Insights

By Makenzie Mehringer and Jackson Treadway Words must always be chosen carefully during settlement negotiations, as they can be legally binding even when unintended. In Devon Energy Production Company v. Line Finders LLC, the Tenth Circuit Court of Appeals affirmed the enforcement of a settlement agreement based on an attorney’s email to opposing counsel that...Read More

By: Carrie Roelle & Jackson Treadway The National Labor Relations Board (the Board) recently released its decision in McLaren Macomb, 372 NLRB 58 (2023), ruling that employers who include certain provisions in severance agreements unlawfully infringe on employees’ rights that are protected by the National Labor Relations Act (the NLRA). Severance Agreements Prior to the...Read More

The United States Court of Appeals, 7th Circuit, recently decided Frankenmuth Mutual Insurance Company v. Fun F/X II, Inc. and Cao Enterprises II, LLC, permitting an insurance company to deny coverage to a policyholder based on a crucial coverage exclusion in the business owner’s insurance policy contract. The case offers an important reminder to business...Read More

KDDK Partner Steve Hoar represented the Indiana State Bar Association at the recent midyear meeting of the American Bar Association’s House of Delegates in New Orleans.  Actions taken by the House included a resolution urging the U.S. Supreme Court to adopt a binding code of ethics for its justices and a rejection of a proposal...Read More

By Mark McAnulty, Nicholas Golding, and Jackson Treadway On January 10, 2023, the Illinois legislature passed the Paid Leave for All Workers Act. Governor Pritzker has indicated that he will sign the bill into law, which will go into effect in January of 2024. The Act requires nearly all employers to give employees a minimum...Read More

In the seminal case interpreting Indiana’s post-Kelo eminent domain legislation, the Indiana Court of Appeals has ruled in favor of KDDK’s clients, the Guzzo family in Guzzo v. Town of St. John, 2023 Ind. App. Lexis 11 (Jan. 19, 2023). This Court ruled the Guzzo’s were entitled to recover from the condemning Town of St....Read More

On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that, if enacted, would prohibit non-compete clauses in both new and existing employment agreements between all employers and workers in the United States.  The proposed rule would impact approximately 30 million workers already party to a non-compete agreement and would supersede any...Read More

By Mark McAnulty and Jackson Treadway – On January 3, 2023, Congress passed a law that will expand the accommodations employers are required to provide to pregnant workers. Expected to be signed into law soon by President Biden, the Pregnant Workers Fairness Act (the “Act”) will require employers to extend “reasonable accommodations” to pregnant workers...Read More

Just before Christmas, President Biden signed into law an omnibus bill dubbed the “Secure Act 2.0,” which included a workplace retirement access package designed to add new savings plans and reshape some of the rules and restrictions governing most 401(k) plans. Background Congress passed the Secure Act in 2019, which raised the Retired Minimum Distributions...Read More