Focus

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.
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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.
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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.
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Noyes: A short phone call can change the dynamic of a case

May 7, 2014
Jon Noyes encourages attorneys to network in order to gain insight and litigation strategies.
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Foos: Microsoft Surface Pro for the mobile attorney

May 7, 2014
Robert Foos Jr. writes about how the Microsoft Surface Pro caught his eye as an alternative to the Apple iPad.
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Mediation by monitor

April 23, 2014
Dave Stafford
The rise of online dispute resolution is seen as both a challenge and an opportunity for alternative dispute resolution.
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Reaching an agreement at the round table

April 23, 2014
Marilyn Odendahl
Attorneys find collaborative law allows families to craft their own future.
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Attorney sues hundreds over use of city skyline picture

April 9, 2014
Dave Stafford
They say a picture is worth a thousand words. Attorney Richard Bell says his picture of the Indianapolis skyline is worth $1,500 or so if you’ve posted it on your website without first paying him to license it.
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Call IP attorney Donald Knebel the ‘master of the facts’

April 9, 2014
Marilyn Odendahl
Ironically, the eight years that veteran attorney Donald Knebel spent avoiding intellectual property law gave him the experience he needed when he finally turned his attention to patent litigation.
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Court of Appeals changes from minority to majority approach in construction contract dispute

March 26, 2014
Marilyn Odendahl
A fire during a renovation project that devastated a southern Indiana courthouse ignited a dispute between the county and the contractor that persuaded the Indiana Court of Appeals to reverse course and adopt a new approach to interpreting construction contracts.
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Statehouse says yes to meth house database

March 26, 2014
Marilyn Odendahl
The methamphetamine bill that passed during the 2014 session turns attention away from the ingredients and to the contamination left behind by active meth labs. House Enrolled Act 1141 establishes an online database where potential homebuyers and renters will be able to see if their property was the site of a lab.
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Adams: Is Indy Rezone long overdue or cutting edge?

March 26, 2014
David Adams writes that unless you are a land use lawyer, you may not know that there are some very interesting things happening with Indianapolis’ city zoning ordinance and associated development regulations.
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  1. Good riddance to this dangerous activist judge

  2. 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.

  3. 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.

  4. 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.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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