The U.S. Supreme Court recently resolved a lengthy copyright dispute over an iconic image of the musical legend Prince more than 40 years after its original creation.  In 1981, Lynn Goldsmith took a photo of Prince and allowed Vanity Fair to use the photo as an artist reference for illustration. Artist Andy Warhol based a...Read More

As referenced in our prior blogs and seminars, there has been much discussion and litigation involving the scope of the “Water of the United States” definition, and the jurisdictional authority of the federal courts to hear challenges to the definition. Challenges to jurisdictional authority of governmental entities over waterways also exist on the state level...Read More

Social media has become an integral component of our everyday lives, and has exponentially increased our ability to communicate and connect with others, and market our goods and services.  However, the use of social media is not without risks.  Social media posts are more frequently being used to support causes of action in legal claims....Read More

The impact that the Trump administration will have on the various governmental agencies is not yet known. However, the Trump administration will likely reduce the reach of the Environmental Protection Agency (“EPA”) and its regulations based on the promises made and actions undertaken to date. An article in BNA Environment Reporter indicates that the number...Read More

Businesses invest substantial amounts of time and money in developing name recognition and goodwill in their products and services, and protecting the same.  Two Indiana businesses, Family Express Corporation and Square Donuts, Inc., have been embroiled in a dispute for nearly a decade over which entity is entitled to use the term “Square Donuts” in...Read More

A lawsuit that had challenged music publisher Warner/Chappell’s rights in its claims of copyright ownership in the lyrics to “Happy Birthday” has resulted in a settlement that requires Warner/Chappell to reimburse $14 million to licensees for fees that were paid to use the song.  As a result, the “Happy Birthday” song is now in the...Read More

The expanded definition of the “Waters of the United States” (“WOTUS”) as published in the Federal Register June 29, 2015, will become effective on August 28, 2015. Per EPA, this new rule is in response to the Supreme Court opinions regarding Clean Water Act jurisdiction, and is intended to provide clarity as to which waters are...Read More

The Indiana Environmental Legal Action Statute (“ELA”) gives parties the right to bring an action against a person or entity that caused or contributed to a release of hazardous substances or petroleum into the environment. When a landlord and tenant enter into a lease arrangement, environmental due diligence by each party is recommended prior to...Read More

At the end of December 2013, the updated ASTM International Standard for Phase I Environmental Site Assessments, ASTM E1527-13, was incorporated by the EPA into its All Appropriate Inquiries (“AAI”) rule.  Complying with EPA’s AAI rule is critical to one’s ability to assert the innocent landowner defense and/or to establish oneself as bonafide prospective purchaser...Read More

Environmental legislation proposed during the 2014 Indiana Legislative Session was a shot across the bow to Indiana insureds. As originally introduced, HB1241, would have drastically impacted environmental insurance coverage in Indiana for all those holding title to real estate. The proposed legislation was an attempt to enforce the pollution exclusion clauses in Commercial General Liability policies in...Read More