Overview of New Federal COVID-19 Vaccination Requirements for Employers (Podcast)
Employment Practice attorney Shelley M. Jackson discusses the new vaccination requirements for employers with over 100 employees.
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Court Bulldozes Indiana Contract Provision Requiring Florida Litigation
Pursuant to its $1 million + contract with Sullivan Corporation (“Sullivan”), Rabco Enterprises, LLC (“Rabco”) agreed to provide labor and materials for a self-storage project in Noblesville, Indiana (the “Project”).
In 2019, Sullivan filed a breach of contract action against Rabco in Hamilton…
Virtual Discovery: New Considerations in the New Normal
The “new normal” brought on by the COVID-19 pandemic has ushered in the era of virtual meeting technology and other connective platforms as substitutes for in-person communication. Platforms such as Zoom, Microsoft Teams, Skype, Webex, Google Hangouts, and GoToMeeting have become mainstays in the…
Arbitration Clauses: Things Every Financial Institution Should Consider Before Agreeing to Arbitrate [WEBINAR]
Partners Libby Yin Goodknight, Scott S. Morrisson, and Brett J. Ashton hosted a webinar on Arbitration Clauses: Things Every Financial Institution Should Consider Before Agreeing to Arbitrate. A recording of the webinar and the slides from the presentation are available here.
Want to Change a Joint Account? Put it in Writing!
Recently, the Indiana Court of Appeals issued an opinion that offers some guidance on how to properly change a joint account with rights of survivorship while living.
In Solomon v. Lindsey, 163 N.E.3d 302 (Ind. Ct. App. 2020), Paul Martin (“Martin”) opened an account with Rydex Series Trust. On the…
SEA 370 Signed Into Law, Effective Immediately
Indiana Governor Holcomb signed Senate Enrolled Act 370 into law yesterday, providing a clear restatement of the statute of limitations to be applied for purposes of resolving disputes regarding deposit accounts. As we have written extensively over the past two years, Indiana’s banks and credit…
Supreme Court Confirms that to Violate the TCPA your Automatic Telephone System Must Use a Random or Sequential Generator
The TCPA Issue
There has been a significant amount of litigation over the past few years regarding the Telephone Consumer Protection Act (“TCPA”) on the issue of whether banks or credit unions are violating the TCPA when they call their customers using certain automatic telephone…
Does Wining and Dining EHR Prospects Trigger False Claims Act Liability?
Athenahealth, Inc. (“Athena”), an electronic health records (“EHR”) vendor, recently paid $18.25 million to settle allegations that it violated the False Claims Act by using extravagant gifts to persuade prospects to buy its electronic medical record system. In its Complaint, the government did not…
Indiana Financial Institutions Continue to be Targeted in Class Action Overdraft and NSF Lawsuits
Over the past two years, no fewer than seventeen Indiana banks and credit unions have been targeted with class action lawsuits based on their overdraft fee practices (“Overdraft Cases”), their non-sufficient funds (“NSF”) fee practices (“NSF Cases”), or in many instances, both. While many of these…
Indiana Supreme Court Affirms Freedom of Contract Principles in Closely Held Company Valuation Case: Choose Your Words Carefully
On January 28, 2021, the Indiana Supreme Court affirmed freedom of contract principles and upheld discounts of over thirty percent in the fair market valuation of shares in a dispute over the buyback provision in a shareholder agreement among all of the shareholders of a closely held company. In …
Virtual Discovery: New Considerations in the New Normal
The “new normal” brought on by the Covid-19 pandemic has ushered in the era of virtual meeting technology and other connective platforms as substitutes for in-person communication. Platforms such as Zoom, Microsoft Teams, Skype, Webex, Google Hangouts, and GoToMeeting have become mainstays in the…