Stephen Studer 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. Stephen also advises on the development and financing of wind and solar energy projects. Much of his current practice involves representing commercial real estate and developer clients in connection with negotiations, acquisition, land use and zoning issues, and other development related matters, including properties that may have environmental issues. Mr. Studer has also helped form, and continues to advise, government entities such as regional water and sewer districts, conservancy districts, and economic development entities and helped form and currently is 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 has been an Adjunct Professor for the University of Notre Dame Law School where he taught a Commercial Real Estate Development & Financing course and serves as an Adjunct Professor of Law for the Notre Dame Fitzgerald Institute of Real Estate. Mr. Studer previously served as the firm’s Executive Partner of the North Central Indiana Regional Office for 15 years. Additionally, he has served on the firm’s Executive Committee, as Department Chair for Corporate & Transactional Services, and as its Marketing Partner.
Representative Experience
- Representing developer of $200 million plus residential and commercial development, including land use, TIF and
bond work - Represented client in connection with large annexation (50 acres) into City of Mishawaka, including handling
numerous public meetings and hearings - Represented national company in connection with land use, zoning, and subsequent development issues in
connection with $120 million student housing project - Represented local university in connection with large scale hydroelectric facility
- Represented developer of Scottsdale multi-family housing project and subsequent sale
- Represented multi-building graduate housing project developer, including long-term ground lease and subsequent
sale of same - 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)
Professional Associations
- Adjunct Professor, Fitzgerald Institute for Real Estate
- Member, Indiana Association of Cities and Towns
- Member, St. Joseph County Bar Association
- Member, Indiana State Bar Association
- Member, National Resources, Energy, and Environmental Law, and Health Law Sections, American Bar Association
- Member, Michigan State Bar Association
Awards & Recognitions
- Best Lawyers In America©, Real Estate Law, 2013-2024
- Best Lawyers In America©, Environmental Law, 2009-2024
- Indiana Super Lawyers, Real Estate, 2006, 2010-2023
- Indiana Bar Foundation (Life Fellow)
- Notre Dame Scholar
Seminars & Presentations
- Speaker, “A Primer on the READI Program and the American Rescue Plan Act," 64th Association of Indiana Counties Annual Conference, September 21, 2022
- 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
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
- Illinois, 1976
- Michigan, 1992
- U.S. District Court for the Northern District of Indiana, 1992
- 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
Certifications
- Legal Lean Sigma® White Belt
Practices
Industries
Golfing
Reading
Bicycling
Governmental Affairs and Public Advocacy
Take Five: 5 Things You Need to Know About Indiana Government - November 2024
November 22, 2024
Firm News and Events
Erika Steuerwald Joins Krieg DeVault’s Health Care Practice adding depth to the Firm’s Long Term Care and Acute Care Teams
November 20, 2024
Health Care
CMS Reporting Requirements for Nursing Facilities: Fast Tracking the Start Line
October 22, 2024
Governmental Affairs and Public Advocacy
Take Five: 5 Things You Need to Know About Indiana Government - October 2024
October 4, 2024
Governmental Affairs and Public Advocacy
Take Five: 5 Things You Need to Know About Indiana Government - July 2024
July 29, 2024
Firm News and Events
Partner Tammy K. Haney Joins the Board of Directors of OneZone Chamber of Commerce
July 10, 2024
Firm News and Events
Krieg DeVault’s Randall C. Head Elected as Chairman of the Indiana Republican Party
June 24, 2024
Firm News and Events
The Indiana Lawyer Names Senior Associate Grant M. Achenbach a 2024 Up and Coming Lawyer
May 30, 2024
Thought Leadership
Take Five: 5 Things You Need to Know About Indiana Government - May 2024
May 21, 2024
Thought Leadership
New Additions to Federal Anti-Discrimination Rules Giving Healthcare Providers Regulatory Déjà Vu
May 20, 2024
Thought Leadership
The Final Direction: New Final Medicaid Rules for State Directed Payments
May 20, 2024
Business
Indiana Enacts Senate Enrolled Act 9 Requiring Notice of Certain Health Care Transactions
April 23, 2024
Firm News and Events
Senior Associate Alex Bowman Selected as a Michiana Forty under 40 Award Recipient
April 16, 2024
Financial Services
U.S. Treasury Issues Report on Artificial Intelligence on Specific Cybersecurity Risks in the Financial Services Sector
April 4, 2024
Thought Leadership
Take Five: 5 Things You Need to Know About Indiana Government - March 2024
March 28, 2024
Health Care
New HHS Guidance: Safeguarding Patient Rights in Hospital and Long-Term Health Facility Visitation Policies
March 19, 2024
Health Care
Federal Court of Appeals Lifts Stay of Indiana’s Prohibition on Gender Transition Services to Minors
March 19, 2024
Financial Services
New Indiana Law Will Clarify How Financial Institutions May Make Changes to Deposit Account Agreements
March 13, 2024
Estate Planning & Personal Services
Putting the PURPOSE in a Trust: Using a Purpose Trust in a Business Succession Plan
February 27, 2024
Business
Impact of AI in the M & A Sector: Key Advantages, Challenges, and Considerations
February 23, 2024
Governmental Affairs and Public Advocacy
Take Five: 5 Things you Need to Know About Indiana Government - February 2024
February 14, 2024
Health Care
Don’t Forget About the Leap Year - Annual HIPAA Breach Notification Deadline Fast-Approaching
February 13, 2024
Health Care
CMS's New Federal Prior Authorization Rule: An Eventual Step In the Right Direction
February 13, 2024
Firm News and Events
Todd G. Relue Joins Krieg DeVault's Real Estate and Environmental Practice
February 5, 2024
Krieg DeVault Podcast Series
Navigating Digital Privacy in Healthcare: Understanding Web Tracking and HIPAA Concerns (Podcast)
January 4, 2024
Estate Planning & Personal Services
Higher Estate and Gift Tax Exemptions for 2024...But How Long Will This Last?
January 2, 2024
Firm News and Events
Marija Nicksic Joins Krieg DeVault’s Commercial Real Estate and Lending Practice
December 20, 2023
Firm News and Events
Steven M. Sherman Joins Krieg DeVault’s Real Estate and Environmental Practice; will Focus in the Areas of Energy and Public Utilities
November 30, 2023
Health Care
The OIG’s New Unified Compliance Resource Tool: You’ve Been “Voluntold” to Comply
November 29, 2023
Health Care
Lawsuit Challenges HHS Guidance on the Use of Web Tracking Technologies
November 29, 2023
Education and School Law
Prohibition of Class Action Lawsuits Against Postsecondary Educational Institutions Survives Constitutional Challenge
November 28, 2023
Governmental Affairs and Public Advocacy
Take Five: 5 Things you Need to Know About Indiana Government - November 2023
November 9, 2023
Governmental Affairs and Public Advocacy
The Indiana State Legislature and Current Issues Important to Hoosiers with Indiana Senator Rod Bray (Podcast)
November 7, 2023
Firm News and Events
Partner Stephanie T. Eckerle Named Chair of Krieg DeVault’s Health Care Practice
November 1, 2023
Financial Services
California Commercial Lenders Beware: UDAAP Doesn’t Only Apply to Consumer Lending Anymore
October 9, 2023
Governmental Affairs and Public Advocacy
Take Five: 5 Things you Need to Know About Indiana Government - October 2023
October 4, 2023
Secured Lender
Secured Lender: Second Circuit Court Affirms Syndicated Loans are [STILL] Not Securities
September 6, 2023
Business
Is Your Business Ready? Preparing for and Complying with the Corporate Transparency Act
August 31, 2023
Firm News and Events
Frank A. Hoffman Joins Krieg DeVault’s Public Finance and Municipal Practice
July 31, 2023
Firm News and Events
Shawn E. Peterson Joins Krieg DeVault’s Public Finance and Municipal Practice
July 11, 2023
Firm News and Events
Elizabeth Roberson Accepted to the Hamilton County Leadership Academy Class of 2024
July 10, 2023
Education and School Law
U.S. Supreme Court Holds Race-Conscious Admissions Processes Unconstitutional
July 7, 2023
Health Care
Rapid Modernization: Major Changes Coming to the Professional Licensing Agency
June 30, 2023
Firm News and Events
Partner Stephanie T. Eckerle Named to the Board of Directors of The Children’s TherAplay Foundation, Inc.
June 26, 2023
Governmental Affairs and Public Advocacy
Take Five: 5 Things you Need to Know About Indiana Government - June 2023
June 15, 2023
Health Care
A Direct Proposal: New Proposed Medicaid Rules for State Directed Payments
June 13, 2023
Health Care
Business Associate Fined Under HIPAA For Maintaining PHI on Unsecured Server
June 6, 2023
Firm News and Events
Michael D. Zaradich Joins Krieg DeVault's Commercial & Real Estate Lending Practice
June 1, 2023
Health Care
Don’t Let the End of the Public Health Emergency Create a Compliance Problem
May 19, 2023
Health Care
CMS Runs Out of Patience: Hospital Price Transparency Rules to Face Stricter Enforcement
May 9, 2023
Health Care
Long Term Reform Coming to Long Term Care: What Changed in the 2023 Indiana Legislative Session
May 8, 2023
Real Estate
Commercial Leasing Series: Top 10 Commercial Leasing Issues You Should Know Before Signing Your Lease!
March 30, 2023
Litigation
Indiana Supreme Court Limits the Ability of Indiana Financial Institutions to Amend Account Agreements
March 23, 2023
Health Care
CMS's Proposed Government Overpayment Rule Is Sure to Make You Sleep Less (Podcast)
February 8, 2023
Financial Services
State and Federal Policy on ESG Issues Creates Tensions for Financial Institutions
January 25, 2023
Real Estate
Three Minute Update - Positioning for the Future: Non-Profits and Real Estate
January 10, 2023
Health Care
Are You Compliant with Indiana’s Annual Hospital Public Forum Requirement?
January 6, 2023
Krieg DeVault Podcast Series
Legislative Preview: A Look Into Indiana's 2023 Legislative Session (Podcast)
January 5, 2023
Firm News and Events
John B. Baxter Named Chair of Krieg DeVault’s Commercial and Real Estate Lending Practice
January 1, 2023
Firm News and Events
Krieg DeVault Announces 2023 Partner Promotions of Sarah E. Jones, Micah J. Nichols, and Ann Marie Woolwine
January 1, 2023
Litigation
Religious Health Care Providers, The ACA, And Gender Transition Procedures
December 21, 2022
Governmental Affairs and Public Advocacy
Take Five: 5 Things you Need to Know About Indiana Government - December 2022
December 20, 2022
Governmental Affairs and Public Advocacy
Take Five: Post Election - 5 Things you Need to Know About Indiana Government - November 2022
November 11, 2022
Firm News and Events
Krieg DeVault Adds Associates Andrew N. Warner, Katelyn E. Doering, Alexus D. Lucas, and Michael J. Moser
November 1, 2022
Governmental Affairs and Public Advocacy
Take Five: Election Preview - 5 Things you Need to Know About Indiana Government - October 2022
October 25, 2022
Firm News and Events
Krieg DeVault Expands Chicago Office with Financial Services Partners Laurie A. Martin Montplaisir and Parker E. Lawton
October 17, 2022
Health Care
Private Equity Investment in Medical Practices Series: STEP 3 - Pre-Sale Diligence
September 29, 2022
Financial Services
CFPB Announces Consent Order with Bank for "Authorized-Positive Overdraft Transactions"
September 29, 2022
Firm News and Events
Krieg DeVault Expands Real Estate and Environmental Practice
September 27, 2022
Firm News and Events
Jeffrey L. Ledbetter Joins Krieg DeVault’s Financial Institutions Practice
September 27, 2022
Health Care
PHI Here, There, and Everywhere - Liability for Improper Disposal of Items Containing PHI
September 14, 2022
Governmental Affairs and Public Advocacy
Take Five: 5 Things You Need to Know About Indiana Government - August 2022
August 11, 2022
Health Care
Temporary Medical Licenses Preserved into October as Public Health Emergency Renewed at 11th Hour
July 21, 2022
Firm News and Events
Former Indiana State Senator Randy Head Joins Krieg DeVault’s Expanding Governmental Affairs Practice
July 20, 2022
Governmental Affairs and Public Advocacy
Take Five: 5 Things You Need to Know About Indiana Government - June 2022
June 30, 2022
Health Care
Come One, Come All: New Reciprocity Laws for Health Care Professionals in Indiana
June 30, 2022
Financial Services
Your Customer Is Heading Towards Bankruptcy, What Should You Do Now?
June 23, 2022
Financial Services
Recent Developments in Fair Lending Discrimination as a UDAAP Violation and Algorithmic Redlining
June 2, 2022
Governmental Affairs and Public Advocacy
Take Five: 5 Things You Need to Know About Indiana Government - May 2022
May 10, 2022
Health Care
Private Equity Investment in Medical Practices Series: STEP 2 - Should I Use a Broker?
April 8, 2022
Education and School Law
Update: Indiana Court of Appeals Allows COVID-19 Class Action Lawsuits Against IU and Purdue to Proceed
April 6, 2022
Governmental Affairs and Public Advocacy
Take Five: 5 Things You Need to Know About Indiana Government - April 2022
April 5, 2022
Financial Services
Indiana’s Newly Passed LIBOR Legislation Immediately Preempted by Federal Counterpart
March 31, 2022
Municipal
Open Door Law: “Declared Emergency” Ends – Prepare For Your Next Virtual Meeting
March 23, 2022
Financial Services
CFPB Significantly Expands UDAAP Authority to Address Discrimination
March 21, 2022
Firm News and Events
Patrick Fagan Joins Krieg DeVault’s Commercial and Real Estate Lending Practice
February 28, 2022
Municipal
Public Access Counselor Addresses Board’s “Final Action” Under Indiana’s Open Door Law
February 14, 2022
Governmental Affairs and Public Advocacy
Take Five: 5 Things You Need to Know About Indiana Government - February 2022
February 3, 2022
Firm News and Events
Julie A. Johnsten and Crystal L. Stallworth Join Krieg DeVault as Paralegals
February 1, 2022
Municipal
Eliminating Blight: Court Issues Opinion re: Indiana’s Unsafe Building Law
January 26, 2022
Education and School Law
Class Action Against Sixteen Universities for Alleged Unlawful Practices in Awarding Financial Aid
January 25, 2022
Labor and Employment
CMS Issues Supplemental Guidance on Interim Final Rule on Vaccination for States Impacted by Recent Supreme Court Ruling
January 20, 2022
Firm News and Events
Partner Shelley M. Jackson Named a Vice President of the Board of Directors of the Indianapolis Bar Association
January 10, 2022
Governmental Affairs and Public Advocacy
Take Five: 5 Things You Need to Know About Indiana Government - December 2021
December 21, 2021
Governmental Affairs and Public Advocacy
Take Five: 5 Things You Need to Know About Indiana Government - November 2021
November 17, 2021
Governmental Affairs and Public Advocacy
Take Five: 5 Things You Need to Know About Indiana Government - October 2021
October 12, 2021
Firm News and Events
Krieg DeVault Adds Two New Associates; Alexandra E. Wilson and Joel E. Haas
October 1, 2021
Health Care
Getting Staff to Report Impaired Physicians May Have Just Become More Difficult
August 31, 2021
Health Care
Into the Unknown: A look Into the Uncertain Future of New Surprise Billing Laws (Podcast)
August 21, 2021
Labor and Employment
Vaccine Verdict: 7th Circuit Declares Indiana University’s Vaccine Mandate Constitutional
August 6, 2021
Education and School Law
OCR Issues Questions and Answers on the Title IX Regulations on Sexual Harassment
August 4, 2021
Thought Leadership
Alex Bowman Joins Krieg DeVault’s Real Estate and Environmental Practice
August 2, 2021
Governmental Affairs and Public Advocacy
Take Five: 5 Things You Need to Know About Indiana Government
July 29, 2021
Secured Lender
Commercial Real Estate and Tenant Estoppel Certificates: Enforcement by Illinois Courts
July 16, 2021
Health Care
Don’t Be Caught by Surprise! Prepare for New Medical Surprise Billing Laws Effective January 1, 2022
July 15, 2021
Firm News and Events
Matthew D. Malcolm Joins Krieg DeVault’s Growing Real Estate Practice Group
July 8, 2021
Health Care
Congress Reintroduces Marijuana Data Collection Act: Reevaluating Federal Marijuana Policy
June 28, 2021
Governmental Affairs and Public Advocacy
Take Five: 5 Things You Need to Know About Indiana Government
June 24, 2021
Governmental Affairs and Public Advocacy
Take Five: 5 Things You Need to Know About Indiana Government
May 27, 2021
Municipal
Public Access Alert: New Law Permits Electronic Meetings, but Requires Planning
May 19, 2021
Health Care
Veterans Medical Marijuana Bills Introduced Ahead of Military Appreciation Month
May 7, 2021
Governmental Affairs and Public Advocacy
Take Five: 5 Things You Need to Know About Indiana Government
April 29, 2021
Secured Lender
Secure and Fair Enforcement (SAFE) Banking Act Passes U.S. House…Again
April 20, 2021
Health Care
Between a Rock and a Hard Place – 340B Covered Entities Sidelined as Battle Over Drug Pricing Continues
April 20, 2021
Health Care
Constant Vigilance! Recent Microsoft Exchange Hack Reveals the High Cost of Letting Your Guard Down.
April 20, 2021
Health Care
Time for a Check Up: HIPAA Privacy Rule Modified for the First Time Since 2013
March 23, 2021
Real Estate
Ten Important Tools to Manage Environmental Risks in Real Estate Transactions [INFOGRAPHIC]
March 16, 2021
Municipal
Indy’s Amazon HQ2 Records Shielded by APRA (and What it Means for Local Economic Incentive Records)
February 26, 2021
Real Estate
Triple Net - A Series on Commercial Leasing by Krieg DeVault: Breaking Down the Three Main Types of Leases
February 25, 2021
Real Estate
Changes to the Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys Effective February 23, 2021
February 10, 2021
Real Estate
Triple Net - A Series on Commercial Leasing by Krieg DeVault: Tenant Considerations for Letters of Intent
February 8, 2021
Litigation
Indiana Financial Institutions Continue to be Targeted in Class Action Overdraft and NSF Lawsuits
February 3, 2021
Firm News and Events
Krieg DeVault's Kay Dee Baird Elected Chair of the Indianapolis Bar Association's Commercial Law & Bankruptcy Section for 2021
January 1, 2021
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
Check Before You Repay: CMS Contractors' Overpayment Extrapolation Methods Questioned
September 2, 2020
Health Care
Nursing Homes: Immediate Enforcement Action and New COVID-19 Testing and Reporting Requirements
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
IRS Adds Frequently Asked Questions Addressing Taxation of Provider Relief Payments
July 14, 2020
Health Care
Don't Be Surprised by Indiana's New Surprise Billing Requirements Effective July 1, 2020
July 14, 2020
Secured Lender
Reminder: Post-Judgment Interest on Indiana State-Court Judgments Tolled Until August 15, 2020
July 14, 2020
Secured Lender
Seventh Circuit Court of Appeals Reaffirms the Necessity of Adhering to the Bankruptcy Code Text
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 and Events
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 and Events
Krieg DeVault Announces 2020 Partners - Meghan M. Linvill McNab and Shannon L. Noder
January 1, 2020
Firm News and Events
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
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 and Events
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
Health Care
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
Health Care
CMS Rule Reducing Medicare Payments for Certain Clinic Visits by Off-Campus PBDs
December 12, 2018
Health Care
US Department of Justice Announces Changes to Corporate Investigation Protocol
December 12, 2018
Firm News and Events
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 and Events
Krieg DeVault Welcomes Three New Associates - Alexandria M. Foster, Scott C. Frissell, and Ben Vandeventer
October 22, 2018
Firm News and Events
Partner Julie A. Rosenwinkel named Most Influential Woman in Law by the Northwest Indiana Influential Women Association
September 30, 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
Ability to Prescribe Buprenorphine Expanded to Mid-Level Practitioners
February 25, 2018
Thought Leadership
Recent OCR Resolution Agreement and Corrective Action Plan ... Lessons Learned
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 and Events
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
Firm News and Events
Stacy Walton Long to Serve on Executive Women in Healthcare Board
January 2, 2018
Stephen Studer 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. Stephen also advises on the development and financing of wind and solar energy projects. Much of his current practice involves representing commercial real estate and developer clients in connection with negotiations, acquisition, land use and zoning issues, and other development related matters, including properties that may have environmental issues. Mr. Studer has also helped form, and continues to advise, government entities such as regional water and sewer districts, conservancy districts, and economic development entities and helped form and currently is 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 has been an Adjunct Professor for the University of Notre Dame Law School where he taught a Commercial Real Estate Development & Financing course and serves as an Adjunct Professor of Law for the Notre Dame Fitzgerald Institute of Real Estate. Mr. Studer previously served as the firm’s Executive Partner of the North Central Indiana Regional Office for 15 years. Additionally, he has served on the firm’s Executive Committee, as Department Chair for Corporate & Transactional Services, and as its Marketing Partner.
Representative Experience
- Representing developer of $200 million plus residential and commercial development, including land use, TIF and
bond work - Represented client in connection with large annexation (50 acres) into City of Mishawaka, including handling
numerous public meetings and hearings - Represented national company in connection with land use, zoning, and subsequent development issues in
connection with $120 million student housing project - Represented local university in connection with large scale hydroelectric facility
- Represented developer of Scottsdale multi-family housing project and subsequent sale
- Represented multi-building graduate housing project developer, including long-term ground lease and subsequent
sale of same - 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)
Professional Associations
- Adjunct Professor, Fitzgerald Institute for Real Estate
- Member, Indiana Association of Cities and Towns
- Member, St. Joseph County Bar Association
- Member, Indiana State Bar Association
- Member, National Resources, Energy, and Environmental Law, and Health Law Sections, American Bar Association
- Member, Michigan State Bar Association
Awards & Recognitions
- Best Lawyers In America©, Real Estate Law, 2013-2024
- Best Lawyers In America©, Environmental Law, 2009-2024
- Indiana Super Lawyers, Real Estate, 2006, 2010-2023
- Indiana Bar Foundation (Life Fellow)
- Notre Dame Scholar
Seminars & Presentations
- Speaker, “A Primer on the READI Program and the American Rescue Plan Act," 64th Association of Indiana Counties Annual Conference, September 21, 2022
- 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
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
- Illinois, 1976
- Michigan, 1992
- U.S. District Court for the Northern District of Indiana, 1992
- 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
Certifications
- Legal Lean Sigma® White Belt