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Posts from January 2011.

If we get the BIG ice storm that is expected to hit Indy, many of us will suffer damage to our homes, businesses and vehicles.  The tax law allows us to claim a deduction for a “casualty loss,” as long as certain requirements are met.  As you might expect, the requirements are complex, but basically you are entitled to a tax deduction for the amount the value of your property was reduced as a ...

Bingham Greenebaum Doll Women’s Forum and KeyBank’s Key4Women are excited to announce the third presentation in their quarterly speaker series entitled “What Women Want.” 

The presentation, titled “Achieving Work-Life Balance,” will be presented by Jennifer Browning-Holmes, Co-Founder and President of Integrating Woman Leaders, Inc.  In addition to ...

Posted in General

Does your manufacturing business have a patent marking review process? Patent marking, while seemingly simple, can create complex and potentially costly legal issues for manufacturers. To protect their rights, manufacturers owning patents should "mark" their patented products and related marketing literature to notify buyers their products are patented. Marking improves a manufacturer's chances of recovering damages for patent infringement and is a preferred practice to follow. A proper marking typically includes the issued patent number or "patent pending." However, under federal law, unpatented products (and any advertising for unpatented products) cannot give the indication that the product is protected by an issued patent. If a manufacturer incorrectly marks its products, it can be subject to a fine of up to $500 per product. In the case of a manufacturer that mass produces large numbers of products, such as the Solo Cup Company which had manufactured billions of incorrectly marked cups, the potential liability can be substantial. Even if there is not a large number of improperly marked products, a manufacturer may still have to pay to defend itself against a claim of false patent marking.

Posted in Real Estate

Brad Wilt, Aaron Rose and Meg Christensen recently authored an article on an Indiana Supreme Court decision that will impact insurance claims in the construction industry. A preview is below.

Until recently, Indiana law did not require a general contractor’s general liability insurance policy (CGL) to cover unexpected faulty workmanship performed by a subcontractor. However, a ...

Posted in Litigation

Bingham Greenebaum Doll attorney Meg Christensen and I recently authored this article on the deadline for pro hac vice reporting for The Indiana Lawyer.  A preview is below.  Visit The Indiana Lawyer web site for the full article >>

As 2011 dawns, with the year end accounting done and the pie generously sliced, it is time to ramp up for another year. Many attorneys pause to take a breath ...

Posted in Government

Bingham Greenebaum Doll attended and presented at a recent Indiana Biomass Energy Working Group meeting and tour of an operational biomass boiler for the Sisters of Providence at Saint Mary-of-the-Woods.  Watch the video for highlights.

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In a December 13, 2010 Wall Street Journal editorial, Minnesota Governor Tim Pawlenty stated, “. . . we need to end defined-benefit retirement plans for government employees.” Pawlenty isn’t alone: replacing public plans with defined contribution plans, which would follow an undeniable trend in the private sector, is being discussed in state legislatures around the ...

The Labor and Employment Practice Group at Bingham Greenebaum Doll has been watching the saga of Brett Favre’s legal woes with much interest, particularly as those woes may contain lessons for employers. 

Last week, two massage therapists filed suit in New York state court against Favre and the Jets.  The suit alleges that Favre sexually harassed the plaintiffs by sending two ...

Posted in Estate Planning

Note: This is an update to an earlier post available here >> In December, President Obama signed into law the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010. The Act includes significant changes to the federal gift tax, estate tax and generation skipping tax discussed below. Be aware that the Act’s provisions are temporary, and apply only during 2011 ...

Posted in Litigation

Effective January 1, 2011, the United States District Court for the Southern District of Indiana adopted multiple substantive amendments to the Court’s local rules.  These amendments are summarized as follows:

S.D. Ind. L.R. 23.1 – Designation of “Class Action” in the Caption.

Former subsection (b) of this local rule has been deleted, removing the requirement that a party ...

Posted in Litigation

In 2010, the Indiana Supreme Court entered orders amending various Indiana Trial Rules.  Many of those amendments became effective January 1, 2011.  While some amendments amount to little more than grammar clarification or capitalization of particular words, certain amendments bear highlighting.  These notable examples are summarized below:

Trial Rule 9.2.  Pleading and proof of ...

There is more and more buzz growing in the legal industry these days surrounding a new variation on an established type of business structure, which is referred to as the “series” LLC. Essentially, the series LLC operates as an umbrella entity that has the ability to partition its assets and liabilities among various “series” within the same LLC.  Its main advantages are reduced ...

Nonprofits play a vital role in our lives.  Children attend nonprofit schools and colleges.  People worship at nonprofit churches, synagogues and mosques.  The ill and injured receive medical care from nonprofit hospitals.  Those in need get assistance, often in the form of social services, from nonprofit charities including homeless shelters and counseling.  There are many other examples.

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