Business Law

Staples, Office Depot scrap merger after judge blocks deal

May 11, 2016
 Associated Press
Staples and Office Depot said Tuesday they are scrapping their planned $6.3 billion merger after a federal judge blocked the deal, saying the government had made the case that the combination would likely hurt competition in office supplies.
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Wal-Mart sues Visa over chip-enabled debit cards

May 11, 2016
 Associated Press
Wal-Mart Stores Inc. has sued Visa Inc., charging that the payment network is not allowing the retail giant to let customers verify chip-enabled debit card transactions with what it believes is a more secure method: personal identification numbers.
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PepsiCo's Quaker sued for not flagging pesticide in oatmeal

May 3, 2016
 Bloomberg News
Consumers in New York, California and Illinois sued PepsiCo Inc.’s Quaker Oats for false advertising, claiming the brand’s signature product contains a possible carcinogen that is not listed as an ingredient.
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Making sure compliance is kept

April 20, 2016
Scott Roberts
Barnes & Thornburg LLP has launched a new corporate compliance group aimed at giving clients a “one-stop shop” at the same time the firm and one of its lawyers has received a top assignment from the federal government.
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COA: Statute of limitations prevents business partner’s lawsuit

April 7, 2016
Scott Roberts
The Indiana Court of Appeals upheld summary judgment for a man who left one business partnership and started another and was later sued, ruling the statute of limitations on the disgruntled partner’s lawsuit had expired on both of his claims.
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'Quasi-contract' not enough in fraud suit

March 28, 2016
Scott Roberts
The 7th Circuit Court of Appeals said a “quasi-contract” was not enough to pursue damages in a fraud case where one additive was unknowingly substituted for another.
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Staples judge slams FTC on Amazon testimony in merger case

March 25, 2016
 Bloomberg News
A federal judge criticized the U.S. Federal Trade Commission for attempting to elicit false information from an Amazon.com Inc. executive to support its lawsuit to block Staples Inc.’s takeover of rival Office Depot Inc.
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Vaping firms say industry in peril in state unless lawmakers act

March 2, 2016
Hayleigh Colombo, IBJ Staff
Manufacturers of electronic cigarette liquids that hope to gain a license to continue selling their popular products in Indiana fear their business in the state is at risk of evaporating.
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Dow Chemical settles case citing Supreme Court uncertainty

February 26, 2016
 Associated Press
Dow Chemical says it will pay $835 million to settle a long-standing class action lawsuit, after the death of Justice Antonin Scalia decreased its chances of prevailing at the U.S. Supreme Court.
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No demand futility in Biglari transactions

February 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals has affirmed a decision that a company did not commit demand futility during three transactions in 2013.
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Slave-labor loophole closed by US Senate after 8 decades

February 12, 2016
 Bloomberg News
For 85 years, the U.S. government has turned a blind eye to companies that import goods derived from slavery – so long as domestic production couldn’t meet demand for those goods. That’s about to change.
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Too many toys? Mattel-Hasbro fate rides on antitrust math

February 5, 2016
 Bloomberg News
A proposed merger of Hasbro Inc. and Mattel Inc., an entity that could account for close to half the toys sold in U.S. mass-market outlets, would need to win approval from antitrust officials in Washington who are increasingly saying no to deals marrying the dominant players in an industry.
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Indiana’s 6 commercial courts set to begin June 1

January 21, 2016
IL Staff
Six commercial courts handling specialized dockets of business cases were announced Wednesday in an order of the Indiana Supreme Court.
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Amazon veers into labor law fight-zone for hurried deliveries

January 19, 2016
 Bloomberg News
Amazon.com Inc.’s Uber-esque foray into ultra-fast delivery has landed it in court with drivers claiming they’re being exploited.
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Evans settles federal lawsuit related to AIT labs sale

January 11, 2016
IBJ Staff
A federal lawsuit that accused AIT Laboratories founder Michael Evans of breaching his fiduciary duties by selling the Indianapolis-based company to employees at an inflated price has been settled, the company announced Friday afternoon.
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Mike Oxley, congressman behind anti-fraud law, dies at 71

January 4, 2016
 Bloomberg News
Mike Oxley, the former U.S. congressman who co-sponsored the landmark Sarbanes-Oxley Act requiring corporate executives to vouch for company financials in the wake of the Enron and WorldCom accounting scandals, has died at age 71.
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Shkreli’s lawyer accused of templating sham retrophin share deal

December 18, 2015
 Bloomberg News
A handcuffed Evan Greebel walked out of the FBI’s New York headquarters a few steps ahead of ex-Retrophin Inc. CEO Martin Shkreli, but prosecutors say the men were side- by-side when it came to a multimillion dollar fraud at the company’s expense.
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Justices affirm ruling for school in fired principal’s suit

December 16, 2015
Jennifer Nelson
An elementary school principal whose administrator’s contract was canceled after school officials learned of his affair with a teacher received constitutional due process in his termination proceedings, the Indiana Supreme Court affirmed Tuesday.
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High court: DirectTV can cut off class-action lawsuit

December 14, 2015
 Associated Press
The United States Supreme Court ruled Monday that satellite provider DirecTV can avoid a class-action lawsuit in California over early termination fees and force customers into private arbitration hearings instead.
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More proceedings necessary in mortgage foreclosure action

December 11, 2015
Jennifer Nelson
Because there are genuine issues of material fact as to the fair market value of a property at the time of sale and the true amount of indebtedness on a promissory note, a trial court erred in granting summary judgment in favor a bank on its foreclosure action, the Indiana Court of Appeals ruled Friday.
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Court: It’s risky to take justice into your own hands

December 10, 2015
Jennifer Nelson
Affirming an award of treble damages and remanding for appellate attorney fees, the Indiana Court of Appeals warned in a criminal conversion case Thursday that self-help remedies are perilous and potentially expensive, and it’s best to not take justice into your own hands.
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Company owner personally liable for unpaid phone book ads

December 10, 2015
Jennifer Nelson
Reversing a Hamilton County trial court, an appellate panel found a company owner individually liable and remanded for a determination of damages, interest and attorney fees.
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Indianapolis corporate attorney David Millard dies

December 8, 2015
IL Staff
David B. Millard, a lifetime resident of Indiana who enjoyed working with entrepreneurs, died Dec. 3.
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Michael Jordan, Jewel-Osco reach settlement over use of name

November 23, 2015
 Associated Press
Spokespeople for Michael Jordan and a supermarket chain say there's a settlement regarding the alleged misuse of the basketball star's name.
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House staff told by judge to obey insider probe subpoenas

November 17, 2015
 Bloomberg News
The U.S. House Ways and Means Committee and a former top staff member must obey subpoenas in a Securities and Exchange Commission insider-trading investigation tied to health-care legislation, a federal judge ruled, rejecting their claims of immunity from such an inquiry.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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