In This Issue

DEC. 17-30, 2014
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Indiana Lawyer recently invited Indiana Chief Justice Loretta Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana’s Bankruptcy Court to discuss their career paths as well as the opportunities and challenges today’s courts and lawyers face. State and federal courts are clamping down on confidential filings. A few pluck - and lucky - people have reclaimed and revived famous Hoosier trademarks. Remember Choc-Ola?

Top Stories

The changing face of the judiciary

When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state’s appellate courts were being led by women. Indiana Lawyer recently invited Indiana Chief Justice Loretta Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana’s Bankruptcy Court to discuss their career paths as well as the opportunities and challenges today’s courts and lawyers face.

Death records law causing headache for genealogists

Although the Indiana Supreme Court recently confirmed that death certificates listing the cause of death are public records, the state is continuing to grapple with questions over privacy and online access to the documents.

State and federal courts clamp down on confidential filings

Come Jan. 1, lawyers better make certain they’re on firm ground before asking a judge to file court pleadings under seal. Attorneys also may face new liability if confidential information is mistakenly entered in a public case file. State and federal courts have rewritten rules for when and how court pleadings can be filed out of public view, reaffirming they should be open to inspection with limited exceptions.

Judge holds 2013 abortion law violates Equal Protection Clause

A ruling in federal court has essentially struck down Indiana’s restrictions on drug-induced abortions, but the argument that the law places an undue burden on women caused the court to refrain from making a final judgment.

Conour pursues wire fraud appeal

As ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge moves ahead, so do victim lawsuits that seek to collect damages from colleagues who practiced with him years earlier and from a Conour creditor.

Focus

Lucky, plucky owners reclaim and renew famous Hoosier trademarks

Entrepreneurs enjoying sweet successes and heady times with the resurgence of their retro products took varied paths to claim the rights to bring back brands with deep Hoosier roots. The new owners of Roselyn Bakery, Choc-Ola chocolate drink and Champagne Velvet beer got dormant brands back on store shelves by capitalizing on trademarks that had disappeared from the marketplace but retained a certain cachet.

Frustrations with patent trolls spark push for pest control

Three years after passing the Leahy-Smith America Invents Act which overhauled the U.S. patent system, Congress and state legislatures have been introducing bills that primarily seek to reform the process by clamping down on so-called patent trolls.

White: Say ‘I do’ to IP due diligence in business transactions

Intellectual property is one of the most valuable and important assets of any consumer products, life sciences or technology driven company. Despite the inherent value associated with these intangible assets, IP rights are often overlooked or are only cursorily evaluated when a company is embroiled in a business transaction (such as a merger or an acquisition).

Gallagher: Recent Supreme Court rulings could help end patent trolls

There have been recent efforts in Congress and state legislatures to address the issue of so-called patent trolls, also known as patent assertion entities. This year, at least three of the six patent-related decisions by the Supreme Court of the United States have been widely regarded as impacting PAE activity. Although these decisions are only six months old, they appear to be on a path to help curb these unwanted lawsuits.

Opinion

Dean's Desk: IU McKinney is out in front with experiential learning

Our school is proud to provide students the ability to study at the center of the state’s legal profession, with an array of opportunities to learn both inside and outside the classroom.

Inside the Criminal Case: Grand juries in Indiana shrouded by law

The effectiveness of grand juries has been in the news lately. In one case, a Missouri grand jury failed to indict a police officer in a case involving the death of an unarmed suspect. When inconsistent testimony was raised as a possible justification for this result, many opined that police needed to carry body cameras. However, approximately a week later, a New York grand jury failed to indict another police officer involved in the death of an unarmed suspect where the officer’s interactions with the suspect were caught on a cellphone video. This led lawyers and non-lawyers alike to wonder what happens behind the closed doors of grand juries. This article speaks to how grand juries are used in Indiana.

Federal Bar Update: End-of-year tweaks to federal court rules

John Maley takes a look at rule changes in federal courts and reminds attorneys that the rule on Statement of the Facts has been deleted.

Hammerle On… 'Beyond the Lights,' 'The Homesman,' and 'Horrible Bosses 2'

Bob Hammerle says don't waste your time on "Horrible Bosses 2."

Technology Untangled: Apps for safe travels and finding lost phones

Today we will look at two smartphone applications that could be helpful to you this holiday season.

Special Sections

Indiana Court Decisions - Nov. 24-Dec. 9, 2014

Read recent appellate decisions from Indiana courts.

On The Move

On The Move - 12/17/14

Read who's recently joined a new firm, been elected to a board or honored for their service.

Disciplinary Actions

Disciplinary Actions - 12/17/14

Read who's been publicly reprimanded or suspended by the Indiana Supreme Court.

Bar Associations

DTCI Annual Meeting 2014

Members gathered in French Lick to honor attorneys, attend educational sessions and socialize.

Abrams: A Loss for Civility

Last month, Zeff Weiss, a friend of mine, a friend to his partners, a friend to the Real Estate and Land Use Section, a friend to many, and a father of four and husband of a fellow attorney passed away from a short battle with cancer.

IndyBar Members Show the Spirit of Giving Year-Round

Be it spring, summer, fall or winter, IndyBar members have been hands-on from the start this year.

IndyBar Frontlines - 12/17/14

Read news from around the IndyBar!

Indianapolis Bar Association Remains Optimistic About Justice Center Complex

The following statement was released by the IndyBar following the announcement of the selection of a preferred bidder for the proposed criminal justice complex by Mayor Greg Ballard on Friday, Dec. 12.
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  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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