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On the Move - 8/27/14

IL Staff
August 27, 2014
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On The Move

On The Move highlights employment news, awards and honors attorneys receive, and board appointments or elected positions. Digital images should be 200 dpi and saved as eps, tiff or jpg. Color images are preferred. Information must be submitted at least 10 days before the Wednesday issue in which it is to appear. Submit your announcement at http://www.theindianalawyer.com/submit-on-the-move or email to managing editor Jennifer Nelson at jnelson@ibj.com. New Associations

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*Josh Abel will join Faegre Baker Daniels LLP’s nonprofit practice group in September. Abel previously was executive director of the Neighborhood Christian Legal Clinic.
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*Laura E. Wyrick has joined Burt Blee Dixon Sutton & Bloom LLP as an associate.
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*Alyssa B. Rogers has joined North American Midway Entertainment as its first general counsel.
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*Catherine Fanello has joined Krieg DeVault LLP’s litigation and public finance practice groups as an associate.
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*Cari L. Sheehan has joined Reminger Co. LPA’s Indianapolis office. Her practice areas include retail and hospitality, employment practices and workers’ compensation.

Douglas K. Walker has joined the Law Office of David Gladish P.C. His practice will predominately be devoted to personal injury, business litigation, and estate and wealth management.  

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*Michelle L. Cooper has joined Lewis Kappes P.C. as an equity director. She is a member of the firm’s education law and governmental service practice groups. *Susan Traynor Chastain and *Karen Glasser Sharp have joined as equity directors in the education law practice group.
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*Marilee J. Springer has returned to Ice Miller LLP after serving as deputy chief of staff and senior policy director for Gov. Mike Pence. She is a partner concentrating on representing tax-exempt organizations, donors and governmental entities and affiliates.

Promotions Claire Emswiller Short and Cassandra A. Kruse will become shareholders of Emswiller Williams Noland & Clarke P.C. effective Sept. 1.

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*Winfield D. Ong has been appointed the acting criminal chief in the Southern District of Indiana, supervising attorneys who work fraud, public corruption, child exploitation, human trafficking, environmental and other criminal cases in the U.S. District Court for the Southern District of Indiana.

Appointments and Elections

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*Christine Hayes Hickey, a partner with Rubin & Levin P.C., has been elected to serve as secretary of the National Conference of Bar Presidents at its annual meeting in Boston in August.
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*John Krauss has been named to a five-year term on the Indiana Supreme Court Disciplinary Commission.
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*David J. Theising of Harrison & Moberly LLP has been elected to a three-year term on the Governing Board of the American Bar Association Forum on the Construction Industry, the largest organization of construction lawyers in the world.

Awards and Honors

Indiana University Maurer School of Law Professor Ajay K. Mehrotra has been named the winner of the Society for U.S. Intellectual History 2014 annual book award. He was selected for his work, “Making the Modern American Fiscal State: Law, Politics, and the Rise of Progressive Taxation, 1877-1929.”

Indiana Court of Appeals Judge Melissa S. May and Muncie attorney Robert C. Beasley have received the Excellence in Continuing Legal Education Award from ICLEF. New Location

The Evansville office of Kightlinger & Gray LLP has relocated to 7220 Eagle Crest Blvd., Evansville, IN 47715-9815.•

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  1. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  2. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  3. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  4. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  5. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

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