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Posts from December 2010.

As I sit here in my office, contemplating why I decided to go back into the practice of law after 15 years in private industry and the public sector, I couldn’t help but be struck by a New Year’s cartoon in this morning’s paper. An impossibly old man with a long beard looking beaten down and frail is wearing a roman-style toga emblazoned with“2010.”  

He passes something off, perhaps ...

Suppose that your neighbor, much to your dismay, builds a detached garage four feet from your property line. While the garage violates your neighborly sensibilities, you think it might also violate your neighborhood rules and applicable zoning requirements. After a decidedly un-neighborly discussion with your neighbor, where do you turn for resolution? In today’s residential property landscape (which includes record foreclosures, developer bankruptcies, short-sale buyers with differing agendas and a variety of other unusual circumstances), some effort may be required to identify and consider the preferred enforcement authority to address these types of situations. The first step, however, is to understand the scope of authority for local zoning boards and property owner associations to address these situations when they arise.

Posted in Litigation

Bingham Greenebaum Doll attorney Meaghan Klem and James J. Bell recently authored this article on interrogation procedures for The Indiana Lawyer.  A preview is below.  Visit The Indiana Lawyer web site for the full article.

The effective date of Rule 617 of the Indiana Rules of Evidence is only a couple of weeks away.  Rule 617 provides procedural safeguards for suspects in ...

Bingham Greenebaum Doll partner Andy Gruber was on this week's episode of "Inside Indiana Business with Gerry Dick." Andy participated in the panel segment, "The INsiders," where he discussed the hot topics of the week, including Steak 'n Shake's profits, the new Big Ten divisions and education reform. Watch the video here >>

Posted in Estate Planning

The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 passed the U.S. House last night, and is expected to be signed by President Obama today. The Act includes the following significant changes to the federal gift tax, estate tax and generation skipping tax. These are preliminary highlights. The Estate Planning Practice Group at ...

Posted in Government

Michael Patrick Rooney, former Director of Baseball Operations at Arizona State University, was fully exonerated today by the NCAA Committee on Infractions. Beginning with an investigation in 2009, the NCAA Enforcement Staff examined allegations of recruiting violations with the ASU baseball program. The alleged violations included improper reporting of recruiting-related ...

Since the election of President Obama, five little words – The Employee Free Choice Act – have been the source of question and concern for non-unionized employers everywhere.  The latest version of the Employee Free Choice Act, or EFCA, was proposed in March of 2009. (Text of bill.)  The bill’s lofty goal is to “amend the National Labor Relations Act to establish an efficient ...

Posted in Estate Planning

The Indiana Court of Appeals determined that Indiana Code 31-17-2-3, a statute permitting any parent or non-parent to initiate child custody proceedings, cannot be used to circumvent Indiana’s adoption statute. MS and CS were in a committed same-sex relationship for over a decade. In 2003, CS was artificially inseminated from a donor and gave birth to SS. In 2007, CS and MS filed a ...

Posted in Litigation

Two recent cases highlight the importance of managing sensitive electronic documents. Game producer Zynga, creator of the Facebook-favorite Farmville, sued rival producer Playdom in 2009. Zynga’s court papers claim that former employees took important documents from the company to Playdom, including the “Zynga Playbook”—a how-to guide to developing the viral games ...

We all know the story of Cinderella.  Though her fairy Godmother warned her, she stayed at the ball too long.  When the clock hit twelve, she had trouble leaving with the clothes on her back.  Learn from her mistake. 

One of the biggest tax loopholes is a taxpayer's right to make tax-free $13,000 gifts to any number of donees ($26,000 if the taxpayer is married).  Making these gifts is an excellent ...

Posted in Estate Planning

President Obama and Congressional GOP leaders have reached a tentative deal concerning extensions and modifications of various federal taxes. As concerns the estate tax in particular, the deal calls for a $5 million exemption amount and a 35% rate, both of which will sunset after two years. No word yet on whether other proposed modifications to the estate tax, such as 10-year ...

Most companies keep sensitive personal information in their files – names, Social Security numbers, credit card or other account data – that identifies customers or employees. This information often is necessary to fill orders, meet payroll or perform other necessary business functions. However, if sensitive data falls into the wrong hands, it can lead to fraud, identity theft or similar harms. Given the cost of a security breach – losing your customers’ trust and perhaps even defending yourself against a lawsuit – safeguarding personal information is just plain good business.

Posted in Estate Planning

The Indiana Court of Appeals determined that an Indiana court did not reassume jurisdiction after an Illinois court because the father in the case did not follow Uniform Interstate Family Support Act requirements. In J.L. v. R.V., the mother and father of one child divorced in 1999. The father was ordered to pay $45 a week in child support. Shortly after the divorce, the father moved to ...

A low-profit limited liability company (L3C) is essentially a limited liability company (LLC) authorized under recent statutes passed in at least seven states.  They are similar to traditional LLCs but, among other things, are statutorily required at all times to significantly further the accomplishment of one or more charitable or educational purposes as defined in the Internal ...

Posted in Government
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Posted in Government

Teresa Lubbers, Commissioner of the Indiana Commission on Higher Education, served on the Higher Education panel at today's Bingham Greenebaum Doll Legislative Conference. Catch her interview here.

Posted in Real Estate

Many owners of apartment buildings and other investment properties face issues with their tenants.  One of those issues is that of tenants and the trouble their pets can cause. A recent decision handed down by the Court of Appeals of the State of Indiana dealt specifically with this issue. 

In the case of Morehead v. Deitrich,  the Court of Appeals held that a landlord was not liable for ...

The Kentucky CPA Journal / Issue 6 2010Tax in the BluegrassDecember 2010

Looking back at Kentucky cases concerning sales and use tax, there are obvious stand outs.  That said, of course, one needs to begin with the sales and use tax statute that applies to the subject matter at issue (for example, the manufacturing-related exemptions), and administrative tax regulations and other administrative guidance (for example, the old Revenue Policies and Circulars, Kentucky Tax Alerts) can be helpful as well.  But, in the absence of administrative guidance and even when administrative guidance exists, the right case can be very useful in addressing the issue at hand. 

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