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Posts from May 2012.

During the recently concluded 2012 Regular Session, the Kentucky General Assembly passed House Bill 499, which created a tax amnesty program. The program could present taxpayers with a variety of benefits, but certain qualifications must be met in order to participate. What do you need to know about the program’s potential impact on you or your business?

Posted in Womens Forum

Each spring, The Indiana Lawyer conducts a statewide search for inspiring leaders who double as Hoosier attorneys. Here at Bingham Greenebaum Doll LLP, we don’t have to look very hard to find people who fit that bill! 

The U.S. Citizenship and Immigration Services (USCIS) will launch the initial release of its new electronic immigration system on Tuesday May 22, 2012.

In case you missed it, Bingham Greenebaum Doll LLP attorney Kate Erdel authored an article for the Indiana Plumbing-Heating-Cooling Contractors Association Newsletter last week discussing important questions employers should consider when differentiating an independent contractor from an employee. The article lays out the questions to ask when classifying employees, known as the common law test. A preview of the article is below.  To find out more information on what you should ask, visit the Indiana PHCC Association website for the full article.

On May 14,2012, seven Bingham Greenebaum Doll LLP attorneys formed a team to participate in the Central Indiana Service Challenge. Attorney Mike Davis, a member of the Bingham Greenebaum Doll LLP service team, heard about the service challenge through the nonprofit, Companies with a Mission (CWAM).  Davis had served as a Concord Community Development Corporation Board Member, coordinated the team of hardworking attorneys and decided to help re-roof the preschool modular at the Concord Neighborhood Center in Indianapolis.

Congratulations to Bingham Greenebaum Doll Attorney Bill Kaiser, who was recently recognized as a Positive Success at the Academic Awards Banquet at Jasper High School on Friday, April 20. The Positive Success recognition honors Jasper High School alumni for their successes in their chosen endeavors. We’re pleased to see Bill recognized for his success and thank him for his service to the firm.

Employer groups scored another last-minute victory Monday afternoon when a federal district court struck down the National Labor Relations Board’s new election rules. The election rules, which became effective on April 30, 2012, would have significantly impaired employers’ ability to contest union organizing campaigns and lawfully inform employees of the drawbacks of ...

In a case of first impression for the Seventh Circuit Court of Appeals, the Court ruled that pharmaceutical sales representatives from Eli Lilly & Co. and Abbott Laboratories were properly classified as exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) under the administrative exemption.  In reaching its decision, the Seventh Circuit combined two cases ...

City smoking ban passed on the heels of Indiana’s first statewide ban

Several days ago, I blogged about the statewide smoking ban that will impact many Indiana employers starting on July 1, 2012. The statewide ban, which I believe is a big step toward better health and cleaner air for all Hoosiers and visitors to our great state, prohibits smoking in most places of employment, including restaurants that serve or employ individuals under the age of 21.

In Mitchell vs. University of Kentucky, the Kentucky Supreme Court recently held that the University of Kentucky’s termination of an employee for keeping a firearm in his vehicle was contrary to fundamental and well-defined public policy. The decision reversed the lower courts’ rulings and allowed Mitchell to pursue his civil claim for wrongful termination in circuit court.

If you are an entrepreneur, you’ve probably been hearing a lot about crowdfunding lately. 

That is because the recently enacted Jumpstart Our Business Startups (JOBS) Act included a crowdfunding exemption that enables startups to sell up to $1 million of securities over a 12-month period without registering the securities with the SEC, provided that certain requirements are met.  

Posted in Government

It’s no secret these days that the cost of gas is on the rise. Paying at the pump can really cause a commuter to burn through funds. However, several Bingham Greenebaum Doll LLP attorneys have made a common practice of getting to work without paying a dime for gasoline, all while reducing their carbon footprint and getting exercise in the process.

Bingham Greenebaum Doll is proud to congratulate PatentStatus for winning the 2012 Startup America competition held in Indianapolis for Super Bowl XLVI. PatentStatus was one startup among five other competitors vying for the grand prize, tickets to the big game, and more importantly, press coverage and meetings with major influencers and potential clients. Partner Dan Boots assisted PatentStatus through the legal issues of offering online services and streamlining the process, as well as securing a beta test site for its product. 

Posted in Litigation

Bingham Greenebaum Doll LLP attorney Alex Gude and James J. Bell recently authored an article for The Indiana Lawyer on a new U.S. Supreme Court case that may create advisements for defendants who wish to take cases to trial and may make courts an unwilling witness to plea negotiations. The article lays out the details of Missouri v. Frye, highlighting the requirement that an attorney promptly communicate the status of an offer to a client – and what could now happen when this requirement is not fulfilled. A preview of the article is below. Visit The Indiana Lawyer website for the full article.

Indiana’s first statewide smoking ban takes effect July 1 After years (five to be exact) of failed attempts to enact a ban on smoking in all workplaces, the bill known as the Smoke Free Air Law recently became the first statewide smoking ban in Indiana. Effective July 1, 2012, the new law prohibits smoking in most Indiana workplaces. Indiana (finally, if you ask me) joins 26 other states, including neighbors Ohio, Michigan and Illinois, in enacting similar statewide bans.

The Startup America Partnership, a federal public-private partnership with a goal of bringing together entrepreneurs, funders, and other service providers to provide resources to early stage companies and help them succeed recently launched Startup Indiana.  As a regional affiliate, Startup Indiana will have the same focus and serve the same purpose as the Startup America ...

Posted in Litigation

In case you missed it, Bingham Greenebaum Doll LLP attorneys Meg Christensen and Bri Clark recently penned an article for the Indiana State Bar Association’s Young Lawyers Section Network Newsletter. In the article, Meg and Bri discuss seven tips that many attorneys learn through their first trial experience.

Posted in Government

Earlier this year, a new law took effect that expanded the Indiana Utility Regulatory Commission’s (IURC) jurisdiction over municipal utilities.

On April 25, 2012, the United States Equal Employment Opportunity Commission (“EEOC”) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended.   This Guidance, which can be found at,  supersedes the EEOC’s two previous Guidances on this subject, issued ...

The Indiana Solid Waste Management Board (SWMB) has preliminarily adopted a pair of rules that require certain biomass and industrial facilities to obtain registrations. 

On April 25, 2012, the Equal Employment Opportunity Commission approved updated enforcement guidance in order to clarify its policy concerning the use of arrest and conviction records in employment. Although the EEOC does not bar the use of criminal background checks, employers may violate Title VII if they intentionally discriminate against individuals with similar criminal ...



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