Articles

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Keeping client relationships on track

As the Indianapolis Motor Speedway celebrates the 100th running of the Indianapolis 500, its legal partner has its own milestone with the track. It’s one of several firms marking significant anniversaries this year.

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Surgery centers sue No.1 insurer UnitedHealthcare

Several Indiana surgery centers are suing the nation’s largest health insurance company, claiming it violated state and federal law by failing to pay for services the centers’ doctors provided to patients. In a similar lawsuit against the insurer, a key dispute is what the word “pay” means.

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Biederman and Burke: Quality ESI governance good strategy

Good information governance entails creating processes by which companies can reduce the amount of unnecessary data they keep while using the remainder more efficiently. It consists of a set of interwoven policies carefully designed to help companies defensibly and responsibly reduce the amount of their useless data while being mindful of their regulatory and business requirements to keep data for specified periods of time.

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Long-distance depositions

Technological advances in teleconferencing are making video depositions a more viable option to control litigation costs, but lawyers say in some cases there’s no substitute for in-person questioning.

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DTCI: A baby boomer responds to the millennial generation

Let’s put this in a little intergenerational perspective. Many boomers don’t think millennials are sufficiently committed to their jobs and their futures with their employers. To whatever extent boomers are “disappointed” in millennials, that is a fraction of the disappointment, generally speaking, the Greatest Generation (the boomers’ parents) had in so many young boomers about 40-50 years ago.

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Attorneys feel at home with virtual practices

Lawyers like Kenneth Riggins use virtual practices to reduce their overhead, while technology allows them to practice from anywhere. Many arrange to have access to office space they can use when they need it.

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Indiana Judges Association: Are we heading toward a ‘gig’ legal profession?

Changes in the legal landscape are of course parallel to what is happening everywhere. Lawyers used to function and prosper well during any economic or social circumstances. Law firms seemed to be immune to barriers and uncertainties facing other business entities. But today, as Jerry Garcia once wrote, “if the thunder don’t get ya, the lightnin’ will.”

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Dean’s Desk: Anatomy of a decision to start a tax clinic

Notre Dame Law students will soon have the opportunity to learn tax law by practicing it under the close supervision of full-time expert faculty. It is an exciting development for all of us at the law school. Moreover, at a time of straitened budgets, we have secured financing from the IRS for the clinic, a Low Income Taxpayer Clinic.

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Opinions May 16, 2016

Indiana Court of Appeals

BSA Construction LLC v Jimmie E. Johnson
49A02-1506-CT-749
Civil Tort. Affirms summary judgment for Jimmie Johnson after the Court of Appeals found Johnson did not owe BSA a duty of care after he appraised a property for less than the agreed-upon purchase price. Johnson cannot serve both the bank that hired him and BSA because of conflicting interests.

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Appraiser has no duty of care to real estate seller

The Indiana Court of Appeals ruled an appraiser has no duty of care to a seller after he appraised a house for much less than the proposed purchase price. The COA upheld summary judgment for the appraiser in a case where the seller alleged negligence, fraud and slander of title.

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Justices deadlock 2-2 on transfer in two cases

The Indiana Supreme Court deadlocked on one case after oral arguments and denied transfer to another after a 2-2 vote in the court’s list of transfer dispositions for the week ending May 13. The split vote in the absence of a fifth justice reinstates rulings of the Indiana Court of Appeals.

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