Articles

Hadley: E-Discovery — a new sporting contest in criminal prosecutions

Among the hot-button political issues of our time is criminal justice reform. Critics rightly point out that the system at the state and federal levels can marshal its extensive resources to target poor and marginalized communities. Although such abuses receive extensive commentary in the press, less focus is devoted to the potential for governmental abuse in prosecuting white-collar crime.

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Cunningham: Financial experts bridge the gap between causation, damages

In civil litigation, causation is a critical element in establishing the plaintiff’s cause of action by linking the defendant’s alleged misconduct to the claimed economic harm. Because of this linkage between causation and damages, qualified financial experts are often in a position to provide analyses to the trier of fact that can assist in deciding whether the causal link has been proven by the plaintiff.

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Shives & Leagre: Use technology to improve your legal writing

Technology can be a boon for your writing if you know how to use it, but knowing how to use it is key. Today’s built-in and add-on programs may help improve your writing without the obvious use of assistive software. The end result may just be a more persuasive, clear, and concise written product.

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Law Student Outlook: Mental health and the legal profession

As 2Ls who recently, and very thankfully, came out of a challenging season of firm recruitment successfully, a small fraction of that stress is no longer weighing on us, but that does not change the overall mental health landscape typical of law school. Beyond that, the workplace culture that we will enter upon graduating and passing the bar is nearly guaranteed to continue that cycle.

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Law: Ben Franklin and the U.S. Tax Cuts and Jobs Act of 2017

As part of the U.S. Tax Cuts and Jobs Act of 2017, socially conscious investors now have the opportunity to defer or even avoid taxes on capital gains received from the sale or exchange of an investment. Under the new tax benefit, investors can defer tax on prior capital gains if their prior capital gains are invested in a Qualified Opportunity Fund.

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DTCI: Do we have to pay a price to practice law and have it all?

Do we all feel like we are drowning? Probably not, or at least I hope not. Some days I definitely feel like I have it all together. But what can we all do to help each other — and not just defense attorneys, but all members of the Indiana bar — during those days and weeks when we are struggling?

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Winingham: Unsolicited advice for new lawyers

I have essentially been a “new lawyer” twice — the first time as a newly admitted lawyer in Illinois (Chicago) in 2015, and the second time as a newly admitted lawyer in Indiana (Indianapolis) in 2017. So, if I know anything, it’s what it feels like to be a new lawyer. This has provided me with some perspective on what a new lawyer can do to help him or herself get ahead of the curve.

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Rosio: Levels of business valuation and unique situations

Understanding the conclusions reached in a business valuation report requires a basic knowledge of the economic theory underpinning the generally accepted valuation approaches. Familiarity with the concept of levels of value will also aid in understanding the conclusions reached by a BV professional.

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Retzner: Estate planning for the newly “adult” children

Very few people consider the legal needs of their now-“adult” son or daughter. Absent a power of attorney or other delegation of authority, however, you may not be able to act on your child’s behalf with respect to his or her health care or financial affairs if he or she becomes incapacitated, or just needs assistance.

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