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Indiana Supreme Court Affirms Freedom of Contract Principles in Closely Held Company Valuation Case: Choose Your Words Carefully

By: Robert A. Greising and Virginia A. Talley on February 2, 2021

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 …

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Virtual Discovery: New Considerations in the New Normal

By: Matthew C. Branic and Elizabeth M. Roberson on October 8, 2020

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…

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If Our Company Gets Sued Because of COVID-19, Will We be Covered by Insurance?

By: Scott S. Morrisson and Matthew D. Neumann on May 10, 2020

There has been a steady stream of commentary about insurance coverage issues and COVID-19.  Most of the commentary has appropriately focused on first-party coverages, in particular Business Interruption or Business Income coverages.  First-party coverages and business interruption losses can and will…

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Beware of the Strings Attached To The Receipt of FFCRA, CARES Act, and Other Federal Funding During the COVID-19 Crisis 

By: Marc T. Quigley and Elizabeth M. Roberson on April 27, 2020

The federal government has offered several resources to aid those impacted by the COVID-19 pandemic. But such resources, including the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security (CARES) Act, if misused or fraudulently obtained, could…

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Q & A on Directors & Officers Insurance: Coverage for Liability due to COVID-19

By: Judy L. Woods and on April 5, 2020

The coronavirus of 2019 (COVID-19) has affected all businesses in one way or another. For public and privately held companies, a big question arises: what liability does the company have?  If an employee, customer, shareholder, or third-party sues the company or the company’s officers and directors…

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