Insights

Despite the Obama administration’s movement towards immigration reform, more and more employers are being audited to determine if they are employing illegal immigrants.  In 2012, U.S. Immigration and Customs Enforcement (“ICE”) audited the I-9 forms of over 3,000 employers, up from only 250 employers just 5 years ago.  Not only have employer fines increased from...Read More

Non-union employers who have an employee handbook almost universally have a section setting out the employment relationship as being at will (e.g. “You are employed at will and may be terminated at any time with or without notice and reason.”) and a further provision limiting the right to alter this status. (e.g. “Only the president...Read More

Washington has avoided the Fiscal Cliff for the time being with the passing of the American Taxpayer Relief Act (“Act”).  While this Act addresses various tax issues, the below focuses on several key issues of the Act: The top marginal income tax rate will increase from 35% to 39.6% for individuals with taxable income above...Read More

Washington has avoided the fiscal cliff for the time being with the passing of the American Taxpayer Relief Act (“Act”).  The Act addresses several key estate planning issues.  With the passage of the Act, the unified federal estate and gift tax exemption will remain at $5,000,000 per person.  The Act also permanently increased the top...Read More

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...Read More

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...Read More

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,...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

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...Read More