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Posts from June 2011.

In Goodyear Dunlop Tires Operations, S.A. v. Brown, a unanimous Court held that three foreign subsidiaries (“Subsidiaries”) of Goodyear USA could not be sued in North Carolina for a wrongful death claim that occurred outside of North Carolina. The plaintiffs alleged that a defective tire manufactured by the Subsidiaries caused a bus accident in France which killed their son. The ...

The U.S. EPA and the U.S. Army Corps of Engineers recently released a joint draft to provide guidance on waters covered by the Clean Water Act. “Draft Guidance on Identifying Waters Protected by the Clean Water Act” is an attempt to clarify jurisdiction. The EPA is seeking comments on the joint draft, which would put the following waters under the jurisdiction of the Clean Water Act:

    Changes to the U.S. patent system may be coming in the form of the America Invests Act, which the U.S. House of Representatives passed on June 23. The Act, H.R. 1249, is similar to a bill passed by the Senate last spring, and will alter the way the United States treats its inventors. The America Invests Act moves the U.S. from a “first-to-invent” system to a “first-to-file” system ...

    Posted in Government

    Bingham Greenebaum Doll Managing Partner Toby McClamroch is visiting China as part of the trade delegation led by the Indiana Economic Development Corporation. He will share his insights throughout the mission on the Bingham Greenebaum Doll blog.

    Two recent projects highlight the challenges state permitting agencies face in applying U.S. EPA’s Best Available Control Technology (BACT) to greenhouse gas (GHG) emissions.

    Posted in Government

    Bingham Greenebaum Doll Managing Partner Toby McClamroch is visiting China as part of the trade delegation led by the Indiana Economic Development Corporation. He will share his insights throughout the mission on the Bingham Greenebaum Doll blog.

    Posted in Government

    Bingham Greenebaum Doll Managing Partner Toby McClamroch is visiting China as part of the trade delegation led by the Indiana Economic Development Corporation. He will share his insights throughout the mission on the Bingham Greenebaum Doll blog.

    U.S. EPA is seeking comments on the use of diesel fuel in hydraulic fracturing, or “fracking.” The EPA is developing guidance on diesel fracking under the requirements of the Safe Drinking Water Act. Fracking is a technique used to economically extract natural gas from low permeability deposits such as shale. Fracking involves pumping large quantities of water mixed with sand or ...

    On June 20, 2011, the U.S. Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, a class action case which Wal-Mart Stores, Inc. (Wal-Mart) fought for 10 years against approximately 1.5 million past and present female employees nationwide (the “Class”). The Class alleged that Wal-Mart’s female employees received less pay and fewer promotions than their male counterparts. The trouble for the Class, however, was in sufficiently identifying a common, unlawful cause for the pay and promotion disparities.

    This past Friday, Conexus and the IBJ presented the manufacturing and logistics report for our state. Michael Hicks, Director of Ball State University’s Bureau of Business Research, gave us the details and the message was a combination of the very good coupled with a caution for the future in one category of performance. The positives focus on Indiana’s market share and growth in both the manufacturing and logistics industries: “Indiana continues to have the largest share of income from manufacturing in the nation” and “Indiana’s logistics sector has growth in both strength and scope.”

    Posted in Litigation

    What is it about commercials that draws customers into the stores?  Will hearing a Beatles tune in the background of a commercial for appliances make you more likely to buy appliances from that store?  HHGregg hopes so!  Last month, HHGregg launched a national advertising campaign using the Beatles song “Help!” as a marketing tool designed to inform consumers that its salespeople are more knowledgeable and more helpful than those at other appliance stores. 

    Posted in Litigation

    A BGD attorney was recently interviewed for an article in BioPharm Insight on pharmaceutical litigation. The full article is reprinted with permission below.

    Amylin Pharmaceuticals files against Eli Lilly

    By Sasha B. Coffiner Amylin

    Pharmaceuticals (NASDAQ:AMLN) recently-filed litigation against its diabetes commercial partner Eli Lilly(NYSE:LLY) is likely to be resolved ...

    All tax-exempt organizations regardless of size are required to file an annual information return, generally referred to as the “Form 990,” with the IRS each year. Tax-exempt organizations that fail to file a Form 990 for three consecutive years automatically have their tax-exempt status revoked by the IRS. Recently, the IRS announced that 275,000 tax-exempt organizations in ...

    Posted in Estate Planning

    More than 6,000 Indiana not-for-profits received an unwelcome surprise this week. The IRS revoked their not-for-profit status, claiming that the organizations had not filed their annual tax reports. This means that contributions made by supporters are not tax deductible and that each organization’s income is now taxable. 

    If you serve on the board of a not-for-profit, it might be a ...

    I recently authored an article on the 2010 ADA Standards for Accessible Design for ACTIONLINES Magazine, a publication of  the Indiana Association of Cities and Towns.

    Posted in Real Estate

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

    The presentation, “Seeing RED and Feeling Good About It?  Planning for Retirement, Education and Disability,” will be presented by Nancy Pitt, J.D., from Financial Partners Group.  A ...

    On June 21, 2011, the National Labor Relations Board (Board) announced plans for new rules that would substantially assist union organization efforts. The Board’s majority claimed that the new rules are necessary to “remove unnecessary barriers to the fair and expeditious resolution of [elections and other representation issues].” Many commentators, however, believe ...

    Indiana businesses looking for capital may want to consider pursuing Chinese investors. In 2010, Chinese firms invested more than $5 billion in the U.S. Over the next decade, Chinese investors are expected to provide as much as $2 trillion in foreign direct investment. According to a recent Asia Society special report, a number of factors, including exchange rate appreciation and ...

    Congratulations to Bingham Greenebaum Doll attorneys Meg Christensen and Doug Gallagher, who both graduated from the Indianapolis Bar Association’s Class VIII Bar Leader Series on May 17.

    As first appeared in the IACT ACTIONLINES Magazine

    The Department of Justice published revised regulations for Title II and III of the Americans with Disabilities Act of 1990 on September 15, 2010. The 2010 Standards set minimum requirements for newly designed and constructed or altered State and local government facilities, including, among many other things, public swimming pools, which begin construction or are altered after March 12, 2012. With the summer pool season upon us, it is a good time to review and plan ahead for any new construction or planned alteration to public swimming pools.

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