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Indiana Financial Institutions Continue to be Targeted in Class Action Overdraft and NSF Lawsuits

By: Brett J. Ashton, Libby Yin Goodknight, Mark J.R. Merkle, Kay Dee Baird, and Scott S. Morrisson on February 3, 2021

Over the past two years, no fewer than seventeen Indiana banks and credit unions have been targeted with class action lawsuits based on their overdraft fee practices (“Overdraft Cases”), their non-sufficient funds (“NSF”) fee practices (“NSF…

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…

Emergency Public Works Project? In Addition to Obtaining Bids, Declare the Emergency on the Record.

By: Christopher W. Bloomer and Robert S. Schein on February 1, 2021

Political subdivisions and their agencies occasionally find themselves faced with an emergency public works project. Because time is of the essence during an emergency, it may be difficult, if not impossible, for the political subdivision or agency…

Partner C. Daniel Motsinger Named as a 2021 Illinois Super Lawyer; Alexander E. Porter Named as a 2021 Illinois Super Lawyers Rising Star

January 29, 2021

Krieg DeVault is pleased to announce that Partner C. Daniel Motsinger has been named to the 2021 Illinois Super Lawyers listing and Attorney Alexander E. Porter has been named to the 2021 Illinois Super Lawyers Rising Stars listing – both in the…

Is Your Non-Compete Buy-Out Reasonable?

By: Thomas N. Hutchinson, Robert A. Anderson, and Amy J. Adolay on January 27, 2021

As we reported previously, earlier this year, the Indiana Legislature passed House Bill 1004, which created a new law affecting physician noncompete agreements and physician separations codified at Indiana Code 25-22.5-5.5 that went into effect on…

Show Me the Records: OCR Holds Providers Accountable Under HIPAA Right of Access Initiative

By: Stacy Walton Long and on January 27, 2021

As if to underscore Health and Human Services’ (“HHS”) commitment to electronic medical record interoperability and against information blocking, OCR closed out 2020 with a sweeping number of enforcement actions under its HIPAA Right of Access…

IRS Provides Further Temporary Relief for LIHTC Projects Due to COVID-19

By: Scott C. Frissell and Kendall A. Schnurpel on January 20, 2021

In response to the ongoing COVID-19 pandemic, the IRS recently released Notice 2021-12, extending temporary relief from certain requirements for qualified low-income housing projects and qualified residential rental projects that was previously…

Cannabis in Indiana: Where Do Things Stand Today?

By: Kendall A. Schnurpel on January 19, 2021

Within the past two months, there has been a flurry of activity in the cannabis space, including continued litigation over Indiana’s hemp laws,1  the release of Indiana’s 2021 hemp grower/handler application by the Office of Indiana State Chemist &…

Does Retention of Property Violate the Automatic Stay in Bankruptcy? The Supreme Court Weighs In.

By: Alexander E. Porter and C. Daniel Motsinger on January 19, 2021

On January 14, 2021, the Supreme Court of the United States resolved a circuit split by unanimously holding that the “mere retention of property” by a creditor after the time a debtor files its bankruptcy petition does not violate the automatic stay…

2021 Hemp License Application Now Available Online

By: Kendall A. Schnurpel on January 19, 2021

Earlier this month, the Office of the Indiana State Chemist (“OISC”) began accepting applications for licenses to commercially grow and process hemp using its new online licensing software (the “Application”). The new Application is live following…

It is Time to Consider Revising Your Employee Non-Solicitation Provisions

By: Scott S. Morrisson on January 14, 2021

Employment agreements frequently contain restrictions that disallow a departing employee from soliciting former employees and co-workers to join the employee’s new employer.  These restrictions are also referred to as “non-poaching” employee…

MFAR Dies, but Not Without Leaving a Trace- New Supplemental Payment Reporting

By: Meghan M. Linvill McNab and Amanda K. Schipp on January 14, 2021

As we previously reported, on September 14, 2020 CMS Administrator Seema Verma announced, via a tweet, that CMS was withdrawing the proposed rule titled “Medicaid Fiscal Accountability Rule” (“Proposed Rule”).  While the Proposed Rule was marketed as…

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