Business Law

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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Heft not enough to justify insurer deals, top DOJ lawyer says

November 16, 2015
 Bloomberg News
Health companies saying they need to consolidate to preserve their heft when negotiating with service providers isn’t enough to justify mergers, a top U.S. antitrust enforcer said Friday in comments that could hint at the Justice Department’s thinking on two major health insurance deals.
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Ernst & Young faulted for relying on Madoff’s word, audits

November 10, 2015
 Bloomberg News
Ernst & Young LLP erred by taking Bernie Madoff at his word when it signed off on audits of a fund that helped feed the biggest Ponzi scheme in U.S. history. The firm then stumbled by trusting the con man’s now-disgraced ex- accountant, a jury in the first trial of its kind was told.
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US said to tap ex-bank lawyer for compliance job

November 3, 2015
 Bloomberg News
Big banks that say the U.S. doesn’t understand how tough it is to comply with everything from anti-bribery to antitrust laws are about to gain an ear inside the Justice Department: a former compliance chief from Standard Chartered Bank PLC.
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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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