News and Insights

Worker’s Comp – No Double Dipping Allowed

Can an injured employee settle a Worker’s Compensation Claim and then later sue his employer, claiming that the injury occurred outside the employment?  The Indiana Court of Appeals recently said “no”.  In recent case Estate of Donald Eugene Smith v. Joshua Stutzman d/b/a Keystone Builders, the Appe...

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Collecting Corporate Debt by Piercing the Corporate Veil

A primary reason for creating a corporation to conduct business is to shield corporate shareholders from personal liability for the corporation’s acts and debts. This corporate shield is of obvious benefit to shareholders, allowing them to freely invest in an enterprise while limiting their risk. Th...

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Vacation Pay When Employees Leave

When employees quit or are terminated, what happens with their vacation pay often creates an issue for employers.  In Indiana, vacation pay is subject to the Wage Payment Statute.  This means that employees are entitled to be paid for any accrued, but unused vacation time unless employers have a wri...

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KDDK Attorney Selected As “Best Lawyer” In U.S. Environmental Law

Mike Schopmeyer recently selected by his peers for inclusion in The Best Lawyers in America® 2013, 19th Edition for his work in U.S. Environmental Law. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyer...

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Private Companies and Director Liability

Director liability is commonly thought of in the context of large, multi-national corporations. However, regardless of size of the entity, directors can be held personally liable for the acts of a company. Shareholders, employees, lenders and customers are potential parties in a lawsuit against a bo...

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Avoiding Email HIPAA Violations

Many providers transmit their patients’ Protected Health Information (“PHI”) in unsecured e-mails.  Through audits, some providers have discovered that their employees routinely included patient PHI in both the subject line and body of e-mails sent internally and externally.  In doing so, these prov...

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Ashley Bess Joins Kahn, Dees, Donovan & Kahn

Ashley R. Bess recently joined KDDK as an associate attorney.  Bess is a native of Scottsburg , Indiana and graduated magna cum laude from the University of Evansville with a bachelor’s degree in political science and a minor in business administration and legal studies.  She earned her law degree f...

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Please Don’t Sell the Family Farm

Perhaps you’ve heard this phrase: “Sell the family farm.”  The Indiana legislature has just made that more likely. A common estate planning technique is for mom and dad to “leave the family farm” in separate, equal shares to their children, who can then sell their shares to another or pass them to ...

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Indiana Tax Sale Notice Statute Ruled Unconstitutional

On July 16, 2012, the Indiana Court of Appeals issued an opinion in  M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank declaring the pre-sale notice provisions of the tax sale statute to be unconstitutional.  In this case Monroe Bank challenged the constitutionality of Indiana...

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Individuals – The Effect of the Patient Protection and Affordable Care Act

With the Supreme Court recently upholding the Patient Protection and Affordable Care Act (PPACA) employers and individuals need to be prepared to comply with PPACA.  The following summarizes some of the key provisions and effective dates relating to individuals: Beginning in 2014, individuals will...

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