Last updated in 2005, the ASTM E 1527 Standard for Phase I Environmental Site Assessment (“ESA”) is due for renewal under the eight-year ASTM cycle, and is on schedule to be finalized in the next few months. The new ASTM E 1527 Standard is said to better correlate with the EPA’s All Appropriate Inquiry Rule published...Read More

Trade secrets are important and valuable assets of a business operation. In Indiana, trade secrets are protected by the Uniform Trade Secrets Act pursuant to Indiana Code § 24-2-3-2, et seq. Trade secrets are generally defined as information that derives its independent economic value from being generally not known or readily ascertainable, and reasonable efforts...Read More

Indiana insureds seeking coverage for environmental claims have long been the beneficiary of court decisions favoring the insured by holding that pollution exclusions are unenforceable in the State of Indiana.  In the March 2012 State Auto. Mut. Ins. Co. v. Flexdar, Inc., 2012 Ind. LEXIS 47 (Ind. 2012) decision, the Indiana Supreme Court, applying a...Read More