Faegre Baker Daniels

New Indiana Law Designed to Protect Domestic Violence Victims Creates New Exposure/Restrictions for Employers

Effective July 1, 2015, a new Indiana law prohibits employers from discharging employees who have sought protective orders in connection with alleged domestic violence. More specifically, HEA 1159 makes it illegal to terminate…more
| Civil Rights, Labor & Employment Law

Recent Developments in Retrofit Liability of Publicly Accessible Properties

If you own or invest in an older, publicly accessible property that does not comply with new regulations, you may be at risk of substantial liability. Retrofitting older properties to comply with new legal requirements and…more
| Construction Law, Zoning, Planning & Land Use, Real Estate - Residential, Real Estate - Commercial

Seventh Circuit Concludes Plaintiffs Have Standing to Sue in Data Breach Class Action

On July 20, 2015, the U.S. Court of Appeals for the Seventh Circuit held in Remijas v. Neiman Marcus Group that injuries associated with resolving fraudulent charges and protecting oneself against future identity theft after a…more
| Civil Procedure, Constitutional Law, Privacy, Science, Computers, & Technology

House Passes Voluntary GMO Labeling Bill

The U.S. is a step closer to enacting a consistent, national approach to certifying and labeling genetically modified (GMO) foods. On July 23, 2015, the U.S. House of Representatives passed H.R. 1599, the Safe and Accurate Food…more
| Agriculture, Communications & Media Law, Conflict of Laws, Indigenous Peoples

The Keys to Success in Integrated Project Delivery: People, Process and Promises

Design and construction services are often provided egocentrically and inefficiently — it’s one of the construction industry’s worst-kept secrets. Traditional contracts rigidly delineate responsibilities and elaborate on the…more
| Commercial Law & Contracts, Construction Law

Beware of Nurses Bearing Gifts

Alisia and David blew the whistle on their former employer, Nurses’ Registry & Home Health, for sending gift baskets and ticket events to doctors who referred patients to the home health operation. Their qui tam suit alleged…more
| Civil Procedure, Civil Remedies, Government Contracting, Health, Labor & Employment Law

Tax Court Refuses To Reweigh The Evidence, Affirming The Indiana Board Of Tax Review’s Final Determinations Of Land Value For A Gas Station And Convenience Store

In a pair of related decisions issued July 2, 2015, the Indiana Tax Court once again emphasized that it will not reweigh the evidence on appeal from the final determinations of the Indiana Board of Tax Review…more
| Administrative Law, Civil Procedure, Real Estate - Commercial, Taxation

If You Can't Say Anything Nice: Criticizing Contractors Can Be Costly

Construction projects can turn acrimonious — and bad feelings often survive dispute resolution. But think twice before voicing thoughts or opinions about a fellow project participant. A false statement about another’s business…more
| Civil Remedies, Communications & Media Law, Construction Law, Personal Injury, Real Estate - Residential

EC's Infringement Proceedings for Intra-EU BITs Cause Uncertainty for Investors

On 18 June 2015, the European Commission initiated infringement proceedings against five member states of the European Union for intra-EU bilateral investment treaties' (BITs) incompatibility with Article 351 of the Treaty on…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Finance & Banking, International Law & Trade

9th Circ. Relaxes Requirements for “Original Source” Whistleblowers

The False Claims Act makes it illegal to obtain government money through false claims. Under the Act a private party, known as a relator, may bring a civil suit on the government’s behalf against an entity that has allegedly…more
| Business Torts, Civil Procedure, Government Contracting

Summary of SEC's Proposed Rule on Executive Compensation Clawbacks

The Dodd-Frank Act required the Securities & Exchange Commission (SEC) to adopt rules that direct national securities exchanges (such as the NYSE and NASDAQ) to require listed companies to implement and disclose their recovery…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Labor & Employment Law, Securities Law

FTC Releases Data Security Guide for Businesses

The Federal Trade Commission (FTC) has released a guide for businesses with practical tips and advice to help organizations better secure their data. The guide, Start With Security, draws on more than 50 data security…more
| Antitrust & Trade Regulation, Business Organizations, Privacy, Science, Computers, & Technology

Brace Yourself for another Round of Death Panel Debate

Remember the notorious “death panel” debate of 2009? Congress was considering a proposal to pay doctors for end-of-life counseling. Former vice presidential candidate Sarah Palin led the attack on the proposal, claiming that…more
| Health

5 Myths About the State of American Manufacturing and What They Suggest for the Future

The demise of American manufacturing has been widely heralded. However, in a report on the state of manufacturing in America, economist Michael J. Hicks of the Center for Business and Economic Research at Ball State University…more
| Commercial Law & Contracts, Labor & Employment Law

Hospital May Fire Employee Whose Religion Prevented Working in Abortion Unit

In 2012 Nikita Montgomery was hired to work in the Planned Parenthood department of a county hospital. In accepting the employment, she told the hiring manager that she had left her employment at another family planning clinic…more
| Civil Procedure, Civil Rights, Health, Labor & Employment Law
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