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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

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...

Trade Secret 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...

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...

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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.

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