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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

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...

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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:...

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