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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

Landlord-Tenant: Abandoned Property

Posted on July 21, 2008
How long must a landlord hold onto a tenant's property? Indiana has a statute on this:IC 32-31-4-2 Liability; abandoned property; court order allowing removal by landlord a) A landlord has no liability for loss or damage to a tenant's personal property if the tenant's personal property has been abandoned by the tenant...

Online Resource: Federal Motor Carrier Safety Administration Regulations

Posted on July 21, 2008
Give the federal government credit for providing easy access to the regulations for truck drivers on the Federal Motor Carrier Safety Administration site. Drivers - as well as lawyers - might want to take a particular look at Hours-of-Service Logbook Examples - Revised August 2005.

Washington Post article on qui tam case backlog for the DOJ sparks frenzy : Whistleblower Law Blog

Posted on July 20, 2008
Washington Post article on qui tam case backlog for the DOJ sparks frenzy : Whistleblower Law Blog: "Today, Washington Post writer, Carrie Johnson put qui tam front and center in the minds of everyone around the country, with her newsworthy and in-depth front page article 'A Backlog Of Cases Alleging Fraud- Whistle-Blower Suits Languish at Justice' in the Washington Post today...

New Seventh Circuit FMLA Opinion

Posted on July 20, 2008
The following came to me from The Indiana Lawyer:In Steven Peters v. Gilead Sciences, Inc., No. 06-4290, the three-judge panel reversed and remanded the case involving a Family and Medical Leave Act claim. Steven Peters had worked for the pharmaceutical company since 2001 and worked from his home in Indianapolis, marketing products to doctors and healthcare professionals...

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Online Resource for Indiana Businesses: 21st Century Fund - Home

Posted on July 19, 2008
How many business owners know of Indiana's 21st Century Fund? That you do not may say more about the agency than you. If you are looking at starting a high tech business, then you really should check out this agency:"The Indiana 21st Century Research and Technology Fund was created in 1999 by the General Assembly to stimulate the process of diversifying the State's economy by developing and commercializing advanced technologies in Indiana...

Legislating an Employee Data Protection Policy - an Idea for Indiana

Posted on July 19, 2008
I vote yes, it would. With only two states doing this - so far - I cannot see Indiana being an early adopter (but then when do we adopt something early?)Take a look at the following from Connecticut Becomes Only the Second State to Mandate an Employee Data Protection Policy:Employers Must Create and Post a Social Security Number Policy...

Online Resources: Indiana's Open Door Law

Posted on July 18, 2008
I say the first and foremost resource for Indiana Open Door Law issues is Indiana's Public Access Counselor. The site has access to opinions, statutes, administrative rules, presentations and resources. The following are some of the resources:Public Access Handbook Public Records Request Guide for Offenders Guide to Filing a Formal Complaint Public Acces to Election Records Sample Records Request LetterSample Public Agency Records Request Response LetterFor those who do not know why I am making such a to do about this agency, this is from the agency's "About Us" page:The powers and duties of the public access counselor are the following: To establish and administer a program to train public officials and educate the public on the rights of the public and the responsibilities of public agencies under the public access laws...

Estate Planning for All Ages

Posted on July 18, 2008
I have tried to convince many people that they need a Will (at least) for more years than I care to admit without much success. Now, I would suggest they take a look at CareGuide's What Kind of Estate Plan Is Right for You?:We've sorted our tips into broad categories of family situation and age...

Selling A Business: Top Ten Tips For Entrepreneurs | 4 entrepreneur

Posted on July 17, 2008
4 entrepreneur writes about Selling A Business: Top Ten Tips For Entrepreneurs. I recommend anyone selling - or buying - a business read all of the post. Of the ten, I had to emphasize the following:4. Run the Negotiations Through the Lawyers. The entrepreneur should do what he does best ? i...

Forms: Indiana State Agency Forms

Posted on July 17, 2008
Courtesy of the Indiana Commission on Public Records (ICPR), there is a partial catalog of state agency forms:Note: Not all state forms are available on this catalog. Each state form is the property of a specific government agency, and a form is only available online if the agency has requested that it be placed in the catalog...

Indiana Court of Appelas and Joint Ventures

Posted on July 16, 2008
The Indiana Lawyer reports that the Indiana Court of Appeals has a new decision regarding joint ventures: COA sides with Lauth in casino suitLauth filed a motion for summary judgment in June 2006 claiming that the agreement formed a joint venture at most and that it was terminated when the Gaming Commission chose Trump over Lost River's proposal...

Franchising Common Sense

Posted on July 15, 2008
Thinking of buying into a franchise? Please read Dissed-enfranchisedg from MyBizBroker:"In a shaky economy, more people interested in running a business may turn to franchising, looking for a built-in roadmap to success. But here are three warnings that can be gleaned from the Cold Stone shakeout to consider before taking the plunge:1...

Online Resources: EEOC Laws, Regulations and Policy Guidance

Posted on July 14, 2008
Employers, employees both need to bookmark this page from the EEOC (U.S. Equal Employment Opportunity Commission): Laws, Regulations and Policy Guidance. The page acts as a portal for the following pages:Laws Enforced By EEOCEEOC RegulationsCompliance ManualEnforcement Guidances and Related DocumentsMemoranda Of Understanding

Wills and Executing Them

Posted on July 14, 2008
What scares most about online/do-it-yourself Wills is the execution of the Wills. Execution meaning the signing of the Will. Screw this up and a perfectly written Will becomes trash. (on the other hand, a poorly written Will does not get saved by a a perfectly executed Will signing)...

Employment Law: More on Employers Giving Employees Technology

Posted on July 13, 2008
Ajc.com's HANDLE WITH CARE takes a different slant than the usual article on the topic:"Your new job comes with a company-furnished PDA, cellphone and laptop computer. Sweet! What's not to like about free technology?But, before you tell all your friends your new number or start downloading from your favorite Web sites, best check the small print in the employee handbook...

Trade Secrets: Viacom and Google

Posted on July 11, 2008
A late post, sorry, but it seems some people just are not getting this (okay, high gas prices and an economy heading for the cellar and a presidential election might seem a bit more important) story about Court Rules Viacom Not Entitled To Google Trade Secrets:"A federal judge ruled Wednesday that Google need not reveal details of its search algorithm or ad platform to Viacom, which had requested the information as part of its $1 billion copyright infringement lawsuit...

Online Resources: Freedom of Information Act

Posted on July 11, 2008
Here is the federal Department of Justice's Basic FOIA Training Manual.The Associated Press also a FOIA page here.The Associated Press is the bastion of the people?s right to know around the world. With a long history of involvement in FOI issues and actions, AP is an industry leader in ?open government issues...

Online Resource: Corporate Legal Times

Posted on July 11, 2008
Corporate Legal Times provides a spare but accurate description of itself:A legal online magazine which provides readers with updated daily news and development of all local and national legal issues. Visit us often for the latest legal news.The site has sub-pages for the following: * Corporate Legal * Corporate Legal Times * Latest News * Lawyer Talk * Legal Blogs * Tech News(Being curious about the "Legal Blogs", I took a look and found what I would call more news rather than blogs: no blog roll, no links to blogs, no comment section...

Oneline Resource: Workplace Fairness: It's Everyone's Job

Posted on July 10, 2008
Workplace Fairness: It's Everyone's Job: "Workplace Fairness is a non-profit organization helping to preserve and promote employee rights. This website provides information about job rights and employment issues around the country and in all 50 states...

Trade Secret News: Ex-HP exec won't contest trade-secret theft charges

Posted on July 10, 2008
Another criminal case, BRIEF: Ex-HP exec won't contest trade-secret theft charges:"Atul Malhotra was a vice president for printing services at IBM when he obtained confidential pricing information in March 2006, according to charges filed Friday in San Jose's U...

Limited Liability Companies: The LLC Operating Agreement

Posted on July 09, 2008
Warning!: Another recurring theme for this blog approaches: the most important thing for a limited liability company (LLC) is its operating agreement.For what needs to into this agreement I suggest reading Anatomy of a Limited Liability Company Operating Agreement- What Must Be There and Why the Operating Agreement for an LLC is the Most Important Document to Your Business and my own Limited Liability Companies: What Does an Operating Agreement Do For a LLC?.

Creating Forms: A Technology Transfer Agreement

Posted on July 08, 2008
Deal Attorney Blog published Checklist for a Technology Transfer Agreement which I find a good example of how lawyers create forms. I know many come through here looking for forms but Indiana has few official forms for most subjects. Indiana lawyers create most of their own forms by looking at form books and the applicable law and then writing in just as the same manner as set out in the above article.

Dennis Kennedy on Becoming a Google Master

Posted on July 08, 2008
Let me say that I think we ought to be teaching Internet searching in high school. It is that important. Let me also say that I knew of some but not all of the techniques Dennis Kennedy writes about in Become a Google Master (and I should use more of them)...

Employers - Are you enforcing your computer and e-mail policies?

Posted on July 05, 2008
The moral of Employers Need To Be Careful To Avoid Waiving The Protections Of Written Computer And Email Policies from The Labor & Employment Blog is that you had better:The plaintiffs sued both Arch Wireless and The City of Ontario, as well as some individual defendants...

One Truly Great Article on Contracts and Agreements

Posted on July 04, 2008
Harry Thomas Hackney, P.A. of the Florida Law Blawg puts a lot of wisdom into his Get It In Writing AND Make It Clear:"I was listening to a podcast of a speech recently when the speaker said something such as ?Lawyers always say, get it in writing because then there is no doubt what you meant...

A Follow up of Sorts to "What is in a name? A lawsuit!"

Posted on July 03, 2008
I mentioned Morton's Pub & Grub in What is in a name? A lawsuit!. Today's Muncie Star Press reports the business is closing.Another downtown eatery that went public with its struggles to find and keep customers has closed. Morton?s Pub & Grub will close after July 19, owners Ty and Stacy Morton announced today...

Trade Secrets: Google Sued

Posted on July 03, 2008
Some news showing that anyone can be a defendant and any can be a plaintiff in a trade secrets case. This is from dBTechno: Google Sued By Start-Up Over E-Mail Switching Tool. "Washington (dbTechno) - Google has been sued by a Chicago start-up company named LimitNone...

Preventive Law: A View from the Big Guys

Posted on July 02, 2008
If you look around this blog you will find several posts on preventive law (like here and here and here) and this another. The Wired GC writes about a new agreement between the British firm Eversheds and its client Tyco under the headline Tyco and Eversheds, version 2...

Business Law: Employees and E-mail

Posted on July 02, 2008
The New York Times'A Company Computer and Questions About E-Mail Privacy brings an interesting case to light for me. The facts may make it impossible to duplicate exactly but I say it will be worth following:"In a lawsuit that he filed in May against Structured Settlement Investments, the finance company he used to run, Mr...

Biotech Moving from Patents to Trade Secrets

Posted on July 01, 2008
TMCNet's U.S. Patent Reforms Might Force Firms to Rely on Trade Secrets has several interesting points. First, it serves as a reminder of the interplay between patents and trade secrets. Secondly, it notes (what should be a familiar refrain if you have been reading my other articles on trade secrets) that effective trade secrets require planning and enforcement by the business...

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