Litigation
Posted by:
Elizabeth M. Roberson and Matthew C. Branic
on July 27, 2021
The “new normal” brought on by the COVID-19 pandemic has ushered in the era of virtual meeting technology and other connective platforms as substitutes for in-person communication. Platforms such as Zoom, Microsoft Teams, Skype, Webex, Google Hangouts, and GoToMeeting have become mainstays in the…
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Posted by:
Micah J. Nichols and William J. Barkimer
on May 26, 2021
Recently, the Indiana Court of Appeals issued an opinion that offers some guidance on how to properly change a joint account with rights of survivorship while living.
In Solomon v. Lindsey, 163 N.E.3d 302 (Ind. Ct. App. 2020), Paul Martin (“Martin”) opened an account with Rydex Series Trust. On the…
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April 23, 2021
Indiana Governor Holcomb signed Senate Enrolled Act 370 into law yesterday, providing a clear restatement of the statute of limitations to be applied for purposes of resolving disputes regarding deposit accounts. As we have written extensively over the past two years, Indiana’s banks and credit…
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Posted by:
Scott S. Morrisson, Brett J. Ashton, and Blake P. Holler
on April 7, 2021
The TCPA Issue
There has been a significant amount of litigation over the past few years regarding the Telephone Consumer Protection Act (“TCPA”) on the issue of whether banks or credit unions are violating the TCPA when they call their customers using certain automatic telephone…
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Posted by:
Robert A. Anderson and Marc T. Quigley
on February 10, 2021
Athenahealth, Inc. (“Athena”), an electronic health records (“EHR”) vendor, recently paid $18.25 million to settle allegations that it violated the False Claims Act by using extravagant gifts to persuade prospects to buy its electronic medical record system. In its Complaint, the government did not…
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Posted 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 the shareholders of a closely held company. In …
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Posted by:
Matthew C. Branic and Elizabeth M. Roberson
on October 8, 2020
The “new normal” brought on by the Covid-19 pandemic has ushered in the era of virtual meeting technology and other connective platforms as substitutes for in-person communication. Platforms such as Zoom, Microsoft Teams, Skype, Webex, Google Hangouts, and GoToMeeting have become mainstays in the…
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Posted by:
Scott S. Morrisson and Matthew D. Neumann
on May 10, 2020
There has been a steady stream of commentary about insurance coverage issues and COVID-19. Most of the commentary has appropriately focused on first-party coverages, in particular Business Interruption or Business Income coverages. First-party coverages and business interruption losses can and will…
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Posted by:
Marc T. Quigley and Elizabeth M. Roberson
on April 27, 2020
The federal government has offered several resources to aid those impacted by the COVID-19 pandemic. But such resources, including the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security (CARES) Act, if misused or fraudulently obtained, could…
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