Opinion - The Indiana Lawyer

Bont: White-collar prosecutions decline amid COVID-19 pandemic

September 2, 2020 | Jonathan Bont

The onset and continuation of COVID-19 distancing precautions has led to fewer criminal prosecutions in general and fewer “white collar” prosecutions in particular. White collar criminal investigations are dependent upon search warrants for business records, witness cooperation and grand jury testimony. It shouldn’t come as a shock to anyone that witnesses are even less welcoming of government agents into their homes and offices (and government agents are certainly less inclined to make such visits) at this time.

Dreyer: Question while working remotely — Will we ever meet again?

September 2, 2020 | David J. Dreyer

The pandemic has become a mother of invention. But when we return, as we are all committed, to whatever “new normal,” let’s pledge as much “in-person” as the ongoing 21st century court system will allow.

DTCI: 3 insights for retaining and supporting women lawyers

September 2, 2020 | From DTCI

I genuinely believe that law firms and organizations are committed to retaining and supporting women. To that end, I offer the following insight to individuals seeking to support the success of their women colleagues.

Sugarman and Thomas: Nonstick coating emerging as a sticky regulatory problem

September 2, 2020

The United States Environmental Protection Agency (“EPA”) has identified PFAS as an “emerging contaminant.” The agency has released two peer-reviewed documents addressing health impacts posed by the chemicals. EPA also listed PFOA and PFOS on its Contaminant Candidate List (CCL) — which means they are now subject to regulatory decision making and information collection.

Hammerle on … Court humor: The sequel

September 2, 2020 | Robert Hammerle

I thought I would revisit a few court stories that hopefully you will find a bit amusing. Good grief, maybe we can laugh our way out of this lousy pandemic shutdown.

Young: John Lewis’ legacy shows path forward

August 19, 2020 | Ahmed Young

A collective approach to evaluate, critique, plan and deconstruct inequities within the legal system is the only way we can improve a legal construct created more than 240 years ago. How do we, in the state of Indiana, synthesize our efforts into a coordinated plan of action that addresses statewide and local issues of inequity?

Bush: Employer strategies in responding to the racism pandemic

August 19, 2020

While there is no playbook outlining the exact steps employers should take to address issues related to racial injustice, there are several actions employers can take to promote racial equity both inside and outside of the workplace.

Pro Bono Matters: Indiana’s pro bono reporting system reflects growing participation

August 19, 2020 | Kristina Coleman and Emily Kile-Maxwell

Whether you’re interested in adding pro bono to your practice for next year’s reporting requirements or are simply interested in increasing the number of hours you spend on reportable pro bono legal services, there are several ways you can get involved.

Smith: Indiana Court of Appeals upholds employer’s noncompete

August 19, 2020

The Indiana Court of Appeals recently published a decision that is instructive about noncompete agreements. It is one of the rare noncompete cases that does not contain the phrase: “Indiana courts are reluctant to enforce noncompete agreements because they constitute a restraint on trade.”

Brown: More remote employees? Time to review trade secret policies

August 19, 2020

In the ongoing work conditions surrounding the COVID-19 pandemic, business owners may consider that their principal concern is how to make it easier and more efficient for employees to do their jobs remotely. But as businesses streamline connections and move information from office hardware to home computers, they should not forget to safeguard the trade secret information that may be moving around.

Letter to the editor: SCOTUS discriminates against pro se litigants

August 19, 2020

It is ironic that the highest court in our land, charged with ensuring that the rules and laws of the country are fair and legal, is itself guilty of enacting a most unfair and arguably unlawful rule explicitly forbidding unrepresented litigants from participating in the Supreme Court oral argument process.

Hammerle on… Court humor

August 19, 2020 | Robert Hammerle

Even though court appearances are rare these days, let me reflect on some funny moments that I treasure.

Craig and Rulon: Technology keeps wheels of justice turning through COVID-19

August 5, 2020

The COVID-19 pandemic has challenged and changed how lawyers do business. Although law firms were considered essential businesses by Indiana’s stay-at-home orders, most lawyers responsibly transitioned their practices to remote working arrangements. This article focuses on how litigators used — and continue to use — technology to meet client needs and court deadlines.

DTCI: A few estate planning strategies for peace of mind

August 5, 2020 | From DTCI

Most people don’t want to think of their own mortality or the possibility that they may become incapacitated and incapable of expressing their health care wishes. Having an estate plan as well as a plan in place for end-of-life decisions will provide peace of mind for you and your family.

Hammerle on… The importance of travel

August 5, 2020 | Robert Hammerle

While I hate to admit this, the pandemic has inflicted a miserable toll on me. As a criminal defense attorney, personal interaction with prosecutors and court staff has been eliminated. This has made it difficult to resolve tough cases when you are reduced to using Zoom and emails. Yet it is the inability to travel that has sucked the wind out of my sails.

Terrell: Gus the JLAP therapy dog — A life well lived

August 5, 2020 | Stephen Terrell

The legal profession recently lost a bit of joy, comfort and unconditional love. Gus, the 10-year-old golden retriever and JLAP therapy dog who was a regular sight at state and local bar association events, died July 3.

Van Dame and Johnson: Finding, using social media evidence in personal injury cases

August 5, 2020

To a savvy litigator armed with best practices to avoid ethical violations and ensure admissibility, social media can be utilized as an effective tool to gather information throughout litigation, including trial.

Stafford: Executions indict the justice system at just the wrong time

July 22, 2020 | Dave Stafford

At a time when the American criminal justice system is under the most intense scrutiny of most of our lives, the 7th Circuit Court of Appeals’ ruling allowing the execution of Daniel Lewis Lee was slap in the face of the victims’ family members who opposed it and a bizarre, out-of-touch, wholly mean-spirited form of justice.

Makris: COVID-19 presents new co-parenting issues

July 22, 2020 | Nicole Makris

The COVID-19 pandemic has caused widespread changes to everyday life that have presented new questions for parents and family law practitioners alike. While we began in uncharted territory, this experience has been an opportunity for attorneys to creatively problem solve in a time when we, like our clients, are navigating many of the same uncertainties.

Trimble: Now more than ever, we all need courage

July 22, 2020 | John Trimble

A courageous man, Dr. Martin Luther King Jr., once said, “There comes a time when one must take a position that is neither safe, nor politic, nor popular, but must take it because conscience tells him it is right.” In so many words, Dr. King was describing courage. Now, more than ever, we all need courage.

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