Business Law

Lindman: Determining where to incorporate after TC Heartland

June 14, 2017
Recently, the Supreme Court of the United States made the problem of deciding where to incorporate a little more complicated. Sure, your client could still choose Delaware for its well-developed business laws. But how does Delaware stack up in patent litigation?
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Trump administration calls for overhaul of Wall Street rules

June 13, 2017
 Bloomberg News
The Trump administration laid out its highly anticipated plan for overhauling bank rules, calling on the government to ease, though not eliminate, many of the strictures that were imposed on Wall Street after the financial crisis.
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Right of first refusal splits Court of Appeals

May 30, 2017
Marilyn Odendahl
A dispute over contract language divided the Indiana Court of Appeals to the point where judges could not agree whether the case was one of first impression.
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GOP-led House panel votes to overhaul Dodd-Frank

May 5, 2017
 Associated Press
House Republicans took a major step toward their long-promised goal of unwinding the stricter financial rules created after the 2008 crisis, pushing forward sweeping legislation that would undo much of President Barack Obama's landmark banking law.
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Local Roche units sue pharmacies over alleged test-strip scheme

March 31, 2017
John Russell, IBJ Staff
Two Indianapolis-based subsidiaries of Swiss pharmaceutical giant Roche Group are accusing a group of pharmacies and supply houses of engaging in an elaborate scheme to defraud Roche of millions of dollars in sales on diabetes test strips.
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7th Circuit denies Brazilian man’s motion for emergency stay

March 31, 2017
Olivia Covington
The 7th Circuit Court of Appeals has denied a Brazilian businessman’s motion for an emergency stay while a suit against him is pending in Brazil, finding that the man has failed to provide sufficient information to show that the Brazilian and Indiana suits are duplicative.
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COA allows accountant malpractice claim to continue

March 8, 2017
Olivia Covington
The Indiana Court of Appeals has allowed an accountant malpractice claim to continue after holding that the economic loss rule and provisions with a contract do not bar a tort complaint.
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COA reverses summary judgment in third appeal in business case

March 7, 2017
Olivia Covington
In the third appeal regarding alleged business relationships between several men, the Indiana Court of Appeals has reversed summary judgment for the owners of the business in question, holding that there remains a genuine issue of material fact as to whether the other men suffered damages when they were denied ownership interests.
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7th Circuit upholds judgment in favor of nonprofit’s board of directors

February 2, 2017
Olivia Covington
The 7th Circuit Court of Appeals has upheld summary judgment in favor of a sister on the board of directors of a family foundation after finding that her brother lacked standing to bring either individual or derivative claims on behalf of the corporation.
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COA upholds denial of IRA garnishment

January 31, 2017
Olivia Covington
The Elkhart Superior Court was within its discretion when it asserted a garnishment exemption on a debtor’s behalf because there are exceptions that allow a debtor to receive the benefit of an exemption without asserting it, the Indiana Court of Appeals decided Tuesday.
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Lawsuits over Trump business threaten to tie up presidency

January 11, 2017
 Associated Press
As a businessman, Donald Trump has kept the courts busy. That's hardly likely to change when he enters the Oval Office, creating an unusual and potentially serious problem for a sitting president.
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Trump to step down from business; will not divest ownership

January 11, 2017
 Bloomberg News
President-elect Donald Trump will leave his positions at the various companies of the Trump Organization, but he will not divest his ownership, said an attorney familiar with efforts to address his potential conflicts of interest.
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Some Indiana employers abiding by overtime rule, even though it's in limbo

December 6, 2016
Hayleigh Colombo, IBJ Staff
The Obama administration’s new overtime rule is held up in federal court, but that hasn't stopped some Indiana employers from instituting changes to comply with the law.
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Interactive investor files class-action suit against $1.4B sale

October 11, 2016
Jared Council
An Interactive Intelligence Inc. shareholder has sued the Indianapolis-based company and its board members over the firm's forthcoming $1.4 billion sale to another company, claiming that Interactive's value far exceeds the price and that the deal precluded competing offers.
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Court: Menard founder doesn't owe ex-fiancee ownership share

September 21, 2016
 Associated Press, IBJ Staff
The founder of the Menards building supply chain doesn't have to give his ex-fiancee ownership interest in the company, an appeals court ruled Tuesday.
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Judge blocks release of Trump's video testimony

August 3, 2016
 Associated Press
A federal judge who has been a target of Donald Trump's repeated scorn on Tuesday denied a media request to release videos of the Republican presidential candidate testifying in a lawsuit about the now-defunct Trump University — images that Trump's attorneys had argued would have been used to tarnish the campaign.
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Treasury corporate-debt rules exceed authority, tax lawyers say

July 15, 2016
 Bloomberg News
The U.S. Treasury Department exceeded its authority by proposing wide-ranging regulations intended to curb corporations’ ability to shift their American earnings overseas, tax lawyers told agency officials during a hearing.
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Wells Fargo’s partial tax victory may spur billions in refunds

July 6, 2016
 Bloomberg News
Wells Fargo & Co. got less than it wanted in a federal tax-refund lawsuit, yet the bank’s partial victory may spur billions of dollars in similar refund claims from companies that have done repeated mergers and acquisitions, tax lawyers say.
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Judge declines to dismiss $6.5M Andy Mohr jury award

June 2, 2016
IBJ Staff
A federal judge in Indianapolis has refused to dismiss a $6.5 million jury verdict awarded to Andy Mohr Truck Center in its long-running dispute with Volvo Trucks North America.
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Dell shareholders win hollow court victory over buyout price

June 1, 2016
 Bloomberg News
Dell Inc. shareholders who thought they were fleeced by the deal that took the computer maker private in 2013 have scored a rare — though hollow — legal victory.
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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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