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Posts from August 2011.

 

The National Labor Relations Board (“Board”) recently announced a final rule (“Rule”) that will require most private employers to post a notice (“Notice”) that informs employees of their rights under federal labor law.  This posting requirement will become effective on November 14, 2011, and will apply to all private employers who otherwise fall within the Board’s ...

Posted in General

The Internet Corporation for Assigned Names and Numbers (ICANN) recently voted to expand the list of top-level domain (TLD) names to include almost any word in any language. Currently, TLDs are limited to individual countries (.au or .uk) and the 22 generic TLDs (.com or .net). Under the new plan, however, gTLDs can be any combination of letters in any script. While the expansion was aimed at addressing the looming problems that have plagued the current system for the past few years, it also presents significant new challenges.

Posted in Estate Planning

An increasing number of couples are choosing a relatively new, alternative approach to the conflict and animosity that sometimes characterizes traditional divorce litigation. In “collaborative law” (or “collaborative divorce”), the separating couple and their attorneys agree upfront to stay out of court and to resolve their issues through consultation ...

There has been confusion over how to interpret Amazon.com’s recent decision to open a fourth distribution center in Indiana, particularly as it relates to Indiana’s taxation of online purchases. The following are a couple of points to help clear things up:

  1. Amazon.com.indc LLC, a Delaware subsidiary of Amazon.com, Inc. a/k/a Amazon, will be opening the new facility, not Amazon.
Posted in Estate Planning

A wrongful death suit filed by the same-sex partner of a victim of the state fair stage collapse may break legal ground in the treatment of same-sex couples in Indiana. Reuters reported that Tammy VanDam of Wanatah, Ind., 42, was killed by the collapse of the stage after a high blast of wind whipped through the grandstand area just minutes before the country duo Sugarland was scheduled to ...

The U.S. EPA has proposed to exclude carbon dioxide streams captured at coal-fired power plants and other large industrial operations from regulation as hazardous waste under the Resource Conservation and Recovery Act (RCRA). The proposal is based on recommendations made by President Obama’s Interagency Task Force on Carbon Capture and Storage. According to a pre-publication ...

Posted in Estate Planning

Bingham Greenebaum Doll is proud to be a part of the 2011 Integrating Woman Leaders Conference, held on Tuesday, September 13 at Conseco Fieldhouse. The conference will encourage women to enhance their personal and professional leadership goals. Don’t miss this special opportunity to join inspiring leaders and attendees from around the state for this energizing day of skill ...

The Indiana Water Pollution Control Board (WPCB) recently decided, by a split vote, to table the draft Antidegradation Rule proposed by IDEM for preliminary adoption. During the public hearing conducted by the WPCB on the draft rule, fifteen speakers, representing stakeholders from regulated entities, potential regulated entities, and environmental advocacy organizations ...

The American Society for Testing and Materials (ASTM) International recently published a new standard, which provides guidance on complying with the “continuing obligation” requirements that are found in certain statutory defenses to CERCLA liability such as the innocent landowner defense, contiguous property owner defense and the bona fide prospective purchaser ...

The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) will host a Webcast on Wednesday August 24 from 2 p.m. to 3:30 p.m EDT.  The Webcast will highlight EBSA’s Voluntary Fiduciary Correction Program (VFCP).  The VFCP is designed to help plan sponsors self-correct violations of the Employee Retirement Income Security Act (ERISA).  Plan sponsors who use ...

Posted in Estate Planning

A recent report published by the National Marriage Project finds that children are now more likely to have unmarried cohabitating parents than divorced parents. This finding is consistent with growing findings that more and more couples in the U.S. are cohabitating rather than marrying. This trend presents significant challenges in the judicial system. In Indiana, as is true with ...

On July 6, 2011 the U.S. EPA finalized the Cross-State Air Pollution Rule (CSAPR). The rule addresses the “good neighbor” provision of the Clean Air Act (CAA) which generally requires that State Implementation Plans contain adequate provisions prohibiting any source within the state from emitting any air pollutant in amounts which will contribute significantly to ...

Posted in Litigation

On Monday, August 15, the Indianapolis City County Council passed an ordinance requiring ticket scalpers to obtain a license from the city to sell tickets within one mile of an event.  While this may make it more difficult for event-goers to find tickets, the ordinance is aimed at preventing consumer fraud when scalpers sell fake or counterfeit tickets.

While the ordinance is required by ...

The U.S. Court of Appeals for the Sixth Circuit recently ruled that an insurance company does not violate its fiduciary obligations under ERISA by taking its own business interests into account when negotiating and setting reimbursement rates with health care providers, even if those decisions have an adverse effect on ERISA plan participants.  DeLuca v. Blue Cross and Blue Shield of ...

Today, the Eleventh Circuit Court of Appeals has ruled that a provision of the Patient Protection and Affordable Care Act (“ACA”), the Obama administration’s health care reform bill, requiring all individuals to purchase at least a minimum amount of health insurance by 2014, is unconstitutional.  This decision is in conflict with the June 29, 2011 decision of the Sixth Circuit ...

The U.S. EPA recently announced a series of four proposed air emissions regulations for the oil and natural gas industry. The proposal includes:

  • a new source performance standard for volatile organic compounds (VOC); 
  • a new source performance standard for sulfur dioxide (SO2);
  • an air toxics standard for oil and natural gas production; and
  • an air toxics standard for natural gas ...
Posted in Government

The Indiana Court of Appeals recently found that a lawsuit by property owners against a utility does not constitute a “public lawsuit.” This distinction is important because a public lawsuit requires that a bond be posted.  In Buse v. Luce Twp. Regional Sewer District, issued August 9, 2011, the property owners can proceed with their lawsuit against a regional sewer district ...

Posted in Government

A newly created legislative study committee focused exclusively on charity gaming issues is expected to begin public hearings in the coming weeks.  Within the last twenty-four hours the names of all thirteen members of the committee have been made public and a schedule and agenda for an initial meeting are expected to be released soon.  The study committee is charged with analyzing ...

Posted in Litigation

Bingham Greenebaum Doll attorney Alex Gude and James J. Bell recently authored an article for The Indiana Lawyer on a new law resulting from the latest Indiana General Assembly session that could help non-violent offenders shield some of their conviction records from the public and potential employers. A preview is below. Visit The Indiana Lawyer website for the full article.

Posted in Government

On July 22, 2011, Dr. Tony Bennett, Indiana Superintendent of Public Instruction, announced that seven schools are eligible for state intervention due to chronic underperformance.  Six of those schools are located in Indianapolis and the other school is located in Gary.  Public Law 221, passed by the Indiana General Assembly in 1999, led to the creation of a system that requires state ...

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 the end of the NFL lockout, a title sponsor for the Brickyard 400, the Pete Dye golf trail and the summer study committee at the Indiana ...

Every company that operates in multiple states has the potential to have nexus issues in each state in which it is not filing an income tax return. 

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