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Indiana Civil & Business Lawyer

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

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

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...

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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...

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