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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

Online Resources: Indiana Legislative History

Posted on October 15, 2008
I understood that Indiana's General Assembly does not have anything like the federal Congress' legislative history. Certainly the Indiana appellate courts do not recognize any kind of use for legislative history. But having found State Legislative History: Research Guides: Research Tools: Law Library: School of Law?Bloomington: Indiana University, I really do not want to turn it loose...

Litigation - The Costs and the Benefits

Posted on October 14, 2008
Today's news on trade secret litigation applies to more than trade secret litigation. The following stories have a good deal to say about what I call the cost-benefit analysis of litigation. At what point does even successful litigation become unprofitable for the business? Remember there are always two ways to view a lawsuit: from the narrow viewpoint of the law of the case and the broader one of the business...

Looking for a business plan?

Posted on October 14, 2008
Updating a Classic: Writing a Great Business Plan ? HBS Working KnowledgeSean Silverthorne: "How to Write a Great Business Plan" has been one of the most downloaded articles on Harvard Business Publishing since you wrote it in 1997. Why do you think you hit a nerve?Bill Sahlman: Writing a business plan is a seminal moment in the life of a new venture...

Bank Bailout Causing Bankruptcy Reform?

Posted on October 14, 2008
Maybe a possibility and one I would call a necessity.If consumer groups and some legislators had their way, the $700 billion financial bailout bill would have included a provision to let federal bankruptcy judges lower payments on subprime mortgages to help homeowners who had fallen behind on their payments avoid foreclosure...

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Online Resource: Washington Post's Federal Diary Column

Posted on October 14, 2008
I found Federal Diary and it appears it may have uses for those following federal regulatory agencies. It has a RSS link here.

The Bailout Legislation Needs Whistle-Blower Protection

Posted on October 13, 2008
Whistleblower Law Blog published Whistle-Blower Protection in Bailout Legislation before the bailout bill was passed and I probably need to see if there is an update on this Meanwhile, consider this when you think of what value there is in whistleblowers: "Yesterday, Joe Davidson, wrote a great article Groups Seek Whistle-Blower Protection in Bailout Legislation for the Washington Post summing up how important it is for Whistleblower Protection to be considered in this bailout legislation...

Trade Secret News: Former Intel worker charged in theft of secret files | News - Security - CNET News

Posted on October 13, 2008
CNET News reports Former Intel worker charged in theft of secret files: "The FBI has charged an engineer with stealing trade secrets from Intel, his former employer, after taking a position with rival chip maker Advanced Micro Devices, The Boston Globe reported Friday...

LLCs must have attorneys in federal court

Posted on October 12, 2008
This came down last month and LLC owners who do not want to hire a lawyer need to think again.LLCs must have attorneys in federal court:"Owners of limited liability companies must be represented by an attorney to appeal a decision in federal court, ruled the 7th Circuit Court of Appeals today...

The Madness of Litigation: Citigroup and Wachovia and Wells Fargo

Posted on October 11, 2008
At some point, every lawyer must look at his client and ask if the law suit is worth proceeding to trial or to settlement. This post looks at reports on the attempted Citigroup buyout of Wachovia as an example of this process.The New York Times' DealBook blog has The Mad Legal Dash for Wachovia...

New Federal Rules

Posted on October 10, 2008
Which can be found here. No, not had time to even look at them.

Now the RIAA Goes After a. Lawyer

Posted on October 10, 2008
From The ABA Journal - Law News Now comes RIAA Seeks Sanctions for N.Y. Lawyer?s ?Vexatious? Blog Posts of Case Filings:"A lawyer who is known for defending individuals accused of peer-to-peer sharing of copyrighted works over the Internet is now on the hot seat himself...

Whistleblower and FOIA Resources

Posted on October 09, 2008
The IRS has a Tax Fraud Alerts web page that covers some relevant territory.Then, too, there is FOIA.net.

Upcoming Elections: Appellate Court Retention

Posted on October 08, 2008
Along with everything else, Hoosiers get to decide whether the appellate court judges should be kept or sent back to civilian life. Three Supreme Court Justices, one Court of Appeals judge, and the Tax Court judge are up for retention. This year we have a web page Judicial Retention in Indiana on the subject...

New Trade Secrets Blog

Posted on October 07, 2008
Trading Secrets appears to be a fairly new trade secrets blog. Geared towards lawyers with a broader scope than my approach to trade secrets both on subject (the subheadline describes it as "A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud")...

FTC Looking to Change Its Practice Rules

Posted on October 07, 2008
This came in today from the GPO:AGENCY: Federal Trade Commission (``Commission'' or ``FTC'').ACTION: Proposed rule amendments; request for public comment.-----------------------------------------------------------------------SUMMARY: The FTC is proposing to amend Parts 3 and 4 of its Rules ofPractice, in order to further expedite its adjudicative proceedings,improve the quality of adjudicative decision making, and clarify therespective roles of the Administrative Law Judge (``ALJ'') and theCommission in Part 3 proceedings...

E-Discovery Seminars from FIOS

Posted on October 06, 2008
Tom Mighell mentioned these in the latest e-mail alert from Inter Alia. The Legal Hold Process ? A Crucial Component to Effective Discovery Response is for October 7.

Free Microsoft Book for Getting Your Business Online

Posted on October 05, 2008
While not a great fan of Microsoft, I am partial to free stuff that is useful. So what is Microsoft offering? Yes, the deal is good till October 19.Looking for a simple but powerful way to get your company on the Web?Get the e-book free?30-day limited time offer!*If you?ve been putting off the idea of getting your business on the Web or are just getting started in the business world and want a fast, inexpensive starting point, Microsoft Office Live Small Business is your solution...

Trade Secrets: Entrepeneur Magazine Sues Over Ranking Formula

Posted on October 01, 2008
Another week, more departing employees, another trade secrets suit. Having spent most of the past month fending off the effects of our local and national economic problems, I think we will see more of this as time passes. Why? Too few dollars means sharper competition...

Jackson Lewis - OFCCP Directs Employers on Counting Employees in Setting Affirmative Action Plan Goals

Posted on September 25, 2008
From Jackson Lewis some importnat information for employers - OFCCP Directs Employers on Counting Employees in Setting Affirmative Action Plan Goals:"The Office of Federal Contract Compliance Programs (?OFCCP?) has updated its existing interim guidance regarding the use of the ?new? race/ethnicity categories as part of affirmative action plan preparation...

The Blog of the Federal Evidence Review

Posted on September 25, 2008
Yes, this one for any lawyers reading this blog. The Blog of the Federal Evidence Review is part of a wider website. Since 99% of my practice is in state court, this actually is very helpful for those times I get into federal court. (Which brings to mind, why has no one done the same for Indiana's Rules of Evidence...

How The Federal Courts Treat Employment Discrimination Plaintiffs

Posted on September 25, 2008
According to a new report, plaintiffs in employment discrimination lawsuits are not so successful in federal court. Something to think about for both employers and employees. ACS hosted a panel discussion on a new article published in the Harvard Law and Policy Review that concluded that workers bringing employment discrimination lawsuits increasingly fare poorly in the federal courts...

Bankruptcy - Chapter 13 - Two States Disallow Plans Paying Only Attorney Fees

Posted on September 24, 2008
It is always good to learn something new. The New York Bankruptcy Attorney Blog's Missouri, Following New York, Holds that Chapter 13 Bankruptcy Plans That Pay Legal Fees Only Are Not Allowed taught me something new:"You are eligible for a Chapter 7 bankruptcy discharge only every eight years...

The Importance of Protecting Domain Names

Posted on September 24, 2008
Traverse Legal Blog makes a very good point in its Lawyers Protect Brands & Trademarks In Cyberspace. Call this another example of preventive law or how lawyers can protect a business on a front unknown to the business owner.If a Business? Brand is its Greatest Asset...

Online Resources: Trade Secrets Blogs

Posted on September 23, 2008
I want to second Kevin's Security Scrapbook's Your Trade Secrets Are At Constant Risk:Make your boss open that security budget wallet... Visit and bookmark the Trade Secret Vault for the latest horror stories. Proof, funding proactive security is a no-brainer...

Employment Law: Bosses Screening Potential Employees's Social Netgworking Sites

Posted on September 23, 2008
Here is a a subject that bears repeating: Bosses admit screening potential employees via social networks.Nothing prevents an employer from not hiring someone for what they post on a social networking site. At least, not in Indiana.

Trade Secrets: Litigation News

Posted on September 23, 2008
Litigation continues, some with success and others without.From Crain's comes Motorola sues RIM for poaching employees:"(Crain?s) ? Motorola Inc. has sued rival Research in Motion Ltd., maker of the BlackBerry, for poaching its employees.In a suit filed Friday, Motorola says RIM has hired away 40 employees, in Libertyville and in Plantation, Fla...

Why Preventive Law is a Good Idea: Litigation Too Costly Says ABA Group

Posted on September 22, 2008
From Litigation Too Costly, E-Discovery a ?Morass,? Trial Lawyers Say:"Updated: The civil justice system in the United States is so bogged down in a 'morass' of e-discovery that it is often too expensive for litigants to take their cases to trial, according to a survey of trial lawyers...

Updted ADA Passes Senate

Posted on September 22, 2008
So reports workforce.com and it appears President Bush will not veto the law.Senate Approves Legislation to Expand Workplace Disability Law:"A bill that would expand workplace protections for disabled Americans gained unanimous Senate approval on Thursday, September 11...

Indiana Court of Appeals Visits Anderson on Thursday

Posted on September 17, 2008
So reports The Indiana Lawyer. Arguments in gambling case Thursday: "The Indiana Court of Appeals hits the road Thursday to hear arguments at Anderson University in a case involving a compulsive gambler and what duty the casino had to prevent her from gambling...

Lehman's Bankruptcy Petition

Posted on September 17, 2008
Courtesy of Findlaw: http://news.lp.findlaw.com/hdocs/docs/lehman/20080914bankruptcy-petition.pdf

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