Are you (or your clients) involved in business litigation? In many cases, the best course of action will be to identify the issues and facts, and then to use mediation in an attempt to resolve the business matter before costs get unjustifiably out of hand. Our attorneys have years of experience in representing clients in business disputes and in mediation, as well as conducting mediations.  We bring this collective experience to business mediations in helping

Mediation is a process whereby a third party – called the “mediator” or “neutral”- works with opposing parties in a dispute or litigation to try to help the parties resolve their matter prior to trial.  The mediator is not a judge, and does not have any authority to render a judgment with respect to the outcome or dispute. The Advantages of Mediation The advantages of mediation include: Faster possible resolution.  Often, it can take a

What are Subchapter S Corporations, and What Owners are Eligible? Perhaps you are starting a business, and have heard about a popular type of business entity known as a “subchapter S corporation.”  What, you may wonder, is a subchapter S corporation, and how is it different than a “regular” corporation?  And, is my business eligible? The Legal Rights of a Subchapter S Corporation and Taxation Legally, a subchapter S corporation is exactly the same is

How are Subchapter S Corporations Taxed? Subchapter S corporations are not taxed on income at the corporate level.  Instead, net income (or losses) are allocated to the shareholders in proportion to each shareholder’s share ownership, and then each person is taxed on the profits (or will have a deduction for losses).  Let’s consider an example: Suppose a subchapter S corporation makes $100 in a year, and there are 4 equal shareholders, each of whom own

What Needs to be Done to Preserve Limited Liability Protection? Indiana and other states provide that the owners of corporations and limited liability companies (shareholders and members, respectively) generally will not have any personal liability for business debts.  The law treats such businesses as separate legal entities, and this limited liability protection is a very important reason that most business owners will be better off by forming their business as a corporation, limited liability company,

Non-Compete and Non-Solicitation Agreements – What are the Enforceability Limits? The courts have long held that businesses have a legitimate interest in protecting critical assets, including non-public ways in which they conduct business and valuable customer and client lists.  Similarly, courts have also held that employees have a legitimate interest in not having their employment opportunities eliminated through prohibitive agreements that may be required by employers. What, then, is the outcome when an employer attempts

Business Purchases and Sales – Stock vs. Asset Sales There are two primary ways that a business can be acquired – through the purchase of all of the stock (or other equity interests) of a business, or through the purchase of the assets of a business. This blog posting briefly describes the differences in each of these approaches, but does not cover all aspects that should be considered.  In all cases, if you are considering

In the most recent post on this blog, I discussed  Zavodnik v. Harper, 17 N.E. 259 (Ind. 2014)  in which the Indiana Supreme Court delineated what it considered reasonable restrictions on a Pro Se litigant. In this same case, the Supreme Court made a second ruling which I find  quite helpful in dealing with both Pro Se litigants and litigants represented by an attorney (maybe your own client) who are disgruntled by the Judge’s decision

The Indiana Supreme Court recently provided some guidance on how to deal with Pro Se litigants who are using the judicial system to abuse, harass or clog the system with frivolous claims.  In Zavodnik v. Harper, 17 N.E. 259 (Ind. 2014), the court was dealing with a “prolific, abusive litigant” with 123 cases appearing under his name on the Odyssey system (almost all were filed since 2008) in addition to 34 cases at the appellate level.

In light of the 2013 case finding that a guardian could not file for divorce (which shocked a lot of practitioners), the legislature amended the guardianship statute to expressly allow this effective 7/1/14. IC 29-3-6-3 (a) (5) now provides that a guardian has the authority to file: “a petition to request the authority to petition for dissolution of marriage, legal separation, or annulment of marriage on behalf of the protected person as provided in I.C. 29-3-9-12.2.”

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