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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

New Column at Anderson Free Press

Posted on June 11, 2008
I finally found time to write The Law and You ? Part Three: Dealing With Lawyers for the e Free Press.

Anyone care to vote for Indiana Civil & Business Lawyer?

Posted on June 11, 2008
Blogged has this blog on its site and you can vote on how well you like it. A littel feed back from my readers would be a good thing. Thank you.

Business Law Blog to Keep an Eye on: BizzBangBuzz

Posted on June 11, 2008
Here is my criterion for praise: when I see something that I know is better done than what I have done. I have tried to post article that I think that are helpful to my business clients and I have tried to write law articles accessible to the general public as well as other lawyers...

Business Owners Take Heed! Preventive Law

Posted on June 11, 2008
Excuse the bluntness of this statement but in my opinion it is one that is too true: business owners neglect the legal risks to their businesses because they do not want to pay their lawyers until there is a "problem". Which does not explain why they pay their business insurance premiums...

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Employers, Preventive Law and the Employee Leaving the Business

Posted on June 10, 2008
The best advice I found (lately) is this paragraph from Handle departing employees: When the grass is greener:There are two lessons from the HISL case: first, listen to your employees when they have good ideas. Second, if you wish to prevent departing employees taking preparatory steps prior to leaving employment to ensure their future income, or competing with you after they have moved on, make sure your contracts of employment are properly drafted...

Indiana Attorney General Stubs Toe While Enforcing Civil Investigative Demands

Posted on June 07, 2008
Who needs evidence? On Tuesday, The Indiana Lawyer published Court: Evidence needed to enforce CID. You will have to take a look at my post, See Litigation: Indiana Jurisdiction Over Out of State Companies, to get the full scope of the interest here...

Employment Laww Blog: Quirky Questions - Real-Life Employment Blog

Posted on June 04, 2008
While this particular blog focuses on Minnesota employment law, I like it. Written by Roy A. Ginsburg of Dorsey & Whitney, you got to like something named Quirky Questions - Real-Life Employment Blog. The blog describes itself as follows:"Nearly every day, executives and managers, and the Human Resources personnel who work with them, are confronted with unanticipated questions regarding the workforce...

Pre-Need Funerals - Ohio Senate Passes a Consumer Protection Bill

Posted on June 04, 2008
I cannot help but wonder if legislation like this reported in the Lancaster Eagle Gazette Ohio Senate Passes Pre-Need Funeral Consumer Protection Act is not related to the Nelms/Memory Gardens case here in Indiana:"Under Senate Bill 196, increased consumer disclosure is required when an individual purchases pre-need funeral services, including: How it is funded; revocation rights; under what circumstances a consumer can transfer pre-need arrangements to another funeral home; that the consumer is entitled to receive price information in accordance with the Federal Trade Commission Funeral Rule; and that the insurance company or trustee that receives monies pursuant to a pre-need funeral contract is required to notify the consumer in writing when monies are received...

Employment Law: United State Supreme Court on Retaliation Claims

Posted on June 03, 2008
Last week, the United States Supreme Court stirred up employment law by allowing a retaliation claim in two federal employment law cases where the statutes did not specifically create any such lawsuit.Jackson Lewis provides a short but succinct review of the case in Supreme Court Gives Green Light for Retaliation Claims Under Two Civil Rights Statutes:"The ruling is significant because �1981 has a longer statute of limitations than Title VII and, unlike Title VII, contains no limitations on the amount of punitive and pain and suffering damages available to a plaintiff...

Indiana Code 34-25-2

Posted on May 31, 2008
Indiana Code 34-25-2: "IC 34-25-2-4Plaintiff's affidavit Sec. 4. The plaintiff or a person representing the plaintiff shall make an affidavit showing: (1) the nature of the plaintiff's claim; (2) that the plaintiff's claim is just; (3) the amount that the plaintiff ought to recover; and (4) that one (1) of the grounds for an attachment enumerated in section 1 of this chapter is present...

For Those Wanting Forms: Legal Zoom Review

Posted on May 27, 2008
Many visiting here look for forms and that is not really the purpose of this blog. Instead, read What is LegalZoom? from eLawering Blog. I think the review does a good job of balancing the pros and cons of a service like LegalZoom.The review makes a point of something I have noticed about these online sites:The company claims that: "With LegalZoom's lawyer-free service, you can save up to 85% off the rates an attorney would charge for the same procedure...

Employees Beware of What You Are Doing on Your Company's Computer

Posted on May 26, 2008
The Muncie Star-Press publishes another warning of employees losing jobs over what they do online at work. I think that we all would know that a company owns its own computers and employees have no privacy rights on those computers. Then I read something like Companies monitoring employees and realize that the word either is not getting out or not being heard: "Employers have ways to monitor the e-mail you send and the Web sites you visit on your computer at work...

Trade secret Litigation News for the Week of May 24

Posted on May 24, 2008
Craig's List and eBay go at in California, Craigslist sues eBay and alleges corporate spy plan: In a lawsuit filed in California Superior Court in San Francisco, Craigslist challenged allegations in an eBay suit filed in Delaware state court in April that accused Craigslist of discriminating against eBay as a shareholder...

Justice Scalia on Persuading Judges

Posted on May 24, 2008
The American Bar Association Magazine excerpted parts of Justice Scalia's book on legal writing and argument in Making Your Case. I disagree with most of Scalia's jurisprudence but his advice about writing is spot on:Value clarity above all other elements of style In brief-writing, one feature of a good style trumps all others...

A slightly different estate planning: Pets

Posted on May 23, 2008
I suggest anyone interested in the topic take a look at Danny Meeks' Pet Trust Law Blog. To the best of my knowledge, this is the first blog on this topic.

Employment Law and Public Employees

Posted on May 23, 2008
Constitutional issues appear more easily with government employees than with private employees. Constitutional rights apply against the government and rarely against private employers. Still, there are limits to constitutional protections for government employees...

Starting a Business: Where to Incorporate

Posted on May 23, 2008
I say where you live is best. The students of the University of Illinois College of Law agree. They published Home Is Where the Most Economically Beneficial Laws Are: Finding the Best Location to Incorporate Your Business on their blog, The Illinois Business Journal...

Collections: Indiana Court of Appeals and Bank Garnishments

Posted on May 23, 2008
Time being short, I am relying on The Indiana Lawyer's Bank not required to restrict withdrawals for now:"In JPMorgan Chase Bank, N.A. v. Laura and Dennis Brown, c/o Green, Richard & Trent and Rebecca Recht, , No. 02A03-0801-CV-2, the appellate court had to interpret I...

Collections: Fraudulent Transfers, New Case from the Indiana Court of Appeals

Posted on May 22, 2008
The Indiana Court of Appeals held in Hoesman v. Sheffler (pdf) format that a debtor is not a necessary party to a fraudulent transfer suit (pages 8 -9). Hoesman involves a trustee converting money in a trust. Those thinking of a trust with a relative should read this case...

Employment Law: The Dangers of Non-Compete Agreements

Posted on May 22, 2008
Unlike Virginia Non-Compete Law Blog, I represent both employees and employers in regards to non-compete agreements. I emphatically agree with my Virginia colleague on the following:1. Do not sign a noncompete contract without first discussing with a knowledgeable attorney the impact the agreement can have on your and your family's future...

Online Resources - Public Citizen and FOIA cases

Posted on May 21, 2008
Public Citizen provides information on the following Freedom of Information topics (yes, it is a portal page):Drafting FOIA RequestsLegal Research & Litigation ResourcesSpeeches, Reports, Comments and Articles

Business Law: The Contract from Hell

Posted on May 21, 2008
What makes a badly written contract? Business owners who think the better contract brims with legalese needs to read How To Earn Undying Loyalty From Business Clients (Part 1) - Guest Blogger Anita Campbell.I came through law school after the start of the Plain English movement had begun but I think even without that education my natural impatience would have gravitated towards plain English in legal writing...

Consumer: Eco-Funerals

Posted on May 20, 2008
When I saw the title Eco-Funerals - Green to the Grave at the Toronto Estate Law Blog, I knew I had to read it. I heard of these on NPR several years back but I did not recall any mention of Canada, only of England and Arizona (if I recall correctly)...

Employment Law: Avoid Problems When Hiring

Posted on May 20, 2008
Worforce.com has a rather long but worth reading piece under the headline, The Hiring Process: A Primer of Legal Do's and Don'ts. Bookmark it, print it out, but reading it is worth the time.

Business Groups Bash Pivotal 401(k) Suit Filed Against Deere | workforce.com

Posted on May 20, 2008
Off the beaten path for me and this blog but Business Groups Bash Pivotal 401(k) Suit Filed Against Deere from workforce. com has some interesting news on 401(k) plans :"The ERISA Industry Committee, the American Benefits Council and the National Association of Manufacturers have filed a joint brief stating that the lawsuit should be dismissed in appeals court, where the case currently resides...

Following up on "More Fall Out From the Nelms/Memory Gardens Case"

Posted on May 19, 2008
I noticed Cemetery trust money should go to a third party from The Grand Rapids (MI) Press and realized I had not followed up on More Fall Out From the Nelms/Memory Gardens Case. HB 1026 did become law is now effective according to the Indiana Bill Info site.

Justices split on rental restriction case

Posted on May 19, 2008
The Indiana Daily Lawyer reports The Indiana Supreme Court came down on the side of a homeowner/landlord against a homeowners association. The following is from Justices split on rental restriction case: "The state's highest court has been quiet on the issue since hearing arguments in October 2006, but it simultaneously decided to grant transfer and issue an opinion in the case of Villas West II of Willowridge v...

Businesses and Contracts and a Follow up to "Looking Outside the Sandbox"

Posted on May 18, 2008
Rush on Business's Writing the Better Contract from Anita Campbell- Part II lead me to How To Earn Undying Loyalty From Business Clients (Part II) - Guest Blogger - Anita Campbell. I agree with Rush emphasizing the points about what makes a good contract:First and foremost, the better contract protects the client...

NDA's

Posted on May 17, 2008
Start Up Lawyer Blog's What is important in a confidentiality agreement or non-disclosure agreement (NDA)? should be read by a business owner, employer or lawyer looking at a confidentiality agreement. Here are two examples.Need for an agreement. Entering into an NDA increases the risk that the recipient may face charges of trade secret misappropriation if it develops similar information in the future or inadvertently discloses or uses the information...

Interstate Trucking: New Regulations on Driver Qualifications

Posted on May 17, 2008
I know I am a day late on this but see the following post for why the posts here are a bit untimely. You can access the proposed regulations - with the deadline for making comments - at the following:Qualification of Drivers; Exemption Renewals; Vision

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