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Posts from June 2013.
Posted in General

In separate opinions issued this morning, the U.S. Supreme Court ruled on two long-awaited same-sex marriage cases. The two holdings can be synthesized in their significance as follows: the Supreme Court declined an opportunity to broadly hold that same-sex couples have a fundamental, constitutional right to marry; instead, the Court ruled that states are free to determine this ...

Posted in Litigation

When Marvin Peugh was sentenced for his part in two bank fraud schemes, he argued that under the Federal Sentencing Guidelines in effect at the time of the crime, the proper sentence was no more than 30 to 37 months in prison. The District Court, however, imposed a sentence of 70 months, the recommended sentence under the Federal Sentencing Guidelines in effect at the time of sentencing.

Posted in Womens Forum

Back in April, the Bingham Greenebaum Doll LLP Women’s Forum stocked and decorated an apartment for a family in need at Coburn Place Safe Haven in Indianapolis. After securing more than $1,000 in donations for the apartment and spending an afternoon working to prepare the new home, a handful of Women’s Forum members created a video and answers to three essay questions about the ...

Posted in Real Estate

Bingham Greenebaum Doll LLP was recently hired to assist Cardinal Golf, LLC in the sale of Prairie View Golf Club in Carmel, Ind. Cardinal Golf is majority-owned by the Ackerman family. The family-owned, award-winning Prairie View Golf Club had earned a wonderful brand and reputation in the golfing community for its teaching professionals, training academy, dining and banquet ...

Does your industry or business establishment include an emergency generator, fire pump, or any other process equipment, compressor or machinery driven by a stationary reciprocating internal combustion engine? The answer is likely “yes.” If so, beginning this year, absent an exemption, you are required to comply with broad, newly-applicable Environmental Protection Agency ...

On behalf of Bingham Greenebaum Doll, I want to congratulate Stratosphere Quality and its management team for being recognized by the Indianapolis Business Journal as one of “The 9 Fastest-Growing Firms in Indiana.”  Stratosphere Quality was ranked as number five on the list of companies making impressive strides.

Stratosphere Quality provides sorting and inspection services ...

Almost everyone has been on the receiving end of an unsolicited telemarketing call — usually in the middle of eating dinner. In recent years, companies have also been using text message campaigns to direct their efforts toward the 91 percent of adult Americans who own cellphones. While most individuals would probably not think to sue the person or company behind the call or text for the momentary interruption, violations of the Telephone Consumer Protection Act (also known as the TCPA) have recently become the en vogue legal claim due to the TCPA’s imposition of automatic statutory damages for each call, text or fax found to violate the statute. The recent upswing in TCPA claims has made for some costly marketing efforts for an increasing list of businesses.

A recent Supreme Court opinion clarifies the patentability of genetic material. In the case of Association for Molecular Pathology et al. v. Myriad Genetics, Inc., et al., the Supreme Court unanimously held, on June 13, 2013, that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated. However, man-made complementary DNA ...

Many brand owners dream of being able to eradicate lots of infringement activity in one fell swoop. Rather than expending the time, resources and effort to track down every one-off counterfeiter, a recent Sixth Circuit decision demonstrates that it is possible for brand owners to focus their energy on a single source of infringement to effectively eradicate a number of violators all at once. The case that led to this decision lays out two key steps trademark owners can take to eradicate flea market counterfeiting.

In its most recent Batman production, "The Dark Knight Rises," Warner Bros. makes several references to a fictional software program informally known as “clean slate,” created by the fictional company Rykin Data. Specifically, movie character Selina Kyle (a.k.a. Catwoman) attempts to obtain the “clean slate” software program in her efforts to erase her criminal history from computer databases worldwide. Warner Bros. created websites (e.g., www.rykindata.com) to promote the film and for fan use which also references the imaginary “clean slate” software program.

As discussed in a previous post, former Rep. Ron Paul undertook formal legal action with the World Intellectual Property Organization (WIPO) earlier this year to recover the online properties of www.ronpaul.com and www.ronpaul.org from his fans. To succeed, the congressman had to prove:

Posted in Litigation

The Fifth Circuit recently held that discrimination against a woman who is lactating or expressing breast milk constitutes a violation of Title VII and the Pregnancy Discrimination Act (PDA). The court found that lactation is a medical condition related to pregnancy for purposes of the PDA, and a woman who suffers an adverse employment action as a result of lactation or expressing ...

Posted in General

What if you bought a brand new luxury car – you’ve invested a good bit of money in it, and it’s the car you’ve always wanted.  Would you keep the car if you realized it didn’t have a functioning engine light?  Would you neglect to change the oil or rotate the tires?  Would you leave that “ding” in the car door caused by another car in a grocery store parking lot? 

It’s that time of year again: the time when businesses big and small are flooded with interns, summer help and students on break looking for ways to keep busy and gain “real world” experience. Given the down job market and the especially high unemployment rate among the under-25 crowd (a rate twice that of the rest of the population), many young workers are willing to do just about ...

Posted in Tax and Finance

A recent decision of the United States Court of Appeals for the Federal Circuit exemplifies the continuing lack of clarity regarding what constitutes patent-eligible subject matter.

 

U.S. patent law, specifically 35 U.S.C. § 101, states that a patent may be obtained for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement ...

On June 1, 2013, the Final KPDES General Permit for Stormwater Discharges Associated with Industrial Activity became effective. The prior General Permit expired in 2007. 

Although having a general permit available can ease the permitting burden, the new General KPDES Permit creates significant new recordkeeping and compliance requirements for facilities that must obtain ...

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