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Posts from September 2013.
Posted in General

In 1996, the U.S. Congress enacted the federal Defense of Marriage Act (also referred to as DOMA). Section 3 of DOMA defined marriage as “only a legal union between one man and one woman as husband and wife and word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife…” Further, Section 2 of DOMA authorized each state to deny marriage and similar marriage-type relationships for same-sex couples, regardless of whether they were legally performed in another state or country.

Posted in Tax and Finance

In Dep’t of Revenue v. Bavarian Trucking Co., Inc., the Kentucky Court of Appeals reversed the decisions of the circuit court and the Kentucky Board of Tax Appeals and held that equipment used in collecting methane gas generated by landfill waste which is later burned to generate electricity is not eligible for the recycling or composting equipment tax credit under the Kentucky Revised Statutes.

Posted in General

The Indiana Association of Plumbing-Heating-Cooling Contractors awarded Bingham Greenebaum Doll LLP with the Indiana PHCC Advocate of the Year honor at their annual convention on Sept. 13 held at the Omni Severin Hotel. The Indiana PHCC Advocate Award recognizes an individual or company who has made a contribution to promote, improve, maintain and enhance the professionalism of the plumbing-heating-cooling contractor. This person or company is not necessarily in the industry, but recognizes the valuable contribution of licensed professional contractors in safeguarding the life, health and public welfare of Indiana’s citizens.

Posted in Litigation

Lawyers are taught to be zealous advocates for the interests of their clients. There are, however, limits on the level of advocacy that is acceptable. For example, the Indiana Supreme Court recently suspended an attorney from the practice of law for 30 days for overstepping those boundaries.

In the case, the respondent represented a father in a dissolution action where the father’s ...

The United States Supreme Court will hear oral arguments on Dec. 10, 2013, concerning the lawsuit that vacated the EPA’s Cross-State Air Pollution Rule (CSAPR or Transport Rule). In August 2012, the United States Court of Appeals for the District of Columbia Circuit vacated CSAPR and remanded the rule to the EPA in EME Homer City Generation L.P. v Environmental Protection Agency, et ...

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 ...

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 ...

Indiana’s right-to-work law – prohibiting employers from terminating the employment of bargaining unit members who refuse to pay union dues – was dealt a minor setback yesterday. Lake County Judge John Sedia ruled the law violates the state constitution. Specifically, Judge Sedia ruled that the law requires unions to represent non-dues-paying employees and, thus, violates ...

As first appeared in Bloomberg BNA.

Recently, Bingham Greenebaum Doll LLP attorney Amy Berge authored an article for Business First on the topic of trademarks. The article provides a brief overview of trademark law and highlights common pitfalls and practical tips for approaching the use of trademarks, including:

Posted in Tax and Finance

Same-sex couples, legally married in any jurisdiction that recognizes their marriage, will no longer be left in the dark concerning how the Federal government taxing authorities will treat them following the Windsor decision.  On August 29, 2013, the U.S. Department of Treasury and Internal Revenue Service (IRS) announced that legally-married, same-sex couples will be treated as ...

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