Insights

Breaking news, legislative updates, court decisions, astute observations, helpful tips, and friendly reminders.
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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Indiana law requires – with limited exceptions – that patients who allege medical malpractice file their claims within two years.  Recently, the Indiana Court of Appeals issued an opinion that muddied the waters on this seemingly clear issue.  Columbus Regional Hospital v. Amburgey involved a lawsuit brought against Columbus Regional Hospital and two physicians.  After...
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In 2013, capital gains tax rates are scheduled to increase to 20%, up from the current rate of 15%.  In addition, the so-called “Medicare surtax” of 3.8% will be assessed against net investment income, which will include taxable gains on the sale of “passive” investment real estate.  Due to this anticipated increase in tax rates,...
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Recently, after a complex three-week trial involving more than a dozen different patents, over 30 allegedly infringing devices and wide-ranging claims on utility, design ownership and trade dress, a federal court jury in the lawsuit between Apple and Samsung found mostly in favor of Apple, including awarding Apple just over $1 billion in damages, while...
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The “favored nations” (most favored pricing) clause in supply agreements is employed to contractually bind product suppliers to price reduction adjustments based on the price the products are sold to other customers.  These clauses, sometimes overlooked as harmless, are often hidden in pricing adjustment or other innocuous provisions of a supply agreement. The favored nations...
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The Supreme Court of Ohio unanimously ruled in a recent case that a builder’s duty to construct a home “in a workmanlike manner using ordinary care is a duty imposed by law”, and that the homebuyer’s right to enforce this legal duty cannot be waived by a homebuyer. In the case Jones v. Centex Homes,...
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