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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

Model COBRA notices

Posted on April 10, 2009
Thanks to Jackson Lewis for its DOL Issues Model COBRA Subsidy Notices and Forms and the links to the model notice:The United States Department of Labor (?DOL?) today posted on its website model notices and application forms to be used by employer-sponsored health plans and individuals electing COBRA in connection with the American Recovery and Reinvestment Act of 2009 (?ARRA?) COBRA premium subsidy...

Guidelines COBRA Subsidies

Posted on April 10, 2009
Take a look at workforce.com's IRS Releases Guidance on COBRA Subsidies: "The Internal Revenue Service has released eagerly anticipated guidance on the new federal COBRA premium subsidies available to employees who lose their jobs."The guidance, released Tuesday, March 31, resolves numerous questions?such as clarification of situations when laid-off employees are entitled to the subsidy?that employers have been asking for since the subsidy legislation was signed into law in February...

Non-Compete Litigation News from Florida

Posted on April 10, 2009
I think South Florida Business Journal's head line of Hank Asher sued by former company is pretty tame description of what follows:"Reed Elsevier, the Massachusetts-based parent of LexisNexis and Seisint, on Thursday filed a complaint in Palm Beach County Circuit Court, alleging that Asher is violating his non-compete agreement by starting a new company, TLFO, in Boca Raton...

Indiana Foreclosure News

Posted on April 10, 2009
State AG files lawsuit in Delaware County | thestarpress.com | The Star Press"We recognize there is a foreclosure crisis in the country," Zoeller said. "Indiana has tools in place that can help consumers avoid becoming victims of for-profit foreclosure consultants' bad intentions...

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Employment Files! Good Advice!

Posted on April 10, 2009
Employee Files- Another Reason to Put Everything in Writing? | PROVISO LAW GROUPMy friend (we?ll call her Nancy) called me the other day because she recently fired an employee (we?ll call her April) for excessive absences and the employee was filing for unemployment benefits from the State...

Court: Don t assume undue influence

Posted on April 09, 2009
Court: Don t assume undue influence by childThe Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence over a parent when analyzing cases involving adult children assisting an aging parent...

Freedom of Information News

Posted on April 09, 2009
FOIA Facts: What Now? | LLRX.comNow that both the President and Attorney General have weighed in with a FOIA Memorandum what will happen now in the exciting world of FOIA processing (I for one think this universe deserves a reality show of its own, but I may be in the minority)...

Small Businesses and Taxes

Posted on April 09, 2009
I received the following notice from the Small Business Administration:This contract research report, "Effective Federal Income Tax Rates Faced BySmall Businesses in the United States," attempts to calculate the averageeffective tax rates faced by small businesses as a result of federal incometaxes...

Trade Secrets and Laid Off Employees

Posted on April 09, 2009
As if businesses do not have enough to worry about with the economy, let me remind them of a perennial problem that may be getting worse with the economy. Don't let laid-off employees walk out the door with the company playbook - 03/23/09"It's estimated that 70 percent of an average business' value is held within its information systems...

Whistleblowers - Checking With the Rigsby Case

Posted on April 08, 2009
Been a while since i had time to post anything on this case and it does look it keeps on going.LegalNewsline | Answers wanted from Rigsby sistersGULFPORT, Miss. - E.A. Renfroe and Co., Inc., is seeking to force the two "whistleblower sisters" to answer questions to which their attorneys objected in a November Hurricane Katrina-related deposition...

Knowledge Discovery Compilation

Posted on April 08, 2009
Another useful tool from LLRX.com - Knowledge Discovery Resources 2009: An Internet MiniGuide Annotated Link CompilationThis Internet MiniGuide Annotated Link Compilation is dedicated to the latest and most reliable resources for knowledge discovery available on the internet...

Office News: New Secretary

Posted on April 07, 2009
If you have not been in the office since the beginning of February, you may not know that I have a new secretary. Her name is Mary Phillips. Be nice to her - she has to work with me.

Start ups: Business Plans and Marketing Strategy

Posted on April 07, 2009
Pay attention here because the Lancaster SCORE has a great website for start up businesses. So take a look at all of the Score Lancaster Blog. During this recession this kind of information is even more important than during more normal days. Business Plan Elements - 5 & 6 is a good example of the information and its quality:An Overall Marketing Strategy would likely include these elements:Market penetration strategy for growing your business...

Consumer Law News: Antitrust and Caskets

Posted on April 07, 2009
Antitrust Case Against Funeral Industry Ailing, But Not Dead Yet - Law Blog - WSJSo we suppose we weren?t entirely surprised when we read this morning of a case taking shape down in Houston, where a group called the Funeral Consumers Alliance have sued the leading casket maker and three major funeral home chains, alleging a nationwide price-fixing conspiracy...

Another Indiana Receivership Case

Posted on April 06, 2009
Good-bye, Today's Bedroom One, The Mattress Gallery and Today's Kids. But what I find most interesting in The Indianapolis Business Journal's Local bedroom retailer to be liquidated is the use of a receivership instead of bankruptcy.The company, TBO LLC, was founded in 1978 and operates 16 retail locations in central Indiana...

Litigation the Ballsy Approach: Psystar and Apple

Posted on April 06, 2009
My subject line's pungency came from reading Ars Technica's Psystar makes small update to Mac clone, Apple fumesDespite a pending lawsuit with Apple, Mac clone maker Psystar has released an update to its lineup, further showing its commitment to its line of computers running Mac OS X...

Indiana Franchising Law - New Bills Dies in General Assembly

Posted on April 05, 2009
So reported The Indianapolis Business Journal in Dealers seek brand security - Auto sellers want refuge from industry fallout, but trio of bills have fallen flat at StatehouseThe bills backed by the Automobile Dealers Association of Indiana would have required automakers to buy back cars and parts when terminating dealers and to pay their rent for up to two years...

Consumer Law: Funeral Homes in the News

Posted on April 04, 2009
Probably not a good statistic for funeral homes or for consumers: One in four funeral homes not playing by the rulesThe two locations with the most violations were Northeastern Arkansas, where 73% had serious violations, and San Antonio, where 64% flunked, the FTC reported...

Indiana Court Forms and Rules

Posted on March 24, 2009
LLRX. com has a page devoted to Indiana courts - their dockets, rules and forms - here. This includes both federal and state courts.

Knowledge Discovery Resources 2009:

Posted on March 22, 2009
Knowledge Discovery Resources 2009: An Internet MiniGuide Annotated Link Compilation | LLRX.comThis Internet MiniGuide Annotated Link Compilation is dedicated to the latest and most reliable resources for knowledge discovery available on the internet...

Employee Discipline Best Practices

Posted on March 10, 2009
Employers read workforce.com's Best Practices in Documenting Employee Discipline by Thadford A. Felton. He gives the following as the ten key ingredients with commentary on each. Well worth reading. 1. Have an employee discipline form. 2. Conduct a full and fair investigation...

Changes Coming to Bankruptcy Law?

Posted on March 09, 2009
Homeowner Rescue Bill Passes House - washingtonpost.comThe bill, a package of housing-related initiatives, passed 234 to 191, largely along party lines. It now heads to the Senate, where it will face a tougher fight but has the backing of some powerful members...

YouTube Changing Copyright?

Posted on February 18, 2009
Eventually, YouTube might affect cxopyright law. I think everyone agrees the Internet has put incredible strain on copyright law. The ABA Journal - Law News Now published Copyright in the Age of YouTube which examines the issue at soem length: "The ruling is part of a lar�g�er legal struggle over who should bear the burdens of stopping online copyright infringement...

Top Legal Blogs - Avvo Blog

Posted on February 18, 2009
Let me remind my readers that these top blog lists are pretty much unscientific. For example, take a look here. I am even more convinced of this, if not also a bit flattered, when I see this blog listed in Top Legal Blogs - Avvo Blog:"Ever wonder what exactly goes into those top legal blog (blawg) lists floating around? We have, so in line with Avvo?s commitment to transparency, we threw together this auto-updating list of over 300 legal blogs ordered by their Alexa traffic ranking...

Tips on being diplomatic

Posted on February 17, 2009
Initially, Domestic Diversions, Say the right thing: 10 ways to defuse conflict and promote harmony, has little to do with business law but I suggest looking again:1. ?Thank you for your opinion. I?ll think about it.?2. ?Is this a good time for you??3...

Overtime Wages-

Posted on February 17, 2009
Pay attention to The Forgotten Overtime Exemption from workforce.com:Much less well known is the overtime exemption set forth in Section 7(i) of the Fair Labor Standards Act. Limited to retail or service establishments, this exemption focuses not on the duties of the employee, but on how the employee is paid...

Veterans and Employment Law

Posted on February 17, 2009
Something worth checking out from the federal Department of Justice -Safeguarding the Rights of Servicemembers and Veterans HomepageThe Department of Justice, in partnership with other federal The Department of Justice, in partnership with other federal agencies, is committed to supporting you by enforcing the federal laws that protect your civil rights...

Update on Bratz case

Posted on February 17, 2009
An update on a case I wrote about here. From Corporate Counsel Center - News: "RIVERSIDE, Calif. (AP) - The judge who barred MGA Entertainment Inc. from selling or making its popular Bratz dolls agreed Tuesday to extend a deadline he set for the company to take the products off store shelves...

Trade Secrets Blog: The Microsoft Mole

Posted on February 16, 2009
From Trade Secrets Blog, one of the stranger trade secrets stories, Trade Secrets and the Mole at Microsoft: "From the Seattle Post-Intelligencer, an almost bizarre story concerning the CEO of a software company, Ancora Technologies, who went to work for Microsoft claiming that Ancora was no longer in business...

Economic Stimulus Bill Adds COBRA Subisdy

Posted on February 16, 2009
Employers pay attention to this news from Jackson Lewis - Economic Stimulus Bill Adds COBRA Obligations for Employers: "First, the Act will provide a COBRA premium subsidy for certain individuals who were involuntarily terminated during a certain period of time...

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