Insights

Breaking news, legislative updates, court decisions, astute observations, helpful tips, and friendly reminders.
The 7th Circuit Court of Appeals, which includes Indiana, recently ruled that a purchaser of a retail auto parts business was a “successor employer” of the previous owner and, as a result, was required to make higher unemployment benefit contributions (See D & D NAPA, Inc. v. Unemployment Insurance Appeals of the Indiana Dept. of...
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Recent cases in Illinois and Alabama involving controversial displays and leaflets help illustrate the guidelines public universities must follow when dealing with the expressive activities of students and visitors. In general, a university that permits students and outside visitors access to a portion of the university’s facilities to pass out literature, display posters or otherwise...
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When purchasing a business, buyers often prefer that the transaction be structured as an asset purchase rather than a stock purchase. In a stock purchase, the buyer purchases the target company as an entity, and therefore assumes the seller’s liabilities, since the company being acquired retains all of its liabilities as a matter of law....
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Congratulations to Mike Schopmeyer, a Kahn, Dees, Donovan & Kahn co-managing partner, on receiving the 2015 Richard A. Schlottman Business Person of the Year Award from the Southwest Indiana Chamber! This award is given annual to recognize a business person who serves our region by promoting and protecting business in reflection of the Southwest Indiana Chamber...
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Buying a home is a huge decision – and a major investment.  “Back in the day,” a couple would only purchase a home after getting legally married, and their joint ownership of the property was relatively clear cut from a legal perspective. These days, a growing number of home-buying couples are unmarried.  It is important...
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In a much anticipated decision issued on August 27, 2015, the National Labor Relations Board (“NLRB” or “the Board”) set forth its new and much more inclusive test for determining joint employer status (BFI Newby Island Recyclery, 362 NLRB No. 186). As a result, many employers may find themselves in an employment relationship for National Labor...
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When purchasing a business, buyers often prefer that the transaction be structured as an asset purchase rather than a stock purchase. In a stock purchase, the buyer purchases the target company as an entity, and therefore assumes the seller’s liabilities, since the company being acquired retains all of its liabilities as a matter of law....
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On Monday, July 27, 2015, in the case of Tsareff v. ManWeb Services, Inc., the Seventh Circuit Court of Appeals (which includes Indiana and Illinois) ruled that an engineering and construction company that entered into an agreement to purchase the assets of another contractor (that was a party to a collective bargaining agreement) may be liable...
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In a surprise decision, the National Labor Relations Board (“NLRB” or “Board”) has declined to assert jurisdiction over the representation petition filed by the Northwestern University football players. This means that the petition will be dismissed without the Board making a decision on whether or not the scholarship athletes are statutory “employees.” In March of...
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