it:"Too many lawyers don't understand why it's of value to them, or, more precisely, why the return they could get out of it would exceed the investment they'd have to put into it...

Employment Law: Employment Discrimination in Indiana

Posted on April 14, 2008
You think you have been discriminated against because of your race, sex, ethnicity, national origin, religion or disability. What you need to do next is contact the Indiana Civil Rights Commission.Before the case can go to court, the case must first clear the administrative agency charged with investigating these claims...

Collections Law: Judgment Proof - What is it?

Posted on April 14, 2008
Judgment proof means no one can get a debt paid through legal process.Forget about blood from stones. Someone is judgment proof when they lack a garnishable wage, and no non-exempt property. This category includes many who think of themselves as "stones"...

New Rule Proposed ommercial Driver's License Testing

Posted on April 14, 2008
See FR Doc E8-7070, "Commercial Driver's License Testing and Commercial Learner's Permit Standards; Proposed Rule" for the details on commenting to the proposed rule. Remember anyone can comment if they follow the procedure.

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The FMLA and Indiana

Posted on April 13, 2008
I was asked a while back if in Indiana is it mandatory for an employer to pay employee while offon medical leave through the Family Medical Leave Act (FMLA).First, the FMLA is a federal law. Which means that it does not matter what the state law law is unless the state law provides more protection than the federal law...

Indiana Commercial Foreclosure Law Blog on Sheriff?s Sales

Posted on April 13, 2008
A shoutout to Indiana Commercial Foreclosure Law Blog and for its post, Sheriff?s Sales Of Separate Tracts: Principal?s Real Estate First, Surety?s Second:The Keesling v. T.E.K. Partners case has produced a second appellate court opinion. I wrote about Keesling I on March 23, 2007...

Thoughts on Business Litigation and Attorney Fees

Posted on April 11, 2008
I had a rather unpleasant conversation with a now former client this morning. Looking back at the conversation as charitably as possible, I am again surprised by how some business clients do not realize that lawyers also are running a business. When a client does not pay on time or not at all, this affects service to all clients...

Copyfight

Posted on April 11, 2008
An interesting blog that goes a bit beyond the usual copyright blog, Copyfight : Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it...

Startups and Trademarks

Posted on April 11, 2008
Dilution by Blurring's Acquiring a Trademark addresses a subject that needs considering when buying and selling an existing business. The article identifies the following trademark issues as what buyers need to think about before buying a business:"First, business owners should be aware of what marks they are actually buying...

Consumer: The FTC Funeral Rule and Funeral Consumers Alliance

Posted on April 10, 2008
The Funeral Consumers Alliance site has information The FTC Funeral Rule. This is something every consumer ought to read. Why? The FCA says it quite well: "The Funeral Rule, enforced by the FTC, makes it possible for you to choose only those goods and services you want or need and to pay only for those you select, whether you are making arrangements when a death occurs or in advance...

Who Owns Intellectual Property?

Posted on April 10, 2008
Who Owns Intellectual Property? from HBS Working Knowledge has some things to say both to lawyers and businesspeople."Turning to the Internet itself, and particularly to content-sharing sites, the matter of ownership is challenged in a different way. Content produced by news media as well as individuals acting as professionals or amateurs is being copied, spliced, and represented essentially as something so new and unique that it is often downloaded by hundreds of thousands of viewers who might not have watched the original material...

Trade Secrets and Copyrights: Online Resources

Posted on April 10, 2008
I must admit to copying all of Trade Secrets Blog 's Patents,Copyrights, Trademarks, Trade Secrets - Pierce Law Center ... here (by the way, there were no live links in the original):Patents, Copyrights, Trademarks, Trade Secrets - Pierce Law Center ...

My Anderson Free Press Column

Posted on April 10, 2008
I am writing a column for The Anderson Free Press. You can find the first installment here.

Online Resources - The Public Library of Law

Posted on April 09, 2008
No, I have not time to really check out The Public Library of Law but I want to note it for the lawyers reading me and for the general public. "Searching the Web is easy. Why should searching the law be any different? That's why Fastcase has created the Public Library of Law -- to make it easy to find the law online...

Online Resources: ADAWatch.org

Posted on April 09, 2008
What I think of the federal Americans with Disabilities Act will probably disappoint everyone. That I think the ADA serves a good purpose will annoy employers. That I also think that the ADA does little to help those facing employment discrimination will upset its advocates...

News on New Federal Whistleblower Law from The Project On Government Oversight Blog

Posted on April 09, 2008
Anyone interested in federal whistleblower law ought to take a look at The Project On Government Oversight (POGO) Blog's The Federal Graveyard of Whistleblower Cases and then bookmark the blog:"A new column in Legal Times underscores why Congress should finish up its bill on whistleblower protections...

Non-lawyer writing on non-compete agreements

Posted on April 09, 2008
Unlike some lawyers, I do not mind when non-lawyers write about legal matters - so long as they do not muff the law. No-Fault Divorce. Is It Time To Tie The Knot With A New Employee? from insurancenews.net does a good job with the legal issues. Besides, how can I object to an article that has the following paragraph:To create a truly good agreement, start from the basics...

Trade Secrets: Do You Know Where Your Secrets Are?

Posted on April 09, 2008
Yesterday, I made a point about trade secrets applying to more than high tech cases. From Information Week comes Random Search Stops $600 Million In Trade Secrets Bound For China and a high tech case. A former software engineer for a telecommunications company based near Chicago was indicted for allegedly stealing trade secrets worth an estimated $600 million and trying to take the documents to China...

Indiana Appellate Cases: Third Party Interfering With Contracts

Posted on April 08, 2008
On March 20th, the Indiana Court of Appeals handed down its opinion in Allison v. Union Hospital (PDF format) that dealt with tortious interference with contractual relationship against Union Hospital and Wabash Valley Anesthesia, P.C. (the other appellee) and constructive fraud and breach of the duty of good faith and fair dealing against Union...

Another Reminder That Trade Secrets Apply to All Sorts of Companies

Posted on April 08, 2008
They apply to your business as well as IBM, to builders as well as high-tech. As Stolen Trade Secrets?: Lawsuit Claims Exec Took $1M Study From Pulte Homes from Tradingmarkets.com show:But Pulte Homes claims in a federal lawsuit that a top executive who was being laid off stole a highly confidential, $1 million Albuquerque market study and used it to create a similar report for a major competitor...

10 Management Lessons - Beyond.com

Posted on April 07, 2008
I am passing along Beyond.com's 10 Management Lessons both as a good collection of business tips and as an indirect means of preventing some and perhaps many legal problems. For instance, I have this (and a few others) particularly in mind as aiding in preventing legal problems:Show respect...

Business' Top Ten Legal Mistakes

Posted on April 07, 2008
From 2003 and the Harvard Business School comes the article Top Ten Legal Mistakes Made by Entrepreneurs. Good points in the article even if all will not apply to all small businesses."'While the language of the law can be intimidating, the concepts are usually quite straightforward,' she says...

Indiana Employment Law: What is an Employee?

Posted on April 07, 2008
The Indiana Court of Appeals answered that question in Snell v. C. J. Jenkins Enterprises, Inc. (PDF format) on March10.Snell sued the company as its employee under Indiana's Wage Payment Statute, Indiana's Wage Claims Statute, and Indiana's Wage Deduction Statute...

Central Indiana Podiatry v. Kenneth Krueger - The Indiana Supreme Court Speaks

Posted on April 06, 2008
Back on March 11, The Indiana Supreme Court handed down its opinion (PDF format) in Central Indiana Podiatry v. Kenneth Krueger. Justice Boehm started the opinion with a clear statement about the case: We hold that noncompetition agreements between a physician and a medical practice group are not per Se void as against public policy and are enforceable to the extent they are reasonable...

For The FacebookCrowd: Friends are not Friends?

Posted on April 06, 2008
I am not really sure what to make of this article, Facebook friends not real friends: judge, from England by way of Australia's The Age but it is interesting enough."A British judge has made official what many of us have long suspected - that being 'Facebook friends' with someone doesn't necessarily make you their friend...

New Ways to Protect Trade Secrets

Posted on April 06, 2008
Workforce Management describes some new ways to prevent trade secret theft in Intellectual Property Theft: Lessons From Coca-Cola. The article has a very good reason to pay attention to trade secret theft: For companies, the bottom line is at stake. Employee theft can cost companies anywhere from $200 million to upwards of $1...

Thoughts on Central Indiana Podiatry, Non-Competes, Garden Leave, and Physician Employment Contracts

Posted on April 06, 2008
Having finally posted on Central Indiana Podiatry v. Kenneth Krueger, I wanted to write on some points tangential to reporting on the particular case but which might I see bearing directly on physician employees. I think this case - and every similar case - may have been better served with a garden leave provision...

FedEx Class Action News

Posted on April 06, 2008
Class Action Defense Blog has news of the FedEx litigation, FedEx Class Action Defense Cases?In re FedEx Ground: Indiana Federal Court Grants Class Action Treatment In 19 Labor Law Class Action Cases Alleging Misclassification Of Pickup/Delivery Driver:"Numerous class action lawsuits were filed against FedEx Ground alleging that the company misclassified its pickup and delivery drivers as independent contractors rather than employees; the Judicial Panel on Multidistrict Litigation consolidated the class actions in the Northern District of Indiana, and the plaintiffs in the class action cases characterized as ?Wave 1,? ?Wave 2? and ?Wave 3? moved the district court for class action certification...

International Franchising

Posted on April 03, 2008
One thing I am learning with this blog is the areas of law I need to discard. This will probably be my last post on franchising law. What drives my practice is leading me to direct more attention to other areas. I will be happy to take on any new cases from franchisors or franchisees but I will write less on the subject...

Funerla Industry Blogs

Posted on April 01, 2008
Two.I categorize the first as a consumer oriented blog: R.Brian Burkhardt "YourFuneralGuy & Author "Rest in Peace--Insider's Tips toThe Low Cost Less Stress Funeral"'s Amazon Blog.The second comes from a lawyer, Death Care Compliance Law. I really like this one - it has a national viewpoint and the writer seems more familiar with funeral homes than most lawyers.

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