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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.

Post Frequency: 14.7/day

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

The Indiana Funeral Home and Cemetary Law Wiki

Posted on May 04, 2008
While not yet ready for public display, I decided about six weeks ago to work on a special project involving Indiana's law on funeral homes, cemeteries, and related subjects.Why a wiki? Because unlike this blog, a wiki is meant for collaboration. Binary Law's Blogs vs wikis for an explanation of the uses of a wiki versus a blog...

Who Controls Indiana Cemetery Plots?

Posted on May 04, 2008
Let us assume one person wants to buy a headstone for another person's grave site, can they do so? This question depends on the ownership of the burial plot.Indiana statutes define the ownership rights to multi-space plots. joint multi-space plots, and family burial plots...

Online Resources: The Federal Rules of Evidence

Posted on May 03, 2008
I probably ought to just post a link to Cornell's Legal Information Institute as being the online legal resource. I have been visiting this site for over ten years now and there is a wealth of information. Today, I will just highlight the Federal Rules of Evidence (2007)...

Online Resources: Justia Regulation Tracker

Posted on May 03, 2008
Need to keep up with or find federal regulations? Check out Justia's Regulation Tracker. It is still in beta and that means it is not quite a final product - yet. I find it useful and hope you do also.

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Do Corporate Governance Procedures Apply to Indiana Limited Liability Companies?

Posted on May 02, 2008
Not a question that has come up in Indiana but has in Delaware. See LLC Not Subject to Corporate Governance Standards of Corporations.From the description of Delaware law given in this post, I do not think there is any great difference with Indiana law...

Indiana Law on Judicially Dissolving a Limited Liability Company

Posted on May 01, 2008
Indiana has no case law on dissolving a limited liability company. The statute setting the procedure for judicially dissolving a LLC is IC 23-18-9-2:On application by or for a member, the circuit or superior court of the county in which the limited liability company's principal office, or if there is none in Indiana, in which the registered office is located, may decree dissolution of the limited liability company whenever it is not reasonably practicable to carry on the business in conformity with the articles of organization or operating agreement...

So What Is Contract Law?

Posted on May 01, 2008
At forty-eight, I doubt I have time to answer that question. Here is a far less facetious answer: it is the law of private agreements. I can more easily say that contracts are more than the paper that most people think are contracts. Those documents saying contracts exist more as evidence of the agreement...

Trade Secrets: Thinking About Security

Posted on May 01, 2008
Thanks to Indiana Trade Secrets Blog for pointing the way to People and Security Rules which makes a very good point:Procedures are a tough balancing act. If they're too lax, there will be security problems. If they're too tight, people will get around them and there will be security problems...

Trademarks: Champagne

Posted on April 30, 2008
I suggest reading Produced in Champagne, but What Do You Call It? from The New York Times is not the typical trademarks article. First, it is European although the broader enforcement issues of a trademark remain the same. Second, it involves a treaty rather than a statute, but remember under our federal constitution that treaties are a source of law...

Trade Secrets: Voicemail Sinks Case

Posted on April 30, 2008
Law.com reports that a California trade secrets case may have been lost by one party's lawyers leaving a message on the other parties' voicemail.In Jasmine Networks Inc. v. Marvell Semiconductor Inc., S124914, Marvell attorneys had argued Jasmine wasn't entitled to use a voice mail that Matthew Gloss -- Marvell's former general counsel -- and two colleagues had inadvertently left on the telephone of Jasmine's top lawyer...

So What is Wrong About Using Online Forms?

Posted on April 30, 2008
I had thought to do a dissection of some of these forms until I read The Perils of Using Form Agreements from Deal Attorney. I think this article is a good place to start for anyone contemplating using an online form.I think the article offers a more subtle reward for you non-lawyers - even those who are not in business...

Employment Law and Social Networking Sights

Posted on April 29, 2008
Suggested reading for employers and employees alike from The Washington Post: When Young Teachers Go Wild on the Web.Part of me wants to say that college educated, licensed people like teachers ought to know better. So having written that, let me go on to observe that some do not know better...

Following Up on "Trade Secrets Litigation: Allstate Posts Documents Online"

Posted on April 29, 2008
Womble Trade Secrets Blog posted about Allstate's putting alleged trade secrets up on the Net. Its Good Hands Trade Secrets: Allstate Releases Data on How it Sets Rates from April 8 has two points not included in my Trade Secrets Litigation: Allstate Posts Documents Online:Allstate said Monday that it didn't post the documents in response to Friday's court ruling, noting that it could not have created a site with 150,000 pages that quickly...

More Premier Properties Information

Posted on April 29, 2008
Indiana Commercial Foreclosure Law has a timeline (with links) for the Premier Properties case I wrote about in Why We See Few Receiverships.Thanks to Indiana Commercial Foreclosure Law for showing me the way to Bridgewater Falls put in receivership from The Cincinnati Enquirer...

Online Resoources: Searchable e-Discovery Case Log

Posted on April 29, 2008
A bit more for any lawyers is K&L Gates' Searchable e-Discovery Case Log:"K&L Gates maintains and continually updates a database containing over 900 electronic discovery cases collected from state and federal jurisdictions around the United States...

Rocky Brands - A Follw up on Trade Secrets News Roundup of 2/18/08

Posted on April 29, 2008
According to Columbus Business First, Rocky Brands settled its trade secrets case: The Nelsonville-based footwear maker on Monday said it reached a settlement with former Rocky employee Glen Bratcher, his company and a Chinese manufacturer it alleged were using trade secrets to make boots nearly identical to some Rocky lines...

Certification Requirements for Imported Natural Wine

Posted on April 28, 2008
New regulations proposed and can be seen here.SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau is adopting as a final rule, without changes, the temporary regulations implementing the certification requirements regarding production practices and procedures for imported natural wine...

Piercing Liability Protections of a Limited Liability Company - Some Ideas by Way of North Carolina

Posted on April 28, 2008
Wilmington North Carolina Business Law and Litigation Attorney Blog has a multi-part article on getting past the personal liability protections of a LLC. This article bears paying attention to for Indiana limited liability companies.I have yet to see a case from Indiana on the subject but it is one that interests me both from the perspective of creating limited liability companies for clients and also because I may be suing a limited liability company...

Franchise Financing News

Posted on April 28, 2008
My Biz Broker's More On Franchises interests me for this bit of information:Indeed, with banks becoming more tight-fisted, the SBA is becoming the place more would-be franchisees are turning to. It?s what the SBA was created for, to provide access to capital for small businesses who can?t get it through conventional means...

Trade Secrets Video

Posted on April 28, 2008
The Trade Secrets Vault posted a link to a law school lecture on trade secrets. The lecture tries to answer the question Why Do We Have Trade Secrets?. I am not sure how many non-lawyers will sit through a 45 minute lecture. I find this interesting regardless of the sound quality - but then I am a lawyer interested in this area of law, aren't I?Who do I think should listen to this video?Those in the DIY crowd who think they can handle trade secret matters on their own...

Follow Up on "Restaurants and intellectual property"

Posted on April 27, 2008
Trade Secrets Vault Blog reports in April 19 post Chef?s Lawsuit Against a Former Assistant Is Settled Out of Court settlement of the Pearl Oyster Bar case mentioned in my posts Restaurants and intellectual property and Thinking more about restaurants and intellectual property #1...

What can an Indiana employer do about hiring an Employee who might have trade secrets?

Posted on April 27, 2008
Other than not hiring a person from a competitor because you know they have trade secrets, I find the following general rules from Trade Secret Misappropriation By Employee: Is The Employer Liable? are a very good start:...., employers hiring employees from competitors should, at a minimum, first ascertain that there is no non-compete agreement with the prior employer...

Ah, The Vagaries of Litigation

Posted on April 26, 2008
Read Trade Secret Jury Verdict : Redwood Health Services v. Clifford Der, dba Benefit Brokerage Services from The Trade Secrets Vault Blog to understand what I mean by vagary.Verdict-Defendant : The jury found in favor of the plaintiff on the counts of breach of fiduciary duty and interference of contract, and awarded it $59,780...

New Real Estate Case from the Indiana Court of Appeals

Posted on April 26, 2008
The Indiana Court of Appeals handed down Hays v. Hays (PDF format) yesterday. At issue was interpreting a deed's first-right-of-refusal clause and Indiana's partition statute. The parties involved were the son of the grantors and the wife of a deceased son...

Small Business Estate Planning

Posted on April 26, 2008
Some good ideas from TLD's General Counsel Blog:A buy-sell agreement is one option (which won't be discussed here in this post) and setting up an estate plan is another option often considered. If you set up an estate plan to include a revocable living trust, you can assign or transfer your business interest into your trust and specify what happens to that share of the business interest...

Notice, Preliminary Injunctions, Employment Contracts, and The Indiana Court of Appeals

Posted on April 26, 2008
Ordinarily, preliminary injunctions come before trial on the substantial issues of the case. Not in Roberts v. Community Hospitals of Indiana, Inc. (PDF format).If the court consolidates the preliminary injunction with trial, there has to be proper notice given to all the parties...

Why We See Few Receiverships

Posted on April 25, 2008
The Indianapolis Business Journal sums up the reason in the first line of Premier Properties retreats into bankruptcy:"Premier Properties USA Inc. filed for bankruptcy protection yesterday, narrowly avoiding the appointment of a receiver to take control of the troubled Indianapolis company...

Speaking of General Counsel: TLD's General Counsel Blog

Posted on April 24, 2008
I make a few comments below about general counsel for a business. Out of California comes TLD's General Counsel Blog giving us an example of the range for a general counsel and some good blogging, too. Tremaine, Lumsdaine & Doyle (the TLD of the title) subtitled their blog as "A Compendium of Matters of Interest to Businesses in California"...

Making the Most of Your Lawyer

Posted on April 24, 2008
Thanks to Wilmington North Carolina Business Law and Litigation Attorney Blog for the lead to Getting the Most From Your Attorney from The New York Enterprise Report.The Wilmington North Carolina Business Law and Litigation Attorney Blog noted the following and I want to add an amen to this statement:...

Virtual Worlds - Virtual Law?

Posted on April 24, 2008
Going a bit afield for this post, but I decided while reading Virtually Blind's Blawg Review #156 that the future is here. I read William Gibson's cyber-punk novels a long time ago and some of the ideas and news discussed in the blog post seem very familiar...

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