Insights

Breaking news, legislative updates, court decisions, astute observations, helpful tips, and friendly reminders.
Southwestern Indiana Builders Association Builders Workshop Tuesday, January 8, 2013 – 2:00 to 5:00 pm  at the Clarion Inn (Hwy 41 and Lynch) Workshop Speakers: Shannon Frank, Kahn Dees Donovan and Kahn – Presenting helpful information on Builder Contracts, Subcontractor Agreements, Warranties, Right to Cure, Quality Assurance Builder Standards. Ben Miller, Evansville Building Commissioner – Presenting...
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Even if an employer has done everything correctly – given ample warnings, progressive discipline – a terminated employee sometimes still files suit.  A recent case illustrates the point.  A grocery clerk was terminated after receiving over a dozen warnings about rudeness to customers, including a “last chance” agreement.  Nevertheless, the terminated clerk sued.  The clerk...
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The Indiana Court of Appeals recently held that a contractor who proposes a goodwill gesture to resolve a dispute with an unsatisfied customer may be bound by such offer and is liable for breach of contract if it fails to follow through to the customer’s satisfaction. In David Vance v. Francisco Lozano, et al., 02A03-1203-SC-142,...
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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...
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Earlier this year, the Indiana Legislature amended and added Section 4 to Indiana Code 32-29-8.  The addition of Section 4 is important to many groups, including banking institutions, purchasers at sheriff sale, and junior lienholders.  It provides these parties a statutory remedy to clear title when a purchaser at sheriff sale and/or plaintiff mortgagee learns...
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In the wake of the recent Presidential election, the focus of many politicians in Washington has turned to the fast-approaching “fiscal cliff,” a combination of federal spending cuts and tax increases designed to combat the growing federal deficit.  While it is still uncertain as to whether Congress will enact subsequent measures to avoid the “fiscal...
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“What’s on your mind?” Now that some 1.01 billion people actively answer this question on not only a daily, but sometimes a number of times a day, basis by posting to their Facebook pages, Facebook has become a treasure trove for discovery of information lawyers may use in court. In fact, it has been suggested...
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The threshold amount for federal estate and gift taxes is scheduled to change beginning January 1, 2013.  Unless Congress enacts further legislation the federal estate and gift tax exemption amount will be reduced to $1,000,000 per person ($2,000,000 for a married couple) from the current 2012 level of $5,120,000 per person ($10,240,000 for a married...
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Partner, Jake Fulcher will be speaking at the Southwestern Indiana Builders Association (SIBA) Membership Meeting on Tuesday, November 13th. Jake will address the Right to Work law.
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