Insights

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

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...Read More

“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...Read More

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...Read More

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.Read More

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...Read More

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,...Read More