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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.

Post Frequency: 14.7/day

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

You Got an Online Presence But What If You Die?

Posted on July 05, 2009
This little problem was in my mind when I ran across Legacy Locker (such as what would happen to this blog). This is how it describes itself:The safe and secure way to pass your online accounts to your friends and loved ones.Legacy Locker is a safe, secure repository for your digital property that lets you grant access to online assets for friends and loved ones in the event of death or disability...

Tweeting Employees?

Posted on July 03, 2009
Let us count the ways Internet access has impacts employment law: Ee-mail. web surfing, downloading files, and blogging. All have had their crisis moments and now Tweets Create Legal Issues for Lawyers and Employers:By answering, in 140 characters or less, the question "What are you doing now?" corporate and professional employees "may convey proprietary information, may reveal other privileged or private information and may expose the company to claims of defamation or harassment," writes Jones Day partner Steven Bennett in a cover story for the May issue of the New York State Bar Association Journal...

Where Divorce and Business Law Intersect

Posted on July 03, 2009
How can a divorce injure a business? I can think of several ways but Ex-Wife Can?t Talk About Divorce to Media?Ever, Conn. Court Rules from ABA Journal - Law News Now shows another way and the means of protection:The ex-wife of a wealthy skin doctor can't talk about her divorce with the media?ever, Connecticut's Supreme Court has ruled...

Another Receivership Case in The News

Posted on July 02, 2009
Not much news but Foreclosed tower goes up for sale shows that receivership are not dead in Indiana:The property at 3801 N. Meridian St. is in control of a court-appointed receiver after the previous owner, Chicago-based Freemont Sheridan Properties, defaulted on a loan from Prudential Mortgage Capital Co...

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What does it take to start an Indiana partnership?

Posted on July 02, 2009
The following pretty much condenses Indiana's law on forming a partnership:... Copenhaver v. Lister, 852 N.E.2d 50, 58 (Ind. Ct. App. 2006). To form a partnership, parties must join together to carry on a trade or adventure for their common benefit, each contributing property or services, and having a community of interest in the profits...

Got an EEOC Mediation in Your Future?

Posted on July 02, 2009
Then give workforce.com's 10-Plus Tips for Succeeding in an EEOC Mediation: Part One a read:...A simmering-pot is a person whose resentment is at a low boil. Simmering-pot employees have turned off, left the organization prematurely, sabotaged their companies or gone out on extended stress leaves...

What to do if your company gets a deposition notice?

Posted on July 02, 2009
Read Be Prepared to Deal With Deposition Notices and get ready to call your lawyer:Your company has just been served with a 30(b)(6) deposition notice under the Federal Rules of Civil Procedure, and it is your job to respond to the notice and determine who will testify on behalf of the corporation...

Non-Competes and Trade Secrets - IBM Loses a Case

Posted on July 01, 2009
I am not so sure that I buy not signing on the correct line means that the non-compete agreement in Judge: Former IBM executive can work at Dell is enough. I am more worried about the implication that IBM had an employee sign a non-compete after the start of employment...

Why Deeds Are Tricky - Indiana Joint Tenancy Case

Posted on July 01, 2009
Screw them up and big trouble and Court reverses joint tenancy interest ruling has the latest example:In Janice and Burdette Ramer v. Betty Smith, No.57A04-0804-CV-202, Betty and Richard Smith executed a warranty deedconveying a tract of land to Betty's daughter, Janice, and her husband,Burdette Ramer, who had begun constructing a home on the land with thehelp of Richard...

Trade Secrets/Inevitable Disclosure Case: $1.6 Million in Attorney Fees

Posted on June 30, 2009
The Pacific Coast Business Times sedately headlines an interesting trade secrets case with Court clears way for infrared venture.What happened?Bill Parrish and Tim Fitzgibbons have been in a legal wrangle with Oregon-based Flir Systems for three years...

GM bankruptcy and Franchising Law

Posted on June 30, 2009
Another potential problem from the GM bankruptcy (and actually any franchisor's bankruptcy) gets point out in PA Joins 36 States With Objections in GM Bankruptcy CaseAdditionally, Corbett said that there are serious concerns regarding the methods being used in the termination of dealer franchises, along with the terms that continuing dealers are being forced to accept...

FMLA case out of Indiana Supreme Court

Posted on June 30, 2009
A victim of my hiatus is Worker's entire service decides FMLA eligibility from The Indiana Lawyer:In an issue of first impression, the majority of Indiana Supreme Court justices ruled an employee filling multiple positions with the same employer is eligible for leave under the Family and Medical Leave Act if the employee's total service is sufficient to qualify, even if the service in either position alone doesn't qualify...

GM Bankruptcy and Warranty Issues

Posted on June 30, 2009
Although Lemon Law Blog worried over GM's warranty claim in GM Bankruptcy - A Looming Consumer Disaster. It now appears that GM will honor those claims; although I would like a better confirmation than this. On the other hand, this bit of news shows the conumser concerns are shared by others: PA Joins 36 States With Objections in GM Bankruptcy CaseCorbett noted that the Attorneys General who joined in this filing do not necessarily oppose the planned sale of General Motors, but they have expressed concern that the current agreement is unclear or ambiguous about many important consumer issues, including:� Lemon Law claims and warranty issues� Personally identifiable information of consumers� Workers compensation claims� Tax claims� Environmental claims We amy know more later today as GM has a hearing scheduled for today.

New Indiana Workmen'c Comp Cases

Posted on June 28, 2009
Employers read this.Judges rule on workers comp billing issuesEmployers or their insurers - not health care providers - must prove when medical expenses for injured employees might be considered higher than what's allowed under the state's workers' compensation statute, according to the Indiana Court of Appeals...

New OSHA Law Blog

Posted on June 27, 2009
Big firm Jackson Lewis publishes OSHA Law Blog. For those employers/businesses dealing with federal OSHA issues, you should subscribe to this blog. It actually has a RSS feed!

What is a Cooperative Business?

Posted on June 27, 2009
Understanding Cooperative Forms of Business [Book Excerpt] - ABA Book Briefs BlogA cooperative business generally has the following characteristics: 1. It is owned and controlled by the people who use its services or buy its products (its "owner/customers")...

United States Supreme Court and Age Discrimination

Posted on June 27, 2009
Trying to catch up from my hiatus with this new report from workforce.com on the latestADEA case from the United States Supreme Court:Supreme Court Puts Age Bias Burden of Proof on PlaintiffIn a 5-4 ruling Thursday, June 18, the court held that in an age bias case, an employee has to prove that age was the only reason he or she was fired, demoted or suffered some other work setback...

Oops, seems someone else had a

Posted on June 27, 2009
Oops, seems someone else had a less than stellar week.From The Indiana Lawyer comes Judge criticizes counsel seeking class certificationDon't expect one federal judge to re-examine a ruling by another jurist on the same court if you don't present any new facts or arguments on a similar case and issue...

Non-Compete Agreements - Closing the Barn Door After the Horse Leaves

Posted on June 22, 2009
Which is how I describe this dialog from Internet Marketing & Affiliate Tips's Use Noncompete Agreements To Help Protect Your Business:Q: One of my former employees has started a competing business and is calling my clients and trying to steal their business from me...

What are you doing to protect your significant other if you die?

Posted on June 21, 2009
Give a look at Economic crisis heightens financial fallout for bereaved:Researchers conclude that some financial difficulties following death of a partner can be prevented; others can be avoided. Policymaking must address the immediate circumstances of people experiencing bereavement...

Not Dead, Just a Long Hiatus

Posted on June 21, 2009
For my regular readers, an apology for the very long stretch between posts. An appeal and personal issues made writing for the blog a bit of a luxury. I am back and there will be a lot of material coming your way over the next few weeks.

New Statute Relating to Residential Foreclosures

Posted on June 19, 2009
Thanks to Indiana Commercial Foreclosure Law and its 2009 Indiana State Legislation - One Foreclosure Bill for bringing this to my attention:The June edition of Hoosier Banker, published by the Indiana Bankers Association, has a really good article entitled "Wrap-up of 2009 Legislative Session" written by Amber Van Til, VP-Governmental Relations, and Dax Denton, AVP-Governmental Relations...

Preparing for Estate Planning

Posted on May 21, 2009
Getting Ready for Estate PlanningThe purpose of this site is to help you organize your thoughts and information before you see an advisor about an estate plan. Many people avoid estate planning because they think that the process will be overwhelming...

Trade Secrets - Another R

Posted on May 20, 2009
Protect trade secrets to prevent ugly surprises | Richmond Times-DispatchFor a business, consider putting the need to protect your trade secrets near the top of your worry list.Just ask Bank of America about the importance of trade secrets. It recently suffered a painful lesson from its neglect...

Trade Secrets Litigation News: Some Times It Is Not an Employee

Posted on May 19, 2009
Instead, the one stealing trade secrets can be a partner. Such was the story in Morrison & Foerster Wins $36 Million in Trade Secrets TrialA San Jose, Calif., jury hit Luna Innovations for $36 million in damages in a trade secret case Tuesday, handing Hansen Medical and its lawyers at Morrison & Foerster the victory...

Trade Secret Litigation News: Sun Microsystems and Versata

Posted on May 18, 2009
Sun Successfully Defends Itself Against $100M Patent SuitA jury denies the claim for than $100 million in damages from Sun for alleged patent infringement, breach of contract, interference with an existing contract, trade secret misappropriation and unfair competition that had been filed by Versata, formerly called Trilogy Software...

Trade Secrets - A Request from IP finance ...

Posted on May 18, 2009
I did not try to find the study mentioned in IP finance ...'s Trade Secrets v. PatentsIf I may, I have request for assistance from readers. Against the sometimes overly patent-centric view of the IP world, we try to balance patents with trade secrets/know-how in the context of business management education...

Twitter as Posing A Threat for Business?

Posted on May 17, 2009
Twitter and e-DiscoveryThe reason this is not newsworthy but is worth a blog post and why the Bryan Cave post is a bit behind the times as well, is that simply put, ?everything that exists is discoverable? at least pretty much. This would apply to any tweets that had been stored by a company or a user or anyone else...

Starting a New Business? Think About the End, Too

Posted on May 17, 2009
Take a look at NJBIZ.com's Breaking up is hard to do ? so have a plan?You start a business hoping that it will last forever,? said Raymond Felton, a co-managing partner with the Woodbridge law firm Greenbaum, Rowe, Smith & Davis LLP. ?But it doesn?t always work out that way, and in this weak economy, we?re seeing more quarrels between owners that lead to splitting their companies apart...

FTC Amends Rules on Practice

Posted on May 16, 2009
FTC Issues Final Rules Amending Parts 3 and 4 of the Agency?s Rules of Practice: "Through the Federal Register notice announced today, the Commission has made changes to several areas of the rules. First, the amendments eliminate Rule 3.11A (Fast Track Proceedings)...

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