Focus

Preparing for Ebola

November 19, 2014
Dave Stafford
The first Ebola cases in the United States caused panic that Indiana legal and medical experts say has receded somewhat as public health systems contained the virus and educated people about the risks of the disease and the perils of overreacting.
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Leonard: Proposed rule expands safe harbors under federal Anti-Kickback Statute

November 19, 2014
The United States Department of Health and Human Services Office of Inspector General recently published a proposed rule seeking to add new safe harbors to the Anti-Kickback Statute, as well as amend certain existing safe harbors within the rule.
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Technology helps aid non-English-speaking litigants but has limits

November 5, 2014
Dave Stafford
Remote connections for interpreting services are becoming more common in courts and legal proceedings. Speakers of Arabic, Mandarin, Punjabi and countless other languages and dialects are entitled to understand proceedings and communicate, but there isn’t always a qualified interpreter who can show up in person.
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Law firms struggle to create apps that meet a specific need

November 5, 2014
The challenge for law firms is to create an app that brings value. The apps must  fill a need that the user has and go beyond putting the firm's legal blog into the app.
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When municipal growth clashes with property owners, the result is annexation headaches

October 22, 2014
Marilyn Odendahl
A 644-acre swath of rural Hancock County land is at the heart of a contentious annexation battle that illustrates what municipalities say is the need to get control of property before development happens. The case also brings to light what may be a shift in the judiciary’s attitude toward remonstrators.
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Public-private partnerships’ popularity peaking

October 22, 2014
Dave Stafford
In an era of tight lending for construction, public-private partnerships are a solution to get desired projects funded and under way. Attorneys who represent parties in such deals say nuanced negotiations hold the key for deals with a shared vision but sometimes competing interests.
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Maximizing paralegal roles to get money's worth

October 8, 2014
Marilyn Odendahl
An Indiana State Bar Association panel examines ways firms can delegate work to paralegals to increase efficiency and profitability.
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Small firms rise to top of ISBA leadership

October 8, 2014
Dave Stafford
Jeff Hawkins is like most Indiana lawyers – he works in a small practice. Hawkins, incoming president of the Indiana State Bar Association, will be the first of three consecutive leaders hailing from solo or small law firms.
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A place for community mediation

September 24, 2014
Dave Stafford
While the state hasn’t funded community mediation centers, a few providers offer limited services.
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Indiana joins other states challenging EPA regulatory authority

August 27, 2014
Marilyn Odendahl
Indiana has joined 11 other states in filing a lawsuit against the U.S. Environmental Protection Agency, taking the unusual tactic of challenging the federal government’s authority to regulate greenhouse gases rather than challenging the rule itself.
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Deveau: RCRA threatens validity of brownfield redevelopment

August 27, 2014
During the past 12 months a troubling trend has developed in the area of brownfield redevelopment. In several routine property transactions, buyers, sellers and lawyers have had the unpleasant experience of having their deals scuttled by a questionable application of the Resource Conservation and Recovery Act.
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Workplace threat injunction deemed invalid

August 13, 2014
Dave Stafford
An employee’s reported threat to blow his boss’s head off resulted in an injunction barring him from the workplace, but the Indiana Court of Appeals reversed recently in a case that highlighted conflicting statutes aimed at preventing violence on the job.
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Metrics create benchmarks for 'granular' evaluations of lawyer performance

July 30, 2014
Dave Stafford
Metrics measuring attorney and law firm performance have exploded in recent years, and trend watchers say the implications for the industry are only beginning to be felt.
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Video depositions can be a compelling trial tool

July 30, 2014
Marilyn Odendahl
The ability to catch the nonverbal messages and vocal inflections made by witnesses and experts is the biggest benefits to videotaping depositions, attorneys say.
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Whaley: Adventures in e-discovery and social media

July 30, 2014
With the amount of social media people use, it is not surprising that social media can have a significant impact on litigation and discovery. Occasionally something dramatic provides a cautionary tale, like the confidential settlement in a Florida employment discrimination case that the defendant private school voided when the plaintiff’s daughter bragged about it on her Facebook account. But there are many aspects of social media which, while not flashy, present interesting e-discovery challenges.
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Advocates: Suit over unpaid subsidies emblematic of DCS' shortcomings

July 16, 2014
Dave Stafford
Adoptive families who’ve sued the state and likened the Department of Child Services to deadbeat parents for failing to pay promised subsidies to people who adopt foster children aren’t alone in feeling slighted, child and adoption advocates say.
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Mastering the law without a J.D.

July 2, 2014
Marilyn Odendahl
The move by two Indiana law schools to follow a national trend and offer master’s degrees to non-lawyers has many practicing lawyers asking where the graduates of these programs will fit into the legal profession.
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Early education efforts expose youth to various careers in law

July 2, 2014
Dave Stafford
Harrison Ndife and his peers gathered at the end of a long week to kick back, talk shop and do a little networking. A rising sophomore at Terre Haute South High School, Ndife had just completed the Summer Legal Institute along with 39 other eighth-graders and high-schoolers. They learned what it will take for them to become lawyers and where their place in the profession might be.
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Guarding against undue influence

June 18, 2014
Dave Stafford
Changes in a person’s will and estate plan that vary from equal distribution of assets among heirs, as favored by law, should raise red flags, elder law attorneys say.
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Longtime private practitioner Steve Langer leads ITLA

June 4, 2014
Dave Stafford
Valparaiso attorney Steven Langer brings to bear more than 30 years of experience as the new president of the Indiana Trial Lawyers Association. He answers a few questions from Indiana Lawyer about the organization, the practice of law, and his family. And he had a pet black bear in his youth.
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ITLA Institute hits a big milestone

June 4, 2014
Marilyn Odendahl
The 50th annual conference will give attorneys a chance to recharge, connect with others, and learn tips from a comedian.
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Establishing Miller Trusts

May 21, 2014
Marilyn Odendahl
Attorneys offer their pro bono services to help nursing home residents keep their Medicaid benefits.
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PERF benefit to decline amid fund shortfall

May 21, 2014
Dave Stafford
Effective Oct. 1, the Indiana Public Retirement System will reduce the guaranteed interest rate for workers who choose to annuitize investments in their annuity savings accounts.
More

Law firms should be concerned about cybersecurity

May 7, 2014
Marilyn Odendahl
The real dollars are paid on the black market for inside details about possible mergers and acquisitions, new public policy, and information about cutting-edge technology. In short, the kind of private, confidential information that many law firms hold in their client files.
More

ABA warns against 'liking' potential jurors

May 7, 2014
Marilyn Odendahl
Lawyers and judges say the opinion on the use of social media is needed.
More
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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