Indiana

And to All, A Good Night - Going on Hiatus

Posted on October 31, 2009
This year has been rocky with this blog as it has been for this part of my practice.  With the current economy, it seems unlikely to grow and I need the time I would need to spend on this blog and this practice area in other areas which can keep the bills paid...

Trade Secrets - Criminal Case and Interesting Issues

Posted on October 30, 2009
Not too often do I make a big deal about a criminal case, but Silicon Valley 'Spies Like Us': Trial begins for 2 engineers accused of economic espionage involving China doe shave interestng points.First, the facts:According to the indictment, the defendants allegedly created a company, SICO Microsystems, "for the purpose of developing and marketing products derived from and using the stolen trade secrets," which were related to computer chip design and development...

Non-Competition - Policy Ideas

Posted on October 29, 2009
I have eruitten before aobut Massachusetts liberality towards non-compete agreements here and here. NECN reported a potential change its Mass. non-compete culture to change?Warner said he believes limiting or banning non-competes would lead to more companies like Google, Cisco Systems, and Avid getting launched in this area instead of Silicon Valley or other parts of the country...

Trade Secrret Litigation News - Ideas About Evidence

Posted on October 28, 2009
Reading New Hampshire news, business and sports - Stonyfield secrets dispute heading toward trial from UnionLeader.com had me thinking:Before its relationship with Agro-Farma, Stonyfield had not produced or marketed Greek yogurt and did not have the knowledge and expertise necessary to do so, LaPlante wrote in his opinion and order...

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News: Settlement from IMI in Concrete Price Fixing Case

Posted on October 28, 2009
$29M deal reached in IMI price-fixing lawsuit | IndyStar.com | The Indianapolis StarIMI's settlement must be approved by a federal judge before it's official. It would boost the amount of settlement money paid by the companies in the case to $53 million...

News on Social Media in the Workplace

Posted on October 27, 2009
From The Tennessean comes Businesses crack down on workers using social network sitesWorkplace restrictions on the digital world are forcing employees to give their fingers a rest, even though we've become a society that can't get enough of social networking sites and other online diversions...

Cossing The Border With Trade Secrets

Posted on September 01, 2009
On the border laptops remain an interest to Obama's Department of Homeland Security as much as guns and bullets (my apologies to Al Stewart).From The Los Angeles Times:  Taking an international trip? Scrub those hard drives!.As News.com's Declan McCullagh reported, the Obama administration continues to take an extremely permissive view toward the power of federal agents at the border...

Trade Secrets and Cloud Computing

Posted on August 31, 2009
GLG News' Cloud computing an antagonists view presents a trade secrets issue I had not thought of:I have trade secrets. I go to extremes to protect these secrets. Part of the process is to ensure that my systems exceed Title 18 standards. What happens when everyone has their trade secrets in a cloud and someone shatters these "virtual" walls in those systems...

Limited Liability Companies - Get the Operating Agreement

Posted on August 31, 2009
Nothing from Why You Need Professional Advice and an Operating Agreement for Your LLC differs greatly from what I advise people wnating to start a limited liability company, so pay attention. Absent an operating agreement, many critical issues will be determined by statute...

Trade Secrets Roundup : Untrustworthy Employees and Partners, Inevitable Disclosure

Posted on August 31, 2009
Report: Man stole trade secrets - Local - Bradenton.comManatee County Sheriff?s Office detectives arrested Darrin Stephen Zaza, 44, after viewing surveillance video of him entering a conference room in a local Comfort Suite motel, April 5, where his former boss was planning to hold the event...

Trade Secrets Twofer: Smalls Business and What Makes a Trade Secrets Case

Posted on August 30, 2009
Remember trade secrets affect small businesses , too.  This reminder comes from the Pasadena Star-News - Trade secrets: Local company counter-sues printer giantHACIENDA HEIGHTS - A local green startup firm has counter-sued a printing giant, claiming that it illegally cracked down on the right to resell its used product...

Logos and Trademarking

Posted on August 27, 2009
David Airey's blog has an interesting post in Logo trademarking tips: A legal perspectiveBut, before addressing the legal implications, it?s worth noting that a number of our insightful readers and commenters have already helped articulate a variety of pros and cons from a business and marketing perspective (view the comments on Duets Blog)...

The Cyberskank Case

Posted on August 27, 2009
Beware what you do online.  Cybersmear - the Skank Blogger Plans to Sue Google for $15m for Disclosing Her Identity:A recent ruling about an alleged anonymous slanderous blogs about a New York City model made it to the front page of every news media on the Internet when a New York City Judge ruled that Google had to identify the name of the person who ran the blog called ?Skanks of NYC...

This blog is #172

Posted on August 21, 2009
Well, that is according to Avvo and the Alexa page ranking on this page. Thank you, readers. (The Alexa ranking of 2,173,549 does instill a serious sense of humility here.)

Trademarks Post for the Week

Posted on August 18, 2009
British but some concept cross over the Atlantic and it is a well written article that provokes some thoughts. So take a look at Pitcher's, Pimms, Passing Off Archbishop Passing Off is already robing up behind the drinks counter to enter the unholy fray with his ?holy trinty? of Reputation, Confusion and Damage but who will survive the refining fire of this test?Is Sainsbury?s passing off its product as that of Diageo? Is there a trade mark infringement?Surely, no problem with Reputation...

Another Law Blog Oriented Towards Business

Posted on August 17, 2009
I jsut ran across Inhouselegal?s Blog today. I found it interesting enough to add it to the blogroll. Give it a look for a different perspective on lawyers and business clients.

New Business Related Law Blog

Posted on August 16, 2009
Out-House General Counsel is my discovery for today. Not much published but take a look at the links and information flow into the blog - very much oriented to small business. More than a bit envious as Mr. Alexander has found a way into an area I have been trying to figure out: outside general counsel.

For Business: Hiring Decisions

Posted on August 09, 2009
From Manta.com comes Why Small Business Owners Make Bad Hiring DecisionsHere are 5 reasons why small business owners fail to make good hiring decisions: 1. Lack of time: The business owner is swamped as discussed above and is unable to take the time to make sure that he is making the best hiring decision...

More whistleblower suits to come?

Posted on August 08, 2009
Such was workforce.com's prediction in Outcry on Exec Pay May Spur Rise In Whistle-Blower SuitsAs public outrage over executive compensation intensifies, experts believe there will be an increase in whistle-blower lawsuits filed by employees alleging they were fired for opposing their executives? compensation packages...

Trade Secrets: Barbie, Papermaster and Preventive Law

Posted on August 07, 2009
Probably too long of a post but, businesspeople, you need to read this Enforcing Property Rights In Confidential And Proprietary IIn Bryant v. Mattel Inc. , a case pending in the United States District Court for the Central District of California, Mattel, maker of the Barbie doll, asserted that a former employee, Carter Bryant, began drawing designs for the Bratz doll - made by his new employer MGA Entertainment ("MGA") - while he was still employed by Mattel...

Indiana Lawyers Cannot Use Trade-Names

Posted on August 06, 2009
Another instance where the non-lawyers have us beat? I do not think so but still I thought it would be interesting to the general public.Court reprimands attorneys for trade-name useThree attorneys who practiced separately but advertised as an LLC were publicly reprimand by the Indiana Supreme Court for violating several Indiana Professional Conduct Rules by not letting clients know they didn't practice law as a firm...

Indiana Non-Compete Case

Posted on August 05, 2009
Still trying to round out the material from my hiatus.Judges differ in non-compete agreement caseIn a legal dispute regarding a non-compete agreement, the Indiana Court of Appeals judges disagreed as to whether the agreement could be enforced if the former employee's clients voluntarily left and contacted him to continue to be their accountant...

Marvell Semiconductor Suit Dismissed

Posted on August 04, 2009
A little late but from Law.com comes IP Suit Against Marvell Semiconductor Dismissed for Lack of Standing and the end of one case:Jasmine Networks Inc.'s epic trade secret case against Marvell Semiconductor Inc., featuring a general counsel's accidental voice mail confession, was suddenly dismissed (...

HIPAAA Information

Posted on August 03, 2009
Health Information PrivacyThe Office for Civil Rights enforces the HIPAA Privacy Rule, which protects the privacy of individually identifiable health information, and the confidentiality provisions of the Patient Safety Rule, which protect identifiable information being used to analyze patient safety events and improve patient safety...

How Contracts Help Fight Fraud

Posted on August 02, 2009
From the Supply Excellence blog comes Fraud Risks (and how Contracts can help):In other words, a head-in-the-sand approach or playing nice will not protect against fraud ? it?ll just prevent you from knowing about it until it?s too late. And while communication early and often is key, the contract tweaks Neil highlighted also point to an important step technology can play in reducing risks of fraud...

Paul McCartney Upset Over Not Getting Beatles Rights?

Posted on August 01, 2009
A bit stale probably, but guardian.co.uk's Paul McCartney 'not devastated' over Michael Jackson will seemed to good let pass without comment,"Some time ago, the media came up with the idea that Michael Jackson was going to leave his share in the Beatles' songs to me in his will," McCartney wrote on his website...

FMLA: Getting Fired for Not Calling In

Posted on August 01, 2009
At this time, I am not taking on contingency fee case and that includes emolyment law cases. Still, trying to keep an eye on developments. So Dismissal for Not Calling In Doesn't Violate FMLA from workforce.com caught my eye: In June 2006, Bacon sued the hospital in the U...

Trademarking Tweet

Posted on July 31, 2009
PC Magazine's Twitter Trying to Trademark 'Tweet' is one of those items that make me wonder what the wider world thinks of lawyers and trademarks. Thankfully, this article does note that we lawyers act defensively as well as offensively (no pun intended)...

Starting A New Business in Indiana? See Indiana Startup.com

Posted on July 30, 2009
Indianapolis attorney Brian Powers has a new site, Indiana Startup.com. Emphasizing start ups, he is tilling a field that Indiana needs more work in: high tech and Internet. The following is an example of his blog.The Basics Ways to Buy or Sell a Business | Mergers and Acquisitions * Stock Sales...

Office News: Truly Solo for Now

Posted on July 29, 2009
As of yesterday, I no longer have a secretary. Mary decided that her working a second job was just getting too much of a stretch. We have been trying to deal with this problem since mid-May. As I am also trying to move into a new apartment this week, things are a bit of a mess here...

New Wrinkle for Chapter 13 Creditors

Posted on July 29, 2009
Bankruptcy Law Network reports Bankruptcy ?Means Test? Doesn?t Dictate Chapter 13 Plan Payments, 5th and 7th Circuit Appeals Courts Say which may raise a new issue for Chapter 13 creditorsThe chorus is growing ? two more appeals courts have ruled that the bankruptcy ?means test? (also known as Form B22C) doesn?t establish how much a chapter 13 debtor needs to pay each month into the plan...

Indiana Court of Appeals Decides Man Incompetent and So Is His Contract

Posted on July 29, 2009
From The Indiana Lawyer comes Man wasn t competent to sign contractThe Indiana Court of Appeals affirmed a neighbor of a mentally ill man shouldn't have been able to purchase the man's farm because the man was incompetent when he signed the sales contract...

Online Resource for Indiana Businesses

Posted on July 25, 2009
Indiana's Secretary of State's Business Services Division maintains a web page here that is actually a portal for all things busienss for the Secretary of State's office. Bookmark it.

Thinking of Using A Non-Traditional Workweek?

Posted on July 24, 2009
Then give workforce.com's The Legal Implications of Nontraditional Workweeks a read: The federal act?s parameters mesh reasonably well with what might be the simplest version of a less conventional workweek, which is one consisting of four 10-hour workdays...

Trademarks - Franklin College Suit From Start to Quick Finish

Posted on July 24, 2009
I learned of the Franklin College trademark case from The Indianapolis Business' College sues like-named competitor and, frankly, did not hold out much hope for the interloper.The confusion has finally gotten to Franklin College.The liberal arts college south of Indianapolis filed a lawsuit today alleging trademark infringement against Ohio-based Franklin University, which will open a campus in Castleton this fall...

Indiana's Mortgage Foreclosure Task Force

Posted on July 24, 2009
I am highlighting The Mortgage Foreclosure Task Force web page today. Mostly for the lawyers (because it gives a schedule of CLE for mortgage cases) but there is a map showing the highest foreclosures (with Madison County being one of the highest) and a link to a FTC video (homeowners should go there)

Linked-in Recommendations: Pro and Con

Posted on July 23, 2009
Delaware Employment Law Blog provides the con in Warnings Against LinkedIn Recommendations: Justified or Propaganda?Sounds legitimate to me. Indeed, if a supervisor tells an employee how wonderful he or she is all the while thinking terrible things about the quality of the employee?s work product or habits, then there is likely going to be a contradiction between the reason the supervisor tells the employee he or she is being fired and the real reason...

States Can Now Enforce Their Fair Lending Laws

Posted on July 22, 2009
Some news from The United States Supreme Court, Supreme Court Allows States to Enforce Fair-Lending LawsA sharply divided U.S. Supreme Court has ruled that states can enforce their consumer protection and fair-lending laws against national banks.Writing the 5-4 majority opinion, Justice Antonin Scalia said the federal National Bank Act does not prevent ordinary enforcement of state law...

Congress to Restore GM, Chrysler Franchisees?

Posted on July 21, 2009
I admit I am of two minds about House bill aims to restore GM, Chrysler dealers as I can sympathize with the impulse but really do not like the method. Here, I would leave the matter to the market and let that judge the wisdom of the bankruptcy process...

Has Practice in Federal Court Gotten Even Harder?

Posted on July 21, 2009
This from Drug and Device Law's On Iqbal And Twombly indicates that we will now face a higher standard in pleading a Complaint in federal court.Iqbal v. Ashcroft, __. U.S. __ (May 18, 2009) (here's a link to the decision through the Supreme Court website), came down last Monday, holding that the more rigorous pleading standards set forth in Bell Atlantic v...

Qui Tam Case for Indiana: Carol A. Glaser v. Wound Care Consultants Inc

Posted on July 20, 2009
The issue for the Seventh Circuit Court of Appeals in Carol A. Glaser v. Wound Care Consultants Inc., et al. was jurisdiction:SYKES, Circuit Judge. Carol Glaser received medical treatment from Wound Care Consultants and was later contacted by an attorney who told her that Wound Care might have improperly billed Medicaid for her treatment...

Lindsay Lohan Stealing Trade Secrets?

Posted on July 20, 2009
Not quite the kind of trouble one associates with Lindsay Lohan but this is the news.New York Injury News - Lindsey Lohan sued!Lawsuit claim Lohan stole sunless tanning lotion formula that retails at Sephora.Tampa, FL?Lindsey Lohan and her business partner, Lorit Simon, are embroiled in a lawsuit, accusing the pair of stealing a St...

Jimi Hendrix and Trademarks

Posted on July 13, 2009
I admit to being a fan of both trademarks and Jimi Hendrix. Which made noting Ron Coleman's post ?Excuse me while I kiss this guy? from his blog LIKELIHOOD OF CONFUSION® a no-brainer:The signature was a trademark? It had secondary meaning? I think maybe John Hancock?s signature has secondary meaning, but I can?t think of too many other ones, though I am sure there are...

Messy Inheritance or Not?

Posted on July 11, 2009
Read Avoid the Inheritance Nightmare

Avoiding Common Legal Business Mistakes

Posted on July 11, 2009
I find I do can find no way to easily summarize Common Legal Mistakes Businesses Make and How to Avoid Them, Part II from John L. Watkins. The best I can do is list the topics covered:Mistake Number 6: Ignoring Key Contractual Provisions Mistake No. 7: Assuming it's Non-Negotiable Mistake No...

Obama Changing Enforcement of Immigration Laws?

Posted on July 10, 2009
I hope employers saw the news on this but if not take a look at Jackson Lewis' ICE Sends Over 650 Employers I-9 Audit Notices in Nationwide Immigration Enforcement InitiativeSix hundred fifty-two employers throughout the country are receiving I-9 Notice of Inspections (NOIs) from the Department of Homeland Security?s Immigration and Customs Enforcement (ICE) unit, the Government has announced...

What Happens to the Business if There is a Divorce?

Posted on July 10, 2009
Consider this scenario from The Golden Scribe's Prenuptial Agreements to Protect the Family : In a similar fashion, business partners can be protected with a prenuptial agreement. If Tom and Scott have worked over the past five years to create a successful business, and Tom is about to get married, the business and its assets can be protected by the prenuptial agreement...

New Indiana Business Law Blog - Internet Start Ups

Posted on July 09, 2009
I want to point out Brian Powers' Indianapolis Business Law Blog. I just learned about this blog in the past few days. Mr. Powers appears to be taking on a niche that is a bit different for Indiana and more specific than what I do on this blog: Internet start ups...

Old News: US Supreme Did Not Take Indiana's Wine Case

Posted on July 09, 2009
I caught SCOTUS denies Indiana wine case from The Indiana Lawyer Daily during my hiatus from this blog. I think it still worth publicizing.The Supreme Court of the United States won't consider whether Indiana's wine shipping law is constitutional by requiring in-person contact before any direct delivery is allowed...

What is a Litigation Attorney?

Posted on July 09, 2009
I suspect I will get comments from other lawyers about the difference between a a litigation attorney and a trial lawyer. Relax. I did not write this post for us lawyers but for the non-lawyers. (For the record, I do think of myself as a trial lawyer and not a litigation attorney)...

The Costs of Restructuring A Business

Posted on July 08, 2009
Canada's Slaw raises a point with its Focus on Employees: The Hidden Costs of Restructuring a Business that I think often gets overlooked when restructuring a business (whether in or out of bankruptcy) - the employees. Yes, we know they are there but do we really pay attention?Planning for a business restructuring often takes months; yet in my experience, insufficient resources are typically devoted to managing the human resources consequences, leading to significant additional or ?hidden? costs...

Yahoo and False Profiles - 9th Circuit Case

Posted on July 08, 2009
Technologist blog gave me 9th Circuit Reopens Yahoo! Case Over False Profiles and I suggest it be read at length. First as a sign that we still have a lot to figure out how to legislate for the Web and secondly as a caution for honked off ex-significant others...

Trade Secrets Litigation Round Up for The Week

Posted on July 07, 2009
A Goldman trading scandal from Reuters might actually have broader interests, but I leave those broader issues to others: While most in the United States were celebrating the Fourth of July holiday, a Russian immigrant living in New Jersey was being held on federal charges of stealing secret computer trading codes from a major New York-based financial institution...

Worried About Financing a Case Needing Experts?

Posted on July 07, 2009
Small Firm Business's Litigants Lacking Big Tech Bucks Can Still Play Ball has some interesting points that I have yet to really work out - at this point, I do not have this issue in any of my pending cases."In a survey, several federal district court judges also opined that Rule 403 permits the trial judge to bar the proponent's expert testimony when the opponent lacks the wherewithal to afford a rebuttal expert...

Lauth Bankruptcy Follow Up

Posted on July 07, 2009
A bit of older news from The Indianapolis Star is Judge: Lauth can operate bankrupt subsidiaries. Interesting to see what they paid out in fees before filing bankruptcy. The real question for a Chapter 11 case is will the business survive the process (which ought to explain the caution and care taken with Chrysler and GM)...

Bankruptcy - Southern District of Indiana - New Rules

Posted on July 06, 2009
Effective July 13:http://www.insb.uscourts.gov/WebForms/notices/prodchange.pdfAlso:There is a new notice posted regarding a revised general order on the use of electronic filing and a new ECF administrative policies and procedures manual.http://www.insb...

Contracts, Language and Making a Fetish of Archaic Style

Posted on July 06, 2009
I really admire AdamsDrafting Blog and Mr. Adams sane approach to drafting contracts. What to Do When the Other Side Wants to Change Your MSCD-Compliant Language may lack a punch of some other posts but it brings to mind similar discussions:But that said, it?s likely that anyone who?s a mindless slave to traditional usages will, on reviewing an MSCD-compliant draft, instinctively seek to change the language back to what they?re used to...

Muncie - Tomorrow - Free Legal Consult

Posted on July 06, 2009
So reports The Muncie Star-Press this morning:Free legal assistance available on Tuesday -Low-income residents can get free legal assistance on civil matters from an attorney 9 a.m.-noon Tuesday at Maring-Hunt Library, 2005 S. High St. triggerAd(1,PaginationPage,5); Indiana Legal Services sends an attorney to Muncie twice each month to offer free assistance...

Music Downloading - How the Canadians Do It

Posted on July 06, 2009
While I have posted on music downloading, this is actually more of an intellectual curiosity of mine. With that understood, here is Maybe the Jury Didn?t Like the Songs from Slaw:So how might this have played out in Canada? The legality of file sharing has been hotly debated in this country for many years, and the issue boiled over again recently with the Canadian Recording Industry Association (CRIA) trading pot shots in the press with copyright luminaries like Michael Geist and Howard Knopf over both the legality of the practice and its effect on the recording industry...

GM Bankruptcy Moving Forward

Posted on July 06, 2009
So reports The New York Times:A federal judge approved a plan by General Motors late on Sunday to sell its best assets to a new, government-backed company, a crucial step for the automaker to restructure and complete its trip through bankruptcy court...

Indiana Lemon Law - New Case

Posted on July 05, 2009
As I am still catching up from hiatus last month, I can only offer The Indiana Lawyer Daily report on a new lemon law case, COA rules on first impression lemon-law issueThe Indiana Court of Appeals tackled today an issue of first impression regarding the state's lemon law: Once a consumer has met the law's repair threshold, he can still file an action under the lemon law even if a subsequent repair fixes the problem...

Michael Jackson's Will...Why The Surprise?

Posted on July 05, 2009
I caught a few headlines that expressed surprise that Michael Jackson left nothing to ex-wife. I am thinking, why should he have? More importantly, notice Jackson use of a trust.The Associated Press headlined the story much more sedately with Judge: Mom has temp control of Jackson's propertyLOS ANGELES (AP) ? A judge ruled Wednesday that Katherine Jackson will retain limited control of 2,000 items from Neverland until another hearing is held Monday...

News: Sentate Version of Health Care Plan

Posted on July 05, 2009
From msnbc.com's First Read blog comes Kennedy committee releases health planEmployer Play or Play: ("Shared Responsibility of Employers")-- companies that do not offer "adequate coverage" to full time workers would pay an annual fee of $750 per employee-- companies that do not offer coverage for part-time workers pay $375 per employee-- firms with less that 25 employees would be exempt from fees-- companies most cover 60% of the cost of the monthly premiums to avoid fees

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...

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)...

What Is Your Intellectual Property Worth?

Posted on May 16, 2009
If you go through my trade secrets archive (see the label below), you will find that I often ask what is the value of the trade secret to your business. Then I ran across The economics of innovation: The business case for design: Easiest way to value your intellectual property which is about valuing all of a business' intellectual property...

Indiana Legislation - Teacher Discipline Statute

Posted on May 16, 2009
Governor gives teachers more legal protectionTeachers don't feel comfortable disciplining students because of possible lawsuits, Daniels and Zoeller said. Teachers would essentially be given the same qualified immunity status as state police or government officials, they said...

Non-compete News - Massachusetts Upholds Non-Competition Agreement

Posted on May 15, 2009
News from Reuters - HP hits snag in plan to hire executive from EMCBOSTON (Reuters) - Hewlett-Packard Co's (HPQ.N) plans to hire a top executive away from rival EMC Corp (EMC.N) hit a legal snag on Monday when a Massachusetts court issued an order temporarily barring him from starting his new job...

Trade Secrets: Hilton Looking at Criminal Charges?

Posted on May 14, 2009
More news on the Hilton case I wrote about in Ying and Yang of Protecting Trade Secrets. This comes from The Wall Street Journal Law Blog.In Trade Secrets Flap, Might Criminal Charges Be Heading Hilton?s Way?The latest big case involving allegations of corporate espionage involves Hilton Hotels and Starwood Hotels...

SBA News

Posted on May 14, 2009
Some thoughts from Business Opportunities Weblog that deserve consideration.Our Future With Our New PresidentMany wonder exactly how qualified Mills is to run the SBA given she is a venture capitalist. Well let?s see?she was a partner/director of Solera Capital a venture capital firm, a Harvard business school graduate and president of private equity business firm MMP Group...

This Week's Trade Secrets Litigation Case - Marvell Semiconductor

Posted on May 11, 2009
What can I say? Silence is golden? Loose lips sink law suits as well as ships? Lawyers Say Embarrassing Voice Mail of Marvell GC May Have Been Edited | ABA Journal - Law News NowLawyers for Marvell Semiconductor say the tape should be tossed because it may have been edited, the Recorder reports...

Update on the Thomas/RIAA Case

Posted on May 11, 2009
RIAA Fails to Settle Thomas File-Sharing Case; Retrial Date Set | Digital Media Wire"What they wanted to do, my client did not want to do," Toder told Wired; Thomas has previously stated she would not settle the case.Thomas was initially found guilty of copyright infringement and ordered to pay a $220,000 fine for sharing 24 songs on Kazaa...

Trade Secrets Litigation News

Posted on May 05, 2009
Lockheed Seeking Nearly $700 Million in Trial Against L-3 CommunicationsA big, big trade secrets trial is set to begin in Atlanta federal court this week, reports the Fulton County Daily Report. Lockheed Martin, the largest defense contractor in the world, is seeking $689 million in compensatory and punitive damages from America's sixth-largest defense contractor, L-3 Communications, and its subsidiary L-3 Communications Integrated Systems, for allegedly stealing trade secrets related to Lockheed's line of marine patrol, antisubmarine aircraft...

Small Business Owners - Mistakes to Avoid

Posted on May 03, 2009
I agree with Rush on Business that Avoid These 11 Common Mistakes of Small Business Owners deserves republishing but I would add one: "On the Texas Small Business Law Blog there is an helpful post on the common mistakes made by small business owners...

Senate Defeats Measure to Allow Bankruptcy Judges to Change Mortgage Terms - washingtonpost.com

Posted on May 01, 2009
Senate Defeats Measure to Allow Bankruptcy Judges to Change Mortgage Terms - washingtonpost.com: "Supporters argued the measure would keep 1.7 million borrowers in their homes, but it ultimately foundered in the face of fierce financial industry and Republican opposition...

Trade Secret Example; Bourbon

Posted on April 30, 2009
Bourbon Steps Out of Its Overalls comes from The Washington Post but it does give a quick example of a trade secret:I visited Brown-Forman's cooperage on the outskirts of Louisville, right near Churchill Downs, where the 135th Kentucky Derby will be run this weekend...

Fair Debt Collection Practices Case - Seventh Circuit

Posted on April 30, 2009
Chicago Business Litigation Lawyer Blog picks up on a Wisconsin FDCPA case that may have legs - for those whose debts are bought/assigned by a collection agency.Summary Judgment Stands for Consumer Class Alleging Unfair Debt Collection Practices, Seventh Circuit Rules AFNI next argued that it is entitled to collect fees as Cingular's assignee, since customers signed contracts with Cingular agreeing to pay fees charged by a third party...

Bankruptcy News

Posted on April 30, 2009
I wish this site had an RSS feed (which is really rather odd) but still it seems a worth add to the bookmarks for bankruptcy news. Which is all it is - a page with links to other sites with information on bankruptcy. It has even caught the news on the Chrysler bankruptcy.

Patents, Trademarks and Hamburgers: Steak n Shake Settles With Burger King

Posted on April 30, 2009
Steak n Shake, Burger King settle lawsuit: "Steak n Shake Co. has changing the name of its miniature Steakburgers to settle a trademark-infringement lawsuit brought by Miami-based Burger King Corp.The Indianapolis-based chain was slapped with a lawsuit last month after it unveiled slider-style hamburgers called Steakburger Shots, a moniker Burger King said was 'confusingly similar' to its trademarked BK Burger Shots, BK Breakfast Shots and BK Chicken Shots...

Protecting Your Trade Secrets from Poaching Employees

Posted on April 29, 2009
I ran across Protecting your employees: how to stop poaching a while back and, although the focus is English, I see good advice here for any employers:The best place to start is with an appropriate risk assessment, focused on identifying two things:* Identify which staff or teams are the most likely to be tempted to remove information or attempt to take customers when they leave...

Stupid Lawyers

Posted on April 29, 2009
Thanks to Google Alerts I got to read this forum exchange: drafting documents yourself. valid?. My subject line says what I took away from this short exchange.I have written before on here about using online or computerized legal forms. They area fact of life that lawyers needs to start acknowledging and get our heads out of the sand...

Thinking of Franchising?

Posted on April 28, 2009
Take a look at A Complete Description to Franchising (Parts 1, 2 and 3) for a primer on the business side a nd then read Rugh Nigut's Franchise Research is Not Difficult.Franchising is a wonderful business tool. Like all tools they can be misused.Talk to a lawyer with franchising experience before signing any franchising agreement...

Update on Realnetworks Trial - Trade Secrets

Posted on April 28, 2009
How trade secrets get dealt with in trial.First Day of DVD Trial Features Closed-Door Testimony - Digits - WSJTech geeks hoping for juicy details from a closely watched trial involving RealNetworks are likely to find Friday?s proceedings a bit disappointing...

Third parties interfering with contracts - a primer

Posted on April 27, 2009
Recognizing a Litigious Reality serves as a good reminder of things businesses should not do and applies more widely than its original audience of accountants.Intentional interference with contractual relations is a business tort that is especially prevalent in the field of intellectual property...

One Idea About Alternative Fee Agreements

Posted on April 27, 2009
From WhichDraft.com Alternative Fee Agreements Presentation at IACCM Americas Conference Touted by Supply ExcellenceJustin noted that: To capture some of that spend and have better legal representation, Jason recommends negotiating ?incentives that motivate people to do better?...

Why Should You Not to Do Your Own Will

Posted on April 25, 2009
I suggest reading all of Tim Kalamaros's post Pro se or "do it yourself" wills on his "Teklaw" blog. Here is the first on his list reasons not to write your own Will.1-- Even if the will is drawn up correctly, do I know how to publish and witness it correctly under the law of the place where it will be signed? Do I know who is a proper witness under the law and who is not?Let me chime in and say that a Will is probably the least expensive and one of the most important legal documents you can have but there are some rules that must be followed...

Indiana Consumer Law: Are We Seeing a Trend to a Pro-Consumer Law?

Posted on April 25, 2009
It may be so. I am speculating whether or not it has to do with our recession.This came in yesterday from The Indiana Lawyer, COA invites high court to revisit Indiana lawIn a case involving the purchase of a home, Indiana Court of Appeals judges today disagreed as to whether the home sellers should be granted summary judgment in a fraud suit...

Limited Liability Companies: Treating the LLC as Subchapter S Corp

Posted on April 24, 2009
San Diego Small Business Law Blog has a good post on this subject - S-Corporation Election For Your Limited Liabiliy Company (LLC)?o why would you make the election to treat your LLC as an S-Corp? If you find the flexibility and ease of corporate governance for LLCs attractive, yet find that the tax advantages of S-Corps applies to your company, you can go ahead and combine the two...

Ying and Yang of Protecting Trade Secrets

Posted on April 24, 2009
Let us once again talk about departing employees and protecting your business' trade secrets. let me say about the first example that I am taking the allegations as being true just for the purposes of discussion.If the allegations are true, then I think Starwood has a problem showing that it properly protected its trade secrets...

COBRA News

Posted on April 23, 2009
Employers and employees should give workforce.com's COBRA Worries Cash-Poor Businesses: Firms Must Pay Now, Wait for Reimbursement a read. Here are the highlights.It is part of the recently approved federal stimulus bill?the American Recovery and Reinvestment Act?that offers eligible terminated employees a 65 percent discount on COBRA coverage...

Fun With Restaurant Reviews and Trademarks

Posted on April 23, 2009
I find trademarks as too much fun and here is another example from The New York Times of what I find interest Lawyers Enter Twitter TempestMr. Rucinsky, a 30-year-old part-time art dealer who uses his middle name as his last name when he writes, sends silly blurbs on Twitter and writes inane blog postings that purport to reflect Ms...

Employment Law: Involuntary Servitude

Posted on April 22, 2009
Iowa Law Blog caught an unusual employment law case out of New York in A Modern Case of Involutary Servitude. This one is so unusual that I am quoting it at length:Ten nurses from the Philippines were hired to work in nursing homes caring for chronically ill children dependent on ventilators...

Indiana Contracts - No Picking and Choosing

Posted on April 21, 2009
From The Indiana Lawyer, Parties can t pick certain provisions to enforce reports on a recent contract case from The Indiana Court of Appeals. The Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document...

Now on Twitter

Posted on April 20, 2009
I took the Twitter plunge this past Friday. If you want to add me, I am http://twitter.com/schasler

Garden Leave: A Live American Example

Posted on April 20, 2009
From Virginia Non-Compete Law Blog's GARDEN-LEAVE EMPLOYMENT CONTRACTSWant an example? In Bannister v. Bemis Co., Inc., (2009 U.S. App. LEXIS 3648, 8th Cir. Feb. 25, 2009) a Garden-Leave clause was examined by a federal court in Arkansas. Bannister served as director of product development for Bemis...

Receiverships: Why Not Go to Bankruptcy Court?

Posted on April 19, 2009
I do not see anything I disagree with these paragraphs from Business Receivership - An Alternative to Bankruptcy about the benefits of a receivership:There are many benefits to business receivership over bankruptcy. First there is less stigma attached to business receivership than bankruptcy...

JD Supra: Legal Documents - 77711827

Posted on April 19, 2009
JD Supra: Legal Documents - 77711827 | OtherI do not think Ms. Sulemen has yet used the term OCTOMOM as a trademark to identify the products/services listed in her application. It is interesting that the application contains a consent stating "The name(s), portrait(s), and/or signature(s) shown in the mark identifies Nadya Suleman, whose consent(s) to register is made of record...

Non-Compete Agreements and Dentists (and Doctors)

Posted on April 19, 2009
Are covenants not to compete becoming unenforceable?: A growing trend explored comes from The Journal of the American Dental Association: "The court then examined the policies of the American Medical Association (AMA), which has taken the position that physicians? noncompete agreements have a negative effect on health care and are not in the public interest...

Indiana Consumer Law: Possible Real Estate Scam

Posted on April 19, 2009
Thestarpress - State warns of new mortgage fraud schemeFORT WAYNE, Ind. (AP) ? Indiana's attorney general is warning about a mortgage fraud scheme in which criminals exploit a loophole in state law to transfer the ownership of properties.Attorney General Greg Zoeller said the thieves aren't interested in the property they steal, but in using their "ownership" of a property to obtain a fraudulent loan...

Updating the Blog. Please check it out

Posted on April 18, 2009
I cleaned up the blog roll to remove some dead links. I also added my Twitter feed and a link to Indiana Business Law resources. Please give them a look.

For the Lawyers: Suggestion for the Downturn

Posted on April 18, 2009
A silver lining for us from LLRX.com - The Upside of the Downturn ? Time to Work on Your Know How: "So far, US law firm knowledge management initiatives have focused on finding the killer app to store and retrieve content ? without adequately focusing on the quality of that content...

Non-Disclosure Agreements

Posted on April 18, 2009
Covering Your ATS applies to more than software engineers.By example, a broker and a software engineer develop a new computer system containing a novel matching process for their start-up ATS. They may sign a non-disclosure agreement forbidding either party to disclose without the other party's consent...

Indiana Corporations and Receiverships

Posted on April 17, 2009
Recieverships are ?...an extraordinary and drastic remedy to be exercised with great caution.? Crippin Printing Corp. v. Abel, 441 N.E.2d 1002, 1005 (Ind. Ct. App. 1982). Which may explain why we seldom see them. The other reason being the federal Bankruptcy code...

Hollywood and the Problems of Intellectual Property

Posted on April 17, 2009
What applies to Hollywood applies to Indiana businesses. From Good Morning Silicon Valley comes Hollywood trying desperately to keep a lid on the box: "Of course, media-center computer owners can still watch Hulu?s shows on the big screen ? they just have to do it through a conventional Web browser instead of Boxee?s cleaner interface, and that leaves Techdirt?s Mike Masnick, among others, confounded: ?It?s difficult to see how there?s even a claim by the content providers at all...

COBRA News

Posted on April 16, 2009
Take a look at workforce.com's Employers Face Plenty of COBRA-Related Compliance Issues:"Most employers offering health care to workers in the U.S. will be required to comply with the COBRA provisions of the $787 billion stimulus package by March 1."The mechanics of the law are straightforward...

Update On ClearOne Trade Secret Case - Premanent Injunction Gratned

Posted on April 16, 2009
The following is from ClearOne Granted Permanent Injunction Order in Federal Trade Secret Misappropriation Case . SunHerald.com provides an impressively detailed description of the judgment.On April 9, 2009, the Court issued a Permanent Injunction. The Permanent Injunction provides, among other things, the following:-- that the restrictions set forth apply immediately;-- that the restrictions set forth apply not only to the Defendants, but also to each Defendants' agents, servants, officers, employees, entities, and those acting in concert with them, and/or those acting under their direction or control;-- that all WideBand Defendants are permanently prohibited from using, disclosing, or transferring in any way the computer code at issue in the case, the development documentation for that code, and WideBand's "Infringing Products," defined as: (a) the AEC2w object code licensed to Biamp, (b) the computer code licensed to Harman Music Group, Inc...

Pepsi Sues Coke (Again)

Posted on April 16, 2009
From Reuters comes Pepsi sues Coke over energy drink claims LOS ANGELES/NEW YORK (Reuters) - PepsiCo Inc (PEP.N), taking umbrage over a nationwide advertising campaign accusing its Gatorade energy drink of missing crucial electrolytes, sued Coca-Cola Co (KO...

Non-Compete Agreements - Rounding Up Medical Non-Competition Agreements

Posted on April 16, 2009
Medical non-compete agreements continue to make news. For earlier articles, click on the link below next to Label.From the North Carolina Appellate Blog comes COA Invalidates A Non-Compete And Non-Solicitation Agreement, While Limiting Trade-Secrets Damages: "Plaintiff (MSN) is a medical staffing company (e...

Alcoholic Beverages News - AVA Designations

Posted on April 15, 2009
I was not able to publish A Ferment Among Calif. Vintners - washingtonpost.com as quickly as I ought to have but still worth keeping an eye on:As the American wine industry began its march to becoming the $1 billion-a-year export industry it is today, the federal government established a system in 1978 to recognize the country's distinct grape-growing areas...

The Public Library of Law

Posted on April 15, 2009
For lawyers (evne if it is not quite a solution to Lexis and Westlaw) and the general public, The Public Library of LawSearching 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...

Patent news : A Threat to Open Source

Posted on April 15, 2009
I do not practice patent law but things like The real patent threat: Not Microsoft | The Open Road - CNET News apply to the business I do represent:But it's not because of Microsoft and its recent TomTom patent lawsuit, or other such infringement suits between vendors...

Bankruptcy News

Posted on April 15, 2009
Is there any surprise in any of these headlines?Bankruptcies surge as recession takes toll comes from the Indianapolis Business Journal's reportingThe number of U.S. businesses and individuals declaring bankruptcy is rising with a vengeance amid the recession, despite a three-year-old federal law that made it much tougher for Americans to escape their debts, an Associated Press analysis found...

Indiana Eminent Domain Case - Shades of Kelo

Posted on April 15, 2009
We have a new eminent domian case in Indiana. COA decides eminent domain case comes from The Indiana Lawyer.Relying on the Supreme Court of the United States case of Kelo v. City of New London, 545 U.S. 469 (2005), the Indiana panel found that Wymberley's taking would not be transferring the property to a private entity but to a regulated public utility providing public service - not as far as the SCOTUS ruling had allowed...

Start ups - The Financing Side

Posted on April 14, 2009
Thinking of starting a business? Then read 7 biggest mistakes in raising startup capital. I say there are three sides to a start up: the business idea, the legalities (which is my part) and financing.MANY FINANCING efforts fail because of some of these simple and avoidable mistakes that business owners make when pitching their ideas to potential lenders or investors, in my experience these mistakes fall into one of these categories...

What Was Proposed for Indiana's New Age Discrimination Law?

Posted on April 14, 2009
Thanks to Masson's Blog - HB 1014 - Age DiscriminationDIGEST OF HB 1014IC 22-9-1-6 (k) The commission shall state its findings of fact after a hearing and, if the commission finds a person has engaged in an unlawful discriminatory practice, shall cause to be served on this person an order requiring the person to cease and desist from the unlawful discriminatory practice and requiring the person to take further affirmative action as will effectuate the purposes of this chapter, including but not limited to the power: (A) to restore complainant's losses incurred as a result of discriminatory treatment, as the commission may deem necessary to assure justice; however, this specific provision when applied to orders pertaining to employment shall include only wages, salary, or commissions; (B) to require the posting of notice setting forth the public policy of Indiana concerning civil rights and respondent's compliance with the policy in places of public accommodations; (C) to require proof of compliance to be filed by respondent at periodic intervals; and (D) to require a person who has been found to be in violation of this chapter and who is licensed by a state agency authorized to grant a license to show cause to the licensing agency why his license should not be revoked or suspended.

How Do Lawyers Set Fees?

Posted on April 14, 2009
That Unsettling Feeling from IP Litigation Lawyer & Attorney may not answer that question but it hits some important points: "There are a lot of questions we consider before taking a case and certainly before filing a complaint. Most important is, does the case have merit? Second, are potential damages sufficient to make it worthwhile? Very important is whether the defendant can actually pay if judgment is obtained? However, one question that NEVER gives us any pause whatsoever is, 'will the defendants put up a fight?' Of course they will...

"Interesting" Sexual Harassment Case

Posted on April 13, 2009
I had thought about posting on this case, rejected the idea, and I changed my mind while reading Massachusetts Divorce & Family Law Blog's Corri Fetman, of Sleazy Divorce Ad Fame, Sues Playboy.You may recall that she became famous, and got her position at Playboy, after posing in sexy, provocative photos for a tasteless billboard ad for her Chicago law firm, discussed here previously...

Indiana Age Discrimination Bill Dying?

Posted on April 13, 2009
It will be my guess from reading the following that it will be. I am a bit divided on this in gneral but very much of the opinion that the current law serves no one well. By no, I include particularly businesses.Senate waters down age-discrimination bill | courier-journal...

Eli Lilly Qui tam fraud Settlement

Posted on April 13, 2009
News from Whistleblower Law Blog that I have been remiss about getting published. Remember that qui tam is a government fraud procedure. My ofifce has its first qui tam case underway.Eli Lilly agrees to pay $1.4 Billion in Qui tam fraud involving Zyprexa: "Whistleblowers have a lot to celebrate in the wake of the recent $1...

Small Corporations - Do Not Try This At Home!

Posted on April 13, 2009
Scenario: A closely-held corporation has an offer to be bought.Problem: The buyer wants to keep the existing company name. While there are several options, the problems created by not doing this right have the potential for being huge and hugely expensive...

Something to Think About With Patents

Posted on April 12, 2009
I got Nvidia Countersues Intel as Licensing War Heats Up from PC Magazine. While I do not practice patent law, my purpose here is to emphasize the importance of intellectual property to a business.SAN FRANCISCO (Reuters) - Graphics chipmaker Nvidia Corp countersued Intel Corp for breach of contract on Thursday, alleging that Intel made misleading statements designed to undermine Nvidia's licensing rights...

Swimming in the Deep Water of Policy - IP rights and human rights « Michael Dizon on Law and IT

Posted on April 11, 2009
I doubt my ability to comment on Michael Dizon's Reframing the debate - IP rights and human rights except to suggest reading the whole of his post. From my perspective, it serves as a reminder that proeprty rights are human rights a la John Locke (and a reminder of which always comes to me from Warren Zevon's Mr...

The case against PACER: tearing

Posted on April 11, 2009
The case against PACER: tearing down the courts' paywall - Ars TechnicaIn this feature, Ars takes stock of online access to federal court records in the United States. We'll discuss how the system got where it is today, look at where there's room for improvement, and talk to two experts on open government about the prospects for reform...

Start ups: Something Most Important to Think About

Posted on April 11, 2009
I have discussed entity choice before (follow the label below more articles on start ups), Law for Innovators covers the territory quote well in one article, The Legal Structure of Your BusinessWhen you decide to start a business, one of the first decisions that you must make concerns the legal structure under which the business will operate...

Probate: No Will but Joint Tenancy

Posted on April 11, 2009
What happens if a person has no Will but everything is either in Joint Tenancy or a named beneficiary. The law calls joint tenancy a non-probate transfer. The same with insurance or 401(k) accounts that have a named beneficiary.However, not all property has a title or a contract that creates a joint tenancy or beneficiary...

Model COBRA notices

Posted on April 10, 2009
Thanks to Jackson Lewis for its DOL Issues Model COBRA Subsidy Notices and Forms and the links to the model notice:The United States Department of Labor (?DOL?) today posted on its website model notices and application forms to be used by employer-sponsored health plans and individuals electing COBRA in connection with the American Recovery and Reinvestment Act of 2009 (?ARRA?) COBRA premium subsidy...

Guidelines COBRA Subsidies

Posted on April 10, 2009
Take a look at workforce.com's IRS Releases Guidance on COBRA Subsidies: "The Internal Revenue Service has released eagerly anticipated guidance on the new federal COBRA premium subsidies available to employees who lose their jobs."The guidance, released Tuesday, March 31, resolves numerous questions?such as clarification of situations when laid-off employees are entitled to the subsidy?that employers have been asking for since the subsidy legislation was signed into law in February...

Non-Compete Litigation News from Florida

Posted on April 10, 2009
I think South Florida Business Journal's head line of Hank Asher sued by former company is pretty tame description of what follows:"Reed Elsevier, the Massachusetts-based parent of LexisNexis and Seisint, on Thursday filed a complaint in Palm Beach County Circuit Court, alleging that Asher is violating his non-compete agreement by starting a new company, TLFO, in Boca Raton...

Indiana Foreclosure News

Posted on April 10, 2009
State AG files lawsuit in Delaware County | thestarpress.com | The Star Press"We recognize there is a foreclosure crisis in the country," Zoeller said. "Indiana has tools in place that can help consumers avoid becoming victims of for-profit foreclosure consultants' bad intentions...

Employment Files! Good Advice!

Posted on April 10, 2009
Employee Files- Another Reason to Put Everything in Writing? | PROVISO LAW GROUPMy friend (we?ll call her Nancy) called me the other day because she recently fired an employee (we?ll call her April) for excessive absences and the employee was filing for unemployment benefits from the State...

Court: Don t assume undue influence

Posted on April 09, 2009
Court: Don t assume undue influence by childThe Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence over a parent when analyzing cases involving adult children assisting an aging parent...

Freedom of Information News

Posted on April 09, 2009
FOIA Facts: What Now? | LLRX.comNow that both the President and Attorney General have weighed in with a FOIA Memorandum what will happen now in the exciting world of FOIA processing (I for one think this universe deserves a reality show of its own, but I may be in the minority)...

Small Businesses and Taxes

Posted on April 09, 2009
I received the following notice from the Small Business Administration:This contract research report, "Effective Federal Income Tax Rates Faced BySmall Businesses in the United States," attempts to calculate the averageeffective tax rates faced by small businesses as a result of federal incometaxes...

Trade Secrets and Laid Off Employees

Posted on April 09, 2009
As if businesses do not have enough to worry about with the economy, let me remind them of a perennial problem that may be getting worse with the economy. Don't let laid-off employees walk out the door with the company playbook - 03/23/09"It's estimated that 70 percent of an average business' value is held within its information systems...

Whistleblowers - Checking With the Rigsby Case

Posted on April 08, 2009
Been a while since i had time to post anything on this case and it does look it keeps on going.LegalNewsline | Answers wanted from Rigsby sistersGULFPORT, Miss. - E.A. Renfroe and Co., Inc., is seeking to force the two "whistleblower sisters" to answer questions to which their attorneys objected in a November Hurricane Katrina-related deposition...

Knowledge Discovery Compilation

Posted on April 08, 2009
Another useful tool from LLRX.com - Knowledge Discovery Resources 2009: An Internet MiniGuide Annotated Link CompilationThis Internet MiniGuide Annotated Link Compilation is dedicated to the latest and most reliable resources for knowledge discovery available on the internet...

Office News: New Secretary

Posted on April 07, 2009
If you have not been in the office since the beginning of February, you may not know that I have a new secretary. Her name is Mary Phillips. Be nice to her - she has to work with me.

Start ups: Business Plans and Marketing Strategy

Posted on April 07, 2009
Pay attention here because the Lancaster SCORE has a great website for start up businesses. So take a look at all of the Score Lancaster Blog. During this recession this kind of information is even more important than during more normal days. Business Plan Elements - 5 & 6 is a good example of the information and its quality:An Overall Marketing Strategy would likely include these elements:Market penetration strategy for growing your business...

Consumer Law News: Antitrust and Caskets

Posted on April 07, 2009
Antitrust Case Against Funeral Industry Ailing, But Not Dead Yet - Law Blog - WSJSo we suppose we weren?t entirely surprised when we read this morning of a case taking shape down in Houston, where a group called the Funeral Consumers Alliance have sued the leading casket maker and three major funeral home chains, alleging a nationwide price-fixing conspiracy...

Another Indiana Receivership Case

Posted on April 06, 2009
Good-bye, Today's Bedroom One, The Mattress Gallery and Today's Kids. But what I find most interesting in The Indianapolis Business Journal's Local bedroom retailer to be liquidated is the use of a receivership instead of bankruptcy.The company, TBO LLC, was founded in 1978 and operates 16 retail locations in central Indiana...

Litigation the Ballsy Approach: Psystar and Apple

Posted on April 06, 2009
My subject line's pungency came from reading Ars Technica's Psystar makes small update to Mac clone, Apple fumesDespite a pending lawsuit with Apple, Mac clone maker Psystar has released an update to its lineup, further showing its commitment to its line of computers running Mac OS X...

Indiana Franchising Law - New Bills Dies in General Assembly

Posted on April 05, 2009
So reported The Indianapolis Business Journal in Dealers seek brand security - Auto sellers want refuge from industry fallout, but trio of bills have fallen flat at StatehouseThe bills backed by the Automobile Dealers Association of Indiana would have required automakers to buy back cars and parts when terminating dealers and to pay their rent for up to two years...

Consumer Law: Funeral Homes in the News

Posted on April 04, 2009
Probably not a good statistic for funeral homes or for consumers: One in four funeral homes not playing by the rulesThe two locations with the most violations were Northeastern Arkansas, where 73% had serious violations, and San Antonio, where 64% flunked, the FTC reported...

Indiana Court Forms and Rules

Posted on March 24, 2009
LLRX. com has a page devoted to Indiana courts - their dockets, rules and forms - here. This includes both federal and state courts.

Knowledge Discovery Resources 2009:

Posted on March 22, 2009
Knowledge Discovery Resources 2009: An Internet MiniGuide Annotated Link Compilation | LLRX.comThis Internet MiniGuide Annotated Link Compilation is dedicated to the latest and most reliable resources for knowledge discovery available on the internet...

Employee Discipline Best Practices

Posted on March 10, 2009
Employers read workforce.com's Best Practices in Documenting Employee Discipline by Thadford A. Felton. He gives the following as the ten key ingredients with commentary on each. Well worth reading. 1. Have an employee discipline form. 2. Conduct a full and fair investigation...

Changes Coming to Bankruptcy Law?

Posted on March 09, 2009
Homeowner Rescue Bill Passes House - washingtonpost.comThe bill, a package of housing-related initiatives, passed 234 to 191, largely along party lines. It now heads to the Senate, where it will face a tougher fight but has the backing of some powerful members...

YouTube Changing Copyright?

Posted on February 18, 2009
Eventually, YouTube might affect cxopyright law. I think everyone agrees the Internet has put incredible strain on copyright law. The ABA Journal - Law News Now published Copyright in the Age of YouTube which examines the issue at soem length: "The ruling is part of a lar­g­er legal struggle over who should bear the burdens of stopping online copyright infringement...

Top Legal Blogs - Avvo Blog

Posted on February 18, 2009
Let me remind my readers that these top blog lists are pretty much unscientific. For example, take a look here. I am even more convinced of this, if not also a bit flattered, when I see this blog listed in Top Legal Blogs - Avvo Blog:"Ever wonder what exactly goes into those top legal blog (blawg) lists floating around? We have, so in line with Avvo?s commitment to transparency, we threw together this auto-updating list of over 300 legal blogs ordered by their Alexa traffic ranking...

Tips on being diplomatic

Posted on February 17, 2009
Initially, Domestic Diversions, Say the right thing: 10 ways to defuse conflict and promote harmony, has little to do with business law but I suggest looking again:1. ?Thank you for your opinion. I?ll think about it.?2. ?Is this a good time for you??3...

Overtime Wages-

Posted on February 17, 2009
Pay attention to The Forgotten Overtime Exemption from workforce.com:Much less well known is the overtime exemption set forth in Section 7(i) of the Fair Labor Standards Act. Limited to retail or service establishments, this exemption focuses not on the duties of the employee, but on how the employee is paid...

Veterans and Employment Law

Posted on February 17, 2009
Something worth checking out from the federal Department of Justice -Safeguarding the Rights of Servicemembers and Veterans HomepageThe Department of Justice, in partnership with other federal The Department of Justice, in partnership with other federal agencies, is committed to supporting you by enforcing the federal laws that protect your civil rights...

Update on Bratz case

Posted on February 17, 2009
An update on a case I wrote about here. From Corporate Counsel Center - News: "RIVERSIDE, Calif. (AP) - The judge who barred MGA Entertainment Inc. from selling or making its popular Bratz dolls agreed Tuesday to extend a deadline he set for the company to take the products off store shelves...

Trade Secrets Blog: The Microsoft Mole

Posted on February 16, 2009
From Trade Secrets Blog, one of the stranger trade secrets stories, Trade Secrets and the Mole at Microsoft: "From the Seattle Post-Intelligencer, an almost bizarre story concerning the CEO of a software company, Ancora Technologies, who went to work for Microsoft claiming that Ancora was no longer in business...

Economic Stimulus Bill Adds COBRA Subisdy

Posted on February 16, 2009
Employers pay attention to this news from Jackson Lewis - Economic Stimulus Bill Adds COBRA Obligations for Employers: "First, the Act will provide a COBRA premium subsidy for certain individuals who were involuntarily terminated during a certain period of time...

Indiana Open Door Law

Posted on February 16, 2009
I missed the news that the Indiana General Assembly intends to add a fine to our Open Door Law. The Indiana Law Blog's "Obey open records law, or else". Having once heard Anderson's City Attorney refer to an open door law violation as a technicality (and this was in court!), I wish I could be more optimistic.

Another employee stealing trade secrets

Posted on February 15, 2009
From The South Florida Sun-Sentinel comes a trade secrets theft case with a twist.Keys marine worker accused of stealing trade secrets: "ISLAMORADA - An employee of a marine services company on Plantation Key is accused of stealing trade secrets from her workplace and giving them to her boyfriend, a potential competitor of the business...

Start Ups: Subchapter S or C-Corporation Status

Posted on February 14, 2009
For a long time I have debated with an accountant friend whether Subchapter S is really necessary for a new corporation. My starting point has been that the tax savings for a Subchapter S do not exist unless you have a C-Corporation paying dividends. Let me now addVenture Capital investments in C-Corporations from LearnVC...

Trade Secrets: ClearOne Gets Broader Preliminary Injunction

Posted on February 14, 2009
Here is the news:ClearOne Granted Expanded Preliminary Injunction Order in Federal Trade Secret Misappropriation Case, Prohibiting Use, Sale or Marketing, of Wideband Solutions, Inc.s' Infringing Products: " SALT LAKE CITY, Feb. 5 /PRNewswire-FirstCall/ -- ClearOne (Nasdaq: CLRO)...

Freedom of Information News

Posted on February 13, 2009
LLRX.com reports on new FOIA rules.FOIA Facts: New FOIA Provisions Take Effect:As the year from its passage has elapsed, all sections of the FOIA amendments of 2007 are official FOIA law. Two of the sections did not go into effect until this year. This article discusses these two sections (Section 6 and 7) of the OPEN Government Act of 2007 and the problems that will be encountered by requesters in trying to use these sections to their advantage...

Papermaster Wrapped Up

Posted on February 13, 2009
Here is how it end: Apple And IBM Resolve Employment Dispute; Papermaster Can Now Get To Work:"Well, now he can finally go make future iPhones and iPods for Apple. The two companies have settled out of court. It kind of makes you wonder why companies even bother with non-compete clauses in employment contracts, especially when they are overly broad...

End of Liquor Distributor Monopoly?

Posted on February 13, 2009
I say it is highly likely from reading the following from the IBJ:The nation?s largest liquor distributor is suing the state in hopes of overturning an arcane law that requires distributors doing business here to be owned by Indiana residents.Southern Wine & Spirits of Indiana Inc...

Indiana Wine Case Going to U.S. Supreme Court?

Posted on February 12, 2009
This from The Indiana Lawyer of February 9.SCOTUS asked to take Indiana wine caseThe Supreme Court of the United States is being asked to consider the constitutionality of Indiana's wine shipping law, which requires in-person contact before any direct delivery is allowed...

Trade Secrets: Business Loses

Posted on February 12, 2009
From Los Angeles Business Journal Online "International Rectifier Corp. lost its battle with ousted chief executive Alexander Lidow when a Los Angeles federal judge dismissed its lawsuit over alleged theft of trade secrets.The El Segundo maker of power management chips filed the suit in September, alleging that Lidow engaged in an ongoing criminal enterprise ? also known as a racketeer influenced and corrupt organization, or Rico ? by stealing information and intellectual property related to the company?s $60 million secret research...

Problems at the EEOC

Posted on February 12, 2009
Is any surprised by this headline from The Washington Post: EEOC Struggles With Huge Workload, Diminished Staff? I suspect that we have the same problem with our Indiana Civil Rights Commission (I see they are no longer hosting an Continuing Legal Education programs)...

New Record Whistelblower Settlement

Posted on February 09, 2009
Record $24.7M Qui Tam Settlement in Medicare Case | ABA Journal - Law News NowTwo registered nurses who blew the whistle on an alleged Medicare fraud by a major hospice provider have sparked a record $24.7 million settlement with the U.S. government by their former employer, from which the RNs themselves will get $4...

New Security Deposit Case for Landlords

Posted on February 09, 2009
A case tenants need to read.High court rules on landlord-tenant disputeLandlords must refund a security deposit and can't get money back for property damage if they don't adequately or timely notify tenants about those claims, but landlords can still recover unpaid rent and other losses, the Indiana Supreme Court ruled today...

New I-9 Forms delayed

Posted on February 03, 2009
Jackson Lewis - Department of Homeland Security Postpones New Form I-9 to April 3, 2009The Department of Homeland Security (DHS) announced January 30, 2009, it is postponing the proposed February 2, 2009, effective date of the new Form I-9 rule to April 3, 2009...

Trademarks and Cigars

Posted on February 01, 2009
Both are interests of mine but I wish I could find more time to read Cigar Law.What I am finding as interesting as the subject matter is the style. The writer is managing to get actual PDF documents into Blogger using Scribed. Now that is a feature I will have to check out and see what I can do for this blog!

Decision on Ringtones and Copyrights

Posted on February 01, 2009
U.S. Copyright Office -115 ReviewThe Register of Copyrights has issued her decision identifying and correcting erroneous resolutions on material questions of substantive law under title 17 that underlie or are contained in the Copyright Royalty Judges' final determination regarding adjustment of reasonable rates and terms of royalty payments for the making and distribution of phonorecords of musical works, Docket No...

Australia Court Okays Service Through Facebook

Posted on January 30, 2009
Reading the ABA Journal - Law News Now's In Seeming First, Aussie Court Says Default Judgment Can Be Served on Facebook, I am not at all sure how Indiana courts would deal with this issue. "Updated: In an apparent first in Australia and, possibly, the world, a judge has OK'd a plan to serve a default judgment on a non-appearing defendant via a social networking website...

Trade Secrets - Protecting Your Business

Posted on January 30, 2009
I am not a security expert or a computer experrt.I am only a lawyer with a big interest in trade secrets. The key to a successful trade secrets case lies in protecting your secrets. Read PC Magazine's The Best Apps: Business Security - The Best Apps for Business Security and then take it to your IT guy:Whatever the focus of your small business?whether you deploy durable doohickeys, sell superior services, or weave wondrous widgets?nothing is more valuable than your data...

The Paycheck Fairness Act

Posted on January 29, 2009
A heads up for everyone about The Paycheck Fairness Act.First, from Labor Law Center Blog is House Passes Paycheck Fairness Act: "The U.S. House of Representatives recently passed the Paycheck Fairness Act, an amendment to the FLSA or federal Fair Labor Standards Act...

Business Prenup

Posted on January 29, 2009
I wrote about business prenups in More prenuptials for businesses and now I have found another writer on the same subject with Got a Business?Get a Prenup:Business owners look forward to "prenups"--whether with a spouse or a business partner--with about as much eagerness as a rectal exam...

Snow Day and Goofing a Bit

Posted on January 28, 2009
After hazarding the streets of Anderson at 6:00 am with the wife's Ford Focus and my rather long post on Preventive Law, I thought why not goof off a bit by blogging about blogs. Beats going outside again.First, the American Bar Association announced its best blawgs earlier this month (I hate using blawgs to describe law related blogs but the ABA uses the term...

Thoughts on Strategy, Preventive Law, Rambo Lawyers and Sun Tzu

Posted on January 28, 2009
I wrote about applying Sun Tzu to legal matters in Protecting Your Business and Going to Court. Sun Tzu was an ancient Chinese general who wrote the Art of War. Today, I am writing about litigation and preventive law and why preventive law is the best legal strategy for a business...

Trade Secrets: Papermaster Case Comes to An End

Posted on January 28, 2009
Just saw this tonight from PC Magazine:A legal dispute between Apple and IBM over a former IBM employee hired to serve as Apple's new senior vice president of devices hardware engineering has been resolved, Apple announced Tuesday. Mark Papermaster will start work on April 24, reporting to chief executive Steve Jobs, who is currently on a six-month health-related hiatus...

Indiana and Small Businesses

Posted on January 27, 2009
Just some news and statistics from the SBA (the tables did not come through) but I doubt that the numbers will bear today's reality:Indiana's 483,848 small businesses provideeconomic opportunities to diverse groups ofpeople and bring innovative products andservices to the marketplace...

WikiPatents

Posted on January 26, 2009
I do not practice patent law. I want to make clear that I am not endorsing or even evaluating this site. Here is its description:The WikiPatents Community contributes to the US patent system by reviewing issued patents and pending patent applications...

English Reports (1220-1873) and the World Legal Information Institute

Posted on January 26, 2009
All this has nothing to do with Indiana law except that our roots go back to England. I know how far a stretch that is. Actually, I thought it was pretty cool stuff that I could post till I get more substantial stuff ready to publish.The English Reports (1220-1873) are here...

Dealing with Collection Agencies

Posted on January 24, 2009
You got to educate yourself about dealing with collection agencies. I had a call this past week which might have been a good FDCPA suit except that the caller muffed the time frame for taking action. Many other cases depend on the consumer knowing what to do before calling me (or another lawyer)...

Starting a New Business?

Posted on January 21, 2009
I had not learned of the Striking Up Blog until last week, but I am impressed with what I have seen. Like everyone else, the current economy has me dour but I also know this creates an opportunity. Which is reading 10 Stages To Educate You About Your StartUp is a good idea:"It?s Christmas and we thought it was the best time of the year to release out startup series! In this series, you?ll be taught how to start up a startup business of your own...

Protecting Your Business and Going to Court

Posted on January 20, 2009
I wish I could get every client to memorize this paragraph from Striking Up's Protect Your Intellectual Property:I don?t condone suing others consistently. Sue to win. If you don?t think you?ll win, better hold off that thought and put your effort and energy on other things instead of thinking about war in the courtroom with others...

Following up on "Tips for an EEOC Mediation"

Posted on January 20, 2009
Workforce.com published its second installment about EEOC mediation tips, 10-Plus Tips for Succeeding in an EEOC Mediation: Part Two . I suggest you read it. I wrote up the first installment under Tips for an EEOC Mediation.

Book Notice- ?Appetite for Self-Destruction,? by Steve Knopper - The Modern Music Bus

Posted on January 19, 2009
I think this is the first time I note a book review on this blog, but this caught my eye. Having posted a few times on the RIAA's lawsuits, I took When Labels Fought the Digital, and the Digital Won from the New York Times reviews ?Appetite for Self-Destruction,? by Steve Knopper as about those lawsuits...

Trademarks: Phase 10 Goes to Court for Copyright Infringement

Posted on January 19, 2009
Inventor?s lawsuit sets up high-stakes fightIn the world of card games, Phase 10 is a whale. About 3 million copies of the rummy variation are sold each year, second only to Uno. The game has been the top seller for Plainfield-based Fundex Games Ltd. for years...

Following up on "Indy Strippers Sue Over Wages"

Posted on January 12, 2009
The Indiana Lawyer reports the dancers of my Indy Strippers Sue Over Wages have been certified as a class for a class action suit, Court certifies exotic dancer suit as class action:"Anyone who danced in the past three years at one Indianapolis strip club embroiled in a lawsuit over minimum wage may be able to collect on unpaid wages, ruled a District Court judge Wednesday...

Trade Secrets: Pfizer Hit for $38 million

Posted on January 12, 2009
Pfizer ordered to pay for stealing drug secretsA Santa Clara County jury has ordered drugmaker Pfizer to pay $38 million to a leading medical research nonprofit for stealing trade secrets to develop a pain relief drug.***The Superior Court jury reached the verdict Monday in a 2004 lawsuit filed against Pfizer by the San Bruno nonprofit Ischemia Research and Education Foundation...

Start ups: Indiana Venture Capital

Posted on January 12, 2009
Some slightly delayed business news from The Indianapolis Business Journal:BioCrossroads is setting the stage to create Indiana Future Fund II, an effort that would raise tens of millions of dollars for speculation on promising Hoosier life science companies...

Employment law - Practical Tip on Dealing With a Discrimination Charge

Posted on January 09, 2009
Workforce.com provides A Few Practical Tips on Responding to a Discrimination Charge. Remember that federal jurisdiction under Title VII begins at 14 employees. Don?t panic when you receive a discrimination charge. Most people practicing in this area, including the investigators, would agree that the large majority of the charges filed will be found to be "without reasonable cause", meaning that the investigating agency will determine there are insufficient facts to support the allegations...

Lawyer Referral Service Indianapolis

Posted on January 08, 2009
While not a member, I think this may be a useful resource for non-lawyers in Marion County. The Indianapolis Bar Association provides the follwoign information about its lawyer referral service:Call 8:30 a.m.-4:30 p.m. Monday through Friday for a referral by phone at (317) 269-2222...

Trade Secrets - A Doozy of a Case

Posted on January 07, 2009
How else to describe what happens when a company depends on information from its competitors for defending against a Federal Trade Commission complaint?UPDATE: Grocer Loses Bid To Keep Trade Secrets Away From Whole FoodsThe FTC is seeking to undo Whole Foods' 2007 acquisition of rival Wild Oats Markets Inc...

Consumer Safety Database a Problem for Trade Secrets?

Posted on January 06, 2009
Toxic Tort Litigation Blog writes about several problems with the pending database from the Consumer Product Safety Commission. While the post,CPSC's New Database: An Opportunity for Abuse?, covers a lot of territory, the following points about trade secrets interested me:The Consumer Product Safety Improvement Act of 2008 ("CPSIA") provides that the Consumer Product Safety Commission ("CPSC") will establish and maintain an Internet database on the safety of consumer products...

A little about absinthe

Posted on January 06, 2009
Having written about some of the legal issues of absinthe here and here, I thought I should note The Diluted Mystery of Absinthe from The New York Times that gives a more business-oriented view of the product:Now it is legal, and so we are in the midst of what appears to be an absinthe mini-craze...

New Business Blog - Executive Women's Networking Blog

Posted on December 28, 2008
Thanks to Inter Alia Blog for tipping me off about the Executive Women's Networking Blog. I guess it has been a while since I posted about business blogs. While not geared towards me, I think it will be helpful to some of my females readers. Give it a look.

Funeral Home Rule and Crematories

Posted on December 26, 2008
The Federal Trade Commission has a new opinion letter on how the Funeral Home Rule applies to crematories. You can reach this letter (which is in PDF format) here.The letter ends with the usual disclaimer of opinion letters:As you know, the views expressed in this letter are those of the FTC staff...

What notice does an employee have to give an employer for FMLA leave?

Posted on December 26, 2008
If the need is foreseeable, then read 29 CFR 825.302 from the federal Department of Labor.

Merry Christmas and a Note for My Subscribers

Posted on December 25, 2008
I want to wish my readers a Merry Christmas (or Hanukkah) and a prosperous New Year.For my subscribers, I want you to know that you are foremost in my mind when I write these posts. Any feedback is more than welcome. You will also see some developments with this blog over the next month (if all goes as I plan, but then no later than February) as I intend to keep this blog solely for my business related articles...

Tips for an EEOC Mediation

Posted on December 23, 2008
div align="justify"I am sure no one wants to think of employment problems over the holidays - except lawyers, of course. So take a look at emworkforce.com/em's a href="http://www.workforce.com/section/03/feature/25/74/21/"strongem10-Plus Tips for Succeeding in an EEOC Mediation: Part One/em/strong /aafter the New Year's parties:br /br /blockquote"Simmering-pot employees have turned off, left the organization prematurely,br /sabotaged their companies or gone out on extended stress leaves...

Is The War Between the RIAA and Music Fans Over?

Posted on December 23, 2008
RIAA to Stop Suing Over Music Downloads; ISPs are New Copyright Cops | ABA Journal - Law News NowEnding a controversial enforcement effort in which it appeared to be fighting something of a losing battle, the Recording Industry Association of America says it will stop suing consumers over illegal music downloads via the Internet...

Computers making guarding precious

Posted on December 23, 2008
Computers making guarding precious information a challenge - Jacksonville's Financial News & Daily Record?It?s a big risk for companies, not just disgruntled employees but companies that are downsizing as well,? said Chanley Howell, a partner with Foley & Lardner who specializes in data security and privacy law...

Trade Secrets: A Survey of Recent Cases

Posted on December 23, 2008
Actually a shout out to Traverse Legal for its posts such as Trade Secret Attorneys: Recent Trade Secret Issues across the World Wide Web. This blog is turning into a good clearinghouse of trade secret and non-compete news.

Employee Rights and Responsibilities under the Family and Medical Leave Act

Posted on December 23, 2008
The federal Department of Labor has a new Employee Rights and Responsibilities under the Family and Medical Leave Act poster here.The Department of Labor also passed on this information:The Department has provided optional forms for use by employers and employees during the FMLA process...

Pa. Right-to-Know law contains 30 exceptions - The York Daily Record

Posted on December 23, 2008
Pa. Right-to-Know law contains 30 exceptions - The York Daily Record: "Pennsylvania's new Right-to-Know Law contains exceptions for 30 categories of records. Most do not apply to financial records or aggregated data, such as spreadsheets and databases...

Trade Secrets Tips

Posted on December 22, 2008
div align="justify"emHappy Business/em has a href="http://happines-business.blogspot.com/2008/12/nine-trade-secrets-you-should-keep-to.html"strongemNine Trade Secrets You Should Keep To Your Self/em/strong/a which are well worth reading and probably ought to be printed and put on your desk...

Whistleblowing in Indiana - When an Employee Can Get Fired

Posted on December 21, 2008
The Indiana Lawyer published Man not fired for being whistle-blower a while back but I have not had time to write up a post on the case. First, you will find the IL report and then my comments on the actual opinion follows.In Donald A. Bregin v. Liquidebt Systems Inc...

Employment law: A Termination Checklist

Posted on December 20, 2008
span style="font-style: italic;"workforce.com/span published a style="font-weight: bold; font-style: italic;" href="http://www.workforce.com/archive/article/22/00/94.php"Termination Checklist/a developed by Yvonne Mug. The article describes Ms. Mug as the HR manager for Summit Industries...

div xmlns='http://www.w3.org/1999/xhtml'a

Posted on December 20, 2008
div xmlns='http://www.w3.org/1999/xhtml'a href='http://74.219.68.10/ilemg/ILEmails/2008_12_19_ILDaily_Standard/Articles/2959.htm?1=1amp;EGEmailID=465amp;PublicationID=1amp;PublicationDesc=Indiana%20Lawyer%20Dailyamp;EmailType=Standard'Court remands to recalculate attorneys fees/abr/blockquoteThe Indiana Court of Appeals affirmed the eviction of a renter and an award of damages in favor of her former landlord, but it reversed the amount of attorneys' fees she has to pay because the trial court's rationale in determining the amount was insufficient...

So You Want to Start a Band - Music Contract

Posted on December 19, 2008
When I was much, much younger I had friends in bands. I think they might have wanted Music Contract - Band Members Agreement from musiccontract.co.uk:"So what is this music contract known as the ?Band Members Agreement??"Well it can outline in advance what roles the band members play in its future...

Trade secrets: Bad Deal Leads to Trade Secrets Suit

Posted on December 18, 2008
WE have something different in Southeast Texas Record's a href="http://www.setexasrecord.com/news/216243-texas-company-claims-bad-faith-deal-led-to-theft-of-trade-secrets-patent-infringement" span style="font-style: italic;"Texas company claims bad faith deal led to theft of trade secrets, patent infringement/span/a...

Furniture and patents - a new blog

Posted on December 18, 2008
I mentioned yesterday that I do love a good trademark fight. Womble Carlyle provides us with more trademark and patent fights in the furniture business with its a style="font-weight: bold; font-style: italic;" href="http://womblefurniturelaw.blogspot...

Need to Talk to a Lawyer?

Posted on December 17, 2008
Mark down January 19span class="blsp-spelling-error" id="SPELLING_ERROR_0"th/span for 'Talk to a Lawyer Today'. This comes from span style="font-style: italic;"The Indiana Lawyer/span's a style="font-weight: bold; font-style: italic;" href="http://74...

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Posted on December 17, 2008
div xmlns='http://www.w3.org/1999/xhtml'a href='http://www.workforce.com/archive/feature/25/56/15/index.php'The Forgotten Overtime Exemption | workforce.com/abr/blockquoteMuch less well known is the overtime exemption set forth in Section 7(i) of the Fair Labor Standards Act...

Trade Secrets: Study Started on Their Utility

Posted on December 17, 2008
a href="http://www.bizjournals.com/kansascity/stories/2008/12/08/daily37.html"strongemKauffman Foundation starts $10M study of innovation, growth/em/strong/a came from the emKansas City Business Journal/em :br /blockquotediv align="justify""? Money for the Stanford Intellectual Property Litigation Clearinghouse, an online database that offers comprehensive information about intellectual property disputes in the United States...

Trademarks: Barbie Beats Bratz

Posted on December 17, 2008
I do like a good trademark fight. span style="font-style: italic;"The London Times Online/span reports a href="http://business.timesonline.co.uk/tol/business/industry_sectors/retailing/article5294026.ece"span style="font-weight: bold; font-style: italic;"Barbie triumphs over span class="blsp-spelling-error" id="SPELLING_ERROR_0"Bratz/span in court battle/span/a:br /br /div style="text-align: justify;" /divblockquotediv style="text-align: justify;""An uneasy peace returned to the dolls' house this week after a prim and proper Barbie finally repelled a four-year siege by an unruly gang of gatecrashers called span class="blsp-spelling-error" id="SPELLING_ERROR_1"Yasmine/span, Chloe, Sasha and Jade...

Indiana Bankruptcies Up

Posted on December 17, 2008
Is news of more bankruptcy filings in Indiana any real surprise? a style="font-weight: bold; font-style: italic;" href="http://74.219.68.10/ilemg/ILEmails/2008_12_16_ILDaily_Standard/Articles/2939.htm?1=1amp;EGEmailID=462amp;PublicationID=1amp;PublicationDesc=Indiana%20Lawyer%20Dailyamp;EmailType=Standard"Bankruptcy filings up in Indiana/a comes from span style="font-style: italic;"The Indiana Lawyer/span:br /div style="text-align: justify;"/divblockquotediv style="text-align: justify;""Bankruptcy cases in federal courts have increased more than 30 percent in the fiscal year ending in September as compared to the 2007 fiscal year...

How far will FAR go with Katrina? New disclosure rules cover three year period after final payment on federal contracts. « slabbed

Posted on December 17, 2008
span style="font-style: italic;"slabbed/span continues its examination of the Rigsby ssiters and the Katrina qui tam cases with a style="font-weight: bold; font-style: italic;" href="http://slabbed.wordpress.com/2008/12/08/how-far-will-far-go-with-katrina-new-disclosure-rules-cover-three-year-period-after-final-payment-on-federal-contracts/"How far will FAR go with Katrina? New disclosure rules cover three year period after final payment on federal contracts/a: "br /div style="text-align: justify;"blockquoteObviously, the Rule will impact qui tam claims in the future and may have an impact on the claim filed by the Rigsby sisters...

Lucky Not to Sell Alcohol in Scotland

Posted on December 17, 2008
I freely admit a bias: the spirits trade bring out the silliest in government regulation. span style="font-style: italic;"THE FIRM/span'sa href="http://www.thefirmmagazine.com/features/438/More_tea,_vicar?.html" span style="font-weight: bold; font-style: italic;"More tea, vicar?/span/a provides a Scottish example:br /div style="text-align: justify;"blockquote "Those of you involved in advising licensees will know that there are very strict new regulations governing the display of alcohol in off sales premises to prevent alcohol harm...

Indiana Businesses and Property Tax Appeals

Posted on December 16, 2008
The Indianapolis Business Journal's Appeals pay off for biz owners Over 1 in 4 assessments challenged needs read not only for businesses in Marion County but throughout Indiana.More than one in four Marion County commercial and industrial property owners has appealed its property tax assessments this year, and the challenges often are paying off in a big way...

Court: Lawyer necessary in federal litigation

Posted on December 16, 2008
From The Indiana Lawyer comes another reminder that you really do need a lawyer in federal court - Court: Lawyer necessary in federal litigation:"Although the 7th Circuit Court of Appeals affirmed the convictions of a defendant and his company for violations of the Clean Water Act in an unpublished opinion today, the appellate court wrote a separate opinion to discuss the issue of whether a limited liability corporation can proceed pro se in federal litigation if an attorney had already worked on the case...

About those New ADA Laws

Posted on December 15, 2008
workforce.com asks Are You Ready for the ADA Amendments Act of 2008?:"Kidding aside, employers need to be aware that the standard for what is classified as a disability has been altered significantly. There could be an initial wave of litigation aimed at companies to test the new boundaries of the amendments, so it?s critical that employers are prompt and thorough in managing employment processes and are fully educated on the new compliance requirements...

How to Protect Yourself From a Customer Close to Bankruptcy

Posted on December 14, 2008
MarketWatch had a very gloomy headline last week: More Tribunes, Lehmans likely in coming months. The truth contained in that headline makes it even gloomier.Considering the talk - if not the pushing - of the Big three Automakers towards bankruptcy court, this drive towards bankruptcy seems likely...

Bankruptcy Conference - Chicago in April

Posted on December 14, 2008
The following information came to me via e-mail: Seventh Annual DePaul Business & Commercial Law Journal Symposium Into the Sunset: Bankruptcy as Scriptwriter of the Dénouement of Financial Distress Thursday, April 16, 2009 10:30 a.m. ? 5:00 p.m...

Indiana law Blogs

Posted on December 08, 2008
I ran across a few new - to me - Indiana law blogs that might be of interest here.First, Harrison & Moberly publishes a blog here. Not a very extensive list of archives, no RSS feed, and it does seem mostly to be a repository of the firm's employment law newsletters...

Garden Leave: A checklist

Posted on December 08, 2008
Consider this checklist as a work in progress. New cases may come along and change the questions or create new questions.1. Does the position have a salary or is it commission only? a. If salary, the go to 3 b. If commission only, then go to 2...

Hitting Back at The Record Companies

Posted on December 07, 2008
I admit the music downloading cases are not part of my practice but they are so interesting that I cannot ignore them either. (See my earlier posts here and here and here for examples.) lexisONE(R) supplied Law Professor Fires Back At Song-Swapping Lawsuits:A Harvard Law School professor has launched a constitutional assault against a federal copyright law at the heart of the industry's aggressive strategy, which has wrung payments from thousands of song-swappers since 2003...

Patent and Trademark Glossary

Posted on December 06, 2008
The federal Patent and Trademark Office has an online glossary of legal terms. I find this interesting on several levels. Mark it down as a useful too.GlossaryAn alphabetized, hyperlinked glossary of terms used on the USPTO web site and a continual "work in progress"- suggest terms for the glossary to the webmaster@uspto...

Attorney fees and Frivolous/Bad Faith Litigation

Posted on December 06, 2008
I try not to discuss Not-For-Publication cases. We cannot cite them as law and that tends to confuse the non-lawyers who stop by here. They can be handy for locating cases that we can use for precedent. Also, I think they can be useful in and of themselves...

Small Businesses - Tips for The Hard Times

Posted on December 05, 2008
All right, I cannot think of another phrase that describes our economy so well as this: it sucks. I offer these posts as examples of what is good about being a small business owner right now.From The Pinque, Inc. Diaries:It's a great time to be a small business owner!Despite what they've been telling you, it's a great time to own a small business...

Small Businesses - Tips for The Hard Times

Posted on December 04, 2008
For anyone who is not being affected by the current economic crisis, I commend your luck and good fortune. I have been seeing a decline in my business for the past two months. As a former partner of mine used to say, lawyers get paid with after tax dollars and that makes us sort like a canary in the coal mine when it comes to economics...

Should Startups Patent Their Inventions

Posted on December 04, 2008
Until I read IPWatchdog.com's Don't Get A Patent? Plainly Ridiculous! I had no idea that anyone would advise businesses that they do not need patents.Increasingly on the Internet invention advertising is taking an odd and seemingly inexplicable turn toward advising independent inventors to not seek patent protection, which is undeniably bad advice that will undoubtedly cause much disappointment and heart break for those who actually follow it...

Avoiding Lawsuits When Hired by a Competitor

Posted on December 03, 2008
Network World's How to Avoid Getting Sued by a Former Employer focuses on the IT worker but its general advice is not something that any employee being hired by a competitor should ignore.I also think there are some good pointers here for employers. Litigation costs run in both directions...

Trade Secrets - How to Handle Information

Posted on December 02, 2008
Since the business owner must protect their trade secrets for a successful trade secrets case, I suggest reading The Financial Post's Andrew Crane discusses how to manage competitive intelligenceBut it's not just in the glamorous high-stakes world of F1 where the spectre of industrial espionage raises its head...

Trade Secrets: More Papermaster, IBM and Apple News

Posted on December 01, 2008
I find this case is staying interesting. For example, as MacWorld reports in IBM posts $3 million bond in Papermaster lawsuit the case has some points that apply generally.The $3 million bond was put in place to pay Papermaster should the court decide IBM?s case is without merit and the injunction against Papermaster shouldn?t have been granted...

Starting a Business with a Partner?

Posted on November 30, 2008
Let me say I am not using partner in its technical sense. I know of small corporations where they speak of one another as partners. I do not know many lawyers who like the idea of a partnership compared with a corporation or a limited liability company...

Family and Medical Leave Act U.S. Department of Labor Final Rule

Posted on November 29, 2008
New from the U.S. Department of Labor, its FMLA, Final Rule: "The revised Final Regulations (PDF) respond to over 4,600 public comments received in response to the Department?s February 2008 Notice of Proposed Rulemaking (NPRM) (PDF) , which proposed changes to the current FMLA regulations...

Federal Trade Commission exploring the evolving market for intellectual property

Posted on November 29, 2008
That is what I get out of this notice from the GPO under FR Doc E8-27673. Not that I can be there but surely this deserves some attention. Do mortgage derivatives come under intellectual property? (Pardon my sarcasm). Being deadly serious: intellectual property underlies all that tangible property we sell to ourselves and to other companies...

Employment Law: New Regulations Proposed for Uniformed Services Employment and Reemployment Rights Act

Posted on November 28, 2008
Notice of Rights and Duties Under the Uniformed Services Employment and Reemployment Rights Act [Rules and Regulations] [12/19/2005]: "SUMMARY: On March 10, 2005, the Veterans' Employment and Training Service (VETS) of the Department of Labor (Department or DOL) issued an interim final rule to implement a requirement of the Veterans Benefits Improvement Act of 2004 (VBIA), Public Law 108-454 (Dec...

Indiana Venture Capital Shutting Down But There is Good News

Posted on November 28, 2008
The Indianapolis Business Journal reported Indiana Venture Center shutting downThe Indiana Venture Center, a local not-for-profit that mentors Hoosier entrepreneurs and startup companies, is shutting its doors. President Jim Eifert announced today that it will end operations Dec...

Trade Secrets and Whistleblowers: Partial Following up on the Rigsby Sisters.

Posted on November 28, 2008
I wrote about the Rigsby sisters in Trade Secrets Meets Whistleblower Law. I see that Slabbed has added another article on the subject: The Scheme ? the best place to hide a needle (Chapter 1). Also Wordpress has a lsiting of blogs on the Rigsby sisters and qui tam.

Tips on Protecting Your Trade Secrets

Posted on November 27, 2008
I found Keeping Your Rivals From Minding Your Business in The New York Times and realized I had a follow up to my post Trade Secrets: What Happens When Sending Secrets by E-mail. Among the article's suggestions that I think apply most to trade secrets issues:HANG ON TO YOUR LAPTOP In a survey by RSA Security, 10 percent of the respondents acknowledged they had lost their laptops or cellphones at some point...

Alcoholic Beverages: Brewery Blogs

Posted on November 26, 2008
I know the posts here about alcoholic beverages have been few and far between. Frankly, several things have kept me from pursuing this area of law as much as I expected when I started this blog. It will be a New Year's Resolution to do something about developing this practice area next year...

Online resource for the Lawyers - Free Research Sites

Posted on November 26, 2008
Thanks to Robert Ambrogi's article, Tour the Legal Web's New Sites for the heads up on Quest and the review of Lexis Web. I had run into Lexis Web earlier. Here is the whole of Ambrogi's review:LexisNexis has launched a beta version of its Web search tool, called Lexis Web...

Your Federal Tax Dollars at Work: The FTC's Division of Marketing Practices

Posted on November 23, 2008
The Pacific Daily News' Agency protects consumers from marketing scams has a good description of the Federal Trade Commission's Division of Marketing Practices. The Division of Marketing Practices touches on many busienss and should be of great interest to all consumers...

Thinking About Terminating an Employee?

Posted on November 22, 2008
Think about why you are firing the employee. Why? Think about the following from the workforce.com's ADA 'Association' Claim:"The U.S. Court of Appeals for the 10th Circuit in Denver reversed, holding that the Trujillos raised a reasonable inference of PacifiCorp?s discriminatory motive to establish a prima facie case of association discrimination...

Great Post for Start Ups

Posted on November 21, 2008
Even better title is Wisconsin Business Law and Litigation's Starting up means more than showing up.All I can say is check it out and watch the videos.

Why Does a Business need a Buy-Sell Agreement?

Posted on November 21, 2008
My first, smart-alecky answer to my question is for the same reason as for getting a prenuptial agreement before a marriage. Except that no want to consider the failure of a marriage while business failures occur daily. Some failures occur because of no buy-sell agreement...

Trademarks and Web Pages

Posted on November 20, 2008
Thanks to Wisconsin Business Law and Litigation Blog for leading me to Secret Trademark Violations. I thought this subject had been decided a while back as being a bed idea. I guess no idea, no matter how bad, ever goes away if it promises some profit...

Is Your Business Insured Against Employee Lawsuits?

Posted on November 19, 2008
Rush Nigut brings this up in his post Insurance for Employee Lawsuits: Don't Forget to Check Coverage. I think many small businesses are under the mistaken believe that they are covered for employment lawsuits through their ordinary business liability coverage...

One Good Outline of Legal Matters for Start Ups

Posted on November 18, 2008
Ignoring the high tech and California bias of Ten Questions with Fred Greguras of Fenwick and West and there is a very good post on the issues facing start up companies. I particularly like coverage of trade secrets and non-disclosure agreements (NDA's) and this passage about limited liability companies makes a great point:Question: Why don?t I use a Limited Liability Company (?LLC?) since it is cheaper to start? Answer: An LLC is often used for consulting and smaller businesses, but not often for an operating business that will seek venture capital...

Mortgage Foreclosure Resources

Posted on November 17, 2008
The following comes from The Law, Technology & Legal Marketing Blog's Home Foreclosure Resources & The Foreclosure Survival Guide by Steve Elias - New Nolo.com Book: Steve goes into much more detail in his book, but here is some information from his book about nonprofit counselors that may be able to help: Nonprofit Housing Counselors (from Chapter 10 - Resources Beyond the Book)I strongly suggest that you find a nonprofit housing counseling agency...

New Blog I Will Be Keeping An Eye On

Posted on November 16, 2008
I ran across The Legal Infrastructure of Business on Monday. I find its title interesting. It is a concept that I have tried to get across to my clients and potential clients. I have not had time to do much more than skim but I like what I see so far - even if it is written by a University of Chicago professors.

Follow up to Trade Secret News: Former Intel worker charged in theft of secret files

Posted on November 16, 2008
I reported on the arrest here and now the employee is indicted.Former Intel engineer indicted for stealing trade secretsNovember 7, 2008 (Computerworld) A former Intel Corp. design engineer has been indicted by a federal grand jury in Boston for allegedly stealing trade secrets from the chip maker while secretly working for rival Advanced Micro Devices Inc...

New Rules on Public Accessiblity to Indiana Trial Court Records

Posted on November 15, 2008
Court amends public accessibility, other rulesThe Indiana Supreme Court has revised its administrative and appellate rules governing how trial courts make records publicly accessible and how appeals are handled in certain cases requiring confidentiality...

Learning About Venture Captial

Posted on November 15, 2008
Learn your P's and Q's about venture capital. In these days, I think saying banks and other lenders are unlikely to lend is an understatement. We may see venture capitalists scaling back, too, but venture capitalists exist for placing bets on start up companies...

Something Different: ISBA luncheon features civil rights attorney

Posted on November 15, 2008
From The Indiana Lawyer:"The Indiana State Bar Association Litigation Section is sponsoring a CLE and luncheon featuring the chief counsel of the Lawyers' Committee for Civil Rights Under Law.John C. Brittain will be the guest speaker at 'Legacy of Lincoln: Pursuit of Equality,' from 11:30 a...

Bankruptcy Ban Unconstitutional

Posted on November 14, 2008
Put Ban on Bankruptcy Lawyers' Advice Ruled Unconstitutional down as better late than never. I drafted this post a while back but have not been able to find the time to post.:"A provision of the 2005 bankruptcy reform law that prohibits attorneys from advising their clients to take on more debt before filing for bankruptcy is unconstitutional, a divided federal appeals court has ruled...

More on Free Business Education Courses

Posted on November 14, 2008
Thanks again to BizzBangBuzz for the information on free online business courses whihc lead me to 7 Universities and Websites Offering Free Business Entrepreneurship Courses Online. Here you will find a list of sites providing free educational sources and their offerings...

Start Up Resources: StudentBusinesses.com

Posted on November 14, 2008
Are you a student with a business idea? Then StudentBusinesses.com sounds like a site you need to check out. Here a description of the site:The public launch - taking place on November 1, 2008 - comes at a time when university students are facing a rapidly changing hiring landscape, and more and more are turning to alternative career paths such as entrepreneurship...

Online Resource: The Ohio Practical Business Law Blog.

Posted on November 13, 2008
Welcome Ohio Practical Business Law Blog.What can one do but admire a lawyer who manages to combine the Chicago Cubs and the business judgment rule into one post (Cubs Cursed by the "Business Judgment Rule"?)? Something there for Cub fans, lawyers, and business owners...

Following up on Trade Secret News: IBM, Apple and a Papermaster

Posted on November 13, 2008
I mentioned the Papermaster case in my Trade Secret News: IBM, Apple and a Papermaster. The Apple Blog gives us iPod Chief Switch: What it Could Mean for Apple and gives us some more insight into the business considerations of the case:While it is unlikely that any ruling body would ultimately find in favor of IBM (such a precedent would seriously hamper healthy executive level staff flow in Silicon Valley), that doesn?t mean the two companies could become entangled in a protracted and expensive legal battle...

Trade Secret Litigation: ClearOne Wins

Posted on November 12, 2008
Over my time on this blog, I have tried to emphasize and explain the value of trade secretes to a business and the costs in failing to protect those trade secrets. These reports show the costs.This MarketWatch press release gives some background to the verdict: A jury trial was held in federal court in Utah in connection with the lawsuit (the "Intellectual Property Case") initiated by ClearOne against Biamp Systems Corporation ("Biamp"); WideBand Solutions, Inc...

Lemon Law

Posted on November 12, 2008
I want to give a shout out to Sergei Lambert of LemonJustice Blog. Although he practices in Massachusetts, Connecticut, and New York, he does not limit his interests only to those states. While I have quietly slipped away from consumer law on this blog, I still have an interest in this area of law...

Thinking of Starting an Online Business?

Posted on November 12, 2008
TraverseLegal makes a good point in its The Basic Principles of Media Law: What You Should Know When Starting Or Running a Website or Online Business:"There is a common misconception that the seeming anonymity and accessibility of the Internet makes it much like the Wild West...

Trade Secrets Meets Whistleblower Law

Posted on November 11, 2008
Something for employees to consider about bringing a whistleblower case against your employer. A case from Alabama highlights this problem. What makes the case particularly poignant is that the basis for the fraud claim comes out of Hurricane Katrina...

Trade Secrets Litigation: Updates on Papermaster Case

Posted on November 11, 2008
I posted earlier on this case here and now the case moves on.IBM Former Exec Ordered To Cease Work At AppleFriday, a United States District court ordered Mark Papermaster, who was recently hired by Apple after he left his position at IBM, to cease work at the company, the decision having been aimed at preventing ?Big Blue? trade secrets from being revealed to Apple...

Jureeka for Using Foxfire While Doing Legal Research

Posted on November 10, 2008
Ok, this is more a heads up than a review. I use Foxfire as my browser. I do almost all of legal research online now. So when I read of Jureeka, I thought I need to check this out. Well, it is on the desktop that sits now on the secretary's desk...

Aging Workforce Increasing Age Discrimination Cases

Posted on November 10, 2008
Those employers with older (older being age 40 and over) employees need to read workforce.com's With an Aging Workforce, a Rising Risk of Discrimination Claims:"With an economy that seems to be moving toward recession, the likelihood of litigation based on age discrimination claims is exacerbated...

Free Business Education

Posted on November 10, 2008
BizzBangBuzz Blog has a list of free business related seminars here. The post also links to more:Through open courseware programs, you can access course materials from a wide range of top universities. Whether you decide to take these courses on your own time or just skim through the information, www...

Problems with SBA Loans?

Posted on November 10, 2008
SBA loans scarce in these hard times | IndyStar.com | The Indianapolis Star"SBA volume is significantly down, and one might argue that it's happening at a time when small business needs access to capital more than ever," said Chris Reilly, president of CIT Small Business Lending Corp...

Trade Secrets: What Happens When Sending Secrets by E-mail

Posted on November 09, 2008
Thanks to "IP Cafe" blog for bringing this issue to my attention with Use Of Trade Secrets Mistakenly Sent By Email Can Be A Violation Of The Uniform Trade Secret ActIn Ideal Aerosmith Inc. v. Acutronic USA, Inc., 87 U.S.P.Q. 2d 1341, the United States District Court for the Western District of Pennsylvania found that a valid claim of trade secret misappropriation had been plead and denied a motion to dismiss where the defendant allegedly received the trade secrets through misdirected emails...

Employment law: Pregnancy Discrimination Persists

Posted on November 08, 2008
This interesting study comes from workforce.com Pregnancy Discrimination Persists 30 Years After It's Made Illegal:"An analysis of Equal Employment Opportunity Commission data from fiscal year 1992 to fiscal year 2007 shows a 65 percent increase in pregnancy discrimination charges, according to a National Partnership for Women and Families study released Wednesday, October 29...

November 11 Lecture on Valuing Art in Indianapolis

Posted on November 08, 2008
From The Indiana Lawyer:The Jordan H. and Joan R. Leibman Annual Forum this month at Indiana University-Purdue University Indianapolis will discuss the valuation of art. The event examines issues related to the legal and business environment of the arts...

Indiana Employment Law Meets Indiana Medical Malpractice Law

Posted on November 08, 2008
Here the malpractice law loses to a negligent employment claim against a hospital employee's sexual misconduct with a patient. The following comes from The Indiana Lawyer's Sexual misconduct doesn't fall under MedMal act.The Indiana Court of Appeals today affirmed a trial court determination that an employee's sexual conduct with a patient can't constitute a rendition of health care or professional services, so a negligent hiring complaint against a hospital based on that conduct doesn't fall under the Indiana Medical Malpractice Act...

Will Technology Lead to More Wage & Hour Lawsuits?

Posted on November 08, 2008
This is how I read workforce.com's E-mails, Phone Calls and Wage & Hour Problems whch does raise some interesting ideas that might just be on the horizon:While a search of the Nexis database failed to turn up any instances so far of wage and hour lawsuits hinging upon Blackberry use, employment law specialists seem to think it?s inevitable, given both the proliferation of such devices and the clarity of the law on the issue...

Employment law: Be Careful of What You Do Online

Posted on November 07, 2008
Yes, Blog Comments Can Tank Job Prospects from ABA Journal - Law News Now focuses on lawyers but do not think it might not apply to you or to your employers. Who it applies to depends on how tech savvy is the employer.Writing in the Am Law Daily, Lynne Traverse of Bryan Cave gives an example...

New Rules on Who Can Sell a Casket

Posted on November 06, 2008
Just a brief roundup (albeit a tardy one) on rules relating to funeral services:License not required to sell coffinsNewly enforced cemetery rules upset Magnolia motherGood News for the Sooner

Online Resource: Digital Signatures

Posted on November 05, 2008
Courtesy of the American Bar Association comes this Digital Signature Guidelines - Tutorial. For those thinking about contracts, I suggest reading this section in particular:A signature is not part of the substance of a transaction, but rather of its representation or form...

Another Cost of Litigiation: A Bad REputation

Posted on November 05, 2008
I suggest every business owner read all of Workforce.com's Lawsuit Side Effect: A Bad Reputation but here are some highlightsThe seven-, eight- and even nine-figure jury awards and settlements paid out by employers in lunch-break-related wage and hour lawsuits are only one part of the cost, experts warn...

Trade Secrets - Why Federal Court is not Always the Way to Go

Posted on November 04, 2008
Reading Court rejects Invista trade secrets case vs DuPont made me think of the limitations of federal court. Federal courts have jurisdiction limited to diversity or federal questions. Obviously, no federal question here:The lawsuit made various claims that are not within the jurisdiction of a federal court, U...

Tools for Creating Legal Documents

Posted on November 04, 2008
This post collects a few odds and ends about either online or computerized programs for creating legal documents. I use HotDocs to run my practice - perhaps too much - but I have no personal experience of the programs discussed below. I have two points to make with this post - one for lawyers and one for non-lawyers...

Alcoholic Beverages - New Regulations Porposed for Distilled Spirits

Posted on November 03, 2008
Something that came across via e-mail last week, FR Doc E8-25896: "Proposed Revision of Distilled Spirits Plant Regulations (2001R- 194P); Extension of Comment Period AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Notice of proposed rulemaking; extension of comment period...

Copyright Act Amendments

Posted on November 03, 2008
Prioritizing Resources and Organization for Intellectual Property Act Becomes Public Law 110-403On October 13, 2008, the President signed the Prioritizing Resources and Organization for Intellectual Property Act into law (Pub. L. 110-403) (the PRO-IP Act)...

Trade Secret News: IBM, Apple and a Papermaster

Posted on November 03, 2008
An IBM executive moving to Apple and what happens? Litigation!From Computer and Technology News:The complaint says Papermaster was IBM?s top expert for its Power microprocessors and the vice president of IBM?s blade server development unit, until resigning on Oct...

Employment Law and Immigration Law: DHS Issues Supplemental Rule

Posted on November 03, 2008
I picked up this news from workforce.com with its article DHS Issues Supplemental 'No-Match' Rule, Pushes Enforcement:While companies cope with financial market gyrations and a slowing economy, they have to keep an eye on immigration law.In the latest move, the Department of Homeland Security took what it hopes is a decisive step toward forcing companies to act when employee names and Social Security numbers on tax forms don?t match information in the Social Security database...

Taking Care of Your Business in Hard Times

Posted on November 03, 2008
Just a few tips from The New York Times' Small Busines Page. I am just capturing the highlights of Tool Kit - How to Avoid Becoming a Failure Statistic:POGO WAS RIGHT ?Businesses perish in untimely ways, many of which are largely out of an entrepreneur?s control: There?s too much competition...

The Copyright Office Rulemaking Under Digital Millennium Copyright Act

Posted on November 02, 2008
Copyright Office Requests Comments on Possible Adverse Effects of Prohibition on Circumvention Measures (PDF format)The Copyright Office of the Library of Congress is announcing the commencement of its rulemaking proceeding in accordance with provisions of the Digital Millennium Copyright Act that provide that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works (17 U...

Oral Contracts and Fiduciary Duty - New Case From The Seventh Cir

Posted on October 27, 2008
The Seventh Circuit gives us a pithy definition of fiduciary duty in INTERACTIVE INTELLIGENCE, INCORPORATED v. KEYCORP, KEYBANK NATIONAL ASSOCIATIONOur conclusion is buttressed by Wilson v. Lincoln Federal Savings Bank, 790 N.E.2d 1042, 1046 (Ind. Ct...

IndianaTax Nexus Case

Posted on October 27, 2008
A friend of mine, a CPA, has given me an interest in these tax nexus cases. He thinks businesses need to be more aware of these issues. I agree with him, even though tax law is not an area of my practice. Which is why I am linking to Economic presence meets taxing requirement from The Indiana Lawyer:In a matter of first impression, the Indiana Tax Court has ruled that a bank didn't need to have a physical presence in the state to be subject to Indiana's Financial Institutions Tax...

Trade Secrets and Pro Football

Posted on October 27, 2008
What Washington Labor, Employment & Employee Benefits Law Blog writes in the post, Trade Secrets in the NFL? actually has me asking a typical question for this kind of case: what was Brett Favre thinking?In recent days, former Green Bay Packer quarterback Brett Favre has come under intense media scrutiny after he had a telephone conversation with the Detroit Lions? General Manager, Matt Millen...

Court amends public accessibility,

Posted on October 21, 2008
Court amends public accessibility, other rulesThe Indiana Supreme Court has revised its administrative and appellate rules governing how trial courts make records publicly accessible and how appeals are handled in certain cases requiring confidentiality...

Trade Secrets: Yeah, What that guy said

Posted on October 21, 2008
Since I started this blog and started writing about trade secrets, I have been writing that these things are vital to the business. The Fort Wayne Journal Gazette makes the point a little differently: Trade secrets are assets.I disagree with the article's apparent advice to forgo legal advice...

Federal Criminal Law on Theft of Trade Secrets

Posted on October 20, 2008
Not that I practice criminal law in the federal courts, but I think this statute ought to be seen here.US CODE: Title 18,1832. Theft of trade secrets:"(a) Whoever, with intent to convert a trade secret, that is related to or included in a product that is produced for or placed in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will, injure any owner of that trade secret, knowingly?(1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such information;(2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys such information;(3) receives, buys, or possesses such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization;(4) attempts to commit any offense described in paragraphs (1) through (3); or(5) conspires with one or more other persons to commit any offense described in paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy,shall, except as provided in subsection (b), be fined under this title or imprisoned not more than 10 years, or both...

Trade Secrets - Apple and Computer Journalists

Posted on October 20, 2008
As much as I think trade secrets are important to the success of a business, Apple's litigating against computer trade publications just does not seem right. Common sense says there is a limit and this case may be the one where a limit has been found...

Indiana Home Improvement Fraud: Give Notice or Hope to Prove Actual Fraud

Posted on October 20, 2008
The Court of Appeals makes clear that under Indiana's home improvement fraud statute the homeowner can lose their case even before they know they have a case. Pay close attention to this from Hayes v. Chapman (PDF format):HICA explicitly provides that a supplier?s failure to provide a written contract is a deceptive act and brings that deceptive act under the purview of the remedies and penalties of Indiana Code chapter 24-5-0...

Indy Strippers Sue Over Wages

Posted on October 19, 2008
Indy strippers sue club's ownersWendi R. Morse, 27, and Felicia Kay Pennington, 26, claim Dancers Show Club owners violated federal labor laws by wrongly classifying them as independent contractors, according to a lawsuit filed Tuesday in U.S. District Court...

'Copyright Czar' Bill Approved

Posted on October 19, 2008
PC Magazine is the only place I noticed this news, President Bush Approves 'Copyright Czar' Bill: "President Bush on Monday approved a controversial bill that will effectively create a 'copyright czar' within the White House.Bush signed the Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act, a measure that will create several new government enforcement positions...

Business Survival: Buy-Sell Agreements

Posted on October 19, 2008
I have written before about the problems solved by having a buy-sell agreement, but Importance of having buy-sell agreements from Bermuda's The Royal Gazette presents the issue again in a very well written article.What follows applies to any business organization having more than one person as owner: corporation, limited liability company, partnership...

Follow up on Larry Bird Suit

Posted on October 19, 2008
I wrote about this lawsuit here and it is settled:Bird settles French Lick lawsuitLarry Bird has settled a lawsuit against a bed-and-breakfast that operates from his boyhood home in the southern Indiana town of French Lick.Attorneys for the basketball icon and Legend of French Lick LLC would not discuss the settlement, saying the parties had signed a confidentiality agreement...

Trade Secrets from the Journalistic Point-of-View

Posted on October 18, 2008
Lawyers know we can use protective orders to keep trade secrets under wraps during litigation. What we do not know so much about is how journalists view these protective orders. Which is why Protective Orders in Pretrial Discovery Phase Keep Journalists Unplugged caught my attention...

How Important are Trade Secrets to a Business?

Posted on October 17, 2008
In this case from the Hartford Business the answer is very important: "A Superior Court jury in Northampton, Mass., rejected claims by STR Holdings that a former employee working for a rival misappropriated trade secrets in developing an encapsulant that shields solar modules from weather damage...

ADA Amendments Now Law

Posted on October 16, 2008
The Associated Press: Bush's father joins president at bill-signing:"WASHINGTON (AP) ? With his father looking on, President Bush on Thursday signed legislation expanding the protections afforded by the landmark Americans with Disabilities Act to those who can use medication or other devices to treat impairments...

Alcoholic Beverages: Oh, No, Topless Dancing in Kokomo

Posted on October 16, 2008
Ah, the headline has all the shock of this post. What this post does have is the intersection of newspapers reporting on legal issues and the actual Court of Appeals opinion, and some insight into the licensing of adult entertainment bars. Not that the Kokomo Tribune's Ultimate Place wins court battle is all that inaccurate but there is what I call fudging to tell a clean story...

Trade Secret Litigation News: the Softscape Lawsuit Against SuccessFactors

Posted on October 15, 2008
From workforce.com comes Softscape Lawsuit Against SuccessFactors Dismissed:"The legal dispute between HR software rivals SuccessFactors and Softscape has narrowed to one case.A Massachusetts superior court last month dismissed Softscape?s suit alleging trade-secret theft by SuccessFactors...

Online Resources: Indiana Legislative History

Posted on October 15, 2008
I understood that Indiana's General Assembly does not have anything like the federal Congress' legislative history. Certainly the Indiana appellate courts do not recognize any kind of use for legislative history. But having found State Legislative History: Research Guides: Research Tools: Law Library: School of Law?Bloomington: Indiana University, I really do not want to turn it loose...

Litigation - The Costs and the Benefits

Posted on October 14, 2008
Today's news on trade secret litigation applies to more than trade secret litigation. The following stories have a good deal to say about what I call the cost-benefit analysis of litigation. At what point does even successful litigation become unprofitable for the business? Remember there are always two ways to view a lawsuit: from the narrow viewpoint of the law of the case and the broader one of the business...

Looking for a business plan?

Posted on October 14, 2008
Updating a Classic: Writing a Great Business Plan ? HBS Working KnowledgeSean Silverthorne: "How to Write a Great Business Plan" has been one of the most downloaded articles on Harvard Business Publishing since you wrote it in 1997. Why do you think you hit a nerve?Bill Sahlman: Writing a business plan is a seminal moment in the life of a new venture...

Bank Bailout Causing Bankruptcy Reform?

Posted on October 14, 2008
Maybe a possibility and one I would call a necessity.If consumer groups and some legislators had their way, the $700 billion financial bailout bill would have included a provision to let federal bankruptcy judges lower payments on subprime mortgages to help homeowners who had fallen behind on their payments avoid foreclosure...

Online Resource: Washington Post's Federal Diary Column

Posted on October 14, 2008
I found Federal Diary and it appears it may have uses for those following federal regulatory agencies. It has a RSS link here.

The Bailout Legislation Needs Whistle-Blower Protection

Posted on October 13, 2008
Whistleblower Law Blog published Whistle-Blower Protection in Bailout Legislation before the bailout bill was passed and I probably need to see if there is an update on this Meanwhile, consider this when you think of what value there is in whistleblowers: "Yesterday, Joe Davidson, wrote a great article Groups Seek Whistle-Blower Protection in Bailout Legislation for the Washington Post summing up how important it is for Whistleblower Protection to be considered in this bailout legislation...

Trade Secret News: Former Intel worker charged in theft of secret files | News - Security - CNET News

Posted on October 13, 2008
CNET News reports Former Intel worker charged in theft of secret files: "The FBI has charged an engineer with stealing trade secrets from Intel, his former employer, after taking a position with rival chip maker Advanced Micro Devices, The Boston Globe reported Friday...

LLCs must have attorneys in federal court

Posted on October 12, 2008
This came down last month and LLC owners who do not want to hire a lawyer need to think again.LLCs must have attorneys in federal court:"Owners of limited liability companies must be represented by an attorney to appeal a decision in federal court, ruled the 7th Circuit Court of Appeals today...

The Madness of Litigation: Citigroup and Wachovia and Wells Fargo

Posted on October 11, 2008
At some point, every lawyer must look at his client and ask if the law suit is worth proceeding to trial or to settlement. This post looks at reports on the attempted Citigroup buyout of Wachovia as an example of this process.The New York Times' DealBook blog has The Mad Legal Dash for Wachovia...

New Federal Rules

Posted on October 10, 2008
Which can be found here. No, not had time to even look at them.

Now the RIAA Goes After a. Lawyer

Posted on October 10, 2008
From The ABA Journal - Law News Now comes RIAA Seeks Sanctions for N.Y. Lawyer?s ?Vexatious? Blog Posts of Case Filings:"A lawyer who is known for defending individuals accused of peer-to-peer sharing of copyrighted works over the Internet is now on the hot seat himself...

Whistleblower and FOIA Resources

Posted on October 09, 2008
The IRS has a Tax Fraud Alerts web page that covers some relevant territory.Then, too, there is FOIA.net.

Upcoming Elections: Appellate Court Retention

Posted on October 08, 2008
Along with everything else, Hoosiers get to decide whether the appellate court judges should be kept or sent back to civilian life. Three Supreme Court Justices, one Court of Appeals judge, and the Tax Court judge are up for retention. This year we have a web page Judicial Retention in Indiana on the subject...

New Trade Secrets Blog

Posted on October 07, 2008
Trading Secrets appears to be a fairly new trade secrets blog. Geared towards lawyers with a broader scope than my approach to trade secrets both on subject (the subheadline describes it as "A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud")...

FTC Looking to Change Its Practice Rules

Posted on October 07, 2008
This came in today from the GPO:AGENCY: Federal Trade Commission (``Commission'' or ``FTC'').ACTION: Proposed rule amendments; request for public comment.-----------------------------------------------------------------------SUMMARY: The FTC is proposing to amend Parts 3 and 4 of its Rules ofPractice, in order to further expedite its adjudicative proceedings,improve the quality of adjudicative decision making, and clarify therespective roles of the Administrative Law Judge (``ALJ'') and theCommission in Part 3 proceedings...

E-Discovery Seminars from FIOS

Posted on October 06, 2008
Tom Mighell mentioned these in the latest e-mail alert from Inter Alia. The Legal Hold Process ? A Crucial Component to Effective Discovery Response is for October 7.

Free Microsoft Book for Getting Your Business Online

Posted on October 05, 2008
While not a great fan of Microsoft, I am partial to free stuff that is useful. So what is Microsoft offering? Yes, the deal is good till October 19.Looking for a simple but powerful way to get your company on the Web?Get the e-book free?30-day limited time offer!*If you?ve been putting off the idea of getting your business on the Web or are just getting started in the business world and want a fast, inexpensive starting point, Microsoft Office Live Small Business is your solution...

Trade Secrets: Entrepeneur Magazine Sues Over Ranking Formula

Posted on October 01, 2008
Another week, more departing employees, another trade secrets suit. Having spent most of the past month fending off the effects of our local and national economic problems, I think we will see more of this as time passes. Why? Too few dollars means sharper competition...

Jackson Lewis - OFCCP Directs Employers on Counting Employees in Setting Affirmative Action Plan Goals

Posted on September 25, 2008
From Jackson Lewis some importnat information for employers - OFCCP Directs Employers on Counting Employees in Setting Affirmative Action Plan Goals:"The Office of Federal Contract Compliance Programs (?OFCCP?) has updated its existing interim guidance regarding the use of the ?new? race/ethnicity categories as part of affirmative action plan preparation...

The Blog of the Federal Evidence Review

Posted on September 25, 2008
Yes, this one for any lawyers reading this blog. The Blog of the Federal Evidence Review is part of a wider website. Since 99% of my practice is in state court, this actually is very helpful for those times I get into federal court. (Which brings to mind, why has no one done the same for Indiana's Rules of Evidence...

How The Federal Courts Treat Employment Discrimination Plaintiffs

Posted on September 25, 2008
According to a new report, plaintiffs in employment discrimination lawsuits are not so successful in federal court. Something to think about for both employers and employees. ACS hosted a panel discussion on a new article published in the Harvard Law and Policy Review that concluded that workers bringing employment discrimination lawsuits increasingly fare poorly in the federal courts...

Bankruptcy - Chapter 13 - Two States Disallow Plans Paying Only Attorney Fees

Posted on September 24, 2008
It is always good to learn something new. The New York Bankruptcy Attorney Blog's Missouri, Following New York, Holds that Chapter 13 Bankruptcy Plans That Pay Legal Fees Only Are Not Allowed taught me something new:"You are eligible for a Chapter 7 bankruptcy discharge only every eight years...

The Importance of Protecting Domain Names

Posted on September 24, 2008
Traverse Legal Blog makes a very good point in its Lawyers Protect Brands & Trademarks In Cyberspace. Call this another example of preventive law or how lawyers can protect a business on a front unknown to the business owner.If a Business? Brand is its Greatest Asset...

Online Resources: Trade Secrets Blogs

Posted on September 23, 2008
I want to second Kevin's Security Scrapbook's Your Trade Secrets Are At Constant Risk:Make your boss open that security budget wallet... Visit and bookmark the Trade Secret Vault for the latest horror stories. Proof, funding proactive security is a no-brainer...

Employment Law: Bosses Screening Potential Employees's Social Netgworking Sites

Posted on September 23, 2008
Here is a a subject that bears repeating: Bosses admit screening potential employees via social networks.Nothing prevents an employer from not hiring someone for what they post on a social networking site. At least, not in Indiana.

Trade Secrets: Litigation News

Posted on September 23, 2008
Litigation continues, some with success and others without.From Crain's comes Motorola sues RIM for poaching employees:"(Crain?s) ? Motorola Inc. has sued rival Research in Motion Ltd., maker of the BlackBerry, for poaching its employees.In a suit filed Friday, Motorola says RIM has hired away 40 employees, in Libertyville and in Plantation, Fla...

Why Preventive Law is a Good Idea: Litigation Too Costly Says ABA Group

Posted on September 22, 2008
From Litigation Too Costly, E-Discovery a ?Morass,? Trial Lawyers Say:"Updated: The civil justice system in the United States is so bogged down in a 'morass' of e-discovery that it is often too expensive for litigants to take their cases to trial, according to a survey of trial lawyers...

Updted ADA Passes Senate

Posted on September 22, 2008
So reports workforce.com and it appears President Bush will not veto the law.Senate Approves Legislation to Expand Workplace Disability Law:"A bill that would expand workplace protections for disabled Americans gained unanimous Senate approval on Thursday, September 11...

Indiana Court of Appeals Visits Anderson on Thursday

Posted on September 17, 2008
So reports The Indiana Lawyer. Arguments in gambling case Thursday: "The Indiana Court of Appeals hits the road Thursday to hear arguments at Anderson University in a case involving a compulsive gambler and what duty the casino had to prevent her from gambling...

Lehman's Bankruptcy Petition

Posted on September 17, 2008
Courtesy of Findlaw: http://news.lp.findlaw.com/hdocs/docs/lehman/20080914bankruptcy-petition.pdf

Short Haitus

Posted on September 14, 2008
I have several big projects that need to be put to rest and since I have run out of drafts that can be published easily, this blog will be on hiatus until Thursday or Friday. Please check out the archives in the meantime.

Indiana Commercial Foreclosure Law: In Indiana, A Summary Judgment Is Preferable To A Default Judgment

Posted on September 12, 2008
Today,I am borrowing from Indiana Commercial Foreclosure Law blog. Its post, In Indiana, A Summary Judgment Is Preferable To A Default Judgment, may be a bit too much of a technical issue but this is something both lawyers and non-lawyers need to know about:"Is notice documented? An important matter, implicit in the Anderson opinion, is to prove that the defendant had notice of the summary judgment proceedings...

Home Improvement Fraud: Gaston man arrested

Posted on September 11, 2008
I saw Gaston man arrested for home improvement fraud in the The Muncie Star Press and had to pass this along:"UNION CITY ? A Gaston man has been arrested on home-improvement-fraud charges ? again.AdvertisementJohn Henry Stanley, 28, was arrested by Union City police last week after a senior citizen in the 900 block of West Division Street reported three men had offered to clean her gutters for $10 ? then asked for up to $200 to repair damage they claimed to have found on her roof...

Whistleblower Defendant Gets 10 Years

Posted on September 11, 2008
Not a civil case, but Regenerations founder gets 10 years, owes Medicaid $3.3M treads on an issue interesting to me: whistleblower/.qui tam cases."Regenerations, an Indianapolis nonprofit, started out small in 2005. That first year, it reported providing psychotherapy for 20 disabled people on a $30,000 budget...

Trade Secrets: How Does Your Business Protect Its Secret Recipe?

Posted on September 11, 2008
KFC's secret recipe comes out of vault came from The Indianapolis Star:The recipe that launched the chicken chain was placed in a lock box that was handcuffed to security expert Bo Dietl, who climbed aboard an armored car that whisked away with an escort from off-duty police officers...

ADA Changes Coming? :

Posted on September 10, 2008
Thanks to World of Work Law Blog for Major Changes to ADA Coming. My personal opinion is that the ADA was effectively neutered for plaintiffs (employees) ages ago by the United States Supreme Court. I followed it more closely when I was in-house counsel for this very same reason: employers who ignore the ADA are the ones who plaintiffs sue successfully...

Legal & Litigation Software Reviews from 3rd Party Sources

Posted on September 10, 2008
Legal & Litigation Software Reviews from 3rd Party Sources is probably more for the lawyers in the crowd but I offer it for your consideration anyway:"Welcome to LitiReviews, the largest collection of free legal and litigation software reviews on the web...

No Paralegal REgistration This Year

Posted on September 09, 2008
So reported The Indiana Lawyer on Monday:The Indiana Supreme Court has declined to create a rule on paralegal registration for the state, putting a kink in an effort that's been under way for years.This news is according to a Sept. 4 letter by Mishawaka attorney E...

Those red-light cameras going away?

Posted on September 09, 2008
The Indiana Lawyer reports they might be. From State puts brakes on red-light cameras: "Green means go, red means stop. Motorists know that well, and in a 21st century society embracing technology on every front, it might not seem out of the ordinary to wonder if someone?s watching to make sure motorists are stopping when they should...

Noncompete agreements: What They Say and What They May Actually Mean

Posted on September 09, 2008
The Massachusetts Biotech and Technology News and New England Local Business News has a very interesting article in Noncompete agreements that don?t mean what they say: "With the rise in importance of intellectual property and the associated threat to such property as a result of an increasingly mobile workforce, noncompete agreements have become a standard part of employment agreements...

American Constitution Society to Have Seminar on How the Federal Courts Are Treating Employment Discrimination Plaintiffs

Posted on September 08, 2008
I received the following via e-mail:On Thursday, September 18, ACS will release a new study showing how job discrimination cases are faring in the federal courts, and host a panel discussion on the issues raised by the study. Entitled "Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?", the study was conducted by Cornell Law School Dean Stewart J...

Collections: Good Outline of the Fair Debt Collection Practices Act

Posted on September 06, 2008
Thanks to ISBA Mutual Insurance Company for publishing Debt Be Not Proud. Yes, the article reads as if it is directed to lawyers (because it is), but I think it can still be read and understood and used by non-lawyers.

Business Law: Contingency Fees for Litigation

Posted on September 06, 2008
You can see my earlier articles on flat fees here (and here and here), but I have not written about contingency fees in business litigation.I only learned of Contingent Fee Business Litigation this past week. I got a chance to look at this and found Lawsuit Defense Through A Contingent Fee and Benefits Of The Contingent-Fee Agreement...

Workers Swear Off 401(k) Loans!

Posted on September 05, 2008
I call this good news: Workers Swear Off 401(k) Loans."Credit-crunched consumers aren?t raiding their employer-sponsored nest eggs any more than usual, with the percentage of workers with outstanding 401(k) loans increasing by less than 1 percent so far this year, according to data provided by Hewitt Associates to Financial Week, a sister publication of Workforce Management...

Getting a co-signor off a loan

Posted on September 04, 2008
Not the easiest thing to do. Generally, you would have three options:1. Refinance the property;2. Payoff;3. Novation;Novation meaning a new loan, as in someone assuming your mortgage. You need to check the loan documents to see what is allowed or not, but I would not think a novation likely with the current real estate/mortage market.

AARP Has Tool for Helping HR Managers

Posted on September 03, 2008
Workforce.com's AARP Tool Helps HR Managers Assess Future has little to say about how to access this tool but I think it worth checking into if your business might want to avoid a federal ADEA lawsuit. That is Age Discrimination in Employment Act and if you have 15+ employees that means you:"AARP created its Workforce Assessment Tool because it was increasingly hearing HR managers say they knew about the changing demographics of their workforces but didn?t know how to go about confronting them, says Deborah Russell, director of workforce issues at AARP...

Business Law: Funeral home Sues Archdiocese of Louisville

Posted on September 02, 2008
Can a business sue a religious organization for interfering with its business? That is the question I get from The Courier-Journal's Funeral home director suing Archdiocese of Louisville for business interference:"A Nelson County funeral home director is suing the Archdiocese of Louisville and a Roman Catholic priest, whom he accuses of undercutting his business by implementing new rules on conducting funerals at his parish...

Franchising or Not?

Posted on September 01, 2008
The Harvard Business School has a nifty newsletter, HBS Working Knowledge. Nifty sometimes just because it is free and sometimes because it is both free and practical. I say Making the Decision to Franchise (or not) falls into the second category.Much has been written about product differentiation and its role in retail success...

Online Resource for the Small Business: The National Association for the Self-Employed

Posted on August 29, 2008
NASE is the National Association for the Self-Employed. I make no recommendations for the the organization. I have a friend who belongs but I only wish to point out a resource that focuses on the small business."The NASE was founded in 1981 to provide day-to-day support, benefits and consolidated buying power that traditionally had been available only to large corporations...

HIPAA Checklist for Employers

Posted on August 28, 2008
Workforce Management has The Most Common HIPAA Privacy Mistakes Employers Make:After making initial compliance efforts, many employers may have put the Health Insurance Portability and Accountability Act of 1996 on the back burner. Here are the common mistakes that have been made by employers and other HIPAA-covered entities since the act went into effect in 2003...

Trade Secrets: A Good Defense

Posted on August 28, 2008
Central Valley Business Times' Cargill loses lawsuit against former employees contains what I think is the best argument to use as a defense to a trade secrets case."After a three-week trial, the U.S. District Court jury took less than a day to decide in favor of the three defendants...

Men and EEOC Filings

Posted on August 27, 2008
Law.com's Small Firm Business has some news I was unaware of about an increase of men filing workplace lawsuits such as Family Medical Leave Act cases. (Of course if I knewof it, then this would not be news).More Men Filing Workplace LawsuitsEmployment and family law attorneys say a growing number of men are filing a wide variety of workplace lawsuits, suing over everything from more leave time to care for their children to sexual harassment...

False Claims and Small Firms

Posted on August 26, 2008
Law.com has an interesting article in Why Qui Tam Practices Work Best at Smaller Firms. I will be seeing if this holds true over the next year.If you think you might have a false claims/whistleblower case from somewhere in Indiana, please contact me.

Businesses Check Your Software Licenses!

Posted on August 26, 2008
Why? Check out The IBJ's NewsTalk blog: "Author Solutions, the Bloomington company that helps people publish their own books, has admitted to using copies of software from Adobe, Microsoft and Symantec.The penalty? $50,000.Author Solutions says the violations began under prior ownership and that it cooperated with the investigation...

Trade Secrets and High Tech

Posted on August 25, 2008
Exclude the high tech, geek talk about Web 2.0 (for more on that take a look here and here), and take a serious look at Rolling Review: Web 2.0 Tools Demand A Cautious Approach for spotlighting future concerns of businesses intent on protecting their trade secrets.

OFCCP and Employing Vets

Posted on August 25, 2008
I pass along OFCCP Implements New Program to Promote Employment of Veterans from Jackson Lewis' employment law updates. The Office of Federal Contract Compliance Programs (OFCCP) has announced a program aimed at encouraging employment of military veterans by formally recognizing federal contractors and subcontractors that have undertaken successful efforts to employ covered veterans...

Online Resource for Workers Compensation

Posted on August 24, 2008
The Workmans Comp Service Center describes itself this way:The National website providing workers compensation news and information for employees, employers, insurers, and medical providers. Use the research center, locate an insurance provider, get info on your state's program, and find professional help relating to workplace injuries and disabilities in the U...

Online Resource: Collaboration for Attorneys

Posted on August 24, 2008
I subscribe to Tom Mighell's Internet Legal Research Weekly (and I think any lawyer wanting to know what is going on out here on the Net needs to subscribe to this blog). This came in this week's e-mail update:To celebrate my six-year blogiversary, I decided to start a *second* blog! Okay, it's not because of the anniversary -- Dennis Kennedy and I have launched a companion blog for our book, The Lawyer's Guide to Collaboration Tools and Technologies: Smart Ways to Work Together (http://tinyurl...

Online Resource: Data on Women Workers

Posted on August 22, 2008
I wanted to write about BLS Data on Women Workers to show what information is out there that the federal government maintains. How we use that information is up to us, but I suspect amny plaintiff's lawyer should give this a good look:"The Bureau of Labor Statistics (BLS) provides extensive labor market data on women (and other worker groups) through its news releases, publications, and website...

About YouTube and Privacy and Copyrights

Posted on August 22, 2008
A bit of an old story about Google and YouTube and Viacom that I ought to have posted last month. This comes from The Indianapolis Star, Ruling may start troubling privacy trend | IndyStar.com:"It's a scenario privacy activists have warned about.'What we're seeing is (that) the theoretical is becoming real world,' said Lauren Weinstein, a computer scientist...

Contracts: Read' em!

Posted on August 20, 2008
SmallBizResource.com has something I wished I written in Small Print, Big Consequences:"When you take the time to read a contract before you sign it, you can try to get clauses like that changed. If a company wants your business badly enough, and the change is minor, (i...

Online Resources: Employment Law Guide

Posted on August 18, 2008
The federal Department of Labor also brings us the Employment Law Guide.Actually more of a guide to the DOL's employment laws.This Guide describes the statutes and regulations administered by the U.S. Department of Labor (DOL) that affect businesses and workers...

Non-compete Agreements Stifling Startups?

Posted on August 18, 2008
From Slashdot came Non-Compete Pacts Called Bad For Tech Innovation:carusoj writes in with NetworkWorld reporting from a panel at Harvard last week. It concluded that employee non-compete agreements have stifled tech startup development in Massachusetts, where the pacts are aggressively enforced, but failed to hold back the tech industry boom in states like California, where they are mostly unenforceable...

If The Tempo Seems to Have Been Slower

Posted on August 17, 2008
There were several good reasons. Between work and health issues I have been feeling like a ping-pong ball, but more on that later. I have neglected my blogging and hope to make up for lost time. Things should pick up this week.

Employment Law Online Resource: The EEO News Room

Posted on August 15, 2008
EEO News provides capsules of court opinions on employment discrimination. Employment Law Case Headlines is just what it says it is. The site also provides services relating to human resources, so I am seeing this page to be related to marketing its business side...

Online Resources - Minimum Wage Laws in the States - January 1, 2008

Posted on August 11, 2008
Want to know the minimum wage in all fifty states? See Minimum Wage Laws in the States from the federal Department of Labor. Nothing much more to say about the site/page.

What It Is Like to Ban Non-Compete Agreements

Posted on August 11, 2008
From Law.com comesCalif. High Court Brightens Rule Against Non-Compete PactsIn Edwards v. Arthur Andersen, S147190, the unanimous court held that a state statute with roots in 19th century laws gives California workers great freedom to switch jobs, to compete against old employers and to solicit former clients...

Employment Law Online Resource: The Privacy Right Clearinghouse and Employment Background Checks

Posted on August 08, 2008
Today's online resource comes from the The Privacy Right Clearinghouse and is directed towards employees - Employment Background Checks:"Whether you are hired or promoted for a job may depend on the information revealed in a background check. Job applicants and existing employees as well as volunteers may be asked to submit to background checks...

Online Resource for Elder Law: Legal News from the AARP

Posted on August 05, 2008
I suggest checking out the AARP's Legal Advocacy page for news and case law updates. The site has a national focus rather than an Indiana focus but which may still be useful. I would say the page is probably more useful for non-lawyers than for lawyers who are practicing elder law full time.

Online Resources: Employment Law Information Network

Posted on August 04, 2008
Employment Law Information Network was a resource I dropped due to information overload and a change of my practice. When I was doing in-house counsel work for a temporary employment agency, I subscribed to their newsletter. There was a lot of employment law information...

Here Is One Employment Case I Would Like to Know More About

Posted on August 04, 2008
Court rules in favour of UBS in UK wealth caseThe High Court judge has this morning ruled that UBS should be entitled to a springboard injunction on the grounds that Vestra deliberately solicited clients and staff away from UBS, and that senior ex-UBS staff breached their duty of fidelity...

Trade Secrets FAQ from Nolo Press

Posted on August 04, 2008
Nolo Press publishes Trade Secret Basics FAQ. For more Indiana information, see my Protecting trade secrets in Indiana.

Checklist - Incorprating the New Business

Posted on August 03, 2008
The following are the steps for incorporating in Indiana. Yes, these are things that a non-lawyer can do but do you really want to? If not, get yourself a lawyer. I am always open to taking on new incorporations through out Indiana.1. Check the availability of the corporate name with the Secretary of State, Division of Corporations...

Online Resources: Employment Law and Pregnancy Discrimination

Posted on August 01, 2008
The EEOC maintains a FAQ page on pregnancy discrimination, Facts About Pregnancy Discrimination. The subject covered are Hiring, Pregnancy and Maternity Leave, Health Insurance, and Fringe Benefits.Is there really any reason for an employer not to print this off and have it around the office? The ability for businesses to educate themselves has increased with the Internet and should not be ignored...

Slashdot Discusses Trade Secrets Superseding Patent Law

Posted on August 01, 2008
Those who know Slashdot probably do not need forewarning that the discussions there are voluminous and can run the gamut from silly to important. Being now forewarned, you might not want to take a look at The Death of Nearly All Software Patents?.Along similar lines is my post, Biotech Moving from Patents to Trade Secrets.

So? How Good is an Oral Contracts?

Posted on July 29, 2008
Franchise Trade's Oral Contracts: Do They Carry Any Weight? is something I wish I had written and something that should be read in full. The short, pungent answer is "Yes, they can." (The more lawyerly answer is they: depends on the contract.)"The answer is yes -- as long as you can prove it in court...

Is Your Company Ready for a Data Breach?

Posted on July 29, 2008
Evn if you think so, read InhouseBlog's How Ready Is Your Company to Respond to a Data Breach?:"Attorney Harry A. Valetk says in-house counsel should plan ahead and think about how to respond before an incident occurs. With this in mind, Valetk provides five key questions to test your company?s readiness to respond swiftly and effectively in case a data breach occurs...

Online Resources: Wills

Posted on July 29, 2008
Today, a small collection of resources for Wills and estate planning. Findlaw, and Cornell's Legal Information Institute have pages on Wills and estate planning that (I think) give good information to the general public (and there may be some things here for you lawyers reading this post)...

Online Resources: Lexis-Nexis' Labor & Employment Law Page

Posted on July 28, 2008
Yes, Lexis-Nexis' Labor & Employment Law Page is a commercial site. Still, it presents articles for free. Worth keeping bookmarked but I think a RSS feed would make the page (and its sibling pages) more useful (if not also more used). Lexis-Nexis describes the page as:Welcome to the Labor & Employment Law Practice Area Community from LexisNexis®...

Trade Secrets and Another Hiring Case

Posted on July 28, 2008
Thanks to The Trade Secrets Vault blog for the news - Bally hit with suit on hiring of CEO: "Michael Sheehan joined the Chicago-based gym operator as CEO on July 1, after nearly eight years at 24 Hour Fitness USA Inc., where he was most recently chief operating officer...

TLD's General Counsel Blog : Contract Disputes Are On The Rise

Posted on July 28, 2008
I am big cheerleader for what TLD's General Counsel Blog advocates in Contract Disputes Are On The Rise:"Contract disputes are on the rise. I always encourage small business owners to include attorney's fee provisions in all contracts to be able to recoup the expenses of collection or enforcement of agreements...

Online Resource for Employment Law: Equal Employment Opportunity Commission's Brief Bank Index

Posted on July 25, 2008
Yes, the EEOC's Brief Bank is online here. I should say sort of online. What you will get is a download of the entire index (you cna choose Word, RTC or Wordperfect formats). For me, that limits its usefulness.Memoryhole maintains the page and this is the site's description:>>> In 1998, The Equal Employment Opportunity Commission (EEOC) updated a unique and useful guide to some important aspects of employment discrimination law...

Needing an Elder Law Attorney?

Posted on July 25, 2008
Eldercare.com has a good article on why and how to choose an elder law attorney in Do I Need an Elder Law Attorney?:For now, let's push aside popular conceptions of lawyers and face the fact that lawyers serve a very important role in our society. An elder law attorney can be invaluable in helping ensure that your loved one is cared for in the best possible way, and that her best interests are considered when it comes to sticky and complicated issues involving the law...

Limited Liability Companies: What Are They?

Posted on July 24, 2008
Barely Legal Advice Blog's What is a Limited Liability Corporation actually a good job of describing what is a LLC. The article discusses how they compare to corporations, how they compare to partnerships, and their advantages and disadvantages. (There is another article here that covers about the same territory but I like Barely Legal's article better...

Indiana's Court Costs for the Year

Posted on July 23, 2008
As effective July 1 and continuing until the next General Assembly: COURT COSTS EFFECTIVE JULY 1ST,2008 THE CHANGE IS BASED ON INDIANA CODES.. ..THIS SECTION APPLIES TO ALL CIVIL, CRIMINAL, INFRACTION AND ORDINANCE VIOLATION ACTIONS: CASE TYPE CASE CLASS COSTS BREAK DOWN CODE 100% RECEIPTS CRIMINAL CRIMINAL FELONY FA,FB,FC,FD $164...

Who Enforces Your Rights as a Business?

Posted on July 23, 2008
You do. Tthinkbeta.com's It?s Up to You: Trademark Infringement not Uncle?s Watch hits on something that I never seem to explain well: "So the bottom line, YOU have to police copyright, trademark, patent etc. infringement. Uncle has not, and will not, do it for you...

Trade Secrets, Departing Employee News

Posted on July 23, 2008
Yet another departing employee draws litigation to the new employer. (For other, similar cases, just click on the "Trade Secrets" link below). This time Motorola sues a former employee taking a job with Apple. Who could not have seen this one coming?Information Week ran Motorola Sues Ex-Executive For Going To Apple:Motorola (NYSE: MOT) filed a lawsuit in Illinois a couple days ago against a former executive that left the company to become the head of Apple's iPhone sales division...

Trade Secrets and International Law

Posted on July 22, 2008
Not a subject that comes through my office (but one can still hope), but one that is possible and becomes more possible with every new business arriving on the Internet. Nor do I usually suggest reading a long, scholarly blog post, but TRADE SECRETS AND THE ROME II REGULATION ON THE LAW APPLICABLE TO NON-CONTRACTUAL OBLIGATIONS from The Trade Secrets Blog is both long and scholarly:Not the least important consequence of whether trade secrets are governed by Arts 4, 6 or 8 of the Rome II Regulation concerns whether the parties are free to make their own choice of applicable law pursuant to Art...

Online Resource: Business Valuation Resources

Posted on July 22, 2008
Valuing the closely-held business is a tough but important thing. When selling a small business, the question of the business' value comes into play. The business' value also becomes a key point when a member of the business exercises a right to sell their interest...

FOIA News: Bringing the Smithsonian Into The FOIA

Posted on July 22, 2008
Something from The Washington Post - Bill Would End FOIA Shield for Smithsonian:"The Smithsonian, created by Congress as a federal trust, was exempted from FOIA in two rulings in the mid-1990s. The U.S. Court of Appeals for the District of Columbia Circuit decided FOIA would apply to the Smithsonian only if Congress changed the law to say so explicitly...

Landlord-Tenant: Abandoned Property

Posted on July 21, 2008
How long must a landlord hold onto a tenant's property? Indiana has a statute on this:IC 32-31-4-2 Liability; abandoned property; court order allowing removal by landlord a) A landlord has no liability for loss or damage to a tenant's personal property if the tenant's personal property has been abandoned by the tenant...

Online Resource: Federal Motor Carrier Safety Administration Regulations

Posted on July 21, 2008
Give the federal government credit for providing easy access to the regulations for truck drivers on the Federal Motor Carrier Safety Administration site. Drivers - as well as lawyers - might want to take a particular look at Hours-of-Service Logbook Examples - Revised August 2005.

Washington Post article on qui tam case backlog for the DOJ sparks frenzy : Whistleblower Law Blog

Posted on July 20, 2008
Washington Post article on qui tam case backlog for the DOJ sparks frenzy : Whistleblower Law Blog: "Today, Washington Post writer, Carrie Johnson put qui tam front and center in the minds of everyone around the country, with her newsworthy and in-depth front page article 'A Backlog Of Cases Alleging Fraud- Whistle-Blower Suits Languish at Justice' in the Washington Post today...

New Seventh Circuit FMLA Opinion

Posted on July 20, 2008
The following came to me from The Indiana Lawyer:In Steven Peters v. Gilead Sciences, Inc., No. 06-4290, the three-judge panel reversed and remanded the case involving a Family and Medical Leave Act claim. Steven Peters had worked for the pharmaceutical company since 2001 and worked from his home in Indianapolis, marketing products to doctors and healthcare professionals...

Online Resource for Indiana Businesses: 21st Century Fund - Home

Posted on July 19, 2008
How many business owners know of Indiana's 21st Century Fund? That you do not may say more about the agency than you. If you are looking at starting a high tech business, then you really should check out this agency:"The Indiana 21st Century Research and Technology Fund was created in 1999 by the General Assembly to stimulate the process of diversifying the State's economy by developing and commercializing advanced technologies in Indiana...

Legislating an Employee Data Protection Policy - an Idea for Indiana

Posted on July 19, 2008
I vote yes, it would. With only two states doing this - so far - I cannot see Indiana being an early adopter (but then when do we adopt something early?)Take a look at the following from Connecticut Becomes Only the Second State to Mandate an Employee Data Protection Policy:Employers Must Create and Post a Social Security Number Policy...

Online Resources: Indiana's Open Door Law

Posted on July 18, 2008
I say the first and foremost resource for Indiana Open Door Law issues is Indiana's Public Access Counselor. The site has access to opinions, statutes, administrative rules, presentations and resources. The following are some of the resources:Public Access Handbook Public Records Request Guide for Offenders Guide to Filing a Formal Complaint Public Acces to Election Records Sample Records Request LetterSample Public Agency Records Request Response LetterFor those who do not know why I am making such a to do about this agency, this is from the agency's "About Us" page:The powers and duties of the public access counselor are the following: To establish and administer a program to train public officials and educate the public on the rights of the public and the responsibilities of public agencies under the public access laws...

Estate Planning for All Ages

Posted on July 18, 2008
I have tried to convince many people that they need a Will (at least) for more years than I care to admit without much success. Now, I would suggest they take a look at CareGuide's What Kind of Estate Plan Is Right for You?:We've sorted our tips into broad categories of family situation and age...

Selling A Business: Top Ten Tips For Entrepreneurs | 4 entrepreneur

Posted on July 17, 2008
4 entrepreneur writes about Selling A Business: Top Ten Tips For Entrepreneurs. I recommend anyone selling - or buying - a business read all of the post. Of the ten, I had to emphasize the following:4. Run the Negotiations Through the Lawyers. The entrepreneur should do what he does best ? i...

Forms: Indiana State Agency Forms

Posted on July 17, 2008
Courtesy of the Indiana Commission on Public Records (ICPR), there is a partial catalog of state agency forms:Note: Not all state forms are available on this catalog. Each state form is the property of a specific government agency, and a form is only available online if the agency has requested that it be placed in the catalog...

Indiana Court of Appelas and Joint Ventures

Posted on July 16, 2008
The Indiana Lawyer reports that the Indiana Court of Appeals has a new decision regarding joint ventures: COA sides with Lauth in casino suitLauth filed a motion for summary judgment in June 2006 claiming that the agreement formed a joint venture at most and that it was terminated when the Gaming Commission chose Trump over Lost River's proposal...

Franchising Common Sense

Posted on July 15, 2008
Thinking of buying into a franchise? Please read Dissed-enfranchisedg from MyBizBroker:"In a shaky economy, more people interested in running a business may turn to franchising, looking for a built-in roadmap to success. But here are three warnings that can be gleaned from the Cold Stone shakeout to consider before taking the plunge:1...

Online Resources: EEOC Laws, Regulations and Policy Guidance

Posted on July 14, 2008
Employers, employees both need to bookmark this page from the EEOC (U.S. Equal Employment Opportunity Commission): Laws, Regulations and Policy Guidance. The page acts as a portal for the following pages:Laws Enforced By EEOCEEOC RegulationsCompliance ManualEnforcement Guidances and Related DocumentsMemoranda Of Understanding

Wills and Executing Them

Posted on July 14, 2008
What scares most about online/do-it-yourself Wills is the execution of the Wills. Execution meaning the signing of the Will. Screw this up and a perfectly written Will becomes trash. (on the other hand, a poorly written Will does not get saved by a a perfectly executed Will signing)...

Employment Law: More on Employers Giving Employees Technology

Posted on July 13, 2008
Ajc.com's HANDLE WITH CARE takes a different slant than the usual article on the topic:"Your new job comes with a company-furnished PDA, cellphone and laptop computer. Sweet! What's not to like about free technology?But, before you tell all your friends your new number or start downloading from your favorite Web sites, best check the small print in the employee handbook...

Trade Secrets: Viacom and Google

Posted on July 11, 2008
A late post, sorry, but it seems some people just are not getting this (okay, high gas prices and an economy heading for the cellar and a presidential election might seem a bit more important) story about Court Rules Viacom Not Entitled To Google Trade Secrets:"A federal judge ruled Wednesday that Google need not reveal details of its search algorithm or ad platform to Viacom, which had requested the information as part of its $1 billion copyright infringement lawsuit...

Online Resources: Freedom of Information Act

Posted on July 11, 2008
Here is the federal Department of Justice's Basic FOIA Training Manual.The Associated Press also a FOIA page here.The Associated Press is the bastion of the people?s right to know around the world. With a long history of involvement in FOI issues and actions, AP is an industry leader in ?open government issues...

Online Resource: Corporate Legal Times

Posted on July 11, 2008
Corporate Legal Times provides a spare but accurate description of itself:A legal online magazine which provides readers with updated daily news and development of all local and national legal issues. Visit us often for the latest legal news.The site has sub-pages for the following: * Corporate Legal * Corporate Legal Times * Latest News * Lawyer Talk * Legal Blogs * Tech News(Being curious about the "Legal Blogs", I took a look and found what I would call more news rather than blogs: no blog roll, no links to blogs, no comment section...

Oneline Resource: Workplace Fairness: It's Everyone's Job

Posted on July 10, 2008
Workplace Fairness: It's Everyone's Job: "Workplace Fairness is a non-profit organization helping to preserve and promote employee rights. This website provides information about job rights and employment issues around the country and in all 50 states...

Trade Secret News: Ex-HP exec won't contest trade-secret theft charges

Posted on July 10, 2008
Another criminal case, BRIEF: Ex-HP exec won't contest trade-secret theft charges:"Atul Malhotra was a vice president for printing services at IBM when he obtained confidential pricing information in March 2006, according to charges filed Friday in San Jose's U...

Limited Liability Companies: The LLC Operating Agreement

Posted on July 09, 2008
Warning!: Another recurring theme for this blog approaches: the most important thing for a limited liability company (LLC) is its operating agreement.For what needs to into this agreement I suggest reading Anatomy of a Limited Liability Company Operating Agreement- What Must Be There and Why the Operating Agreement for an LLC is the Most Important Document to Your Business and my own Limited Liability Companies: What Does an Operating Agreement Do For a LLC?.

Creating Forms: A Technology Transfer Agreement

Posted on July 08, 2008
Deal Attorney Blog published Checklist for a Technology Transfer Agreement which I find a good example of how lawyers create forms. I know many come through here looking for forms but Indiana has few official forms for most subjects. Indiana lawyers create most of their own forms by looking at form books and the applicable law and then writing in just as the same manner as set out in the above article.

Dennis Kennedy on Becoming a Google Master

Posted on July 08, 2008
Let me say that I think we ought to be teaching Internet searching in high school. It is that important. Let me also say that I knew of some but not all of the techniques Dennis Kennedy writes about in Become a Google Master (and I should use more of them)...

Employers - Are you enforcing your computer and e-mail policies?

Posted on July 05, 2008
The moral of Employers Need To Be Careful To Avoid Waiving The Protections Of Written Computer And Email Policies from The Labor & Employment Blog is that you had better:The plaintiffs sued both Arch Wireless and The City of Ontario, as well as some individual defendants...

One Truly Great Article on Contracts and Agreements

Posted on July 04, 2008
Harry Thomas Hackney, P.A. of the Florida Law Blawg puts a lot of wisdom into his Get It In Writing AND Make It Clear:"I was listening to a podcast of a speech recently when the speaker said something such as ?Lawyers always say, get it in writing because then there is no doubt what you meant...

A Follow up of Sorts to "What is in a name? A lawsuit!"

Posted on July 03, 2008
I mentioned Morton's Pub & Grub in What is in a name? A lawsuit!. Today's Muncie Star Press reports the business is closing.Another downtown eatery that went public with its struggles to find and keep customers has closed. Morton?s Pub & Grub will close after July 19, owners Ty and Stacy Morton announced today...

Trade Secrets: Google Sued

Posted on July 03, 2008
Some news showing that anyone can be a defendant and any can be a plaintiff in a trade secrets case. This is from dBTechno: Google Sued By Start-Up Over E-Mail Switching Tool. "Washington (dbTechno) - Google has been sued by a Chicago start-up company named LimitNone...

Preventive Law: A View from the Big Guys

Posted on July 02, 2008
If you look around this blog you will find several posts on preventive law (like here and here and here) and this another. The Wired GC writes about a new agreement between the British firm Eversheds and its client Tyco under the headline Tyco and Eversheds, version 2...

Business Law: Employees and E-mail

Posted on July 02, 2008
The New York Times'A Company Computer and Questions About E-Mail Privacy brings an interesting case to light for me. The facts may make it impossible to duplicate exactly but I say it will be worth following:"In a lawsuit that he filed in May against Structured Settlement Investments, the finance company he used to run, Mr...

Biotech Moving from Patents to Trade Secrets

Posted on July 01, 2008
TMCNet's U.S. Patent Reforms Might Force Firms to Rely on Trade Secrets has several interesting points. First, it serves as a reminder of the interplay between patents and trade secrets. Secondly, it notes (what should be a familiar refrain if you have been reading my other articles on trade secrets) that effective trade secrets require planning and enforcement by the business...

Georgia Starts Selling Wine Online July 1

Posted on June 30, 2008
So I see in Meeting The Sin Laws Blog's Georgia's wine sales to go online:The Atlanta Journal Constitution reports here that, "[s]tarting July 1, Georgia residents can have any winery ship to them up to 12 cases a year as long as someone 21 or older signs for the shipment...

Getting of Student Loans

Posted on June 30, 2008
It cannot be done, but I suggest reading Shouldn?t you be able to discharge your student loans in a bankruptcy? that I found through The e-Legal Lawyer Blog. Anyone thinking of taking out a student loan needs to think about this.

Open Door Violation in Muncie

Posted on June 29, 2008
From the Muncie Star-Press's Public access counselor says Muncie violated law: "MUNCIE -- The city of Muncie gave The Star Press 'a number of problematic reasons' for denial of access to a proposed street-paving list for 2008, Indiana Public Access Counselor Heather Willis Neal has concluded...

FOIA and Supreme Court: Taylor v. Sturgell, 553 U.S. 2008. Briefly Noted

Posted on June 29, 2008
Taylor v. Sturgell, 553 U.S. 2008 gets reviewed in Case Report - US Supreme Court revives FOI request precluded as res judicata:"The Supreme Court?s decision does not turn on the specific nature of a public right of access, though it did reject an argument that the second requester had a reduced interest in controlling the first reqeuster?s litigation because a duty to disclose is ?owed the public generally...

Google Search Tips

Posted on June 27, 2008
I think we probably ought to be teaching high schoolers (junior high schoolers?) how to use Google and the other Internet search engines. They are becoming that important. Since we are not and some of us are far, far removed from high school, let me offer Top Search Tips as way to improve your Google searches...

Employment Law: Book Available for Auditing Pre-Employment Screens

Posted on June 27, 2008
The book is not from me. I learned of its existence from BRB's Public Records Blog's Audit Your Pre-employment Screening Practices: "The Safe Hiring Audit, a book available June 23rd, provides a blueprint to evaluate and improve a company's hiring procedures...

How to Get Information on Small Businesses

Posted on June 26, 2008
Something to help both lawyers and business owners. Take a look at Finding Competitive Information for Growing Companies: All early-stage entrepreneurs must address some basic questions in order to grow their businesses. These questions represent the most common strategic research needs of SMEs...

Trade Secrets: Another Case of Departing Employee Problems - Colorado This Time

Posted on June 26, 2008
Green Patent Blog's Court Orders Ex-Xantrex Veep to Stop Solar Inverter Work for Competitor contains a longish report on this case. By now the factual basis ought to be so commonplace as not to need mentioning:Xantrex?s complaint (xantrex.pdf) alleged that Thompson breached his employment agreement by leaving Xantrex and immediately starting employment with AE (the non-compete provision prohibited Thompson from working for any competitor within one year of leaving Xantrex)...

Check Out LexMonitor

Posted on June 25, 2008
One site I added last week was a feed to LexMonitor. Law Firm Web Strategy Blog has this to say about LexMonitor in Lexmonitor is Pretty Cool:The crew over at law blog developer Lexblog have launched a new legal blog aggregator, Lexmonitor. It?s pretty cool! It?s also the type of tool that will help sell RSS technology within the legal industry...

Consumer Law: Good Advice Dealing with Debt Collectors

Posted on June 25, 2008
The following is from Berger Legal, P.C. Employment Law Ledger's Responding to Debt Collection: ? Respond in a timely manner to any demand letters you receive;? Dispute in writing any debt that you believe is erroneous;? If you can't pay a bill in full, pay as much as you can;? Contact the creditor and try to arrange a payment plan that you can afford; and? Contact counsel as soon as possible if you receive any 'final demands', threats of litigation or are sued...

Online Resource for Businessees: Small Biz Survival

Posted on June 25, 2008
Not me but Small Biz Survival. The blog even gives a guided tour. Which I think is brilliant and something I might add to this blog. Good practical advice. Check it out.

FTC Revising its Business Opportunties Rule

Posted on June 24, 2008
If you are selling or buying a business opportunity, take a look at FR Doc E8-13899: "SUMMARY: In a Federal Register notice published on March 26, 2008,\1\ the FTC requested comment on its Revised Notice of Proposed Rulemaking (``RNPR'' or ``Notice'') in connection with the Business Opportunity Rule...

More Surprises in Premier Bankruptcy

Posted on June 23, 2008
The Indianapolis Business Journal reports that Ron White cannot be found to be arrested:Local law enforcement officials plan to cast a wider net in their quest to track down and arrest Christopher P. White, the founder of defunct developer Premier Properties USA Inc...

Employment Law: Supreme Court Latest Age Discirmination Case

Posted on June 23, 2008
Jackson Lewis's Supreme Court Rules Employers Bear Burden of Proving Reasonableness of Employment Policies and Actions contains good advice for employers:"Nevertheless, in its June 19th decision, the Supreme Court ruled that the employer must not only produce evidence supporting the reasonable factors other than age defense, but also must persuade the factfinder of its merit...

Updates on The Blog

Posted on June 23, 2008
Long term readers might notice some changes made over the past few days. Those who are new, please take a look around. My goal here was to share as much legal information as possible.First, the look got changed more by accident than by design. Blogger added the capability to add blog feeds instead of just links...

Employers DO NOT Dawdle Dealing With Sex Harassment Claims

Posted on June 22, 2008
No action or even tardy action costs. Take a look at HRLegalNews.com's Same-sex harassment costs company big:A male employee claimed he was sexually harassed by his male supervisor. After he made several complaints, the alleged harasser was demoted and moved to a different department...

Increase in Federal Minimum Wage Goes to $6.55

Posted on June 22, 2008
Thanks to Labor Law Center Blog's Federal Minimum Wage Goes to $6.55 because I forgot there would be an increase this year."On July 24 2008, the federal minimum wage will increase by 70 cents from $5.85 per hour to $6.55 per hour. The federal wage affects every employer with annual revenue over $500,000 per year, and those who engage in interstate commerce...

Blogging Employees - Is Your Company Prepared for Them?

Posted on June 21, 2008
Even if you think you are, you need to read HRTechNews.com's What!? Company liable for employee?s personal blog? :"An employee at software firm Cisco wrote an anonymous blog, which he used to criticize patent lawyers. He stepped over the line when he wrote particularly disparaging comments about two attorneys involved in a suit against Cisco...

Garden Leave - When to Use

Posted on June 20, 2008
Following up on my , let us go over when to use a gardening leave clause. I read the materials available on garden leave as presupposing a salaried or hourly employer rather than a person paid on commission. Take for an example Gardening leave from Biocrawler:"For example, the term is frequently used in Formula One motor racing to describe what happens when valued techical (sic) staff choose to move between teams...

It's Summertime and Time for Small Businesses Checkups

Posted on June 19, 2008
lexisONE(R) reprinted Small Businesses Should Plan Checkup and is worth taking a look at for business owners - although I would bring the business' lawyer as well as accountant for the checkup:"Accountants and tax professionals say the summer is a good time to take stock of a company and see whether it's meeting its goals and whether there's enough cash on hand for tax payments...

Indiana Law: New Mechanic's Lien Case

Posted on June 18, 2008
Give the Indiana Court of Appeals' WOODWARD v. HERITAGE CONSTRUCTION COMPANY, INC. (June 6, 2008, PDF format) a look for the following:The kind of facts regarding the timing for a mechanic's lien that will support a valid mechanic's lien. Here, the trial court specially found that Heritage ?continued to render valuable services on a sporadic basis up until July 22, 2005...

More Premier News: Owner to be Arrested

Posted on June 17, 2008
As reported by the Indianapolis Business Journal:The Marion County Prosecutor's Office today filed three felony charges against Christopher P. White, the founder of bankrupt development firm Premier Properties USA Inc.The charges include fraud on a financial institution, check fraud and theft-all Class C Felonies stemming from a $500,000 bad check that authorities say White deposited into an account with The National Bank of Indianapolis in January...

Trade Secrets - A Good Article to Read

Posted on June 16, 2008
I could not decide how to digest Musical chairs: brokers and insurers must fight to retain their clients when key employees leave. The article covers a lot of territory - some of it focused upon in my earlier posts on trade secrets. Yes, the article focuses on the insurance industry but the following points apply equally to any type of business: Companies have a variety of ways to protect themselves when employees leave and try taking business with them, said Steven A...

Bankruptcy Helping Business

Posted on June 16, 2008
With title like Entrepreneurship and the Barrier to Exit:How Does an Entrepreneur-Friendly Bankruptcy Law Affect Entrepreneurship Development at a Societal Level? it has to be written by professors and not even law professors but a pair of business professors...

Premier Properties to Be Liquidated

Posted on June 16, 2008
So I interpret Trustee working to determine Premier assets from The Indianapolis Business Journal:The auction of chairs, tables and other furniture-most of which has been stored in Premier's former offices in the Echelon building near 86th Street and Allisonville Road-will be handled by Christy's of Indiana Inc...

New Indiana Landlord-Tenant Law: Smoke Detectors

Posted on June 16, 2008
I noticed the following in Senator Lanane's legislative update:SEA 26 makes it a Class B infraction for a landlord's failure to properly install a smoke detector at the time a tenant moves into a unit or to repair an inoperative hard-wired smoke detector within seven days of receiving notice of the need for repairNot a bad thing but an infraction is the equivalent of a traffic ticket.

Online Resource for Business and Business Lawyers ? Turnaround Management Association

Posted on June 14, 2008
I understand the job of turnaround managers to be taking a viable but failing business and getting the business back on its feet. I did not know that turnaround managers had an association: Fact Sheet ? Turnaround Management Association:"The Turnaround Management Association (www...

Looking for a free credit report? AnnualCreditReport

Posted on June 13, 2008
Everyone needs to keep track of their credit reports. I think freecreditreport.com has done a great job of getting this point across (my step-kids can sign the commercial's song). I offer another site to get a free credit report: AnnualCreditReport:"This central site allows you to request a free credit file disclosure, commonly called a credit report, once every 12 months from each of the nationwide consumer credit reporting companies: Equifax, Experian and TransUnion...

Using Garden Leave for Departing Employees

Posted on June 12, 2008
I started writing about garden leave in Thoughts on Central Indiana Podiatry, Non-Competes, Garden Leave, and Physician Employment Contracts as an alternative to non-compete agreements. I make the following conclusions about garden leave:Garden leave has a use in Indiana employment law and no apparent obstacle stands in the way of using garden leave in Indiana...

Trade Secrets - News

Posted on June 11, 2008
The song goes on as before: employees moving between competitors means litigation.Clean Technology Intellectual-Property Claims On The Rise Employees moving among these companies will cause more trade-secret lawsuits, said Bob O'Connor, co-head of Wilson Sonsini Goodrich & Rosati's clean- technology practice and a partner with the firm...

New Column at Anderson Free Press

Posted on June 11, 2008
I finally found time to write The Law and You ? Part Three: Dealing With Lawyers for the e Free Press.

Anyone care to vote for Indiana Civil & Business Lawyer?

Posted on June 11, 2008
Blogged has this blog on its site and you can vote on how well you like it. A littel feed back from my readers would be a good thing. Thank you.

Business Law Blog to Keep an Eye on: BizzBangBuzz

Posted on June 11, 2008
Here is my criterion for praise: when I see something that I know is better done than what I have done. I have tried to post article that I think that are helpful to my business clients and I have tried to write law articles accessible to the general public as well as other lawyers...

Business Owners Take Heed! Preventive Law

Posted on June 11, 2008
Excuse the bluntness of this statement but in my opinion it is one that is too true: business owners neglect the legal risks to their businesses because they do not want to pay their lawyers until there is a "problem". Which does not explain why they pay their business insurance premiums...

Employers, Preventive Law and the Employee Leaving the Business

Posted on June 10, 2008
The best advice I found (lately) is this paragraph from Handle departing employees: When the grass is greener:There are two lessons from the HISL case: first, listen to your employees when they have good ideas. Second, if you wish to prevent departing employees taking preparatory steps prior to leaving employment to ensure their future income, or competing with you after they have moved on, make sure your contracts of employment are properly drafted...

Indiana Attorney General Stubs Toe While Enforcing Civil Investigative Demands

Posted on June 07, 2008
Who needs evidence? On Tuesday, The Indiana Lawyer published Court: Evidence needed to enforce CID. You will have to take a look at my post, See Litigation: Indiana Jurisdiction Over Out of State Companies, to get the full scope of the interest here...

Employment Laww Blog: Quirky Questions - Real-Life Employment Blog

Posted on June 04, 2008
While this particular blog focuses on Minnesota employment law, I like it. Written by Roy A. Ginsburg of Dorsey & Whitney, you got to like something named Quirky Questions - Real-Life Employment Blog. The blog describes itself as follows:"Nearly every day, executives and managers, and the Human Resources personnel who work with them, are confronted with unanticipated questions regarding the workforce...

Pre-Need Funerals - Ohio Senate Passes a Consumer Protection Bill

Posted on June 04, 2008
I cannot help but wonder if legislation like this reported in the Lancaster Eagle Gazette Ohio Senate Passes Pre-Need Funeral Consumer Protection Act is not related to the Nelms/Memory Gardens case here in Indiana:"Under Senate Bill 196, increased consumer disclosure is required when an individual purchases pre-need funeral services, including: How it is funded; revocation rights; under what circumstances a consumer can transfer pre-need arrangements to another funeral home; that the consumer is entitled to receive price information in accordance with the Federal Trade Commission Funeral Rule; and that the insurance company or trustee that receives monies pursuant to a pre-need funeral contract is required to notify the consumer in writing when monies are received...

Employment Law: United State Supreme Court on Retaliation Claims

Posted on June 03, 2008
Last week, the United States Supreme Court stirred up employment law by allowing a retaliation claim in two federal employment law cases where the statutes did not specifically create any such lawsuit.Jackson Lewis provides a short but succinct review of the case in Supreme Court Gives Green Light for Retaliation Claims Under Two Civil Rights Statutes:"The ruling is significant because §1981 has a longer statute of limitations than Title VII and, unlike Title VII, contains no limitations on the amount of punitive and pain and suffering damages available to a plaintiff...

Indiana Code 34-25-2

Posted on May 31, 2008
Indiana Code 34-25-2: "IC 34-25-2-4Plaintiff's affidavit Sec. 4. The plaintiff or a person representing the plaintiff shall make an affidavit showing: (1) the nature of the plaintiff's claim; (2) that the plaintiff's claim is just; (3) the amount that the plaintiff ought to recover; and (4) that one (1) of the grounds for an attachment enumerated in section 1 of this chapter is present...

For Those Wanting Forms: Legal Zoom Review

Posted on May 27, 2008
Many visiting here look for forms and that is not really the purpose of this blog. Instead, read What is LegalZoom? from eLawering Blog. I think the review does a good job of balancing the pros and cons of a service like LegalZoom.The review makes a point of something I have noticed about these online sites:The company claims that: "With LegalZoom's lawyer-free service, you can save up to 85% off the rates an attorney would charge for the same procedure...

Employees Beware of What You Are Doing on Your Company's Computer

Posted on May 26, 2008
The Muncie Star-Press publishes another warning of employees losing jobs over what they do online at work. I think that we all would know that a company owns its own computers and employees have no privacy rights on those computers. Then I read something like Companies monitoring employees and realize that the word either is not getting out or not being heard: "Employers have ways to monitor the e-mail you send and the Web sites you visit on your computer at work...

Trade secret Litigation News for the Week of May 24

Posted on May 24, 2008
Craig's List and eBay go at in California, Craigslist sues eBay and alleges corporate spy plan: In a lawsuit filed in California Superior Court in San Francisco, Craigslist challenged allegations in an eBay suit filed in Delaware state court in April that accused Craigslist of discriminating against eBay as a shareholder...

Justice Scalia on Persuading Judges

Posted on May 24, 2008
The American Bar Association Magazine excerpted parts of Justice Scalia's book on legal writing and argument in Making Your Case. I disagree with most of Scalia's jurisprudence but his advice about writing is spot on:Value clarity above all other elements of style In brief-writing, one feature of a good style trumps all others...

A slightly different estate planning: Pets

Posted on May 23, 2008
I suggest anyone interested in the topic take a look at Danny Meeks' Pet Trust Law Blog. To the best of my knowledge, this is the first blog on this topic.

Employment Law and Public Employees

Posted on May 23, 2008
Constitutional issues appear more easily with government employees than with private employees. Constitutional rights apply against the government and rarely against private employers. Still, there are limits to constitutional protections for government employees...

Starting a Business: Where to Incorporate

Posted on May 23, 2008
I say where you live is best. The students of the University of Illinois College of Law agree. They published Home Is Where the Most Economically Beneficial Laws Are: Finding the Best Location to Incorporate Your Business on their blog, The Illinois Business Journal...

Collections: Indiana Court of Appeals and Bank Garnishments

Posted on May 23, 2008
Time being short, I am relying on The Indiana Lawyer's Bank not required to restrict withdrawals for now:"In JPMorgan Chase Bank, N.A. v. Laura and Dennis Brown, c/o Green, Richard & Trent and Rebecca Recht, , No. 02A03-0801-CV-2, the appellate court had to interpret I...

Collections: Fraudulent Transfers, New Case from the Indiana Court of Appeals

Posted on May 22, 2008
The Indiana Court of Appeals held in Hoesman v. Sheffler (pdf) format that a debtor is not a necessary party to a fraudulent transfer suit (pages 8 -9). Hoesman involves a trustee converting money in a trust. Those thinking of a trust with a relative should read this case...

Employment Law: The Dangers of Non-Compete Agreements

Posted on May 22, 2008
Unlike Virginia Non-Compete Law Blog, I represent both employees and employers in regards to non-compete agreements. I emphatically agree with my Virginia colleague on the following:1. Do not sign a noncompete contract without first discussing with a knowledgeable attorney the impact the agreement can have on your and your family's future...

Online Resources - Public Citizen and FOIA cases

Posted on May 21, 2008
Public Citizen provides information on the following Freedom of Information topics (yes, it is a portal page):Drafting FOIA RequestsLegal Research & Litigation ResourcesSpeeches, Reports, Comments and Articles

Business Law: The Contract from Hell

Posted on May 21, 2008
What makes a badly written contract? Business owners who think the better contract brims with legalese needs to read How To Earn Undying Loyalty From Business Clients (Part 1) - Guest Blogger Anita Campbell.I came through law school after the start of the Plain English movement had begun but I think even without that education my natural impatience would have gravitated towards plain English in legal writing...

Consumer: Eco-Funerals

Posted on May 20, 2008
When I saw the title Eco-Funerals - Green to the Grave at the Toronto Estate Law Blog, I knew I had to read it. I heard of these on NPR several years back but I did not recall any mention of Canada, only of England and Arizona (if I recall correctly)...

Employment Law: Avoid Problems When Hiring

Posted on May 20, 2008
Worforce.com has a rather long but worth reading piece under the headline, The Hiring Process: A Primer of Legal Do's and Don'ts. Bookmark it, print it out, but reading it is worth the time.

Business Groups Bash Pivotal 401(k) Suit Filed Against Deere | workforce.com

Posted on May 20, 2008
Off the beaten path for me and this blog but Business Groups Bash Pivotal 401(k) Suit Filed Against Deere from workforce. com has some interesting news on 401(k) plans :"The ERISA Industry Committee, the American Benefits Council and the National Association of Manufacturers have filed a joint brief stating that the lawsuit should be dismissed in appeals court, where the case currently resides...

Following up on "More Fall Out From the Nelms/Memory Gardens Case"

Posted on May 19, 2008
I noticed Cemetery trust money should go to a third party from The Grand Rapids (MI) Press and realized I had not followed up on More Fall Out From the Nelms/Memory Gardens Case. HB 1026 did become law is now effective according to the Indiana Bill Info site.

Justices split on rental restriction case

Posted on May 19, 2008
The Indiana Daily Lawyer reports The Indiana Supreme Court came down on the side of a homeowner/landlord against a homeowners association. The following is from Justices split on rental restriction case: "The state's highest court has been quiet on the issue since hearing arguments in October 2006, but it simultaneously decided to grant transfer and issue an opinion in the case of Villas West II of Willowridge v...

Businesses and Contracts and a Follow up to "Looking Outside the Sandbox"

Posted on May 18, 2008
Rush on Business's Writing the Better Contract from Anita Campbell- Part II lead me to How To Earn Undying Loyalty From Business Clients (Part II) - Guest Blogger - Anita Campbell. I agree with Rush emphasizing the points about what makes a good contract:First and foremost, the better contract protects the client...

NDA's

Posted on May 17, 2008
Start Up Lawyer Blog's What is important in a confidentiality agreement or non-disclosure agreement (NDA)? should be read by a business owner, employer or lawyer looking at a confidentiality agreement. Here are two examples.Need for an agreement. Entering into an NDA increases the risk that the recipient may face charges of trade secret misappropriation if it develops similar information in the future or inadvertently discloses or uses the information...

Interstate Trucking: New Regulations on Driver Qualifications

Posted on May 17, 2008
I know I am a day late on this but see the following post for why the posts here are a bit untimely. You can access the proposed regulations - with the deadline for making comments - at the following:Qualification of Drivers; Exemption Renewals; Vision

Silence is not always golden

Posted on May 17, 2008
I am back from about 40 hours of misery. The doctor told me that it was some kind of allergic reaction. I told him I never used to have allergies. He say, these things happen when you get older. That got me thinking of atrophy and entropy - two subject that always get me depressed...

Online Resources: Open Source for Lawyers

Posted on May 16, 2008
Probably you have some idea of open source software, but whether you do or do not take a look at Open Source for Lawyers - Home. The site describes itself this way:"If you are a lawyer or legal worker who is interested in implementing open source software in your practice, you have come to the right place...

Looking Outside the Sandbox

Posted on May 16, 2008
Let me be frank that this post has little to do with law but a lot about lawyers, clients, how lawyers practice law and how I think clients perceive lawyers. After twenty years of practicing law in Indiana, having been computerized for the past 15 years, being connected to the Internet for the past 12 years and running this blog for the past year, I have some opinions and ideas...

New Business Blog and Some Comments on Business Partners

Posted on May 16, 2008
I think some will find RICHDAD interesting reading for business owners and investors even thought it is not a law blog. But as my long time readers know, I like to make mention of business blog that give practical advice and I think RICHDAD's Finding the Right Business Partner has some practical advice:"Finding a great partner like Ken is similar to finding a great husband or wife -- you have to kiss a lot of frogs before you find the prince or princess of your dreams...

Online Resources: The IT Law Wiki

Posted on May 15, 2008
Need to know more about the law and information technology? The IT Law Wiki describes itself this way:This wiki is an encyclopedia of the legal issues, cases, statutes, events, people, organizations and publications that make up the global field of information technology law (often referred to as ?computer law?)...

Indiana Limited Liability Companies and Fiduciary Duties

Posted on May 15, 2008
Reading Chancery Gives Victory to "Freedom of Contract" and Refuses to "Find" Fiduciary Duties in LLC Agreement When Not Clearly Stated from Delaware Corporate and Commericial Litigation Blog gave me a reason to tout Indiana as a place for forming a limited liability company...

Trademarks and Larry Bird

Posted on May 15, 2008
News from The Indiana Daily Lawyer about a new trademark case out of Indiana. Larry Bird sues over use of name and I am hard put to think of another name in this state and especially in French Lick which lead to this kind of lawsuit."Bird filed the suit, Larry Bird v...

Indiana Law on Breach of Fiduciary Duty

Posted on May 14, 2008
First, what is a fiduciary duty? Where one is in a position of trust to others then that person has a fiduciary duty to those others. Second, when can one sue for a breach of fiduciary duty? When the person having the trust commits an act clearly in his own interest and against the interest of the corporation, a breach of fiduciary duty occurs...

Premier Bankruptcy News

Posted on May 14, 2008
The Indianapolis Business Journal shows some problems with the Premier Chapter 11 Bankruptcy case. With Trustee to intervene in Premier bankruptcy, the story highlights some problems of many Chapter 11 case. Albeit, this case seems an extreme example:"The U...

A New Idea to Aid in Caring for Age Parents

Posted on May 13, 2008
I keep saying that everyone needs to think about advanced directives: a power of attorney, healthcare power of attorney, and a Living Will. I am now intrigued by an idea I found via You and Yours Blog's Family Contracts to Make Siblings Get Along for the Care of Aging Parents in the Dallas Morning News Caring for pops: Put it in writing:"To manage that familial strife, Mr...

Speaking of Defamation - A Georgia Case and Indiana Law

Posted on May 12, 2008
I wrote a bit about Indiana defamation law in Business Defamation/Trade Secrets. Reading the following from Quick Takes -- April 15, 2008 from Workforce.com made me think I should repeat myself:"You Can?t Say That: Slander allegations made by an ex-employee of Amerisave Mortgage Corp...

Online Resources: Estate Planning and Elder Law

Posted on May 11, 2008
Credit Wake Forest Law School's Elder Law Clinic with a compact collection of links to books, articles, and newsletters relating to estate planning and elder law. No, it is not legal advice but legal information. Like this blog, it is a place to start your legal research and not its end.

Happy Mother's Day

Posted on May 11, 2008
I wish all of you a Happy Mother's Day.

Business Defamation/Trade Secrets

Posted on May 10, 2008
Someone asked me an interesting question about a customer contact/relationship database. With customer relations management (CRM) being touted as so important for businesses of all sorts, could there be action against a company for content of its CRM database?While CRM might contain or be a trade secret of a company, any content from its clients ought not be trade secrets of any sort...

LLC Uniform laws

Posted on May 10, 2008
Not too often do I write about theory rather than practice, but reading A model for LLC laws (Thanks to Delaware Corporate and Commercial Litigation Blog for its Ribstein on LLCs that lead me to Professor Ribstein's article).I do not know that our General Assembly has given any thought to revising our LLC statute...

Funeral Home News: What is the FTC doing in Pittsburgh?

Posted on May 09, 2008
WTAE from Pittsburgh reports that the FTC followed up the television's investigation into the area's funeral homes compliance with the FTC Funeral Home Rule. Now the strangeness apparently starts:But the FTC refuses to tell consumers exactly what the funeral homes did that was wrong...

Indiana Business News: State Funds for ESOPs

Posted on May 09, 2008
The Indianapolis Star reports on a new sate program which should encourage employee stock ownership programs here.Indiana State Treasurer Richard Mourdock on Tuesday announced a $50 million program to help workers set up employee stock ownership programs...

Employment Law: Federal FMLA Jury Instructions

Posted on May 08, 2008
The Indiana Daily Lawyer reports that the 7th Circuit Pattern Jury Instructions Committee is accepting public comments on jury instructions for Family Medical Leave Act cases. The IDL had the following contact information:Comments should be e-mailed to U...

Online Resource: Startup Company Lawyer

Posted on May 07, 2008
Startup Company Lawyer is a lawyer's blog out of California. Here is a description of the writer and the blog: Yoichiro (?Yokum?) Taku is a corporate and securities partner in the Palo Alto, California office of Wilson Sonsini Goodrich & Rosati. My WSGR web bio is here...

From the News - A Trade Secrets Mess in Virginia

Posted on May 07, 2008
Google Alerts brought the headline Wife of Danville councilman to appeal trade-secret decision to my attention and it raises some very interesting points for such a short article.The story raises points about trade secrets, fraudulent conveyances, collections, and litigation in general...

Keep saying this: trade secrets can unmake my business.

Posted on May 07, 2008
From Pilotonline.com's FAI's founder lays blame for problems on executives:Two years ago, George Christian said he had amassed enough wealth to leave his company in other executives' hands and spend his time traveling the world and playing poker.***Christian said he cannot afford to hire an attorney to respond to the Virginia attorney general's charges against him and his company...

Starting a Business - Is the Idea a Good Business

Posted on May 06, 2008
4 Entrepeneur hits hard with Is Your Great Idea A Real Business?:The first question you should ask: Do you have a compelling value proposition? This point is forever worth repeating: Great ideas are only great business ideas if you can convince people to pay for your product or service at a price above what it costs you to deliver it...

Employment Law for Businesses: FirstStep Recordkeeping, Reporting and Notices elaws

Posted on May 06, 2008
The federal Department of Labor put a big effort into publiczing its FirstStep Recordkeeping, Reporting and Notices elaws.First, a press release (U.S. Department of Labor releases new ?elaws? tool to help employers comply with recordkeeping, reporting and notice requirements) with the following: The new FirstStep Recordkeeping, Reporting and Notices elaws Advisor has been integrated into a FirstStep suite of advisors that also includes the revised and expanded FirstStep Poster Advisor and FirstStep Employment Law Overview Advisor...

Indiana jurisdiction over out-of-state defendants

Posted on May 05, 2008
How do Indiana courts have jurisdiction over people and businesses not residing Indiana courts? After all, Indiana's civil jurisdiction ends at its borders.Indiana's Trial Rule sets out how to get jurisdiction. Indiana Trial Rule 4.4 (Service upon persons in actions for acts done in this state or having an effect in this state) sets out the categories of actions by defendants which give Indiana court's jurisdiction over those defendants...

Indiana Business Opportunity Transactions Act

Posted on May 05, 2008
For those buying or leasing goods from another to start a business, take a look at Indiana's Business Opportunity Transactions Act. The statute came to my attention when I found online a complaint filed by Indiana's Attorney General. The complaint is to be found here...

Online Resources for Law

Posted on May 05, 2008
Not endorsing - just informing.Global Legal Iinformation Network:The Global Legal Information Network (GLIN) is a public database of official texts of laws, regulations, judicial decisions, and other complementary legal sources contributed by governmental agencies and international organizations...

Starting a Business? Why You Need a Lawyer!

Posted on May 05, 2008
I have written before about why having a lawyer from the beginning is a good thing for a business. Now Michigan Business Law Blog has done a very good job of putting all the reasons into a list of eight. Everything in Why You Should Contact a Lawyer Before Organizing Your New Business applies to Indiana businesses...

Forms, JD Supra, and What Do You Think?

Posted on May 05, 2008
Consider this post as an open invitation for comments. I encourage anyone to let the world (well, the very small slice of the world reading this blog) know what they think about posting forms to Net and JD Supra.JD Supra is a recent and probably important Internet legal resource...

Suing Bloggers - Sort of a Follow up to "Employees and the Internet"

Posted on May 04, 2008
Along the lines of my post Employees and the Internet and extending it a bit further is Enjoining Damaging Web Posts by Former Employees Comes at a Steep Price from Workplace Privacy Counsel:Employers should view the Bank?s experience as a cautionary tale...

The Legal Antiquarian Blog

Posted on May 04, 2008
Probably more for lawyers who have a bent for history than for those of you who find themselves here, but since I am a lawyer with a bent for history I like what I see (so far) at The Legal Antiquarian.Professor Hoeflich describes the blog's purpose as:...

The Indiana Funeral Home and Cemetary Law Wiki

Posted on May 04, 2008
While not yet ready for public display, I decided about six weeks ago to work on a special project involving Indiana's law on funeral homes, cemeteries, and related subjects.Why a wiki? Because unlike this blog, a wiki is meant for collaboration. Binary Law's Blogs vs wikis for an explanation of the uses of a wiki versus a blog...

Who Controls Indiana Cemetery Plots?

Posted on May 04, 2008
Let us assume one person wants to buy a headstone for another person's grave site, can they do so? This question depends on the ownership of the burial plot.Indiana statutes define the ownership rights to multi-space plots. joint multi-space plots, and family burial plots...

Online Resources: The Federal Rules of Evidence

Posted on May 03, 2008
I probably ought to just post a link to Cornell's Legal Information Institute as being the online legal resource. I have been visiting this site for over ten years now and there is a wealth of information. Today, I will just highlight the Federal Rules of Evidence (2007)...

Online Resources: Justia Regulation Tracker

Posted on May 03, 2008
Need to keep up with or find federal regulations? Check out Justia's Regulation Tracker. It is still in beta and that means it is not quite a final product - yet. I find it useful and hope you do also.

Do Corporate Governance Procedures Apply to Indiana Limited Liability Companies?

Posted on May 02, 2008
Not a question that has come up in Indiana but has in Delaware. See LLC Not Subject to Corporate Governance Standards of Corporations.From the description of Delaware law given in this post, I do not think there is any great difference with Indiana law...

Indiana Law on Judicially Dissolving a Limited Liability Company

Posted on May 01, 2008
Indiana has no case law on dissolving a limited liability company. The statute setting the procedure for judicially dissolving a LLC is IC 23-18-9-2:On application by or for a member, the circuit or superior court of the county in which the limited liability company's principal office, or if there is none in Indiana, in which the registered office is located, may decree dissolution of the limited liability company whenever it is not reasonably practicable to carry on the business in conformity with the articles of organization or operating agreement...

So What Is Contract Law?

Posted on May 01, 2008
At forty-eight, I doubt I have time to answer that question. Here is a far less facetious answer: it is the law of private agreements. I can more easily say that contracts are more than the paper that most people think are contracts. Those documents saying contracts exist more as evidence of the agreement...

Trade Secrets: Thinking About Security

Posted on May 01, 2008
Thanks to Indiana Trade Secrets Blog for pointing the way to People and Security Rules which makes a very good point:Procedures are a tough balancing act. If they're too lax, there will be security problems. If they're too tight, people will get around them and there will be security problems...

Trademarks: Champagne

Posted on April 30, 2008
I suggest reading Produced in Champagne, but What Do You Call It? from The New York Times is not the typical trademarks article. First, it is European although the broader enforcement issues of a trademark remain the same. Second, it involves a treaty rather than a statute, but remember under our federal constitution that treaties are a source of law...

Trade Secrets: Voicemail Sinks Case

Posted on April 30, 2008
Law.com reports that a California trade secrets case may have been lost by one party's lawyers leaving a message on the other parties' voicemail.In Jasmine Networks Inc. v. Marvell Semiconductor Inc., S124914, Marvell attorneys had argued Jasmine wasn't entitled to use a voice mail that Matthew Gloss -- Marvell's former general counsel -- and two colleagues had inadvertently left on the telephone of Jasmine's top lawyer...

So What is Wrong About Using Online Forms?

Posted on April 30, 2008
I had thought to do a dissection of some of these forms until I read The Perils of Using Form Agreements from Deal Attorney. I think this article is a good place to start for anyone contemplating using an online form.I think the article offers a more subtle reward for you non-lawyers - even those who are not in business...

Employment Law and Social Networking Sights

Posted on April 29, 2008
Suggested reading for employers and employees alike from The Washington Post: When Young Teachers Go Wild on the Web.Part of me wants to say that college educated, licensed people like teachers ought to know better. So having written that, let me go on to observe that some do not know better...

Following Up on "Trade Secrets Litigation: Allstate Posts Documents Online"

Posted on April 29, 2008
Womble Trade Secrets Blog posted about Allstate's putting alleged trade secrets up on the Net. Its Good Hands Trade Secrets: Allstate Releases Data on How it Sets Rates from April 8 has two points not included in my Trade Secrets Litigation: Allstate Posts Documents Online:Allstate said Monday that it didn't post the documents in response to Friday's court ruling, noting that it could not have created a site with 150,000 pages that quickly...

More Premier Properties Information

Posted on April 29, 2008
Indiana Commercial Foreclosure Law has a timeline (with links) for the Premier Properties case I wrote about in Why We See Few Receiverships.Thanks to Indiana Commercial Foreclosure Law for showing me the way to Bridgewater Falls put in receivership from The Cincinnati Enquirer...

Online Resoources: Searchable e-Discovery Case Log

Posted on April 29, 2008
A bit more for any lawyers is K&L Gates' Searchable e-Discovery Case Log:"K&L Gates maintains and continually updates a database containing over 900 electronic discovery cases collected from state and federal jurisdictions around the United States...

Rocky Brands - A Follw up on Trade Secrets News Roundup of 2/18/08

Posted on April 29, 2008
According to Columbus Business First, Rocky Brands settled its trade secrets case: The Nelsonville-based footwear maker on Monday said it reached a settlement with former Rocky employee Glen Bratcher, his company and a Chinese manufacturer it alleged were using trade secrets to make boots nearly identical to some Rocky lines...

Certification Requirements for Imported Natural Wine

Posted on April 28, 2008
New regulations proposed and can be seen here.SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau is adopting as a final rule, without changes, the temporary regulations implementing the certification requirements regarding production practices and procedures for imported natural wine...

Piercing Liability Protections of a Limited Liability Company - Some Ideas by Way of North Carolina

Posted on April 28, 2008
Wilmington North Carolina Business Law and Litigation Attorney Blog has a multi-part article on getting past the personal liability protections of a LLC. This article bears paying attention to for Indiana limited liability companies.I have yet to see a case from Indiana on the subject but it is one that interests me both from the perspective of creating limited liability companies for clients and also because I may be suing a limited liability company...

Franchise Financing News

Posted on April 28, 2008
My Biz Broker's More On Franchises interests me for this bit of information:Indeed, with banks becoming more tight-fisted, the SBA is becoming the place more would-be franchisees are turning to. It?s what the SBA was created for, to provide access to capital for small businesses who can?t get it through conventional means...

Trade Secrets Video

Posted on April 28, 2008
The Trade Secrets Vault posted a link to a law school lecture on trade secrets. The lecture tries to answer the question Why Do We Have Trade Secrets?. I am not sure how many non-lawyers will sit through a 45 minute lecture. I find this interesting regardless of the sound quality - but then I am a lawyer interested in this area of law, aren't I?Who do I think should listen to this video?Those in the DIY crowd who think they can handle trade secret matters on their own...

Follow Up on "Restaurants and intellectual property"

Posted on April 27, 2008
Trade Secrets Vault Blog reports in April 19 post Chef?s Lawsuit Against a Former Assistant Is Settled Out of Court settlement of the Pearl Oyster Bar case mentioned in my posts Restaurants and intellectual property and Thinking more about restaurants and intellectual property #1...

What can an Indiana employer do about hiring an Employee who might have trade secrets?

Posted on April 27, 2008
Other than not hiring a person from a competitor because you know they have trade secrets, I find the following general rules from Trade Secret Misappropriation By Employee: Is The Employer Liable? are a very good start:...., employers hiring employees from competitors should, at a minimum, first ascertain that there is no non-compete agreement with the prior employer...

Ah, The Vagaries of Litigation

Posted on April 26, 2008
Read Trade Secret Jury Verdict : Redwood Health Services v. Clifford Der, dba Benefit Brokerage Services from The Trade Secrets Vault Blog to understand what I mean by vagary.Verdict-Defendant : The jury found in favor of the plaintiff on the counts of breach of fiduciary duty and interference of contract, and awarded it $59,780...

New Real Estate Case from the Indiana Court of Appeals

Posted on April 26, 2008
The Indiana Court of Appeals handed down Hays v. Hays (PDF format) yesterday. At issue was interpreting a deed's first-right-of-refusal clause and Indiana's partition statute. The parties involved were the son of the grantors and the wife of a deceased son...

Small Business Estate Planning

Posted on April 26, 2008
Some good ideas from TLD's General Counsel Blog:A buy-sell agreement is one option (which won't be discussed here in this post) and setting up an estate plan is another option often considered. If you set up an estate plan to include a revocable living trust, you can assign or transfer your business interest into your trust and specify what happens to that share of the business interest...

Notice, Preliminary Injunctions, Employment Contracts, and The Indiana Court of Appeals

Posted on April 26, 2008
Ordinarily, preliminary injunctions come before trial on the substantial issues of the case. Not in Roberts v. Community Hospitals of Indiana, Inc. (PDF format).If the court consolidates the preliminary injunction with trial, there has to be proper notice given to all the parties...

Why We See Few Receiverships

Posted on April 25, 2008
The Indianapolis Business Journal sums up the reason in the first line of Premier Properties retreats into bankruptcy:"Premier Properties USA Inc. filed for bankruptcy protection yesterday, narrowly avoiding the appointment of a receiver to take control of the troubled Indianapolis company...

Speaking of General Counsel: TLD's General Counsel Blog

Posted on April 24, 2008
I make a few comments below about general counsel for a business. Out of California comes TLD's General Counsel Blog giving us an example of the range for a general counsel and some good blogging, too. Tremaine, Lumsdaine & Doyle (the TLD of the title) subtitled their blog as "A Compendium of Matters of Interest to Businesses in California"...

Making the Most of Your Lawyer

Posted on April 24, 2008
Thanks to Wilmington North Carolina Business Law and Litigation Attorney Blog for the lead to Getting the Most From Your Attorney from The New York Enterprise Report.The Wilmington North Carolina Business Law and Litigation Attorney Blog noted the following and I want to add an amen to this statement:...

Virtual Worlds - Virtual Law?

Posted on April 24, 2008
Going a bit afield for this post, but I decided while reading Virtually Blind's Blawg Review #156 that the future is here. I read William Gibson's cyber-punk novels a long time ago and some of the ideas and news discussed in the blog post seem very familiar...

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.

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...

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.

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.

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.

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...

Consumer: Debt Relief Agencies

Posted on February 25, 2008
Before 2005, I had a consumer bankruptcy practice. I learned to dislike the consumer counseling agencies for promising much and delivering on nothing. Which is why I read The New York Times' Debt Relief Can Cause Headaches of Its Own with interest and quote it at length below...

Consumer: The Indiana Foreclosure Prevention Network

Posted on February 25, 2008
Indiana remains a hotbed for mortgage foreclosures. If you are facing this problem, take a look at Indiana Foreclosure Prevention Network (IFPN)The Indiana Foreclosure Prevention Network (IFPN) is a public-private partnership of community-based organizations, government agencies, lenders, realtors, and trade associations that has devised a multi-tiered solution to Indiana?s foreclosure problem...

Funeral Planning

Posted on February 25, 2008
Today's Washington Post published Hey, It's Your Funeral. I find it a bit on the lightweight side and a bit on the eccentric side. I cannot imagine many building their own coffins. As a lawyer, I think emphasizing an ethical Will over estate planning and a Last Will and Testament is a bit silly...

Indiana Online Resources: Professianl Licensing Agencies

Posted on February 25, 2008
If you have a professional license from Indiana or you want to find to find out about professional licensing in Indiana, you need to know about Indiana's Professional Licensing Agency. Everything from nurses to hairdressers to plumbers to doctors has a licensing board...

Trade Secrets News Roundup

Posted on February 18, 2008
A few cases popped up in the news this week. Two have the same theme of departing employees taking trade secrets. Let's all say it together one more time: hiring employees from competitors is good for employing lawyers and giving judges work.For our first case of departing employees and trade secrets, we From The Athens Messenger comes Rocky Brands files lawsuit over use of its trade secrets which has an interesting twist: The lawsuit was filed last week in U...

Indiqana Court of Appeals Holds Federal Arbitartion Act Controls Interstate Contracts

Posted on February 17, 2008
On February 8, 20085, the Indiana Court of Appeals decided Lasalle Group, Inc v. Electromation of Delaware County, Inc. (PDF format). Since the contract was between companies of different states and had an arbitration clause, the Federal Arbitration Act applied to the case...

Business succession planning article

Posted on February 17, 2008
I read Key to business longevity: Keep it all in the family from The Indianapolis Star as providing an example of business succession planning - its successes and its need:Bill Howe, a 75-year-old San Diego-based family-business counselor with SCORE, a nationwide business mentoring agency, said he started or created five businesses in specialties that range from plumbing to signs to water filtration that his children eventually took over...

Reviewing the Proposed FMLA Regulations

Posted on February 16, 2008
Employer Law Report reviews the same proposed FMLA regulations I noted in Employment Law: FMLA News.The following contains the general point made in Proposed FMLA Regulations Largely Disappointing for Employers:"As we reported yesterday, the Department of Labor (DOL) issued new proposed regulations governing enforcement of the Family and Medical Leave Act (FMLA)...

Consumer Law: Suing Debt Collectors

Posted on February 16, 2008
Indiana has no state law comparable to the federal Fair Debt Collections Practice Act (FDCPA). Which means if you want to sue a collection agency in Indiana, then you need to know about the FDCPA. The Federal Trade Commission has a FAQ (Frequently Asked Questions) here (which is in PDF format)...

Patents from Blawg Review

Posted on February 15, 2008
I do not mention Blawg Review. I probably should. Blawg Review is a weekly roundup of law blogs or law related blogs written by different lawyer bloggers. The Invent Blog concentrates on patents and inventions in Blawg Review #146

Office Romance

Posted on February 15, 2008
From Workforce Blogs - The Business of Management:"Well, here?s a news flash: It?s not. Office romances have always been part of the equation in any workplace since the dawn of time, and there?s no evidence that the problem has gotten appreciably better or appreciably worse...

Trade Secrets: More on Memorizing Trade Secrets

Posted on February 15, 2008
Ohio Employer's Blog has a fuller discussion of the Ohio case I wrote about here. See Ohio Supreme Court holds that retained memory can constitute a trade secret. I found the following a very interesting insight: This case will not only expand trade secret protection, but also the class of employees against whom noncompetition agreements can be enforced...

Franchising News: Basketball

Posted on February 15, 2008
Hoosier Hysteria has a new outlet? I pass along Taking shot at franchises Fishers? Fieldhouse hoops venue signs 2 deals, plans many more from the Indianapolis Business Journal without much more comment than these quotes:"Scott Burton, CEO of The Fieldhouse, said deals have already been signed with franchisees in Merrillville and in Naperville, Ill...

New Trucking Regulations

Posted on February 15, 2008
The Federal Register shows a new federal Motor Carrier Safety Regulation being proposed, FR Doc E8-2605:"SUMMARY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 20 individuals...

Indiana's Deceptive Consumer Sales Act - Part 2

Posted on February 13, 2008
What is a deceptive act for Indiana's Deceptive Practices Act?IC 24-5-0.5-3(a) has nineteen (yes, 19) different acts that can be a deceptive practice.(1) That such subject of a consumer transaction has sponsorship, approval, performance, characteristics, accessories, uses, or benefits it does not have which the supplier knows or should reasonably know it does not have...

Another Vote for Getting a Buy-Sell Agreement

Posted on February 13, 2008
Jeff Dennis has a column, Lessons from the edge on Canadian Business Online that includes excerpts from his book of the same name. He describes the book as "a chronicle of entrepreneurs who lost or almost lost their companies, and what they learned in the process...

Bank Not at Fault for Opening Account for Thieving Employee

Posted on February 13, 2008
Want a scary story? Take a look at High court affirms summary judgment for bank. Adjuster opens bank account and deposits money that ought to have gone to employer. Indiana's Supreme Court says bank owed no duty to employer and therefore no liability against the bank...

Employers - Protect yourslef against wage claims

Posted on February 13, 2008
Here comes another example of how an employer can protect themselves from unnecesary lawsuits. Put another way, not protecting yourself makes makes necessary an unnecessary lawsuit. I suggest reading all of The Wage and Hour Class-Action Epidemic but study these points: 1...

The Indiana Law Blog is back: About

Posted on February 13, 2008
The Indiana Law Blog is back: About this blog - More on: Announcement from the ILB editor. My best wishes for Ms. Oddi.

Following up on the Nelms case

Posted on February 12, 2008
While the State of Indiana goes after Robert Nelms for possible fraud regarding cemetery funds (see my post here, here and here), The Indianapolis Business Journal reports others sued the financial services firms, Memory Gardens lawsuit seeks $20M:An Indianapolis law firm has filed a class-action suit seeking more than $20 million from a pair of financial-services firms it says facilitated the transactions that allowed a New Jersey couple to plunder cemetery trust funds...

Citizen Media Law Project Launches Legal Guide

Posted on February 12, 2008
New guide favoring online publishing information but does have some general business information:Forming a Business and Getting Online, which covers the practical issues to consider in deciding how to carry on your online publishing activities, including forming a for-profit and nonprofit business entity, choosing an online platform, and dealing with critical legal issues relating to the mechanics of online publishing...

Rading around: BNET for businesses

Posted on February 11, 2008
I found this site on Saturday and not had much chance for an in-depth exam but that is because there is a lot here: marketing information, management information, health information, book reviews and videos. BNET.com describes itself as the go-to place for management...

Retail Insights for the Small Business

Posted on February 11, 2008
The Indianapolis Star's From grass roots to grocery shelf has some interesting points for businesses and start ups:Henderson's is a story of a local entrepreneur making the leap to the retailing big leagues. But it's a rarity."The likelihood of being successful with a new product is close to the likelihood of winning Powerball," said Richard Feinberg, a retail professor at Purdue University...

Does Memorizing a List Equal Stealing Trade Secrets?

Posted on February 11, 2008
It does in Ohio and it might in Indiana. The Ohio Supreme Court interpreted its version of the Uniform Trade Secrets Act to include a memorized list of business' clients. Since Indiana trade secrets law is the Uniform Trade Secrets Act, this case has possible application here...

Starting an Indiana Business - The Indiana Department of Revenue

Posted on February 08, 2008
I generally do not bring up tax issues. Not being an accountant, I avoid getting into the nitty-gritty of tax law. This post still avoids the details of tax law for more general. Indiana's Department of Revenue has the following information for new businesses in Indiana at Register a Business...

Are you ready for tax time?

Posted on February 08, 2008
Read Find tax breaks for your business before seeing your accountant. You do have an accountant for your business, right?

Probate news: The James Brown Estate

Posted on February 08, 2008
From what The New York Times' reports, the James Brown estate has problems: Mr. Brown?s estate was already the subject of a raft of lawsuits and squabbling involving his children, grandchildren, children whose paternity has been asserted but not yet proved, three wives and a companion who says she was his fourth wife...

Looking for information on the restaurant business?

Posted on February 08, 2008
You might want to take a look at Nation's Restaurant News.

Practice Management: Why Here Is There and There is Here

Posted on February 07, 2008
With the Internet and tools like this:Google Apps is a cool way to collaborate on documents with co-workers and share calendars online. But up to now, you've had to go through the hassle of associating Google Apps with your domain if you wanted to have a set of documents and calendars just for you and others at your company...

Employment Law: FMLA News1

Posted on February 07, 2008
The federal Department of Labor posts the latest update to the Family and Medical Leave Act on its website:The Family and Medical Leave Act and National Defense Authorization Act for FY 2008:"On January 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA), Pub...

Starting A Business With Your Significant Other

Posted on February 07, 2008
MoneyCnn.com published an article, Business partners in love Before you and your spouse start a joint venture, protect your finances - and your relationship, on starting a business with one's spouse. I think the article applies to anyone that starts a business...

New Indiana Blog from the Indiana Department of Revenue

Posted on February 06, 2008
Well, Indiana's Department of Revenue calls Tax Talk a blog even it has no RSS feeds and no comments. So far it has only post, Indiana?s free, online tax return filing service serves up improved bells and whistles:"Indiana has offered I-File, the fast, friendly and free online state income tax filing service since 1999...

Trade Secrets: Losing Your Trade Secrets at a High Altitude

Posted on February 05, 2008
Let me say, I hate flying. Which may be why I never thought of the problem The Workplace Privacy Counsel writes about in Is Confidential Business Information Safe At 30,000 Feet?.Before business executives start using on-board Internet access to conduct business, employers should examine the risks that this latest wave of technological conveniences creates...

Franchising: Terminating The Franchise

Posted on February 05, 2008
What event acts as the flashpoint for litigating a franchise? Termination. Today, I want to comment on the process of termination.My experience consists of the relationship between franchisor and franchisee declining till termination is the only alternative...

Franchising: Online Franchising Resources

Posted on February 04, 2008
Just a quick one day for potential franchisors, franchisees and their lawyers:The Forum on Franchising is from the American Bar Association. More for the lawyer segment.Holmes & Lofstrom, LLP; Franchise & business counsel. Seminars, FAQ's from a law firm concentrating on franchise law...

New Trademark Blog and Declaratory Judgments

Posted on February 04, 2008
What is a declaratory judgment suit? I am glad you asked that question as I found a very good description of declaratory judgment suits in Dilution by Blurring's Declaratory Judgment Actions. Here is the question's answer from the article:What is a ?declaratory judgment?? A declaratory judgment is a judgment from a court that declares the rights of the parties in a dispute...

Music Downloads - The View from Scotland

Posted on February 03, 2008
I have written a few posts on music downloading (such as here) just because I find them to be an interesting confluence of law and business - especially our modern, Internet business. I like using the music business' problem with downloads for explaining that businesses with intellectual property do not sell CD's, or books, or movies...

Indiana Employment Law: Sick leave as wages

Posted on February 03, 2008
Indiana law views sick leave as a deferred income. Deferred means that the right to the compensation vests with the employee not only with the performing of the job but with another requirement that may exist outside of doing the work.Unless the employee bases the right to deferred compensation on a contract, the employee may still lose the deferred income...

Probate: Your Online Inheritance Tax

Posted on February 03, 2008
Indiana's Department of Revenue has the tax forms for Indiana's inheritance and fiduciary taxes here: Inheritance Tax and Fiduciary Forms. These are in Adobe's PDF format and some in the fill-in format for PDF. (If you do not have the Adobe Reader, there is a link on the page to Adobe for downloading the software...

Evidence - The Dangers of Digital Photos

Posted on February 03, 2008
Maybe you knew about metadata (that is, data on data) with digital pictures but I did not. Not until I read Beware of hidden digital camera metadata from Canadian Privacy Law Blog and Authenticating Digital Photographs as Evidence: A Practice Approach Using JPEG Metadata from Law Practice Today...