Business Litigation Archives - Cohen & Malad, LLP

Home Renovation Projects: Purpose, Scope, and Notice of the Deceptive Consumer Sales Act- Part 2

By: Aaron J. Williamson, Attorney The DCSA has three broad purposes, which are to: “(1) simplify, clarify, and modernize the law governing deceptive and unconscionable consumer sales practices; (2) protect consumers from suppliers who commit deceptive and unconscionable sales acts; and (3) encourage the development of fair consumer sales practices.” Ind. Code 24-5-0.5-1(b). The DCSA… Continue Reading »

When can a direct action be brought in the context of a closely held company?

By: Arend J. Abel, Attorney On June 1, the Indiana Court of Appeals addressed the circumstances in which a shareholder in a closely held limited liability company could sue another shareholder for breach of fiduciary duty arising out of alleged mismanagement of the corporation.   Ordinarily, such actions must be brought derivatively, but the Court noted… Continue Reading »

Use of File Sharing Site Causes Waiver

By: Arend J. Abel, Attorney Lawyers for an insurance company got a nasty surprise when a federal district court held that their use of the file-sharing service Box® waived attorney-client privilege and work product protections for the company’s entire claims file.  On February 9, in Harleysville Insurance Company v. Holding Funeral Home, the United States… Continue Reading »

Judicial Qualifications Commission Gives Green Light to Tweeting at Trial

By: Arend J. Abel, Attorney You may remember just over a year ago when a partner in Barnes & Thornburg’s Chicago office was sanctioned for live-tweeting a trial.  That event makes all the more surprising an Ethics Opinion that the Indiana Commission on Judicial Qualifications issued last month.  According to the Commission, live-tweeting a trial… Continue Reading »

Mediation Assistance Program Provides Valuable Experience to Attorneys While Helping the Underserved

By: Aaron J. Williamson, Attorney The Indiana State Bar Association (ISBA) encourages attorneys to promote equal access to justice through pro bono work for underserved residents. The United States District Court for the Southern District of Indiana has a growing need for volunteer attorneys to assist pro se litigants. This Court also provides a vehicle… Continue Reading »

Tea Leaves About Testimonials

By: Arend J. Abel, Attorney Despite what many Indiana lawyers believe, client testimonials are no longer absolutely barred by the Indiana Rules of Professional Conduct.  They used to be, until January of 2011, when a set of amendments to the rules took effect.  Until that time, former Rule 7.2(d)(3) expressly prohibited “use of any form… Continue Reading »

Service Animals and the Fair Housing Act

By: Michael W. McBride, Attorney The Fair Housing Act (“FHA”) prohibits discrimination in the sale, rental, and financing of residential housing based on race, color, national origin, religion, sex, familial status and disability. Although the non-discrimination concept embodied within the FHA is relatively straight forward, application of the law to real world situations is not… Continue Reading »

Tips for Small Businesses to Avoid Litigation

By: TaKeena M. Thompson, Attorney Last month, I had the opportunity to chat with some phenomenal business women at NAWBO’s (National Association of Women Business Owners) quarterly luncheon. I remember one conversation in particular where a business owner and I discussed the types of litigation matters I could handle for her small business. What we… Continue Reading »