Opinion

Taft: Data breach tips and recovery plans for health care

July 12, 2017
Here are some brief tips about preventing and dealing with cyberattacks from Department of Health and Human Services’ Office of the Assistant Secretary for Preparedness & Response materials for those entities that operate in the health care field.
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Kiefer: Health care fraud enforcement still top priority under Trump

July 12, 2017
Despite election rhetoric that led many to believe that Donald Trump, if elected, would reduce enforcement of criminal laws against U.S. corporations and business executives, President Trump has instead ratcheted up the enforcement of laws involving health care fraud.
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Van der Cruysse: What do Indiana law schools do for students in need?

July 12, 2017
The intent of law schools is to prepare students to become lawyers who know when and where to seek help when they deal with professional and personal stressors, mental health issues, or substance abuse issues. JLAP has partnered with the Indiana law schools to help fulfill these needs.
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Living Fit: Lawyers find ways to stay active, make healthy choices

July 12, 2017
Sharon Buechler
In the past year, I returned to the practice of law and living the billable life. Having written this column about the importance of health and wellness for lawyers for the past seven years, I realized that staying in shape in the legal profession was easier said than done.
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DTCI: Bravo! Brava! Bravi! Ballet company to grace Indianapolis

July 12, 2017
From DTCI
Indianapolis will soon join New York, San Francisco, Chicago, Boston, Nashville, Cincinnati, Milwaukee and other great cities as a home to a professional ballet company.
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BGBC: Prohibited transactions can result in deemed IRA distributions

July 12, 2017
As self-directed Individual Retirement Accounts become more popular, their owners and beneficiaries need to be aware of the rules regarding prohibited transactions to avoid pitfalls.
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Hammerle on ... 'Band Aid,' 'Baby Driver'

July 12, 2017
Robert Hammerle
Bob Hammerle encourages readers to hunt down "Band Aid" at home when they get a chance.
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Scopelitis: HB 1002 balances higher trucking fees, infrastructure help

June 28, 2017
The trucking industry, a vital part of the state’s economy, had a special interest in House Bill 1002, both because the state looked to the industry to bear a significant share of the funding and because the industry relies on well maintained, free-flowing roads.
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Mills: Updates to Indiana’s Medical Malpractice Act are here

June 28, 2017
In 2016, the Indiana Legislature made significant changes to Indiana’s Medical Malpractice Act to take effect on July 1, 2017, giving insurance companies and health care providers time to adapt and implement the changes.
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Start Page: Wrapping your head(ers) around footers

June 28, 2017
Seth Wilson
Hopefully this article will help you wrap your head around the header and footer tools in Microsoft Word.
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Mental Fitness: Sharing my diagnosis gives other attorneys courage to do same

June 28, 2017
Reid Murtaugh
The fact that publicly sharing a mental health diagnosis is still considered to be such a big deal is unfortunate. I hope people in our profession will realize that the idea that you must hide a mental health diagnosis to have a successful law career is absurd.
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Bell: 3 things to know when receiving inadvertent disclosures

June 28, 2017
James Bell
When you receive an inadvertent disclosure, you need to act.
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BGD: ‘Disclosure-only’ bank merger lawsuits and Indiana’s solution

June 28, 2017
An increase in mergers and acquisitions, however, could mean an increase in a recent trend in Indiana and the rest of the country — the “disclosure-only lawsuit.”
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Hammerle on... 'It Comes at Night,' 'Megan Leavey'

June 28, 2017
Robert Hammerle
Bob Hammerle says "It Comes at Night" grabs you by the throat.
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Eye on the Profession: Attorneys, change is here but you will eventually like it

June 14, 2017
John Trimble
I was at a bar association meeting within the last week that had a cross-section of lawyers of all ages and practice areas. There was one overriding theme of the conversations among the lawyers in attendance: They were hating change.
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Lindman: Determining where to incorporate after TC Heartland

June 14, 2017
Recently, the Supreme Court of the United States made the problem of deciding where to incorporate a little more complicated. Sure, your client could still choose Delaware for its well-developed business laws. But how does Delaware stack up in patent litigation?
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Hammerle on... 'Wonder Woman,' 'Churchill'

June 14, 2017
Robert Hammerle
Bob Hammerle says "Wonder Woman" is a special film that should not be missed.
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Technology Untangled: Fujitsu document scanner is ideal small law office tool

June 14, 2017
Stephen Bour
I searched Amazon for Fujitsu scanners and was pleased to see that the ScanSnap iX500 is the Amazon Number One Best Seller in computer scanners.
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Ira: The future of cyber liability in Indiana

June 14, 2017
There is no shortage of headlines reporting on major data security breaches across the United States. It is no surprise that the wheels of justice have turned slowly in defining the scope and extent of liability for data security breaches.
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Boldt: Estate planning essentials for newlyweds and new parents

May 31, 2017
Amid all of the anticipation and excitement surrounding new unions and new babies, estate planning often falls by the wayside. Nevertheless, newlyweds and new parents are wise to make their estate planning goals a priority.
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Retzner: Estate planning second step is more important than first

May 31, 2017
Most clients, and indeed more than a few attorneys, believe that once step one is completed, so is the client’s estate planning. The file is closed and, maybe a reminder to check back with the client in a few years for any updates. Maybe there is correspondence discussing “step two,” but in too many cases nothing is done. Step two, however, is by far the most important part of the estate planning process.
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Plugged In: WannaCry ransomware - You would cry too if it happened to you

May 31, 2017
Deanna Marquez
While there is no way to completely prevent malware attacks, this strain is a great example of why it is important to ensure your computer is always kept updated. These updates include things such as patches and fixes to the computer’s operating system, security software updates, and anti-virus definition updates as they become available.
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Federal Bar Update: Northern District order changes judicial assignments

May 31, 2017
John Maley
The Northern District of Indiana has implemented new protocols for assignment of cases to judges, both for certain pending cases and for newly filed cases.
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Quick: Get noticed by being the expert in your practice area

May 31, 2017
Jon Quick
The secret to being a lawyer that’s a “go-to” source for legal commentary in the media is simple.
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Hage: Pros and cons of a decade of experience prior to entering law

May 31, 2017
I graduated from law school in December 2015 and sat for the bar exam in February 2016, then continued to work in state government until joining Bingham Greenebaum Doll LLP in January of this year. In many ways, I am starting a second career and this has both pros and cons.
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  4. 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.

  5. 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.

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