Insights

A three-member panel of the District of Columbia Court of Appeals has ruled that President Obama’s three recess appointments to the National Labor Relations Board were unconstitutional. On January 4, 2012, the President appointed the three members, purportedly pursuant to the Recess Appointments Clause of the Constitution, which allows the President to make such appointments...Read More

Most restaurant owners have, at one time or another, witnessed a fight at their establishment.  But did you know that given the current state of Indiana case law, you may be held jointly liable for injuries sustained in a fight, and you may not have coverage from your insurer for such liability.  Ultimately you may...Read More

If you are serving a nonprofit organization or coaching a youth sport, it is important to understand the limitations and coverage of the organization’s insurance policy to protect yourself and others.  As this following case demonstrates, it is vital to make sure the insurance coverage and the business purpose enumerated in organizational documents, bylaws and...Read More

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