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Posts from January 2013.
Posted in Womens Forum

Bingham Greenebaum Doll LLP and the Bingham Greenebaum Doll Women’s Forum congratulate partner Margaret E. Keane! Maggie received the Judge Benjamin F. Shobe Civility & Professionalism Award at the Louisville Bar Association’s annual Bench & Bar Dinner on January 24, 2013. The award, which recognizes LBA members “whose lives and careers embody professionalism, civility ...

Posted in Tax and Finance

On Jan. 24, 2013, Japan and the United States signed a new protocol to the income tax treaty between the two nations. This new agreement updates the existing bilateral treaty, formed in 2003, to conform the treaty more closely to the current international tax policies of both Japan and the U.S. These amendments will hopefully provide clarity for international investors and businesses ...

Posted in Tax and Finance

Bingham Greenebaum Doll LLP partner Mark A. Loyd will be speaking as part of an upcoming webinar on March 7, 2013. Loyd will be presenting on IC-DISCs and Compliance Challenges to prepare tax professionals for the tough challenges in taking advantage of the tax benefits of IC-DISC (interest charge-domestic international sales corporation) formation, given the fiscal cliff ...

Posted in Litigation

In an effort to protect the state’s children from online interaction with sexual predators, the Indiana Legislature passed a law that prohibited sex offenders from accessing social networking websites that allow minors to participate, such as Facebook. A Federal appeals court in Chicago has struck down the law as unconstitutional, despite the law’s good intentions.

A ...

On Friday morning, a federal court of appeals revoked the National Labor Relations Board’s authority to act as it is currently comprised and potentially voided every decision the NLRB has issued since early last year. This decision represents a major victory for employers because, unless overturned on appeal, it will effectively cancel several recent pro-union decisions and slow ...

I recently had the opportunity to be featured by IndyStar.com as part of a weekly photo series featuring professionals and their office space. My office happens to be filled with not only my legal work but also with special pieces of artwork I have collected over the years. As part of the feature, I was able to put a story behind some of the pieces displayed in my office.

As my collection of art ...

On January 17, 2013, the U.S. Department of Health and Human Services (“HHS”) issued a long awaited final rule updating the existing Health Insurance Portability and Accountability Act (“HIPAA”) regulations to enhance the protection of patients’ privacy rights and increase the enforcement of privacy and security protections. The final rule modifies the HIPAA Privacy, Security, Breach Notification and Enforcement Rules based on mandates contained in the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act.

Posted in General

Recently, Tobin McClamroch and I were elected to the board of directors of a growing organization that has an inspirational vision for the future of the Indianapolis community. The Village of Merici, a neighborhood in the process of being designed, recognizes the importance of supporting and sustaining purpose-filled lives for adults with developmental disabilities. Founded by a ...

Posted in General

I was proud to serve as the Indianapolis Bar Association representative for the naturalization ceremony held on Jan. 10, 2013. It was a professional honor to be able to congratulate 44 new citizens on behalf of the IBA and Bingham Greenebaum Doll LLP, but it was also a personal honor, as my friend and neighbor Marithe Benavente was one of the citizens participating in this ceremony.

After ...

I am a big fan of the Game of Throne series by George R.R. Martin. In the series, the members of House Stark have a forbidding motto: Winter is Coming. A significant change is coming in the patent world as well, and those not prepared face the risk of being frozen out.

When a patent application is filed, the invention claimed in the application is compared to earlier inventions and activities ...

On Jan. 14, Environmental Protection Agency Administrator Jackson signed a final rule amending the widely-applicable stationary internal combustion engine emission and performance standards set forth in 40 CFR Part 63, Subpart ZZZZ and 40 CFR Part 60, Subparts IIII and JJJJ to provide limited relief from certain requirements applicable to owners and operators facing upcoming ...

Posted in Litigation

The Indiana Supreme Court recently amended the Indiana Parenting Time Guidelines (IPTG). The amendments become effective on March 1, 2013. A complete copy of the amended rules, with redlining showing the changes, can be found here. The revised IPTG apply only to parenting time orders issued after the effective date of March 1, 2013. They will not apply retroactively to old parenting ...

On Jan. 8, 2013, the United States Supreme Court ruled that the flow of polluted water from one portion of a river lined with concrete to another unlined portion of the same river is not a discharge requiring a National Pollutant Discharge Elimination System (NPDES) permit under the Clean Water Act. The 9-0 decision came in L.A. County Flood District. v. NRDC and reversed the U.S. Court of ...

The National Labor Relations Board continues to make it more difficult for union employers to prevent workplace misconduct. In a recent decision, the NLRB overturned established law and held that that the National Labor Relations Act no longer categorically prevents union employers from having to disclose employees’ confidential witness statements. Although this decision ...

Posted in General

In a recent Bloomberg article, Bingham Greenebaum Doll LLP partner Chip Bowles shared his thoughts on Lehman Brothers Holdings Inc., and their order to block government taxes on deals. Lehman, once the fourth-largest investment bank, is still in the process of liquidation following the biggest bankruptcy in U.S. history.

Now, Lehman has asked a judge to sign an order blocking ...

Posted in Estate Planning

I recently had the opportunity to give a presentation regarding premarital agreements as part of a Continuing Legal Education seminar for Indianapolis Bar Association. Alongside co-presenter Marvin H. Mitchell, a partner with Mitchell Dick Hurst & McNelis LLC, I was able to discuss the importance of drafting effective premarital agreements and the issues that sometimes can occur ...

Posted in Tax and Finance
Posted in General

While it may seem a strange analogy, trademarks are a little bit like shoes.  The trademark—and the brand strategy behind the trademark – serves as an important part of the foundation on which the company stands.  And with trademarks, like shoes, you often get what you pay for. 

On several occasions, I have bought a cheap pair of shoes because I thought they were a great bargain ...

Posted in General

In a current case in Kansas, a man is being sued by the state for the support of a child that was the result of a sperm donation he made in 2009 to a lesbian couple wanting to conceive. Under Kansas law, a sperm donor is not legally the “father” of a child if the artificial insemination is handled by a doctor, but the law is unclear in cases – such as this one – where no doctor was involved.

In its decision on Sept. 25, 2012, in SaddleSprings Inc. v. Mad Croc Brands, Inc., the Trademark Trial and Appeal Board (correctly) determined that an international trademark registration which served as extended protection in the United States under the Madrid Protocol Implementation Act of 2002 may be the subject of a cancellation proceeding regardless of whether the underlying international registration remains valid and subsisting. The decision resolves a perceived conflict between two provisions of the Trademark Act.

The Equal Employment Opportunity Commission recently published a guidance for employers to explain how the federal anti-discrimination laws may apply to job applicants and employees who have experienced domestic violence. Focusing on Title VII of the Civil Rights Act and the Americans with Disabilities Act, the EEOC recognizes in the guidance that neither of these laws expressly ...

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