News and Insights

Victory for Designers and Builders in Copyright Case

  A recent decision out of the Southern District of Indiana, Design Basics, LLC et al. v. Kerstiens Homes & Designs, Inc., et al., Case No. 1:16-cv-00726, struck a blow against an architectural design company and marked a victory for builders and home designers. Kerstiens Homes & ...

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NLRB’s Proposed New Joint Employer Rule Would Walk Back Scope of Browning-Ferris Decision

On September 14, the National Labor Relations Board (“Board”) issued a proposed new joint-employer rule. The proposed rule walks back the expanded scope of the Obama-era Board’s 2015 Browning-Ferris decision, which held that an employer’s potential or indirect control over a separate employer’s empl...

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FMLA Forms Reissued With New Expiration Dates

Recently, the Department of Labor reissued seven Family and Medical Leave Act (“FMLA”) forms. These forms now have an expiration date of August 31, 2021. The reissued forms are: WH-380-E, Certification of Health Care Provider for Employee's Serious Health Condition; WH-380-F, Certification o...

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SCOTUS Decision Opens Door for States to Collect Sales Tax on Internet Sales

On June 21, 2018, in a narrow 5 to 4 decision, the United States Supreme Court in South Dakota v. Wayfair, Inc. issued a decision which opens the door for states to require out-of-state merchants to collect and remit sales tax on internet sales.  The issue of sales tax on internet sales is an issue ...

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SCOTUS Holds PASPA Unconstitutional, Reshapes Sports Betting

On Monday, May 14, 2018, the United States Supreme Court issued a game-changing decision in Murphy v. National Collegiate Athletic Assn. striking down provisions of the federal Professional and Amateur Sports Protection Act of 1992 (PASPA), which prohibited states from authorizing sports betting. B...

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Administrative Dissolution and Reinstatement: Changes Going Into Effect

Indiana’s business corporation law permits corporations and limited liability companies that have been administratively dissolved by the Secretary of State the opportunity to be reinstated by making application and following specific statutory requirements. Grounds for dissolution include failure to...

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The EU’s General Data Protection Regulation Impacts U.S. Companies

Kahn, Dees, Donovan & Kahn, LLP, is a member of MERITAS Law Firms Worldwide, which is a leading global network of more than 7,500 attorneys at 182 independent law firms spanning 89 countries around the world.  Quentin Vaile, Meritas European Regional Director, recently issued the following guida...

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Senate Confirms John Ring To NLRB

The U.S. Senate has confirmed John Ring, an attorney at Morgan Lewis & Bockius LLP, by a 50-48 vote to fill the only remaining vacancy on the National Labor Relations Board (NLRB). The board now consists of three Republicans and two Democrats. With a Republican majority on the board, practitione...

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Landlords’ and Property Owners’ Duty of Care re: Third Party Attacks

Acts of violence have become increasingly commonplace in our society.  To protect themselves from liability for such acts, landlords and property owners must understand the duty owed to tenants and invitees.  Recent changes in Indiana law have helped define when a landlord and property owner is resp...

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Supreme Court: Dodd-Frank Whistleblower Protection Is Narrow

The Supreme Court of the United States has ruled that the whistleblower protections of the Dodd-Frank Act (the “Act”)  only apply to individuals who report problems to the U.S. Securities and Exchange Commission (the “SEC”). Background: The Act Passed in the wake of the 2008 financial crisis, the ...

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