Opinion - The Indiana Lawyer

DTCI: IPLA’s domestic distributor rule: What is a principal distributor?

March 30, 2022 | Adam Ira and From DTCI

In a case involving an allegedly defective product manufactured outside the United States, the manufacturer may quickly file a motion to dismiss for lack of personal jurisdiction. Alternatively, it may be impossible to secure service upon an overseas manufacturer of a product. In either situation, an attorney who happens to represent a U.S. distributor of the product may be wondering if the U.S. client will be left holding the bag for a manufacturing defect (i.e., strict liability) if the manufacturer is dismissed.

Hammerle on… “tick, tick … BOOM!,” “The Batman” and Ukraine and Vietnam

March 30, 2022 | Robert Hammerle

Indiana criminal defense attorney Bob Hammerle gives us his take on “tick, tick … BOOM!” and “The Batman,” plus the parallels he sees between the current war in Ukraine and the Vietnam War.

Hurley and Mappes: Trade secrets, noncompetes and remote work: Part II

March 30, 2022 | Ryan Hurley and Harmony Mappes

The trend of increased scrutiny over noncompete enforceability, coupled with the uptick in remote work, make it all the more important for companies to revisit the “reasonable efforts” in place to protect their trade secrets.

Nguyen: ‘Requisite national fame’: A look at trademark dilution

March 30, 2022 | Xuan-Thao Nguyen

Trademark dilution law appears to be losing its significance. Another perspective, however, proposes the major drop in trademark dilution suits confirms the trademark dilution statute serves its purpose perfectly.

Hiler and Metzger: Putting a price tag on intellectual property

March 30, 2022 | Ryan P. Hiler and Matthew P. Metzger

This article will highlight the three generally accepted methods used to value IP. While using a single method will not be definitive, together these methods may provide an effective perspective on the value of IP.

Hartz: What’s intellectual property got to do with war in Ukraine?

March 30, 2022 | Blake R. Hartz

Do you or your clients have operations or sales in Russia? It is not a popular place to be doing business right now. The physical conflict in Ukraine has spread to economic and political countermeasures, including various private companies voluntarily withdrawing from the Russian market. But the Russian government is striking back at U.S. and other companies who are pulling out of the market by modifying the Russian intellectual property systems.

IndyBar: Bench Bar 2022: Fresh Start, New Direction

March 30, 2022 | Judge Helen Marchal and From IndyBar

Do you want to hit the reset button on your professional and/or personal life? Now’s your chance as registration for the Indianapolis Bar Association’s 2022 Bench Bar Conference from June 16-18 in Louisville is now open!

IndyBar: HEAL is Here to Help

March 30, 2022 | Kelly Scanlan and From IndyBar

Could you use a helping hand? The IndyBar HEAL Committee, through its dozens of volunteers, and under the leadership of new Patty McKinnon, is ready and willing to help YOU and your colleagues.

Letter to the editor: Marion Co. should reconsider closing family recovery court

March 30, 2022 | Andrea K. Marsh

Indianapolis attorney Andrea K. Marsh writes that she doesn’t understand why Marion Superior Court is terminating the Marion County Family Recovery Court 18 months before the grant funding for it would end.

JLAP: ‘Every new beginning comes from some other beginning’s end’

March 30, 2022 | Jill Carnell

Change is something that we all navigate, and over the past two years we have all certainly been navigating lots of rapid change collectively. In addition, maybe you, like me, have decided to make some changes in your legal practice. How is your heart feeling as you make these changes?

Bell and Grass: 3 things to know: Commenting on pending legal matters

March 30, 2022 | James J. Bell and Stephanie L. Grass

Have you recently been hired on a case and know the media want to talk to you? Before you post a comment on social media or conduct an interview, you should stop and think of the potential ethical implications. Those implications are outlined in the Indiana Supreme Court Disciplinary Commission’s recently issued Advisory Opinion 1-22, “Lawyers’ Public Comments on Pending Matters.”

Earbin and Moula: Tips on European intellectual property for lawyers in Indiana and abroad

March 30, 2022 | Esther Earbin and Sofia Moula

Here, we provide a few tips for understanding IP in the EU, specifically under the purview of the EU Intellectual Property Office.

IndyBar: President’s Message: Don’t Be Angry; Be Happy!

March 30, 2022 | Judge Alicia Gooden and From IndyBar

For the last two years, the repetitive comment I have heard from countless attorneys is how angry and contentious everyone is. While certainly they are referring to their clients and other litigants as well, the focus is on the attitudes and demeanors of opposing counsel. As a judge, I have seen it firsthand, unfortunately.

IndyBar: Leadership Series for Early Career Professionals to Launch at Bench Bar Conference: Apply By April 15!

March 30, 2022 | From IndyBar

Are you looking for opportunities to contribute to Indy’s growth? Ready to network with community leaders and your peers? The IndyBar’s Bar Leader Series could be your answer and is now accepting applications for Class XIX.

IndyBar: ‘Be the Change You Wish to See in the World’ – Mahatma Ghandi

March 16, 2022 | Shelley Jackson and Mike McBride and From IndyBar

On Feb. 17, 2022, a historic networking event occurred among the Marion County Bar Association (MCBA), the Asian Pacific American Bar Association of Indiana (APABA), Indianapolis Bar Association (IndyBar) and Indianapolis Bar Foundation (IndyBar Foundation).

IndyBar: Leadership Series for Early Career Professionals to Launch at Bench Bar Conference: Apply By April 15!

March 16, 2022 | From IndyBar

Are you looking for opportunities to contribute to Indy’s growth? Ready to network with community leaders and your peers? The IndyBar’s Bar Leader Series could be your answer and is now accepting applications for Class XIX.

Heavilon: The duality of man: ‘Owner/employee’ interest in small biz

March 16, 2022 | Michael Heavilon

Small business owners often wear multiple hats for their companies. In many cases, “Mike” the owner is often “Mike” the employee, with little distinction between those two roles. However, when a dispute arises and “Mike” is squeezed out of the company, how do courts distinguish between Mike’s rights as an owner versus Mike’s rights as an employee?

Spurgeon: Prioritizing connection in a hybrid world

March 16, 2022 | J. Todd Spurgeon and From DTCI

As the dust settles on COVID-19, it seems it is now easier to become isolated from others in the legal community, and even from those in your own firm. With many courts and law offices going hybrid, there are fewer organic opportunities to connect, whether through in-person court conferences or birthday cake in the break room at the office. Some of these new efficiencies are great, but many come with a trade-off.

St. Pierre: Employers grappling with religious exemptions to COVID vaccine

March 16, 2022 | Alyson St. Pierre

Previous versions of HEA 1001 provided that any worker could be granted a religious exemption to a vaccine mandate without employers inquiring into the validity of the employees’ claims. Had that version of the bill passed through the General Assembly and been signed by Holcomb, Indiana employers would have clear marching orders when it came to religious exemptions from vaccine mandates. But that provision was hotly contested and, ultimately, removed from the version of the bill that is now law in Indiana. So the question remains: What should Indiana employers do when they receive a request for religious exemption from a COVID-19 vaccine mandate?

Roberson: New law ends forced arbitration in sexual assault, harassment cases

March 16, 2022 | Elizabeth Roberson

On March 3, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which will nullify forced arbitration clauses in sexual assault and sexual harassment cases. Following the #MeToo movement, many states have enacted legislation to limit the scope of claims covered in employment arbitration agreements, but the act is the first federal limitation.

Articles