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Indiana

Indiana Civil & Business Lawyer

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

Post Frequency: 14.7/day

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

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)...

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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...

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