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Posts from February 2011.

The leaking of confidential government and business data to media outlets and onto the Internet has made headlines recently.  If you discover or are notified that confidential information that you possess or license was or may have been acquired by an unauthorized person or possibly left unsecured, would you know how to respond?  At a minimum you will likely be required to make certain ...

I recently had the opportunity to speak at the Martin University event, “The Least Understood Branch.” Martin University hosted the gathering of over 200 judges, attorneys, local residents and students for the Black History Month program, co-sponsored by the Indiana Supreme Court and the American Bar Association. I was privileged to give the presentation on the extraordinary ...

It comes as no shock that as our economy struggles to rebound from recession and a record number of individuals reach retirement age, pension plans are feeling the squeeze.  Public pension plans, in particular, face unprecedented pressures.  Reports of states struggling to fund public pension plans have become commonplace. 

Earlier this year, Bloomberg reported that twenty states ...

Posted in Litigation

A BGD attorney recently authored this article on changing fee agreements for The Indiana Lawyer. A preview is below. Visit The Indiana Lawyer web site for the full article.

It’s a typical case and the potential client and you have agreed to a flat fee of $10,000 for the entire representation. However, as the case trudges through the system, the case requires more work than expected ...

Posted in Estate Planning

I want to share with you an exciting joint project between Bingham Greenebaum Doll LLP and ICLEF. For those of you who do not already know, ICLEF recently overhauled its website (http://www.iclef.org/), providing both new content and a great fresh look. As part of that website makeover, and effective this week, ICLEF will now be publishing on its website the case ...

Did you obtain a utility or plant patent after December 31, 2007?  Are you an individual, corporation domiciled in Indiana with 500 or fewer employees, or a nonprofit organization or nonprofit corporation domiciled in Indiana?  If you answered yes to both of those questions, you may be eligible for an exemption, up to $5 million, from state income taxation this year for certain income ...

Posted in Estate Planning

A trial court’s order providing for an Indiana man to have visitation with his adopted child was ruled to be invalid by the Indiana Court of Appeals because the judge did not grant visitation under Ind. Code § 31-19-16-2, the statute providing exclusive means for birth parent visitation. Finding no way around Indiana statutes and precedent, Judge Crone was compelled to concur, but ...

On January 20, 2011, the D.C. Circuit Court of Appeals rejected the U.S. Environmental Protection Agency’s (EPA) request to extend the court-ordered deadline to issue the final National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters (Boiler MACT) and the New Source Performance Standards for Commercial and Industrial Solid Waste Incineration Units (CISWI NSPS).

Posted in Estate Planning

Taxpayers (individuals and entities) with offshore accounts not previously disclosed to the IRS, and on which taxes have not been paid, have until August 31, 2011, to disclose the accounts to the IRS and avoid jail time. A disclosing taxpayer must pay back taxes and interest as well as monetary penalties, but those penalties are lower than would likely apply if the IRS discovered the accounts on their own or if disclosure is made voluntarily after the August 31 deadline.

Representatives Nunes (R-CA), Issa (R-CA) and Ryan (R-WI) reintroduced The Public Pension Transparency Act in the House of Representatives on February 9th.   

Posted in Litigation

The Consumer Product Safety Commission (CPSC) has issued a stay of enforcement of testing and certification requirements for the total lead content in children’s products until December 31, 2011.  The Consumer Product Safety Improvement Act required affected manufacturers to certify, based on testing, that their products (except for metal components of children’s metal ...

Posted in Estate Planning

Last week, I had the unique opportunity to introduce the internationally renowned artist Walter Knabe to a small group of colleagues and friends.

The U.S. Patent and Trademark Office (PTO) recently started a pilot program that allows certain patent applicants to defer payment of certain government fees up to one year. The deferral is intended to give applicants time to decide whether to commercialize any new technology. Since June 8, 1995, the PTO has allowed an applicant to file “provisional patent applications” to save ...

The Consumer Product Safety Commission has issued of stay of enforcement of testing and certification requirements for the total lead content in children's products until December 31, 2011. The stay does not relieve anyone from complying with the underlying lead content regulations. However, it postpones the requirement to have products certified by an accredited third party ...

The Ticket: President Obama's State of the Union Address, Tuesday, January 25, 2011 The Town:  Washington, D.C. How did I get there?  As a guest of UPS President of the Ohio Valley Region, Mr. Zachary Scott. To sum it up:  What an experience! I’ve been in and around Washington, D.C., for approximately ten years of my life but never had the experience of attending the State of the Union ...

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