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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 About Terminating an Employee?

Posted on November 22, 2008
Think about why you are firing the employee. Why? Think about the following from the workforce.com's ADA 'Association' Claim:"The U.S. Court of Appeals for the 10th Circuit in Denver reversed, holding that the Trujillos raised a reasonable inference of PacifiCorp?s discriminatory motive to establish a prima facie case of association discrimination...

Great Post for Start Ups

Posted on November 21, 2008
Even better title is Wisconsin Business Law and Litigation's Starting up means more than showing up.All I can say is check it out and watch the videos.

Why Does a Business need a Buy-Sell Agreement?

Posted on November 21, 2008
My first, smart-alecky answer to my question is for the same reason as for getting a prenuptial agreement before a marriage. Except that no want to consider the failure of a marriage while business failures occur daily. Some failures occur because of no buy-sell agreement...

Trademarks and Web Pages

Posted on November 20, 2008
Thanks to Wisconsin Business Law and Litigation Blog for leading me to Secret Trademark Violations. I thought this subject had been decided a while back as being a bed idea. I guess no idea, no matter how bad, ever goes away if it promises some profit...

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Is Your Business Insured Against Employee Lawsuits?

Posted on November 19, 2008
Rush Nigut brings this up in his post Insurance for Employee Lawsuits: Don't Forget to Check Coverage. I think many small businesses are under the mistaken believe that they are covered for employment lawsuits through their ordinary business liability coverage...

One Good Outline of Legal Matters for Start Ups

Posted on November 18, 2008
Ignoring the high tech and California bias of Ten Questions with Fred Greguras of Fenwick and West and there is a very good post on the issues facing start up companies. I particularly like coverage of trade secrets and non-disclosure agreements (NDA's) and this passage about limited liability companies makes a great point:Question: Why don?t I use a Limited Liability Company (?LLC?) since it is cheaper to start? Answer: An LLC is often used for consulting and smaller businesses, but not often for an operating business that will seek venture capital...

Mortgage Foreclosure Resources

Posted on November 17, 2008
The following comes from The Law, Technology & Legal Marketing Blog's Home Foreclosure Resources & The Foreclosure Survival Guide by Steve Elias - New Nolo.com Book: Steve goes into much more detail in his book, but here is some information from his book about nonprofit counselors that may be able to help: Nonprofit Housing Counselors (from Chapter 10 - Resources Beyond the Book)I strongly suggest that you find a nonprofit housing counseling agency...

New Blog I Will Be Keeping An Eye On

Posted on November 16, 2008
I ran across The Legal Infrastructure of Business on Monday. I find its title interesting. It is a concept that I have tried to get across to my clients and potential clients. I have not had time to do much more than skim but I like what I see so far - even if it is written by a University of Chicago professors.

Follow up to Trade Secret News: Former Intel worker charged in theft of secret files

Posted on November 16, 2008
I reported on the arrest here and now the employee is indicted.Former Intel engineer indicted for stealing trade secretsNovember 7, 2008 (Computerworld) A former Intel Corp. design engineer has been indicted by a federal grand jury in Boston for allegedly stealing trade secrets from the chip maker while secretly working for rival Advanced Micro Devices Inc...

New Rules on Public Accessiblity to Indiana Trial Court Records

Posted on November 15, 2008
Court amends public accessibility, other rulesThe Indiana Supreme Court has revised its administrative and appellate rules governing how trial courts make records publicly accessible and how appeals are handled in certain cases requiring confidentiality...

Learning About Venture Captial

Posted on November 15, 2008
Learn your P's and Q's about venture capital. In these days, I think saying banks and other lenders are unlikely to lend is an understatement. We may see venture capitalists scaling back, too, but venture capitalists exist for placing bets on start up companies...

Something Different: ISBA luncheon features civil rights attorney

Posted on November 15, 2008
From The Indiana Lawyer:"The Indiana State Bar Association Litigation Section is sponsoring a CLE and luncheon featuring the chief counsel of the Lawyers' Committee for Civil Rights Under Law.John C. Brittain will be the guest speaker at 'Legacy of Lincoln: Pursuit of Equality,' from 11:30 a...

Bankruptcy Ban Unconstitutional

Posted on November 14, 2008
Put Ban on Bankruptcy Lawyers' Advice Ruled Unconstitutional down as better late than never. I drafted this post a while back but have not been able to find the time to post.:"A provision of the 2005 bankruptcy reform law that prohibits attorneys from advising their clients to take on more debt before filing for bankruptcy is unconstitutional, a divided federal appeals court has ruled...

More on Free Business Education Courses

Posted on November 14, 2008
Thanks again to BizzBangBuzz for the information on free online business courses whihc lead me to 7 Universities and Websites Offering Free Business Entrepreneurship Courses Online. Here you will find a list of sites providing free educational sources and their offerings...

Start Up Resources: StudentBusinesses.com

Posted on November 14, 2008
Are you a student with a business idea? Then StudentBusinesses.com sounds like a site you need to check out. Here a description of the site:The public launch - taking place on November 1, 2008 - comes at a time when university students are facing a rapidly changing hiring landscape, and more and more are turning to alternative career paths such as entrepreneurship...

Online Resource: The Ohio Practical Business Law Blog.

Posted on November 13, 2008
Welcome Ohio Practical Business Law Blog.What can one do but admire a lawyer who manages to combine the Chicago Cubs and the business judgment rule into one post (Cubs Cursed by the "Business Judgment Rule"?)? Something there for Cub fans, lawyers, and business owners...

Following up on Trade Secret News: IBM, Apple and a Papermaster

Posted on November 13, 2008
I mentioned the Papermaster case in my Trade Secret News: IBM, Apple and a Papermaster. The Apple Blog gives us iPod Chief Switch: What it Could Mean for Apple and gives us some more insight into the business considerations of the case:While it is unlikely that any ruling body would ultimately find in favor of IBM (such a precedent would seriously hamper healthy executive level staff flow in Silicon Valley), that doesn?t mean the two companies could become entangled in a protracted and expensive legal battle...

Trade Secret Litigation: ClearOne Wins

Posted on November 12, 2008
Over my time on this blog, I have tried to emphasize and explain the value of trade secretes to a business and the costs in failing to protect those trade secrets. These reports show the costs.This MarketWatch press release gives some background to the verdict: A jury trial was held in federal court in Utah in connection with the lawsuit (the "Intellectual Property Case") initiated by ClearOne against Biamp Systems Corporation ("Biamp"); WideBand Solutions, Inc...

Lemon Law

Posted on November 12, 2008
I want to give a shout out to Sergei Lambert of LemonJustice Blog. Although he practices in Massachusetts, Connecticut, and New York, he does not limit his interests only to those states. While I have quietly slipped away from consumer law on this blog, I still have an interest in this area of law...

Thinking of Starting an Online Business?

Posted on November 12, 2008
TraverseLegal makes a good point in its The Basic Principles of Media Law: What You Should Know When Starting Or Running a Website or Online Business:"There is a common misconception that the seeming anonymity and accessibility of the Internet makes it much like the Wild West...

Trade Secrets Meets Whistleblower Law

Posted on November 11, 2008
Something for employees to consider about bringing a whistleblower case against your employer. A case from Alabama highlights this problem. What makes the case particularly poignant is that the basis for the fraud claim comes out of Hurricane Katrina...

Trade Secrets Litigation: Updates on Papermaster Case

Posted on November 11, 2008
I posted earlier on this case here and now the case moves on.IBM Former Exec Ordered To Cease Work At AppleFriday, a United States District court ordered Mark Papermaster, who was recently hired by Apple after he left his position at IBM, to cease work at the company, the decision having been aimed at preventing ?Big Blue? trade secrets from being revealed to Apple...

Jureeka for Using Foxfire While Doing Legal Research

Posted on November 10, 2008
Ok, this is more a heads up than a review. I use Foxfire as my browser. I do almost all of legal research online now. So when I read of Jureeka, I thought I need to check this out. Well, it is on the desktop that sits now on the secretary's desk...

Aging Workforce Increasing Age Discrimination Cases

Posted on November 10, 2008
Those employers with older (older being age 40 and over) employees need to read workforce.com's With an Aging Workforce, a Rising Risk of Discrimination Claims:"With an economy that seems to be moving toward recession, the likelihood of litigation based on age discrimination claims is exacerbated...

Free Business Education

Posted on November 10, 2008
BizzBangBuzz Blog has a list of free business related seminars here. The post also links to more:Through open courseware programs, you can access course materials from a wide range of top universities. Whether you decide to take these courses on your own time or just skim through the information, www...

Problems with SBA Loans?

Posted on November 10, 2008
SBA loans scarce in these hard times | IndyStar.com | The Indianapolis Star"SBA volume is significantly down, and one might argue that it's happening at a time when small business needs access to capital more than ever," said Chris Reilly, president of CIT Small Business Lending Corp...

Trade Secrets: What Happens When Sending Secrets by E-mail

Posted on November 09, 2008
Thanks to "IP Cafe" blog for bringing this issue to my attention with Use Of Trade Secrets Mistakenly Sent By Email Can Be A Violation Of The Uniform Trade Secret ActIn Ideal Aerosmith Inc. v. Acutronic USA, Inc., 87 U.S.P.Q. 2d 1341, the United States District Court for the Western District of Pennsylvania found that a valid claim of trade secret misappropriation had been plead and denied a motion to dismiss where the defendant allegedly received the trade secrets through misdirected emails...

Employment law: Pregnancy Discrimination Persists

Posted on November 08, 2008
This interesting study comes from workforce.com Pregnancy Discrimination Persists 30 Years After It's Made Illegal:"An analysis of Equal Employment Opportunity Commission data from fiscal year 1992 to fiscal year 2007 shows a 65 percent increase in pregnancy discrimination charges, according to a National Partnership for Women and Families study released Wednesday, October 29...

November 11 Lecture on Valuing Art in Indianapolis

Posted on November 08, 2008
From The Indiana Lawyer:The Jordan H. and Joan R. Leibman Annual Forum this month at Indiana University-Purdue University Indianapolis will discuss the valuation of art. The event examines issues related to the legal and business environment of the arts...

Indiana Employment Law Meets Indiana Medical Malpractice Law

Posted on November 08, 2008
Here the malpractice law loses to a negligent employment claim against a hospital employee's sexual misconduct with a patient. The following comes from The Indiana Lawyer's Sexual misconduct doesn't fall under MedMal act.The Indiana Court of Appeals today affirmed a trial court determination that an employee's sexual conduct with a patient can't constitute a rendition of health care or professional services, so a negligent hiring complaint against a hospital based on that conduct doesn't fall under the Indiana Medical Malpractice Act...

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