Opinion

Dean's Desk: McKinney students receive honors for pro bono service

December 16, 2015
Andrew Klein
At our most recent Pro Bono and Clinical Program awards event, we celebrated – for the second year in a row – the fact that our graduating class had contributed more than 20,000 hours of pro bono service to the community during their law school careers.
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Start Page: Goal setting and habit development for the new year

December 16, 2015
Seth Wilson
This year, join me in a different approach: setting goals and developing habits. Neither concept is new and both take effort to be effective. Here are some pointers and tech tools you can use to help support achieving your goals and developing good habits in the new year.
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Indiana Judges Association: 7 hopes on a judicial holiday wish list

December 16, 2015
David Dreyer
As we complete a long, complicated year, my great judge journey leads me to a wish list. While wish lists are not uncommon for gift-giving season, or the start of a new year, this one is intended for regular rumination.
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Neutral Corner: Case reaffirms enforceability of settlement agreements

December 16, 2015
John Van Winkle
A recent Indiana Court of Appeals opinion reaffirmed prior Indiana cases holding that settlement agreements, whether reached with or without mediation, are governed by the general principle of contract law and generally not required to be in writing.
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Quick: Time to develop a social media marketing strategy

December 16, 2015
Jon Quick
If I told you there was a way to market your law firm for absolutely no cost and get responses from thousands and thousands of people globally, would you be interested in doing it?
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Schantz: Infringing IP in your home with 3-D printing

December 16, 2015
Adherence to a few principles will avoid many of the intellectual property potholes on the road of 3-D printing.
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Warr: Cybersecurity lessons learned from an ostrich

December 16, 2015
When the topic of cybersecurity arises, many companies react by burying their heads in the sand. However, playing an ostrich when it comes to cybersecurity will not save you.
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Nguyen: Banking on intellecutal property

December 16, 2015
What do startups and high-growth companies have in common? Intellectual property is their most valuable asset, separating one company from the others in a fiercely competitive tech environment.
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Hammerle on ... 'Brooklyn,' 'Creed'

December 16, 2015
Robert Hammerle
Bob Hammerle says Sylvester Stallone is magnificent as an aging man searching for meaning in "Creed."
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Lucas: And the ‘Practicing Law in Indiana’ survey says …

December 2, 2015
Kelly Lucas
Welcome to the Indiana Lawyer’s “survey issue”! I hope that you find the data revealed in the pages of this publication interesting and that it spurs conversation and serves as a catalyst for positive change in the legal community.
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Quality of Life: Make sure to protect yourself from any type of ‘fall’

December 2, 2015
Jonna Kane MacDougall
At some point in life, you may have an experience that helps you to redefine your priorities. I had such an experience about three weeks ago, when I took a tumble, head first, down a long and steep staircase in my home.
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Inside the Criminal Case: Gluten, grandpas and reasonable suspicion to stop a vehicle

December 2, 2015
James Bell, K. Michael Gaerte
“Back in our day,” reasonable suspicion for a traffic stop was based upon objective evidence that the suspect had committed a traffic violation.
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Protecting Your Practice: Avoid problematic fee agreements

December 2, 2015
Neal Bowling, Dina Cox
It is crucial to have a clear, written agreement with your client explaining not just the scope of your services, but how you will be paid for those services. Be careful that you don’t run afoul of your professional obligations in that fee agreement or in your billing.
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Hammerle on ... 'Trumbo,' 'Spotlight'

December 2, 2015
Robert Hammerle
Bob Hammerle says "Trumbo" is a study in American history that should not be forgotten.
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O'Neil: Litigating in a paperless environment

November 18, 2015
If you walked down the hallway of the average law firm in the year 2000, what would you see? Paper, and a lot of it!
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Making Rain: Abiding by rules 7.1 and 7.2 in a #DigitalWorld

November 18, 2015
Dona Stohler
Recently, I had the pleasure of attending an Indiana Lawyer CLE program on how lawyers and law firms should interpret the professional code of conduct regarding digital advertising and communications. My conclusion from the entire discussion is that there are a few things that are clear and there is a lot that is still pretty fuzzy.
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Federal Bar Update: Significant rule changes coming Dec. 1

November 18, 2015
John Maley
Significant changes to the Federal Rules of Civil Procedure take effect to civil cases filed on or after Dec. 1, or to cases already pending to the extent just and practicable. The Supreme Court of the United States approved these changes in April, and Congress has taken no action to stop them becoming effective.
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Marquez: Take simple steps to save your assets

November 18, 2015
We have all been there at some point: having spent an inordinate amount of time getting a document phrased perfectly and in an instant it is all gone.
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Hammerle on ... 'Room,' 'Spectre'

November 18, 2015
Robert Hammerle
Bob Hammerle says "Room" is a movie experience that you cannot help but dread.
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Falcon: Are no-damage-for-delay clauses enforceable?

November 4, 2015
When the enforceability of a no-damage-for-delay clause is litigated in Indiana, practitioners commonly rely on the treatment of certain exceptions in other jurisdictions, while conceding that Indiana’s courts have not definitively weighed in. But is that position entirely accurate?
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Reddick and Law: TIF financing and public-private partnerships on the rise

November 4, 2015
As the state of Indiana continues to search for new and innovative ways to recruit businesses to the area and create more jobs, the use of creative financing incentives such as tax increment financing and public-private partnerships, or P3s, has continued to be essential to development.
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Bell/Whelan: 3 things to know about reporting ethics violations

November 4, 2015
James Bell, Jessica Whelan
If you’re like us, you’re a lawyer who enjoys giving advice to others. As attorneys who represent other attorneys in disciplinary matters, we often receive requests to give ethics advice to lawyers. As luck would have it, we like lawyers and generally enjoy giving advice to lawyers when we can.
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Start Page: 3 reasons to consider using an Apple Watch

November 4, 2015
Seth Wilson
Lawyers need help managing the massive amounts of information we process on a daily basis. Wearable devices can help weed through the noise and filter the most important information to you when and where you need it.
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Mellowitz: Judges should not ignore discovery violations

November 4, 2015
After 27 years in the trenches of civil litigation, most on behalf of injured plaintiffs, it is still shocking to see the blind eye that some judges turn toward even the most egregious violations of the discovery rules.
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DTCI: Sealing confidential terms of compromise

November 4, 2015
From DTCI
Recently, a colleague and I were faced with the following issue in a wrongful death action after resolving all claims at mediation: Is an Indiana trial court permitted to seal and/or prevent public access to records required to be filed with the court related to the compromise of a plaintiff’s claim that include or otherwise identify confidential terms of the resolution?
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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