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Public defenders: ‘Pay now or pay later’

In the 2½ years since the Sixth Amendment Center released a report strongly condemning indigent criminal defense in Indiana, public defenders have pressed for reforms. Now, those efforts slowly are beginning to bear fruit as the Indiana General Assembly takes action on reform legislation.

In ‘FUCT’ fashion brand case, justices avoid saying word

The U.S. Supreme Court discussed a trademark case Monday involving Los Angeles-based fashion brand “FUCT.” But the justices did some verbal gymnastics to get through about an hour of arguments without saying the brand’s name.

‘Tweaks’ proposed to Indiana Child Support Guidelines

Proposed revisions to the Indiana Child Support Guidelines are currently open for comment. The guidelines are reviewed every four years in accordance with federal law, and attorneys described the proposals as tweaks and adjustments to align the courts with the ongoing evolution of family structures.

Elkhart man wins wage dispute, but judge awards just $35

A northern Indiana man who sought wages for lunch breaks he didn’t take has won his claim, although a judge awarded him just $35. Joe Lehman was seeking $3,543 he said Thor Industries’ Postle Aluminum division owed him for lunch breaks he didn’t take while working as a truck driver for about a year and a half, but an Elkhart County magistrate granted him a judgment of only $35, plus $125 in court costs.

Budding romance: Attorney grows, crossbreeds, names daylilies

Indianapolis attorney Bret Clement has been growing and crossbreeding colorful, fun flowers for nearly 20 years. He has established Clement Daylily Gardens, where he plants, mulches, waters, weeds and cares for the perennials he offers for sale.

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DTCI: A dramatic, real life slip-and-fall case fit for television

Is being an attorney as exciting as it looks on TV? I’m sure as lawyers, we have all heard one version of this question or another. Usually, I say, “Nah, television makes everything seem more dramatic.” I definitely watch shows that depict lawyers with a healthy dose of eye-rolling. My 2019 practice of law, however, started off with a story fit for television.

Wilson & Oxyer: With CBD legal, is THC in the workplace A-OK?

As the legality of hemp, CBD oil, marijuana and other substances containing THC continues to change, questions arise relating to an employer’s options when THC is detected on a drug screen and whether an employer must accommodate the use of legal THC-containing substances.

Cole: Congress to the rescue in race to save software patents

When it often takes three to five years to secure a patent, you don’t want to empty your patent application pipeline if you think the law will change in the near term. And now it is looking increasingly likely that Congress will step in and bring order to the current chaos.

Roach & Hiler: Top 10 technology licensing pitfalls

While license agreements are often complex, we have seen many common pitfalls in licenses for patents and know-how (trademark and copyright licenses present similar issues, but are beyond the scope of this article). A “top 10” is a somewhat arbitrary list, but here goes:

Quick: Taking the time to tweak and update your law firm brand

Wouldn’t it be great if your law firm brand became synonymous with your practice areas? Let’s assume you already have what you consider a strong brand. We talked to several lawyers who possess strong brands and other experts who agree that even if you have a strong brand, it still must evolve.

At launch of 100th problem-solving court, judges hail results

As Indiana’s 100th problem-solving court begins operations in Pulaski County, jurists presiding over the 99 established courts praise the problem-solving initiative as an innovative approach to addressing personal and societal woes.

Opinions April 15, 2019

Indiana Court of Appeals
Heraeus Medical, LLC, et al. v. Zimmer, Inc., a Delaware corporation d/b/a Zimmer Biomet, and Zimmer US, Inc., a Delaware corporation
18A-PL-1823
Civil plenary. Affirms in part the Kosciusko Superior Court’s issuance of a preliminary injunction ordering Heraeus Medical LLC to not possess, use, or disclose confidential information received from Heraeus Medical GmbH, or employ or engage the individual defendants in a way that violated their restrictive covenants with Zimmer Biomet or the trial court’s preliminary injunction. However, reverses in part after finding a noncompete and nonsolicitation covenant between Robert Kolbe and Zimmer Biomet employees to be overbroad. Remands to reform it to comply with Indiana law. Also finds in crafting its preliminary injunction, the trial court incorrectly defined the geographic scope of the Kolbe Agreement and applied the term “contact” in a way inconsistent with the Kolbe Agreement.

‘Overbroad’ injunction against sales rep’s soliciting remanded

The Indiana Court of Appeals partially agreed with a medical components company and one of its employees after it concluded a trial court’s order restricting the vice president of sales from contacting clients from his previous employer was overbroad.