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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.

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

Trade Secrets: Today's Roundup of Litigation

Posted on April 01, 2008
No claims made that these stories represent all of the new trade secrets litigation but these are the ones caught by Google Alerts.IOSTAR entangled on earth: IOSTAR and its founder and CEO have filed suit against the three former associates, alleging theft of corporate secrets in order to develop competing satellites...

Trademarks and funeral homes?

Posted on April 01, 2008
See The Trademark Blog's More Skullduggery (yes, there is a pun in there):"Funeral home dissolves, funeral director may or may not have agreed to not use his name pursuant to a non-compete clause, uses his name with new funeral home, old funeral home uses his name, lawsuit...

Mortgage, Refinance Advice | Truthful Lending dot Com

Posted on April 01, 2008
I do not know much about Truthful Lending dot Com but so I offer its Mortgage, Refinance Advice without any endorsement:"Irvine, California - At Truthful Lending dot Com we believe that the more educated you are about the mortgage and refinance process, the more likely you are to make the best decision...

A Patent Blog: Patently-O

Posted on March 29, 2008
I keep explaining that I do,actually cannot, practice patent law. I am convinced that a great weakness for many businesses is not knowing enough about patent law. With that in mind, you should check out Patently-O.If you need a referral to patent lawyer in the area around Anderson, please give me a call.

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Patriot Act Causing Problems Opening a Business Bank Account?

Posted on March 29, 2008
Not a problem I was aware of until I read the Enjoy Every Sandwich blog's Proving We're Not Terrorists - Day 6. (I assume that is a Warren Zevon reference in the blog's name and if so, it is a great one especially if you read the rest of the blog.)We only wanted to open a simple business checking account...

New Employment Law Blog: Manpower Employment Blawg

Posted on March 29, 2008
Thanks to Rush on Business for leading me to The Manpower Blawg. While I disagree that The Manpower Blawg uniquely provides free legal information (I think I and all other legal bloggers are doing this), I fully endorse this statement: "This blog -- or blawg -- is designed to provide you with up-to-the-minute employment law information without putting you to sleep...

Trade Secrets and Outsourcing

Posted on March 28, 2008
DREAMCOAT Software tech blog by Milan Vrekic published Ethics of Outsourcing which has some interesting but maybe not fully developed points on outsourcing and trade secrets:"A clear definition and practice of the ethical rules and privacy policies of the organization like non-disclosure of trade secrets, secrecy and non-disclosure contracts with staff, third party service providers and visitors is a prerequisite...

Busting Up a Business

Posted on March 28, 2008
New York Business Divorce has been publishing a series on a New York business dissolution case under the title Anatomy of a Dissolution Slugfest. I think all are worth reading for anyone setting up a business or wanting to get out of an existing business...

Tips on Avoiding Employment Law Suits

Posted on March 28, 2008
Rush Nigut published a very good post, .300 Won't Get You Into the Employment Law Hall of Fame, for employers wanting to avoid employment law suits. I suggest going over to Rush on Business and read the parts of the post I do not quote below. It also has some good points for those employees thinking of suing their employers...

Seventh Circuit Court finds no age discrimination

Posted on March 26, 2008
The Indiana Lawyer Daily reported on this case earlier in the month under the headline Circuit Court finds no age discrimination. The article does a a good job of explaining why there was no case under the federal ADEA. "In Laverne Tubergen v. St. Vincent Hospital and Health Care Center, Inc...

A Different Take on Trade Secrets

Posted on March 26, 2008
From what I understand to be a designer's blog, frog design comes Will Tomorrow's World Still Need Designers? which touches on trade secrets like this:"Designers will create ingenious objects with hidden multi-functionality, devices that, for one reason or another, cloak what they can really do...

Business Succssion Planning: An Example from Baseball

Posted on March 26, 2008
With baseball season now starting, I think The New York Times' Oedipus Bronx might have even a bit more relevance."For the Yankees, the ongoing succession is a lot more complicated than it was for either the Mets or the Knicks. The team is now in the hands of not one but two designated heirs, and one of the Steinbrenner sisters, Jennifer, will have a voice in the team?s operations, too, as will Felix Lopez, the second husband of the other sister, Jessica...

Noncompetition Agreements: Lexington Clinic sues former director

Posted on March 25, 2008
Out of Kentucky comes another non-compete agreement case out of the medical field,Lexington Clinic sues former director:"The clinic sued Dr. Michael McKinney, a physician and onetime board member, alleging that while he was a director, McKinney secretly worked to establish a new medical practice in Jessamine County that would compete with Lexington Clinic...

Changes Coming to Americans with Disabilities Act ?

Posted on March 25, 2008
Jackson Lewis sends out a newsletter regarding employment law and this article caught my eye: Major Changes to Americans with Disabilities Act Under Consideration by Congress. Having been caught with personal matters (like the flu), I had no idea that Congress considered changes to the ADA...

Car-Title Loans

Posted on March 25, 2008
Having seen signs advertising this service in Indiana, I thought Payday Loan Foes Aim at Car-Title Loans might have some interest."For years payday lenders have been the bad guy in the predatory lending debate while their close cousin, car title lenders, have cruised along unnoticed - and perhaps more disturbing for some - unregulated in several states...

Trade Secrets - A Departing Employee Case from Evansville

Posted on March 24, 2008
If I am following the article, Plastics firms at odds, from The Evansville Courier, this employee was hired by the new company before actually departing from the plaintiff company.In the complaint, Rexam attorneys say the company previously employed Whitehead as director of sales, but he accepted a job as vice president of business development for Berry Plastics' Rigid Closed Top Division on Dec...

Supreme Court Sides and FedEx Age Discrimination Suit | workforce.com

Posted on March 22, 2008
What could be an important decision on the federal Age Discrimination in Employment Act (ADEA) from the United States Supreme Court. The following report is from workforce.com.Supreme Court Sides With Employees in FedEx Age Discrimination Suit |:"In a 7-2 opinion handed down on Wednesday, February 27, the court acknowledged that the suit did not follow the procedures laid out in the Age Discrimination in Employment Act (ADEA), which says a civil procedure can?t begin until 60 days after a charge has been filed with the Equal Employment Opportunity Commission...

More FAll Out From the Nelms/Memory Gardens Case

Posted on March 22, 2008
For those following this blog, I am playing catch up after a protracted illness. Which is why I am combining what might otherwise be two separate posts. In the past week, developments occurred in the General Assembly and with the Memory Gardens receivership...

Bankruptcy and Gift Cards

Posted on March 22, 2008
Not a lot of good news and the linked article's title pretty much says it all.Bankruptcy Makes Gift Cards Worthless: "As more retailers file for bankruptcy or go out of business, more than $75 million in gift cards are at risk of becoming worthless pieces of plastic this year...

Starting A Business With Your Significant Other?

Posted on March 22, 2008
Then take a look at The Boston Globe's 'Co-preneurs' brave work-life challenges. I seriously suggest talking to an attorney who knows about prenuptial (or post-nuptial) agreements and setting up businesses.If you and your significant other are considering setting up a business in Indiana, please give me call.

Trade Secrets - Talking About a Different KInd of Dough

Posted on March 21, 2008
A reminder that trade secrets affect all kinds of business comes from - OregonLive.com's Secrets of the dough:In a legal battle seldom seen in civil court, Bernardo Mendoza is suing two other bakers for the sake of sweet bread. Not just any sweet bread, but sugary Mexican concoctions such as "seashells," "rocks," and "kisses" the baker says took him nearly two-thirds of his life to perfect, only to be stolen overnight by the competition...

Trade Secrets

Posted on March 21, 2008
I ran across an article from the Irish Independent that is a bit different from the usual trade secrets case but also has so much in common with the most mundane trade secrets case. Here are the high points from Top women in court battle on 'trade secrets':"It is alleged that Ms Kershaw -- who was still working for Harmonia at the time -- gave the information to Max Media Communications, a company owned by another of Ms Casey's former employees, Garret Whelan...

Eveasedropping on Employees

Posted on March 13, 2008
Employees need to remember that their privacy rights at work range from few to none. Take a look at workforce.com's Quick Takes -- March 11, 2008: "Eavesdropping on Employees: Spurred by fears of litigation and diminishing productivity, U.S. employers are keeping close tabs on employees? workplace activities...

Starting a Company from the Business Side

Posted on March 03, 2008
Last post of the day, and another flu induced data dump. From The Washington Post comes Dot-Commitment: "By the time he arrived at Virginia Tech in January 2004, Fahad Hassan still was not over his first business failure. He had poured his heart into a computer support business in his final year of high school, but after a promising few months the customers dried up and the expenses ballooned...

Supreme Court Rules Individual Retirement Plan Participants Can Sue Employers Over 401(k) Losses | workforce.com

Posted on March 03, 2008
As mentioned elsewhere on this blog, I am recovering from the flu. I am horribly behind in my reading and even further behind in my posting. Please pardon the bare bones of the posts over the next week. I am trying to get out what appears important but not adding much in commentary - there is just not enough time right now...

New Indiana RICO Act case

Posted on March 03, 2008
Thanks to the flu, I am horribly behind in my reading. I actually did not know i had the flu until I caught myslef reading the same paragraph in an article four times and still not understanding what I was reading. So for a while, I am relying on The Indiana Daily Lawyer alerts...

The Flu Struck Home

Posted on March 02, 2008
For anyone following this blog, you have my apologies. After the wife had had the flu for a week and I felt fine, I assumed she had something else. Wrong. It was nice enough to wait till I had had my birthday on the 27th. I have experienced the full range of symptoms since Thursday and I can say none were very fun...

General Business: Small Business Technologies

Posted on February 26, 2008
Business owners might want to take a look at Business Week's Worthwhile Small Business Technologies. As I am a bit of a computer geek and own a small business, I thought the list interesting even if I am not sure all would be worthwhile for me.

Breaking Up The Business

Posted on February 26, 2008
Be prepared for what can go wrong with a business. You start a business with other people. You do not want to think about the business ending but most people do not want to think about their marriage coming to an end, either. The New York Times published Making the Breakup Much Easier and I think it gives a non-lawyer perspective on business relationships falling apart...

Estate Planning; Conflicts of Interest and Undue Influence

Posted on February 25, 2008
Regardless of how much I say this is not a forum for providing specific legal advice, I still get asked for legal advice. Frankly, the following comes close to being a good general question and does raise an interesting issue:Do you think it is a conflict of interest for a spouse of one the siblings to be the financial planner for the Mother's Investment portfolio and the Mother and sibling?s Investment LLC? Conflicts of interest cover a very broad swath of intellectual territory...

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