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Indiana

Indiana Civil & Business Lawyer 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

Recent Entries: 796

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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...


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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...


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

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...


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

Posted on December 17, 2008
div xmlns='http://www.w3.org/1999/xhtml'a href='http://www.workforce.com/archive/feature/24/55/81/index.php'A Few Practical Tips on Responding to a Discrimination Charge | workforce.com/abr/blockquote Don?t panic when you receive a discrimination charge...


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...


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