Insights

The NLRB continues to be very active in evaluating employee handbook provisions that may impact the rights of union and non-union employees to engage in protected, concerted activity under Section 7 of the NLRA. A three member panel recently issued its decision in DirectTV U.S. DirecTV Holdings LLC and struck down several of the company’s...Read More

[vc_row][vc_column][vc_column_text]Kahn, Dees, Donovan & Kahn, LLP (KDDK), an experienced full-service civil law firm, is pleased to announce that members of the firm have been recognized for outstanding legal representation in the 2013 edition of Indiana Super Lawyers Magazine. According to www.SuperLawyers.com, the objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that...Read More

Often overlooked, commercial real estate tenants, like buyers, should undertake environmental assessments before entering leases. Tenants are title holders just like buyers. Thus, they face succumbing to potentially expensive clean-up liabilities far exceeding a real estate tract or lease’s value.  Skipping this pre-lease process can be disastrous. With so many landlords having financially failed over...Read More

Under the Fair Credit Reporting Act (FCRA), effective January 1, 2013, employers are now required to use new forms as part of their background check process.  These form changes are the result of a shift in interpretation responsibility from the Federal Trade Commission (FTC) to the newly created Consumer Financial Protection Bureau (CFPB).  The primary...Read More

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