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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

Consumer: Debt Relief Agencies

Posted on February 25, 2008
Before 2005, I had a consumer bankruptcy practice. I learned to dislike the consumer counseling agencies for promising much and delivering on nothing. Which is why I read The New York Times' Debt Relief Can Cause Headaches of Its Own with interest and quote it at length below...

Consumer: The Indiana Foreclosure Prevention Network

Posted on February 25, 2008
Indiana remains a hotbed for mortgage foreclosures. If you are facing this problem, take a look at Indiana Foreclosure Prevention Network (IFPN)The Indiana Foreclosure Prevention Network (IFPN) is a public-private partnership of community-based organizations, government agencies, lenders, realtors, and trade associations that has devised a multi-tiered solution to Indiana?s foreclosure problem...

Funeral Planning

Posted on February 25, 2008
Today's Washington Post published Hey, It's Your Funeral. I find it a bit on the lightweight side and a bit on the eccentric side. I cannot imagine many building their own coffins. As a lawyer, I think emphasizing an ethical Will over estate planning and a Last Will and Testament is a bit silly...

Indiana Online Resources: Professianl Licensing Agencies

Posted on February 25, 2008
If you have a professional license from Indiana or you want to find to find out about professional licensing in Indiana, you need to know about Indiana's Professional Licensing Agency. Everything from nurses to hairdressers to plumbers to doctors has a licensing board...

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Trade Secrets News Roundup

Posted on February 18, 2008
A few cases popped up in the news this week. Two have the same theme of departing employees taking trade secrets. Let's all say it together one more time: hiring employees from competitors is good for employing lawyers and giving judges work.For our first case of departing employees and trade secrets, we From The Athens Messenger comes Rocky Brands files lawsuit over use of its trade secrets which has an interesting twist: The lawsuit was filed last week in U...

Indiqana Court of Appeals Holds Federal Arbitartion Act Controls Interstate Contracts

Posted on February 17, 2008
On February 8, 20085, the Indiana Court of Appeals decided Lasalle Group, Inc v. Electromation of Delaware County, Inc. (PDF format). Since the contract was between companies of different states and had an arbitration clause, the Federal Arbitration Act applied to the case...

Business succession planning article

Posted on February 17, 2008
I read Key to business longevity: Keep it all in the family from The Indianapolis Star as providing an example of business succession planning - its successes and its need:Bill Howe, a 75-year-old San Diego-based family-business counselor with SCORE, a nationwide business mentoring agency, said he started or created five businesses in specialties that range from plumbing to signs to water filtration that his children eventually took over...

Reviewing the Proposed FMLA Regulations

Posted on February 16, 2008
Employer Law Report reviews the same proposed FMLA regulations I noted in Employment Law: FMLA News.The following contains the general point made in Proposed FMLA Regulations Largely Disappointing for Employers:"As we reported yesterday, the Department of Labor (DOL) issued new proposed regulations governing enforcement of the Family and Medical Leave Act (FMLA)...

Consumer Law: Suing Debt Collectors

Posted on February 16, 2008
Indiana has no state law comparable to the federal Fair Debt Collections Practice Act (FDCPA). Which means if you want to sue a collection agency in Indiana, then you need to know about the FDCPA. The Federal Trade Commission has a FAQ (Frequently Asked Questions) here (which is in PDF format)...

Patents from Blawg Review

Posted on February 15, 2008
I do not mention Blawg Review. I probably should. Blawg Review is a weekly roundup of law blogs or law related blogs written by different lawyer bloggers. The Invent Blog concentrates on patents and inventions in Blawg Review #146

Office Romance

Posted on February 15, 2008
From Workforce Blogs - The Business of Management:"Well, here?s a news flash: It?s not. Office romances have always been part of the equation in any workplace since the dawn of time, and there?s no evidence that the problem has gotten appreciably better or appreciably worse...

Trade Secrets: More on Memorizing Trade Secrets

Posted on February 15, 2008
Ohio Employer's Blog has a fuller discussion of the Ohio case I wrote about here. See Ohio Supreme Court holds that retained memory can constitute a trade secret. I found the following a very interesting insight: This case will not only expand trade secret protection, but also the class of employees against whom noncompetition agreements can be enforced...

Franchising News: Basketball

Posted on February 15, 2008
Hoosier Hysteria has a new outlet? I pass along Taking shot at franchises Fishers? Fieldhouse hoops venue signs 2 deals, plans many more from the Indianapolis Business Journal without much more comment than these quotes:"Scott Burton, CEO of The Fieldhouse, said deals have already been signed with franchisees in Merrillville and in Naperville, Ill...

New Trucking Regulations

Posted on February 15, 2008
The Federal Register shows a new federal Motor Carrier Safety Regulation being proposed, FR Doc E8-2605:"SUMMARY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 20 individuals...

Indiana's Deceptive Consumer Sales Act - Part 2

Posted on February 13, 2008
What is a deceptive act for Indiana's Deceptive Practices Act?IC 24-5-0.5-3(a) has nineteen (yes, 19) different acts that can be a deceptive practice.(1) That such subject of a consumer transaction has sponsorship, approval, performance, characteristics, accessories, uses, or benefits it does not have which the supplier knows or should reasonably know it does not have...

Another Vote for Getting a Buy-Sell Agreement

Posted on February 13, 2008
Jeff Dennis has a column, Lessons from the edge on Canadian Business Online that includes excerpts from his book of the same name. He describes the book as "a chronicle of entrepreneurs who lost or almost lost their companies, and what they learned in the process...

Bank Not at Fault for Opening Account for Thieving Employee

Posted on February 13, 2008
Want a scary story? Take a look at High court affirms summary judgment for bank. Adjuster opens bank account and deposits money that ought to have gone to employer. Indiana's Supreme Court says bank owed no duty to employer and therefore no liability against the bank...

Employers - Protect yourslef against wage claims

Posted on February 13, 2008
Here comes another example of how an employer can protect themselves from unnecesary lawsuits. Put another way, not protecting yourself makes makes necessary an unnecessary lawsuit. I suggest reading all of The Wage and Hour Class-Action Epidemic but study these points: 1...

The Indiana Law Blog is back: About

Posted on February 13, 2008
The Indiana Law Blog is back: About this blog - More on: Announcement from the ILB editor. My best wishes for Ms. Oddi.

Following up on the Nelms case

Posted on February 12, 2008
While the State of Indiana goes after Robert Nelms for possible fraud regarding cemetery funds (see my post here, here and here), The Indianapolis Business Journal reports others sued the financial services firms, Memory Gardens lawsuit seeks $20M:An Indianapolis law firm has filed a class-action suit seeking more than $20 million from a pair of financial-services firms it says facilitated the transactions that allowed a New Jersey couple to plunder cemetery trust funds...

Citizen Media Law Project Launches Legal Guide

Posted on February 12, 2008
New guide favoring online publishing information but does have some general business information:Forming a Business and Getting Online, which covers the practical issues to consider in deciding how to carry on your online publishing activities, including forming a for-profit and nonprofit business entity, choosing an online platform, and dealing with critical legal issues relating to the mechanics of online publishing...

Rading around: BNET for businesses

Posted on February 11, 2008
I found this site on Saturday and not had much chance for an in-depth exam but that is because there is a lot here: marketing information, management information, health information, book reviews and videos. BNET.com describes itself as the go-to place for management...

Retail Insights for the Small Business

Posted on February 11, 2008
The Indianapolis Star's From grass roots to grocery shelf has some interesting points for businesses and start ups:Henderson's is a story of a local entrepreneur making the leap to the retailing big leagues. But it's a rarity."The likelihood of being successful with a new product is close to the likelihood of winning Powerball," said Richard Feinberg, a retail professor at Purdue University...

Does Memorizing a List Equal Stealing Trade Secrets?

Posted on February 11, 2008
It does in Ohio and it might in Indiana. The Ohio Supreme Court interpreted its version of the Uniform Trade Secrets Act to include a memorized list of business' clients. Since Indiana trade secrets law is the Uniform Trade Secrets Act, this case has possible application here...

Starting an Indiana Business - The Indiana Department of Revenue

Posted on February 08, 2008
I generally do not bring up tax issues. Not being an accountant, I avoid getting into the nitty-gritty of tax law. This post still avoids the details of tax law for more general. Indiana's Department of Revenue has the following information for new businesses in Indiana at Register a Business...

Are you ready for tax time?

Posted on February 08, 2008
Read Find tax breaks for your business before seeing your accountant. You do have an accountant for your business, right?

Probate news: The James Brown Estate

Posted on February 08, 2008
From what The New York Times' reports, the James Brown estate has problems: Mr. Brown?s estate was already the subject of a raft of lawsuits and squabbling involving his children, grandchildren, children whose paternity has been asserted but not yet proved, three wives and a companion who says she was his fourth wife...

Looking for information on the restaurant business?

Posted on February 08, 2008
You might want to take a look at Nation's Restaurant News.

Practice Management: Why Here Is There and There is Here

Posted on February 07, 2008
With the Internet and tools like this:Google Apps is a cool way to collaborate on documents with co-workers and share calendars online. But up to now, you've had to go through the hassle of associating Google Apps with your domain if you wanted to have a set of documents and calendars just for you and others at your company...

Employment Law: FMLA News1

Posted on February 07, 2008
The federal Department of Labor posts the latest update to the Family and Medical Leave Act on its website:The Family and Medical Leave Act and National Defense Authorization Act for FY 2008:"On January 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA), Pub...

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