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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

Thinking of Using A Non-Traditional Workweek?

Posted on July 24, 2009
Then give workforce.com's The Legal Implications of Nontraditional Workweeks a read: The federal act?s parameters mesh reasonably well with what might be the simplest version of a less conventional workweek, which is one consisting of four 10-hour workdays...

Trademarks - Franklin College Suit From Start to Quick Finish

Posted on July 24, 2009
I learned of the Franklin College trademark case from The Indianapolis Business' College sues like-named competitor and, frankly, did not hold out much hope for the interloper.The confusion has finally gotten to Franklin College.The liberal arts college south of Indianapolis filed a lawsuit today alleging trademark infringement against Ohio-based Franklin University, which will open a campus in Castleton this fall...

Indiana's Mortgage Foreclosure Task Force

Posted on July 24, 2009
I am highlighting The Mortgage Foreclosure Task Force web page today. Mostly for the lawyers (because it gives a schedule of CLE for mortgage cases) but there is a map showing the highest foreclosures (with Madison County being one of the highest) and a link to a FTC video (homeowners should go there)

Linked-in Recommendations: Pro and Con

Posted on July 23, 2009
Delaware Employment Law Blog provides the con in Warnings Against LinkedIn Recommendations: Justified or Propaganda?Sounds legitimate to me. Indeed, if a supervisor tells an employee how wonderful he or she is all the while thinking terrible things about the quality of the employee?s work product or habits, then there is likely going to be a contradiction between the reason the supervisor tells the employee he or she is being fired and the real reason...

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States Can Now Enforce Their Fair Lending Laws

Posted on July 22, 2009
Some news from The United States Supreme Court, Supreme Court Allows States to Enforce Fair-Lending LawsA sharply divided U.S. Supreme Court has ruled that states can enforce their consumer protection and fair-lending laws against national banks.Writing the 5-4 majority opinion, Justice Antonin Scalia said the federal National Bank Act does not prevent ordinary enforcement of state law...

Congress to Restore GM, Chrysler Franchisees?

Posted on July 21, 2009
I admit I am of two minds about House bill aims to restore GM, Chrysler dealers as I can sympathize with the impulse but really do not like the method. Here, I would leave the matter to the market and let that judge the wisdom of the bankruptcy process...

Has Practice in Federal Court Gotten Even Harder?

Posted on July 21, 2009
This from Drug and Device Law's On Iqbal And Twombly indicates that we will now face a higher standard in pleading a Complaint in federal court.Iqbal v. Ashcroft, __. U.S. __ (May 18, 2009) (here's a link to the decision through the Supreme Court website), came down last Monday, holding that the more rigorous pleading standards set forth in Bell Atlantic v...

Qui Tam Case for Indiana: Carol A. Glaser v. Wound Care Consultants Inc

Posted on July 20, 2009
The issue for the Seventh Circuit Court of Appeals in Carol A. Glaser v. Wound Care Consultants Inc., et al. was jurisdiction:SYKES, Circuit Judge. Carol Glaser received medical treatment from Wound Care Consultants and was later contacted by an attorney who told her that Wound Care might have improperly billed Medicaid for her treatment...

Lindsay Lohan Stealing Trade Secrets?

Posted on July 20, 2009
Not quite the kind of trouble one associates with Lindsay Lohan but this is the news.New York Injury News - Lindsey Lohan sued!Lawsuit claim Lohan stole sunless tanning lotion formula that retails at Sephora.Tampa, FL?Lindsey Lohan and her business partner, Lorit Simon, are embroiled in a lawsuit, accusing the pair of stealing a St...

Jimi Hendrix and Trademarks

Posted on July 13, 2009
I admit to being a fan of both trademarks and Jimi Hendrix. Which made noting Ron Coleman's post ?Excuse me while I kiss this guy? from his blog LIKELIHOOD OF CONFUSION� a no-brainer:The signature was a trademark? It had secondary meaning? I think maybe John Hancock?s signature has secondary meaning, but I can?t think of too many other ones, though I am sure there are...

Messy Inheritance or Not?

Posted on July 11, 2009
Read Avoid the Inheritance Nightmare

Avoiding Common Legal Business Mistakes

Posted on July 11, 2009
I find I do can find no way to easily summarize Common Legal Mistakes Businesses Make and How to Avoid Them, Part II from John L. Watkins. The best I can do is list the topics covered:Mistake Number 6: Ignoring Key Contractual Provisions Mistake No. 7: Assuming it's Non-Negotiable Mistake No...

Obama Changing Enforcement of Immigration Laws?

Posted on July 10, 2009
I hope employers saw the news on this but if not take a look at Jackson Lewis' ICE Sends Over 650 Employers I-9 Audit Notices in Nationwide Immigration Enforcement InitiativeSix hundred fifty-two employers throughout the country are receiving I-9 Notice of Inspections (NOIs) from the Department of Homeland Security?s Immigration and Customs Enforcement (ICE) unit, the Government has announced...

What Happens to the Business if There is a Divorce?

Posted on July 10, 2009
Consider this scenario from The Golden Scribe's Prenuptial Agreements to Protect the Family : In a similar fashion, business partners can be protected with a prenuptial agreement. If Tom and Scott have worked over the past five years to create a successful business, and Tom is about to get married, the business and its assets can be protected by the prenuptial agreement...

New Indiana Business Law Blog - Internet Start Ups

Posted on July 09, 2009
I want to point out Brian Powers' Indianapolis Business Law Blog. I just learned about this blog in the past few days. Mr. Powers appears to be taking on a niche that is a bit different for Indiana and more specific than what I do on this blog: Internet start ups...

Old News: US Supreme Did Not Take Indiana's Wine Case

Posted on July 09, 2009
I caught SCOTUS denies Indiana wine case from The Indiana Lawyer Daily during my hiatus from this blog. I think it still worth publicizing.The Supreme Court of the United States won't consider whether Indiana's wine shipping law is constitutional by requiring in-person contact before any direct delivery is allowed...

What is a Litigation Attorney?

Posted on July 09, 2009
I suspect I will get comments from other lawyers about the difference between a a litigation attorney and a trial lawyer. Relax. I did not write this post for us lawyers but for the non-lawyers. (For the record, I do think of myself as a trial lawyer and not a litigation attorney)...

The Costs of Restructuring A Business

Posted on July 08, 2009
Canada's Slaw raises a point with its Focus on Employees: The Hidden Costs of Restructuring a Business that I think often gets overlooked when restructuring a business (whether in or out of bankruptcy) - the employees. Yes, we know they are there but do we really pay attention?Planning for a business restructuring often takes months; yet in my experience, insufficient resources are typically devoted to managing the human resources consequences, leading to significant additional or ?hidden? costs...

Yahoo and False Profiles - 9th Circuit Case

Posted on July 08, 2009
Technologist blog gave me 9th Circuit Reopens Yahoo! Case Over False Profiles and I suggest it be read at length. First as a sign that we still have a lot to figure out how to legislate for the Web and secondly as a caution for honked off ex-significant others...

Trade Secrets Litigation Round Up for The Week

Posted on July 07, 2009
A Goldman trading scandal from Reuters might actually have broader interests, but I leave those broader issues to others: While most in the United States were celebrating the Fourth of July holiday, a Russian immigrant living in New Jersey was being held on federal charges of stealing secret computer trading codes from a major New York-based financial institution...

Worried About Financing a Case Needing Experts?

Posted on July 07, 2009
Small Firm Business's Litigants Lacking Big Tech Bucks Can Still Play Ball has some interesting points that I have yet to really work out - at this point, I do not have this issue in any of my pending cases."In a survey, several federal district court judges also opined that Rule 403 permits the trial judge to bar the proponent's expert testimony when the opponent lacks the wherewithal to afford a rebuttal expert...

Lauth Bankruptcy Follow Up

Posted on July 07, 2009
A bit of older news from The Indianapolis Star is Judge: Lauth can operate bankrupt subsidiaries. Interesting to see what they paid out in fees before filing bankruptcy. The real question for a Chapter 11 case is will the business survive the process (which ought to explain the caution and care taken with Chrysler and GM)...

Bankruptcy - Southern District of Indiana - New Rules

Posted on July 06, 2009
Effective July 13:http://www.insb.uscourts.gov/WebForms/notices/prodchange.pdfAlso:There is a new notice posted regarding a revised general order on the use of electronic filing and a new ECF administrative policies and procedures manual.http://www.insb...

Contracts, Language and Making a Fetish of Archaic Style

Posted on July 06, 2009
I really admire AdamsDrafting Blog and Mr. Adams sane approach to drafting contracts. What to Do When the Other Side Wants to Change Your MSCD-Compliant Language may lack a punch of some other posts but it brings to mind similar discussions:But that said, it?s likely that anyone who?s a mindless slave to traditional usages will, on reviewing an MSCD-compliant draft, instinctively seek to change the language back to what they?re used to...

Muncie - Tomorrow - Free Legal Consult

Posted on July 06, 2009
So reports The Muncie Star-Press this morning:Free legal assistance available on Tuesday -Low-income residents can get free legal assistance on civil matters from an attorney 9 a.m.-noon Tuesday at Maring-Hunt Library, 2005 S. High St. triggerAd(1,PaginationPage,5); Indiana Legal Services sends an attorney to Muncie twice each month to offer free assistance...

Music Downloading - How the Canadians Do It

Posted on July 06, 2009
While I have posted on music downloading, this is actually more of an intellectual curiosity of mine. With that understood, here is Maybe the Jury Didn?t Like the Songs from Slaw:So how might this have played out in Canada? The legality of file sharing has been hotly debated in this country for many years, and the issue boiled over again recently with the Canadian Recording Industry Association (CRIA) trading pot shots in the press with copyright luminaries like Michael Geist and Howard Knopf over both the legality of the practice and its effect on the recording industry...

GM Bankruptcy Moving Forward

Posted on July 06, 2009
So reports The New York Times:A federal judge approved a plan by General Motors late on Sunday to sell its best assets to a new, government-backed company, a crucial step for the automaker to restructure and complete its trip through bankruptcy court...

Indiana Lemon Law - New Case

Posted on July 05, 2009
As I am still catching up from hiatus last month, I can only offer The Indiana Lawyer Daily report on a new lemon law case, COA rules on first impression lemon-law issueThe Indiana Court of Appeals tackled today an issue of first impression regarding the state's lemon law: Once a consumer has met the law's repair threshold, he can still file an action under the lemon law even if a subsequent repair fixes the problem...

Michael Jackson's Will...Why The Surprise?

Posted on July 05, 2009
I caught a few headlines that expressed surprise that Michael Jackson left nothing to ex-wife. I am thinking, why should he have? More importantly, notice Jackson use of a trust.The Associated Press headlined the story much more sedately with Judge: Mom has temp control of Jackson's propertyLOS ANGELES (AP) ? A judge ruled Wednesday that Katherine Jackson will retain limited control of 2,000 items from Neverland until another hearing is held Monday...

News: Sentate Version of Health Care Plan

Posted on July 05, 2009
From msnbc.com's First Read blog comes Kennedy committee releases health planEmployer Play or Play: ("Shared Responsibility of Employers")-- companies that do not offer "adequate coverage" to full time workers would pay an annual fee of $750 per employee-- companies that do not offer coverage for part-time workers pay $375 per employee-- firms with less that 25 employees would be exempt from fees-- companies most cover 60% of the cost of the monthly premiums to avoid fees

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