

Stephen A. Studer
Partner
Offices: South Bend / Mishawaka, Chicago
sstuder@kdlegal.com
p: 574-277-1207
f: 574-277-1201
m: 574-286-5445
Stephen Studer serves as the firm’s Executive Partner of the North Central Indiana Regional Office. He has previously served on the firm’s Executive Committee, Department Chair for Corporate & Transactional Services, and as its Marketing Partner. He regularly advises financial institutions, corporate, health care, government and commercial real estate clients in connection with their legal requirements.
Mr. Studer has extensive experience in advising buyers, sellers, lenders, lessors and lessees and developers in negotiating the acquisition, sale and development of commercial real estate properties, including properties that may have environmental issues associated with them. Mr. Studer has also helped form, and continues to advise, government entities such as regional water and sewer districts, conservancy districts, and presently acts as counsel to the Northern Indiana Regional Development Authority.
He regularly advises, counsels and represents corporate, real estate, health care and government clients on strategic business issues, development opportunities, corporate governance and general business issues. In addition, Mr. Studer has represented clients in connection with permitting, compliance and enforcement issues with numerous federal and state agencies.
His prior experience includes acting as in-house counsel with major multi-national corporations and as a partner with several prominent firms in private practice. In addition, Mr. Studer is an Adjunct Professor for the University of Notre Dame Law School where he teaches a Commercial Real Estate Development & Financing course and also serves as an Adjunct Professor of Law for the Notre Dame Fitzgerald Institute of Real Estate.
Representative Experience
- Lead lawyer in connection with $12 Million sale of multi-state business to publicly-traded Australian company
- Represented client in connection with the purchase, financing and conversion of a 100,000 square foot former shopping center into new multi-specialty medical office complex
- Successfully represented client in controversial rezoning of property to permit the construction of an automobile shredder
- Negotiated federal Consent Decree resulting in approximately $2 million in reduced remediation costs and civil penalties, including taking the matter to the U.S. Court of Appeals for the Seventh Circuit and the U.S. Supreme Court
- Successfully represented property owner in obtaining state and federal permits in connection with relocation and renovation of a native trout stream in connection with the construction of a championship golf course
- Represented city in connection with the demolition of 57 buildings and over two million square feet of abandoned buildings, including negotiation of first of its kind prospective purchaser agreement with the U.S. EPA, all demolition contracts, real estate work and other related matters
- Represented municipality in U.S. EPA matters and demolition contracts in connection with demolition of historic brownfield site, including numerous buildings resulting in clearing nearly 80 acres of property to make ready for redevelopment
- Filed first appeal under Indiana's Excess Liability Fund Act on behalf of Arizona company with Indiana operation, resulting in granting of Motion for Judgment on the pleadings in the client's favor, including successful appeal to Indiana Court of Appeals
- Negotiated Consent Decree with U.S. EPA, Region V, for client accused of improper labeling under FIFRA, resulting in fines being reduced by two-thirds
- Successfully obtained tri-partite agreement with U.S. Army Corps of Engineers, The Nature Conservancy and an Illinois municipality, whereby the client was able to expand his business by filling in a mitigated wetland in exchange for purchasing native Illinois prairie grasses in a neighboring community and donating them to The Nature Conservancy
- Successfully represented Indiana city in connection with a case of first impression in defeating plaintiffs' claim of a riparian "right to a view" and inverse condemnation claims when city installed a pedestrian bridge in connection with city riverfront redevelopment project, including successful appeal to Indiana Court of Appeals
- Was a principal lawyer in connection with the sale of a U.S. financial institution for $425 million in cash to a Japanese bank, the largest transaction of its kind at the time
- Was a principal lawyer in negotiating the sale of a bank holding company to another bank holding company for $275 million
Representative published opinions in which Mr. Studer appeared as counsel of record include:
- U.S. v. Rueth Development Co., 189 F. Supp.2d 874 (N.D. Ind., 2001); 335 F.3d 598 (7th Cir. 2003); 540 U.S. 1050, 124 S.Ct. 835, 157 L. Ed. 2d 699 (U.S. Supreme Ct., cert. denied, 2003)
- Center Townhouse Corp. v. City of Mishawaka, 882 N.E. 2d 762 (Ind. Ct. App. 2008)
- Indiana Dept. of Environmental Management v. Twin Eagle LLC, 798 N.E.2d 839 (Ind. Supreme Ct. 2003)
- Indiana Dept. of Environmental Management v. Adapto, Inc., 717 N.E. 2d 646 (Ind. Ct. App. 1999)
Seminars & Presentations
- Guest Panelist, Certified Commercial Investment Member (CCIM) Institute Seminar, "Commercial Real Estate," South Bend, Indiana
- Faculty member, Planning & Zoning, Indiana Continuing Legal Education Foundation
- Speaker, “Bridging Economic Development and Environmental Protection,” Indiana Brownfields Conference
- Chair, "Advanced Environmental Law," Indiana Continuing Legal Education Forum
- Faculty member, "Annual Real Estate Institute," Indiana Continuing Legal Education Forum
- Co-chair, "Advanced Environmental Law," Indiana Continuing Legal Education Forum
- Faculty member, "Advanced Environmental Law," Indiana Continuing Legal Education Forum
- Presenter, "Recent Developments in Wetland Law," Illinois Association of Aggregate Producers 33rd Annual Convention
- Speaker, Environmental Workshop, Old Kent Bank, Kalamazoo, Michigan
- Speaker, "What You Need to Know About Wetlands Regulations," Joint Seminar with J.F. New & Associates, University of Notre Dame
- Panelist, "Mishawaka River Center," Indiana Planning Association Conference
- Speaker, "Environmental Law for Bankers: Covering Your Assets," 1st Source Bank
- Faculty member, "Major Land Use Laws in Indiana," National Business Institute, Inc.
- Speaker, "Brownfields," Manufacturers' Education Council, 8th Annual Business & Industry's Environmental Symposium, Cincinnati, Ohio
- Speaker, "Wetland Regulations," Central Indiana Technical & Environmental Societies, Annual Environmental Symposium, Greenwood, Indiana
- Speaker, "Brownfields," CLE International Conference, Indianapolis and Chicago
- Speaker, "Sports Turf: Is Your Field Safe from Legal Liability?" and "Gold Turf: Spikeless Shoes and Other Potential Liabilities," Midwest Regional Turf Foundation Conference, Indianapolis
- Speaker, St. Mary's College, Notre Dame, Indiana
- Speaker, "Legislative & Legal Update on Environmental and Land Use Issues," Indiana Society of Professional Land Surveyors Annual Convention
- Faculty member, "Major Land-Use Laws in Indiana," National Business Institute, Inc., Programs
- Faculty member, "Boundary Law in Indiana," National Business Institute, Inc.
- Faculty member, "Real Estate," Indiana Continuing Legal Education Forum
- Speaker, Notre Dame Environmental Law Society
- Faculty member, "Advanced Real Estate Law in Indiana," National Business Institute, Inc.
- Speaker, "Site Assessment Process," Michiana Area Construction Industry Advancement Fund
Publications
- Co-author, "Helping Indiana Cities and Towns Pursue Brownfield Cleanups"
- Author, "Wetlands and Recent Case Law: Twin Eagle and Other Recent Decisions"
- Co-author, "Indiana Court Prohibits IDEM Regulation of Wetlands Not Subject to Federal Jurisdiction"
- Author, "Major Clean Water Act Decision by U.S. Supreme Court"
- Author, "The 2001 Tulloch Rule: New and Revised"
- Author, "Environmental Site Assessments: Get a Good Attorney, Too," Indiana Business Magazine
- Author and Speaker, "Environmental Law for Bankers," prepared for and presented to KeyBank National Association
- Co-Author, "Environmental Site Assessments: An Integrated Approach," Environmental Site Assessment Conference, National Ground Water Association
Professional Associations
- Fitzgerald Institute for Real Estate (Adjunct Professor)
- Indiana Association of Cities and Towns
- St. Joseph County Bar Association (Member)
- Indiana State Bar Association (Member)
- American Bar Association (Member National Resources, Energy, and Environmental Law, and Health Law Sections)
- Michigan State Bar Association (Member) Environmental Law and Real Property Law Sections, Michigan (Member)
- Illinois Association of Health Care Attorneys (Member)
Awards & Recognitions
- Best Lawyers In America©, Environmental Law, 2009-2020
- Best Lawyers In America©, Real Estate Law, 2013-2020
- Indiana Super Lawyers, Real Estate, 2006, 2010-2020
- Indiana Bar Foundation (Life Fellow)
- Notre Dame Scholar
Education
- J.D., Loyola University Chicago School of Law, Chicago, Illinois, 1976
- A.B. in Government and International Relations, University of Notre Dame, Notre Dame, Indiana, 1973
Bar & Court Admissions
- Indiana (1992)
- U.S. District Court for the Northern District of Indiana (1992)
- Illinois (1976)
- U.S. Supreme Court (1980)
- U.S. Court of Appeals 7th Circuit (1979)
- U.S. District Court for the Northern District of Illinois (1976)
- U.S. Court of Appeals 6th Circuit (1993)
- U.S. District Court for the Western District of Michigan (1993)
- Michigan (1992)
Practices
Industries

Golfing

Reading

Bicycling
Real Estate

Changes to the Indiana Sales Disclosure Form Effective January 1, 2021
December 28, 2020
Real Estate

Section 1031 Exchanges: Final Regulations Issued for Definition of Real Property
December 17, 2020
Secured Lender

CFPB Issues Finalized Changes To Regulation F To Implement The Fair Debt Collection Practices Act
December 16, 2020
Health Care

Don't Lose Focus on Your Compliance with Important COVID-19 Requirements
November 16, 2020
Secured Lender

Indiana Supreme Court Further Extends Partial Protection of CARES Act Recovery Rebates
November 12, 2020
Health Care

CMS's Dramatic Price Transparency Rule Set to Take Effect January 1, 2021
October 23, 2020
Health Care

Patient May Raise Vicarious Liability of Hospital for Unnamed Physicians in Medical Review Panel Submission
October 23, 2020
Labor and Employment

Unpacking Schrems II: The Demise of the EU-U.S. Privacy Shield
October 20, 2020
Health Care

Anesthesiologist's Business Card Given to Patient on Morning of Surgery Probably Won't Absolve Hospital of Liability
October 19, 2020
Health Care

Helping Hoosiers: Indiana Extends Flexibility on Temporary Licensing of Health Care Workers
October 7, 2020
Education and School Law

Educate Your School: K-12 Public School Compliance with Federal Civil Rights Laws In the COVID-19 Environment
October 1, 2020
Secured Lender

IRS Instructs Lenders not to File Form 1099-C for Forgiveness of Paycheck Protection Program Loans
October 1, 2020
Health Care

Nursing Homes: Immediate Enforcement Action and New COVID-19 Testing and Reporting Requirements
September 2, 2020
Health Care

Check Before You Repay: CMS Contractors' Overpayment Extrapolation Methods Questioned
September 2, 2020
Education and School Law

COVID-19 Enforcement Plan Compliance Alert: K-12 Educational Institutions and Indiana's Face Covering Mandate
July 31, 2020
Secured Lender

Moratorium on Indiana Residential Foreclosures and Evictions Extended Through August 14, 2020
July 31, 2020
Health Care

OCR Seeks Balance Between COVID-19 Precautions and Fundamental Religious Liberties
July 29, 2020
Health Care

Don't Be Surprised by Indiana's New Surprise Billing Requirements Effective July 1, 2020
July 14, 2020
Health Care

IRS Adds Frequently Asked Questions Addressing Taxation of Provider Relief Payments
July 14, 2020
Secured Lender

Seventh Circuit Court of Appeals Reaffirms the Necessity of Adhering to the Bankruptcy Code Text
July 14, 2020
Secured Lender

Reminder: Post-Judgment Interest on Indiana State-Court Judgments Tolled Until August 15, 2020
July 14, 2020
Financial Services

US Supreme Court Rules Structure of the CFPB Unconstitutional, Preserves Bureau's Authority to Operate
June 30, 2020
Real Estate

New Change to the Indiana Code Requires Additional Signature by Witness on All Recorded Documents
June 24, 2020
Secured Lender

A Bankruptcy Court Weighs In: Do Force Majeure Clauses Excuse Commercial Tenants from Paying Rent?
June 23, 2020
Secured Lender

Eviction and Foreclosure Moratoriums Extended to August 31, 2020 for Federally-Backed Mortgages
June 17, 2020
Secured Lender

Changes are Coming to the Indiana Consumer Credit Code - Are you Ready?
June 15, 2020
Secured Lender

TILA and the Right of Rescission: Illinois Adopts One-Year Limitation Period
June 10, 2020
Financial Services

OCC Issues Advance Notice of Proposed Rulemaking Regarding Digital Banking Activities
June 8, 2020
Secured Lender

A Hospital's Bankruptcy Filing Dramatically Changes the Equation for Medical Providers
June 8, 2020
Secured Lender

Indiana Supreme Court Extends Partial Protection of CARES Act Recovery Rebates
May 31, 2020
Education and School Law

IRS Releases FAQs on Tax Treatment of Higher Education Emergency Relief Fund and Emergency Financial Aid Grants under CARES Act
May 10, 2020
Education and School Law

Title IX Regulations Issued By The U.S. Department Of Education: Implications for Educational Institutions
May 7, 2020
Secured Lender

Illinois Eviction Moratorium: Relief Extended to Non-Residential Tenants
April 28, 2020
Secured Lender

COVID-19 and Supplemental Proceedings: Illinois Supreme Court Provides Guidance
April 28, 2020
Secured Lender

COVID-19 and the Mortgage Industry: Embracing the Virus on the Legislative and Regulatory Front
April 26, 2020
Financial Services

Paycheck Protection Program and Health Care Enhancement Act Update
April 21, 2020
Secured Lender

Indiana Supreme Court Orders Partial Protection of CARES Act Recovery Rebates Payments
April 20, 2020
Education and School Law

New Threat on the Horizon for Schools, Colleges, and Universities: Class Action Lawsuits for Return of Tuition
April 19, 2020
Health Care

CMS Announces Recommendations for Reopening Facilities to Provide Non-Emergent Health Care
April 19, 2020
Financial Services

Interagency Statement on Loan Modifications and Reporting for Financial Institutions
April 14, 2020
Real Estate

CARES Act Provides 100% Bonus Depreciation for Qualified Improvement Property
April 14, 2020
Health Care

OCR Relaxes Enforcement For Pandemic-Related Disclosures of PHI During Public Health Emergency
April 5, 2020
Health Care

Governor Holcomb Waives More Indiana Health Care Laws in Executive Order 20-13 to Address COVID-19
March 30, 2020
Health Care

Indiana Responds to COVID with Changes to Prior Authorization and Telemedicine
March 29, 2020
Health Care

CMS Expands and Makes Advance Medicare Payments More Available to Address Cash Flow Affected by COVID-19
March 29, 2020
Financial Services

The CARES Act: Provisions Directly Affecting Financial Institutions
March 26, 2020
Health Care

The CARES Act: Provisions Relevant to Health Care Providers & Access to Health Care Services
March 26, 2020
Financial Services

A Message from Krieg DeVault LLP's Creditors' Rights and Bankruptcy Practice Group on Our Response to the Coronavirus COVID-19 Pandemic
March 23, 2020
Health Care

CMS and OIG Temporarily Clear Regulatory Obstacles to Expand Telehealth Coverage to Address COVID-19
March 17, 2020
Health Care

OCR Temporarily Lessens HIPAA Requirements for Telecommunications in Wake of COVID-19
March 17, 2020
Firm News

Shelley M. Jackson Joins Krieg DeVault's Health Care and Labor & Employment Practice Groups
February 2, 2020
Financial Services

NCUA Issues Proposed Rule Allowing Some Credit Unions to Issue Subordinated Debt
January 26, 2020
Health Care

Proposed Bill Would Require Medical Bill and Out of Pocket Estimates to Patients
January 9, 2020
Firm News

Krieg DeVault Announces 2020 Partners - Meghan M. Linvill McNab and Shannon L. Noder
January 1, 2020
Firm News

Charles Richert Joins Firm's Financial Institutions and Business, Acquisitions, and Securities Practices
October 1, 2019
Firm News

Krieg DeVault Authors Indiana Chapter of The Secured Finance Network Compendium of Secured Finance Law
September 25, 2019
Thought Leadership

New Wave of Overdraft Fee Class Action Suits Targets Indiana Financial Institutions
September 22, 2019
Thought Leadership

Agencies Adopt Final Rule Excluding Community Banks from Volcker Rule
July 11, 2019
Firm News

Kendall A. Schnurpel to Present at American Health Lawyer's Association Tax Conference
May 30, 2019
Thought Leadership

HHS Announces Changes to Maximum Monetary Penalties for HIPAA Violations
May 21, 2019
Thought Leadership

IRS Updates Racial Nondiscrimination Publication Requirement for 501(c)(3) Private Schools
May 15, 2019
Thought Leadership

Responsibility and Accountability: Thoughts on Board Responsibility in Private, Nonprofit Higher Education
May 6, 2019
Thought Leadership

Is Your Organization in Compliance With IRS Rules on Employer Identification Numbers?
April 29, 2019
Thought Leadership

OCR Concludes Investigation of Allegations that the State of Hawaii Unlawfully Discriminated Against Pregnancy Resource Centers
April 8, 2019
Thought Leadership

Going, Going, Gone - Important Medical Records Considerations for Physicians Planning to Close Their Practice
March 25, 2019
Thought Leadership

HIPAA Violation Leads to Criminal Conviction of Former Patient Coordinator
March 19, 2019
Firm News

Maria M. Vladimirova Joins Krieg DeVault's Financial Institutions Practice Group
March 7, 2019
Thought Leadership

OCR Breaks All-Time Record in 2018 with Final HIPAA Settlement for the Year
February 17, 2019
Thought Leadership

OIG Issues Favorable Advisory Opinion on Waiver of Cost-Sharing Amounts for Charitable Pediatric Care
February 17, 2019
Thought Leadership

Updates to the Office of Inspector General Work Plan and Compliance Website
February 4, 2019
Thought Leadership

Conscience and Religious Freedom Division of the Office of Civil Rights Concludes California Violated Conscience Protection Laws
January 22, 2019
Thought Leadership

HHS Seeks Comments on Changes to HIPAA to Promote Improved Care Coordination
January 7, 2019
Thought Leadership

Responding to Online Patient Reviews: Legal and Practical Considerations for Physicians
January 7, 2019
Thought Leadership

Expanded Medicaid Treatment Options for Individuals with Substance Use Disorder and Serious Mental Illness
December 17, 2018
Thought Leadership

Protecting Patient Information: The Importance of a Business Associate Agreement Under HIPAA
December 13, 2018
Thought Leadership

CMS Rule Reducing Medicare Payments for Certain Clinic Visits by Off-Campus PBDs
December 12, 2018
Thought Leadership

US Department of Justice Announces Changes to Corporate Investigation Protocol
December 12, 2018
Firm News

Brandon W. Shirley selected to Indiana State Bar Association's Leadership Development Academy Class of 2019
December 9, 2018
Thought Leadership

We May Finally Know Whether Being a Tricare Provider Makes One a Federal Contractor
December 3, 2018
Thought Leadership

Important Organizational Safeguards to Manage Healthcare Business Relationships
December 3, 2018
Thought Leadership

Proposed Title IX Regulations From the U.S. Department of Education
December 2, 2018
Thought Leadership

Indiana Court Upholds Department of Financial Institutions Ruling on Auto Dealer Electronic Titling Fees
November 1, 2018
Firm News

Krieg DeVault Welcomes Three New Associates - Alexandria M. Foster, Scott C. Frissell, and Ben Vandeventer
October 22, 2018
Thought Leadership

HHS OIG Recommends Greater Efforts by Medicaid Managed Care Organizations in Identifying and Addressing Medicaid Fraud and Abuse
August 7, 2018
Thought Leadership

Indiana DFI Issues Advisory Letter Reinforcing Position on Dealer Convenience Fees
June 7, 2018
Thought Leadership

President Trump Signs Dodd-Frank Reform Into Law Providing Regulatory Relief to Community Banks
May 29, 2018
Thought Leadership

Update on the May Meeting of the Indiana Commission to Combat Drug Abuse
May 9, 2018
Thought Leadership

Indiana Medicaid Finalizes Rule Changes Affecting Medicaid Home Health Providers
May 9, 2018
Thought Leadership

OCR Issues Guidance on the Performance of a HIPAA Risk Analysis v. a Gap Analysis
May 9, 2018
Thought Leadership

Bipartisan Budget Act Includes Important Changes to Fraud and Abuse Penalties
April 30, 2018
Thought Leadership

Legislation Streamlining Prior Authorization Requirements for Commercial Health Insurance Plans Becomes Law
March 25, 2018
Thought Leadership

Bill Requiring Practitioners to Check INSPECT Before Prescribing Passes House, Senate; Gov. Holcomb to Sign
March 19, 2018
Thought Leadership

CMS Reminder Regarding Services Rendered by Hospitals to Patients Staying in Other Facilities
March 18, 2018
Thought Leadership

Court Determines Debtor's Correct Name on Driver's License for UCC-1 Financing Statement
March 5, 2018
Thought Leadership

OIG Approves of Hospital-Physician Gainsharing Arrangement, But Details Prove Critical
March 4, 2018
Thought Leadership

Recent OCR Resolution Agreement and Corrective Action Plan ... Lessons Learned
February 25, 2018
Thought Leadership

Ability to Prescribe Buprenorphine Expanded to Mid-Level Practitioners
February 25, 2018
Thought Leadership

Is Your Website Compliant with the Americans With Disabilities Act?
February 21, 2018
Thought Leadership

D.C. District Court Clarifies Lab Requirement for Establishing Medical Necessity
February 1, 2018
Firm News

Brett J. Ashton to Speak at the 1st American Financial Services Association Law & Compliance Symposium
January 16, 2018
Thought Leadership

Professional Licensing Changes Benefit Indiana Professional Corporation
January 3, 2018
Stephen Studer serves as the firm’s Executive Partner of the North Central Indiana Regional Office. He has previously served on the firm’s Executive Committee, Department Chair for Corporate & Transactional Services, and as its Marketing Partner. He regularly advises financial institutions, corporate, health care, government and commercial real estate clients in connection with their legal requirements.
Mr. Studer has extensive experience in advising buyers, sellers, lenders, lessors and lessees and developers in negotiating the acquisition, sale and development of commercial real estate properties, including properties that may have environmental issues associated with them. Mr. Studer has also helped form, and continues to advise, government entities such as regional water and sewer districts, conservancy districts, and presently acts as counsel to the Northern Indiana Regional Development Authority.
He regularly advises, counsels and represents corporate, real estate, health care and government clients on strategic business issues, development opportunities, corporate governance and general business issues. In addition, Mr. Studer has represented clients in connection with permitting, compliance and enforcement issues with numerous federal and state agencies.
His prior experience includes acting as in-house counsel with major multi-national corporations and as a partner with several prominent firms in private practice. In addition, Mr. Studer is an Adjunct Professor for the University of Notre Dame Law School where he teaches a Commercial Real Estate Development & Financing course and also serves as an Adjunct Professor of Law for the Notre Dame Fitzgerald Institute of Real Estate.
Representative Experience
- Lead lawyer in connection with $12 Million sale of multi-state business to publicly-traded Australian company
- Represented client in connection with the purchase, financing and conversion of a 100,000 square foot former shopping center into new multi-specialty medical office complex
- Successfully represented client in controversial rezoning of property to permit the construction of an automobile shredder
- Negotiated federal Consent Decree resulting in approximately $2 million in reduced remediation costs and civil penalties, including taking the matter to the U.S. Court of Appeals for the Seventh Circuit and the U.S. Supreme Court
- Successfully represented property owner in obtaining state and federal permits in connection with relocation and renovation of a native trout stream in connection with the construction of a championship golf course
- Represented city in connection with the demolition of 57 buildings and over two million square feet of abandoned buildings, including negotiation of first of its kind prospective purchaser agreement with the U.S. EPA, all demolition contracts, real estate work and other related matters
- Represented municipality in U.S. EPA matters and demolition contracts in connection with demolition of historic brownfield site, including numerous buildings resulting in clearing nearly 80 acres of property to make ready for redevelopment
- Filed first appeal under Indiana's Excess Liability Fund Act on behalf of Arizona company with Indiana operation, resulting in granting of Motion for Judgment on the pleadings in the client's favor, including successful appeal to Indiana Court of Appeals
- Negotiated Consent Decree with U.S. EPA, Region V, for client accused of improper labeling under FIFRA, resulting in fines being reduced by two-thirds
- Successfully obtained tri-partite agreement with U.S. Army Corps of Engineers, The Nature Conservancy and an Illinois municipality, whereby the client was able to expand his business by filling in a mitigated wetland in exchange for purchasing native Illinois prairie grasses in a neighboring community and donating them to The Nature Conservancy
- Successfully represented Indiana city in connection with a case of first impression in defeating plaintiffs' claim of a riparian "right to a view" and inverse condemnation claims when city installed a pedestrian bridge in connection with city riverfront redevelopment project, including successful appeal to Indiana Court of Appeals
- Was a principal lawyer in connection with the sale of a U.S. financial institution for $425 million in cash to a Japanese bank, the largest transaction of its kind at the time
- Was a principal lawyer in negotiating the sale of a bank holding company to another bank holding company for $275 million
Representative published opinions in which Mr. Studer appeared as counsel of record include:
- U.S. v. Rueth Development Co., 189 F. Supp.2d 874 (N.D. Ind., 2001); 335 F.3d 598 (7th Cir. 2003); 540 U.S. 1050, 124 S.Ct. 835, 157 L. Ed. 2d 699 (U.S. Supreme Ct., cert. denied, 2003)
- Center Townhouse Corp. v. City of Mishawaka, 882 N.E. 2d 762 (Ind. Ct. App. 2008)
- Indiana Dept. of Environmental Management v. Twin Eagle LLC, 798 N.E.2d 839 (Ind. Supreme Ct. 2003)
- Indiana Dept. of Environmental Management v. Adapto, Inc., 717 N.E. 2d 646 (Ind. Ct. App. 1999)
Seminars & Presentations
- Guest Panelist, Certified Commercial Investment Member (CCIM) Institute Seminar, "Commercial Real Estate," South Bend, Indiana
- Faculty member, Planning & Zoning, Indiana Continuing Legal Education Foundation
- Speaker, “Bridging Economic Development and Environmental Protection,” Indiana Brownfields Conference
- Chair, "Advanced Environmental Law," Indiana Continuing Legal Education Forum
- Faculty member, "Annual Real Estate Institute," Indiana Continuing Legal Education Forum
- Co-chair, "Advanced Environmental Law," Indiana Continuing Legal Education Forum
- Faculty member, "Advanced Environmental Law," Indiana Continuing Legal Education Forum
- Presenter, "Recent Developments in Wetland Law," Illinois Association of Aggregate Producers 33rd Annual Convention
- Speaker, Environmental Workshop, Old Kent Bank, Kalamazoo, Michigan
- Speaker, "What You Need to Know About Wetlands Regulations," Joint Seminar with J.F. New & Associates, University of Notre Dame
- Panelist, "Mishawaka River Center," Indiana Planning Association Conference
- Speaker, "Environmental Law for Bankers: Covering Your Assets," 1st Source Bank
- Faculty member, "Major Land Use Laws in Indiana," National Business Institute, Inc.
- Speaker, "Brownfields," Manufacturers' Education Council, 8th Annual Business & Industry's Environmental Symposium, Cincinnati, Ohio
- Speaker, "Wetland Regulations," Central Indiana Technical & Environmental Societies, Annual Environmental Symposium, Greenwood, Indiana
- Speaker, "Brownfields," CLE International Conference, Indianapolis and Chicago
- Speaker, "Sports Turf: Is Your Field Safe from Legal Liability?" and "Gold Turf: Spikeless Shoes and Other Potential Liabilities," Midwest Regional Turf Foundation Conference, Indianapolis
- Speaker, St. Mary's College, Notre Dame, Indiana
- Speaker, "Legislative & Legal Update on Environmental and Land Use Issues," Indiana Society of Professional Land Surveyors Annual Convention
- Faculty member, "Major Land-Use Laws in Indiana," National Business Institute, Inc., Programs
- Faculty member, "Boundary Law in Indiana," National Business Institute, Inc.
- Faculty member, "Real Estate," Indiana Continuing Legal Education Forum
- Speaker, Notre Dame Environmental Law Society
- Faculty member, "Advanced Real Estate Law in Indiana," National Business Institute, Inc.
- Speaker, "Site Assessment Process," Michiana Area Construction Industry Advancement Fund
Publications
- Co-author, "Helping Indiana Cities and Towns Pursue Brownfield Cleanups"
- Author, "Wetlands and Recent Case Law: Twin Eagle and Other Recent Decisions"
- Co-author, "Indiana Court Prohibits IDEM Regulation of Wetlands Not Subject to Federal Jurisdiction"
- Author, "Major Clean Water Act Decision by U.S. Supreme Court"
- Author, "The 2001 Tulloch Rule: New and Revised"
- Author, "Environmental Site Assessments: Get a Good Attorney, Too," Indiana Business Magazine
- Author and Speaker, "Environmental Law for Bankers," prepared for and presented to KeyBank National Association
- Co-Author, "Environmental Site Assessments: An Integrated Approach," Environmental Site Assessment Conference, National Ground Water Association
Professional Associations
- Fitzgerald Institute for Real Estate (Adjunct Professor)
- Indiana Association of Cities and Towns
- St. Joseph County Bar Association (Member)
- Indiana State Bar Association (Member)
- American Bar Association (Member National Resources, Energy, and Environmental Law, and Health Law Sections)
- Michigan State Bar Association (Member) Environmental Law and Real Property Law Sections, Michigan (Member)
- Illinois Association of Health Care Attorneys (Member)
Awards & Recognitions
- Best Lawyers In America©, Environmental Law, 2009-2020
- Best Lawyers In America©, Real Estate Law, 2013-2020
- Indiana Super Lawyers, Real Estate, 2006, 2010-2020
- Indiana Bar Foundation (Life Fellow)
- Notre Dame Scholar
Education
- J.D., Loyola University Chicago School of Law, Chicago, Illinois, 1976
- A.B. in Government and International Relations, University of Notre Dame, Notre Dame, Indiana, 1973
Bar & Court Admissions
- Indiana (1992)
- U.S. District Court for the Northern District of Indiana (1992)
- Illinois (1976)
- U.S. Supreme Court (1980)
- U.S. Court of Appeals 7th Circuit (1979)
- U.S. District Court for the Northern District of Illinois (1976)
- U.S. Court of Appeals 6th Circuit (1993)
- U.S. District Court for the Western District of Michigan (1993)
- Michigan (1992)
Practices
Industries
Insights
Real Estate

Changes to the Indiana Sales Disclosure Form Effective January 1, 2021
December 28, 2020
Real Estate

Section 1031 Exchanges: Final Regulations Issued for Definition of Real Property
December 17, 2020
Secured Lender

CFPB Issues Finalized Changes To Regulation F To Implement The Fair Debt Collection Practices Act
December 16, 2020
Health Care

Don't Lose Focus on Your Compliance with Important COVID-19 Requirements
November 16, 2020
Secured Lender

Indiana Supreme Court Further Extends Partial Protection of CARES Act Recovery Rebates
November 12, 2020
Health Care

CMS's Dramatic Price Transparency Rule Set to Take Effect January 1, 2021
October 23, 2020
Health Care

Patient May Raise Vicarious Liability of Hospital for Unnamed Physicians in Medical Review Panel Submission
October 23, 2020
Labor and Employment

Unpacking Schrems II: The Demise of the EU-U.S. Privacy Shield
October 20, 2020
Health Care

Anesthesiologist's Business Card Given to Patient on Morning of Surgery Probably Won't Absolve Hospital of Liability
October 19, 2020
Health Care

Helping Hoosiers: Indiana Extends Flexibility on Temporary Licensing of Health Care Workers
October 7, 2020
Education and School Law

Educate Your School: K-12 Public School Compliance with Federal Civil Rights Laws In the COVID-19 Environment
October 1, 2020
Secured Lender

IRS Instructs Lenders not to File Form 1099-C for Forgiveness of Paycheck Protection Program Loans
October 1, 2020
Health Care

Nursing Homes: Immediate Enforcement Action and New COVID-19 Testing and Reporting Requirements
September 2, 2020
Health Care

Check Before You Repay: CMS Contractors' Overpayment Extrapolation Methods Questioned
September 2, 2020
Education and School Law

COVID-19 Enforcement Plan Compliance Alert: K-12 Educational Institutions and Indiana's Face Covering Mandate
July 31, 2020
Secured Lender

Moratorium on Indiana Residential Foreclosures and Evictions Extended Through August 14, 2020
July 31, 2020
Health Care

OCR Seeks Balance Between COVID-19 Precautions and Fundamental Religious Liberties
July 29, 2020
Health Care

Don't Be Surprised by Indiana's New Surprise Billing Requirements Effective July 1, 2020
July 14, 2020
Health Care

IRS Adds Frequently Asked Questions Addressing Taxation of Provider Relief Payments
July 14, 2020
Secured Lender

Seventh Circuit Court of Appeals Reaffirms the Necessity of Adhering to the Bankruptcy Code Text
July 14, 2020
Secured Lender

Reminder: Post-Judgment Interest on Indiana State-Court Judgments Tolled Until August 15, 2020
July 14, 2020
Financial Services

US Supreme Court Rules Structure of the CFPB Unconstitutional, Preserves Bureau's Authority to Operate
June 30, 2020
Real Estate

New Change to the Indiana Code Requires Additional Signature by Witness on All Recorded Documents
June 24, 2020
Secured Lender

A Bankruptcy Court Weighs In: Do Force Majeure Clauses Excuse Commercial Tenants from Paying Rent?
June 23, 2020
Secured Lender

Eviction and Foreclosure Moratoriums Extended to August 31, 2020 for Federally-Backed Mortgages
June 17, 2020
Secured Lender

Changes are Coming to the Indiana Consumer Credit Code - Are you Ready?
June 15, 2020
Secured Lender

TILA and the Right of Rescission: Illinois Adopts One-Year Limitation Period
June 10, 2020
Financial Services

OCC Issues Advance Notice of Proposed Rulemaking Regarding Digital Banking Activities
June 8, 2020
Secured Lender

A Hospital's Bankruptcy Filing Dramatically Changes the Equation for Medical Providers
June 8, 2020
Secured Lender

Indiana Supreme Court Extends Partial Protection of CARES Act Recovery Rebates
May 31, 2020
Education and School Law

IRS Releases FAQs on Tax Treatment of Higher Education Emergency Relief Fund and Emergency Financial Aid Grants under CARES Act
May 10, 2020
Education and School Law

Title IX Regulations Issued By The U.S. Department Of Education: Implications for Educational Institutions
May 7, 2020
Secured Lender

Illinois Eviction Moratorium: Relief Extended to Non-Residential Tenants
April 28, 2020
Secured Lender

COVID-19 and Supplemental Proceedings: Illinois Supreme Court Provides Guidance
April 28, 2020
Secured Lender

COVID-19 and the Mortgage Industry: Embracing the Virus on the Legislative and Regulatory Front
April 26, 2020
Financial Services

Paycheck Protection Program and Health Care Enhancement Act Update
April 21, 2020
Secured Lender

Indiana Supreme Court Orders Partial Protection of CARES Act Recovery Rebates Payments
April 20, 2020
Education and School Law

New Threat on the Horizon for Schools, Colleges, and Universities: Class Action Lawsuits for Return of Tuition
April 19, 2020
Health Care

CMS Announces Recommendations for Reopening Facilities to Provide Non-Emergent Health Care
April 19, 2020
Financial Services

Interagency Statement on Loan Modifications and Reporting for Financial Institutions
April 14, 2020
Real Estate

CARES Act Provides 100% Bonus Depreciation for Qualified Improvement Property
April 14, 2020
Health Care

OCR Relaxes Enforcement For Pandemic-Related Disclosures of PHI During Public Health Emergency
April 5, 2020
Health Care

Governor Holcomb Waives More Indiana Health Care Laws in Executive Order 20-13 to Address COVID-19
March 30, 2020
Health Care

Indiana Responds to COVID with Changes to Prior Authorization and Telemedicine
March 29, 2020
Health Care

CMS Expands and Makes Advance Medicare Payments More Available to Address Cash Flow Affected by COVID-19
March 29, 2020
Financial Services

The CARES Act: Provisions Directly Affecting Financial Institutions
March 26, 2020
Health Care

The CARES Act: Provisions Relevant to Health Care Providers & Access to Health Care Services
March 26, 2020
Financial Services

A Message from Krieg DeVault LLP's Creditors' Rights and Bankruptcy Practice Group on Our Response to the Coronavirus COVID-19 Pandemic
March 23, 2020
Health Care

CMS and OIG Temporarily Clear Regulatory Obstacles to Expand Telehealth Coverage to Address COVID-19
March 17, 2020
Health Care

OCR Temporarily Lessens HIPAA Requirements for Telecommunications in Wake of COVID-19
March 17, 2020
Firm News

Shelley M. Jackson Joins Krieg DeVault's Health Care and Labor & Employment Practice Groups
February 2, 2020
Financial Services

NCUA Issues Proposed Rule Allowing Some Credit Unions to Issue Subordinated Debt
January 26, 2020
Health Care

Proposed Bill Would Require Medical Bill and Out of Pocket Estimates to Patients
January 9, 2020
Firm News

Krieg DeVault Announces 2020 Partners - Meghan M. Linvill McNab and Shannon L. Noder
January 1, 2020
Firm News

Charles Richert Joins Firm's Financial Institutions and Business, Acquisitions, and Securities Practices
October 1, 2019
Firm News

Krieg DeVault Authors Indiana Chapter of The Secured Finance Network Compendium of Secured Finance Law
September 25, 2019
Thought Leadership

New Wave of Overdraft Fee Class Action Suits Targets Indiana Financial Institutions
September 22, 2019
Thought Leadership

Agencies Adopt Final Rule Excluding Community Banks from Volcker Rule
July 11, 2019
Firm News

Kendall A. Schnurpel to Present at American Health Lawyer's Association Tax Conference
May 30, 2019
Thought Leadership

HHS Announces Changes to Maximum Monetary Penalties for HIPAA Violations
May 21, 2019
Thought Leadership

IRS Updates Racial Nondiscrimination Publication Requirement for 501(c)(3) Private Schools
May 15, 2019
Thought Leadership

Responsibility and Accountability: Thoughts on Board Responsibility in Private, Nonprofit Higher Education
May 6, 2019
Thought Leadership

Is Your Organization in Compliance With IRS Rules on Employer Identification Numbers?
April 29, 2019
Thought Leadership

OCR Concludes Investigation of Allegations that the State of Hawaii Unlawfully Discriminated Against Pregnancy Resource Centers
April 8, 2019
Thought Leadership

Going, Going, Gone - Important Medical Records Considerations for Physicians Planning to Close Their Practice
March 25, 2019
Thought Leadership

HIPAA Violation Leads to Criminal Conviction of Former Patient Coordinator
March 19, 2019
Firm News

Maria M. Vladimirova Joins Krieg DeVault's Financial Institutions Practice Group
March 7, 2019
Thought Leadership

OCR Breaks All-Time Record in 2018 with Final HIPAA Settlement for the Year
February 17, 2019
Thought Leadership

OIG Issues Favorable Advisory Opinion on Waiver of Cost-Sharing Amounts for Charitable Pediatric Care
February 17, 2019
Thought Leadership

Updates to the Office of Inspector General Work Plan and Compliance Website
February 4, 2019
Thought Leadership

Conscience and Religious Freedom Division of the Office of Civil Rights Concludes California Violated Conscience Protection Laws
January 22, 2019
Thought Leadership

HHS Seeks Comments on Changes to HIPAA to Promote Improved Care Coordination
January 7, 2019
Thought Leadership

Responding to Online Patient Reviews: Legal and Practical Considerations for Physicians
January 7, 2019
Thought Leadership

Expanded Medicaid Treatment Options for Individuals with Substance Use Disorder and Serious Mental Illness
December 17, 2018
Thought Leadership

Protecting Patient Information: The Importance of a Business Associate Agreement Under HIPAA
December 13, 2018
Thought Leadership

CMS Rule Reducing Medicare Payments for Certain Clinic Visits by Off-Campus PBDs
December 12, 2018
Thought Leadership

US Department of Justice Announces Changes to Corporate Investigation Protocol
December 12, 2018
Firm News

Brandon W. Shirley selected to Indiana State Bar Association's Leadership Development Academy Class of 2019
December 9, 2018
Thought Leadership

We May Finally Know Whether Being a Tricare Provider Makes One a Federal Contractor
December 3, 2018
Thought Leadership

Important Organizational Safeguards to Manage Healthcare Business Relationships
December 3, 2018
Thought Leadership

Proposed Title IX Regulations From the U.S. Department of Education
December 2, 2018
Thought Leadership

Indiana Court Upholds Department of Financial Institutions Ruling on Auto Dealer Electronic Titling Fees
November 1, 2018
Firm News

Krieg DeVault Welcomes Three New Associates - Alexandria M. Foster, Scott C. Frissell, and Ben Vandeventer
October 22, 2018
Thought Leadership

HHS OIG Recommends Greater Efforts by Medicaid Managed Care Organizations in Identifying and Addressing Medicaid Fraud and Abuse
August 7, 2018
Thought Leadership

Indiana DFI Issues Advisory Letter Reinforcing Position on Dealer Convenience Fees
June 7, 2018
Thought Leadership

President Trump Signs Dodd-Frank Reform Into Law Providing Regulatory Relief to Community Banks
May 29, 2018
Thought Leadership

Update on the May Meeting of the Indiana Commission to Combat Drug Abuse
May 9, 2018
Thought Leadership

Indiana Medicaid Finalizes Rule Changes Affecting Medicaid Home Health Providers
May 9, 2018
Thought Leadership

OCR Issues Guidance on the Performance of a HIPAA Risk Analysis v. a Gap Analysis
May 9, 2018
Thought Leadership

Bipartisan Budget Act Includes Important Changes to Fraud and Abuse Penalties
April 30, 2018
Thought Leadership

Legislation Streamlining Prior Authorization Requirements for Commercial Health Insurance Plans Becomes Law
March 25, 2018
Thought Leadership

Bill Requiring Practitioners to Check INSPECT Before Prescribing Passes House, Senate; Gov. Holcomb to Sign
March 19, 2018
Thought Leadership

CMS Reminder Regarding Services Rendered by Hospitals to Patients Staying in Other Facilities
March 18, 2018
Thought Leadership

Court Determines Debtor's Correct Name on Driver's License for UCC-1 Financing Statement
March 5, 2018
Thought Leadership

OIG Approves of Hospital-Physician Gainsharing Arrangement, But Details Prove Critical
March 4, 2018
Thought Leadership

Recent OCR Resolution Agreement and Corrective Action Plan ... Lessons Learned
February 25, 2018
Thought Leadership

Ability to Prescribe Buprenorphine Expanded to Mid-Level Practitioners
February 25, 2018
Thought Leadership

Is Your Website Compliant with the Americans With Disabilities Act?
February 21, 2018
Thought Leadership

D.C. District Court Clarifies Lab Requirement for Establishing Medical Necessity
February 1, 2018
Firm News

Brett J. Ashton to Speak at the 1st American Financial Services Association Law & Compliance Symposium
January 16, 2018
Thought Leadership

Professional Licensing Changes Benefit Indiana Professional Corporation
January 3, 2018