Articles

Reed: “Why do I need to have a premarital agreement?”

For those who are legal counselors to families, you have heard objections many times when the parents have told their adult daughter (or son) that they need to have a premarital agreement. The child is in love. She has found the person with whom she will spend the rest of her life. The person with whom she will raise a family. There is no possible way they would ever divorce, so why does she need a premarital agreement? The simple answer — she needs one!

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Technology Untangled: Videoconferencing made easier with Zoom

I was recently asked to facilitate an IP videoconferencing deposition with an ophthalmologist. He was located close to our office, so the plan was for him to come to us. However, his schedule was so tight that the plan changed. Could we do the videoconference from his office? With Zoom and a laptop, yes, we could. I packed up a camera, microphone and computer and went to his office to perform a test.

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Maley book review: Unique litigation treatise gets valuable updates

In reviewing the most recent edition of “Business and Commercial Litigation in Federal Courts,” John Maley writes that no other book gives such practical and integrated treatment to procedural and substantive law in areas frequently encountered by federal commercial litigators.

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Stafford: Resolve to honor attorneys who honor the law

In this season of reflection, I hope you’ll think about friends and colleagues who live up to and exceed the legal profession’s loftiest ideals. Think of those who embody the very best of what it means to be a great lawyer. Those are the people we seek to honor in Indiana Lawyer’s 2019 Leadership in Law Awards.

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Hopper: Who’s responsible for law practice succession planning?

How does the legal community at large continue to provide and expand high-quality legal services to all Indiana communities? What role should law practice succession planning play in ensuring that people, businesses, governmental and nonprofit organizations’ legal needs are competently addressed?

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Brown: Is a taco a sandwich? This IP question isn’t patently absurd

I was reminded recently of a client who came to see me with drawings of a chair he had designed, and he wanted to protect it. As we looked at the design and mulled over the possible ways others might find value in it, it became clear that the chair might fit into multiple IP buckets — or perhaps none at all.

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Hart: Trade secret protection requires customized measures

Because there is “no one size fits all” analysis to determine whether something qualifies as a trade secret — including whether its owner took reasonable measures to protect it — a lawyer tasked with protecting a client’s trade secrets must be intimately familiar with the client’s protectable interests.

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Dreyer: Seven hopes on a judicial holiday wish list

As we complete a long, complicated year, my great judge journey leads me to a wish list. While wish lists are not uncommon for gift-giving season, or the start of a new year, this one is intended for regular rumination.

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Neutral Corner: Why did trials ‘vanish,’ and what is the lesson for mediation?

In his article, “The Disappearance of Civil Trial in the United States,” Yale Law School professor John H. Langbein explored the factors leading to civil trials having all but “vanished.” He concluded that the largest single cause of the decline in the number of jury trials was the robust and extensive fact discovery promoted, if not mandated, by the adoption of the Federal Rules of Civil Procedure.

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Start Page: Untangle your many logins with a password manager

Christmas is just around the corner. You finally have a couple of days off to binge watch that Netflix show you’ve been hearing about, only to be asked to enter your password. You fiddle with the remote to type in the password in vain. So much for goodwill toward men. Thankfully, there’s a solution to this challenge: a software-based password manager.

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