Barnes & Thornburg LLP

Attorney Presentation - Due Diligence at Dawn
Attorney Presentations
Oct 26, 2010
David R. Gillay of Barnes & Thornburg LLP's Indianapolis, Indiana office will present at EDR's "Due Diligence at Dawn" seminar series on October 26, 2010 in Chicago.

Attorney Presentation - New Environmental Cleanup Laws and IDEM Implementation
Attorney Presentations
Sep 16, 2010
David R. Gillay of Barnes & Thornburg LLP's Indianapolis, Indiana office will give a presentation on September 16, 2010 regarding new cleanup laws and guidance. House Enrollment Act (HEA) 1162 legislation was passed in July 2009 and it included several significant changes related to contamination clean-up programs in Indiana. The Indiana Department of Environmental Management (IDEM) has prepared an "Interim Implementation Document" for addressing HEA 1162 requirements. The HEA 1162 Interim Implementation Document describes how to implement the new laws with respect to the current Risk-Integrated System of Closure (RISC) Guidance documents. This presentation will introduce these important changes and discuss how they will impact ongoing and future cleanup projects in Indiana

Attorney Presentation - Watch Your Back: The New Fraud and Abuse Weapons of Healthcare Reform
Attorney Presentations
Sep 01, 2010
Laura Seng, an attorney in the Healthcare and Business Departments in Barnes & Thornburg's South Bend, Indiana office, will present at the Indiana State Bar Association's Lunch & Learn on Sept. 1 in Indianapolis.

Barnes & Thornburg Partner Selected as U.S. Magistrate Judge for Southern District of Indiana
News Release
Sep 01, 2010
INDIANAPOLIS – Barnes & Thornburg litigator Mark J. Dinsmore will be the next U.S. Magistrate Judge for the U.S. District Court for the Southern District of Indiana after a merit selection committee chose him from a pool of more than 50 candidates.Dinsmore, who has been a Barnes & Thornburg attorney for 14 years, fills the position left by Jane E. Magnus-Stinson, who was recently named to an Article III judgeship. The committee, which was chaired by retired Magistrate Judge V. Sue Shields, reviewed applications and recommended five candidates to be interviewed by the District Judges."I am deeply honored to have been selected to serve the Court as a Magistrate Judge," said Dinsmore, whose appointment takes effect upon completion of IRS and FBI background checks....

Janilyn Brouwer Daub Appointed to Board of United Federal Credit Union
In The News
Sep 01, 2010
Janilyn Brouwer Daub of Barnes & Thornburg LLP's South Bend, Indiana office has been appointed to the board of directors of United Federal Credit Union (UFCU). UFCU consists of nearly 100,000 members/owners worldwide and manages assets in excess of $1.2 billion. Headquartered in Michigan, UFCU has operations in five state

Labor & Employment Alert - August 2010
New Illinois Law Prohibits Use of Credit Checks for Many Employment-Related Purposes
Alert
Aug 26, 2010
Click here for a PDF of the Labor & Employment Law Alert - New Illinois Law Prohibits Use of Credit Checks for Many Employment-Related Purposes Effective Jan....

Antitrust Alert - August 2010
Antitrust Agencies Revise Merger Guidelines
Alert
Aug 25, 2010
Click here for a PDF of the Antitrust Alert - Antitrust Agencies Revise Merger GuidelinesOn Aug. 19, 2010, the Department of Justice (DOJ) and Federal Trade Commission (FTC) released the final version of the 2010 Horizontal Merger Guidelines. These revisions, marking the first major overhaul to the 1992 Horizontal Merger Guidelines, reflect the DOJ and FTC’s shift toward a more fact-specific horizontal merger analysis and de-emphasize the importance of defining a relevant market....

MSECA Quarterly Meeting - August 2010
Attorney Presentations
Aug 23, 2010
Dave Gillay of Barnes & Thornburg LLP's Indianapolis, Indiana office hosted the MSECA quarterly meeting on Aug. 23 in the firm's Indianapolis office. The meeting provided attendees with a comprehensive look at the various programs in the IDEM's Remediation Services Branch, including site investigations, state cleanup, voluntary remediation, leaking underground storage tanks, ELTF, defense environmental restoration program, superfund, and brownfields. Bruce Oertel, Chief, IDEM Remediation Services, was the guest speaker at the quarterly meeting

Environmental Law Alert - August 2010
Michigan “Brownfield” and Clean-Up Law Reforms
Alert
Aug 20, 2010
Click here for a PDF of the Environmental Law Alert - Michigan “Brownfield” and Clean-Up Law Reforms On Aug. 17, 2010, the Michigan State Senate passed sweeping reforms of Michigan’s Environmental Remediation Program, known as Part 201 of the Natural Resources and Environmental Protection Act (NREPA). This proposed legislation is the result of years of dialogue among various stakeholders and is an attempt to fix problem areas in the Part 201 clean-up program that were not working to the satisfaction of the MDNRE or the regulated community. The proposed legislation now moves to the House, where the New Economy Committee is expected to hold meetings on these reforms, with possible action in the “lame duck” session. While there is broad-based support for many of these proposals, there are significant challenges which the Michigan legislature has yet to address....

EPA Withdraws Stormwater Discharge Regulation After Barnes & Thornburg, NAHB File 7th Cir. Brief
News Release
Aug 20, 2010
The Environmental Protection Agency (EPA) has asked the Seventh Circuit Court of Appeals to vacate construction stormwater discharge standards that the Agency issued last December....

Barnes & Thornburg Adds Patent Prosecution Attorney in Firm’s Chicago Office
News Release
Aug 19, 2010
CHICAGO – Barnes & Thornburg LLP has strengthened its patent prosecution team with the addition of Peter Zura, who has joined the firm’s Chicago office as a partner in the Intellectual Property Department.Mr. Zura, formerly a partner at Katten, Muchin, Rosenman LLP in Chicago, focuses his practice on preparing, prosecuting and securing patent portfolio development and enforcement and patent protection for clients. He also counsels clients on patent infringement, validity and large portfolio due diligence studies for acquisitions, licensing, and pre-suit purposes."We are excited to have Peter join our growing office and our experienced team of patent prosecutors across the firm," said Thomas Donovan, chair of the firm’s Intellectual Property Department....

Renewable Energy Alert - August 2010
California Public Utilities Commission Requests Clarification or Rehearing of FERC Feed-In Tariff Order
Alert
Aug 19, 2010
Click here for a PDF of the Renewable Energy Alert - California Public Utilities Commission Requests Clarification or Rehearing of FERC Feed-In Tariff Order On Aug. 16, 2010, the California Public Utilities Commission (CPUC) filed a request for clarification or rehearing of the Federal Energy Regulatory Commission’s (FERC) July 15, 2010 Declaratory Order that rejected feed-in tariffs which the CPUC had developed pursuant to California’s AB 1613 legislation.In California Public Utilities Commission, 132 FERC ¶61,047 (Docket Nos. EL10-64-000 and EL10-66-000), FERC ruled that the CPUC’s proposed feed-in tariffs constituted wholesale rate-setting by the CPUC and were preempted by the Federal Power Act (FPA)....

The Wall Street Journal - Enterprise Dispatch
In The News
Aug 19, 2010
Deb Thorne of Barnes & Thornburg LLP's Chicago office is quoted in the Aug. 19 The Wall Street Journal article, “Enterprise Dispatch.” The article appears in the paper’s Small Business sectio

Indianapolis Business Journal - Cancer drug developer Endocyte files for IPO
In The News
Aug 18, 2010
Marcus Chandler of Barnes & Thornburg LLP's Indianapolis, Indiana office is quoted in the Aug. 18 Indianapolis Business Journal article, "Cancer drug developer Endocyte files for IPO."Mr. Chandler is chair of the Global Services Practice Group and the Entrepreneurial Services Group. He counsels growth-oriented businesses throughout the Midwest. A large portion of his practice includes acquisitions and sales of businesses, franchising, licensing, joint ventures, and strategic alliances locally and internationally. Mr.

Veteran Labor & Employment Attorney Joins Barnes & Thornburg's Minneapolis Office
News Release
Aug 13, 2010
MINNEAPOLIS - Barnes & Thornburg LLP announced today that Tina Syring-Petrocchi, formerly of Ford & Harrison LLP, has joined the Minneapolis office as partner in the Labor & Employment practice.Syring-Petrocchi brings years of experience in employment counseling and litigation, investigating complaints of discrimination and harassment, and evaluating and drafting employment policies and procedures. She advises employers on compliance with state and federal law, ADA accommodations, wrongful terminations, non-compete agreements, and trade secret litigation....

Veteran Patent Attorney and IP Litigator Joins Barnes & Thornburg's Minneapolis Office
News Release
Aug 13, 2010
MINNEAPOLIS – Barnes & Thornburg LLP has announced that Niall A. MacLeod has joined the firm’s Minneapolis office as an of counsel member in the Intellectual Property Law Department.Throughout his career, MacLeod has litigated complex intellectual property disputes throughout the United States, with a particular focus on matters related to medical devices, internet-based systems and technologies, computer hardware and software technologies, and telecommunications systems. Prior to joining Barnes & Thornburg he was an attorney for Myers, Boebel & MacLeod LLP in Minneapolis.MacLeod is the seventh attorney to join Barnes & Thornburg’s Minneapolis office this year, following the additions of labor and employment attorney Tina Syring-Petrocchi from Ford & Harrison LLP; intellectual property litigator Douglas Williams from Fulbright & Jaworski LLP; litigation and intellectual property attorney Aaron A....

Aviation Law Alert - August 2010
Standard Industry Fare Level (SIFL) for Second Half of Calendar Year 2010
Alert
Aug 12, 2010
Click here for a .pdf of the Aviation Alert: Standard Industry Fare Level (SIFL) For Second Half of Calendar Year 2010.The U.S. Department of Transportation, as reported by the National Business Aviation Association, has recently revised the SIFL rates for the six-month period from July 1, 2010 to Dec. 31, 2010.This information is necessary when applying the IRS’ aircraft valuation formula to compute the value of non-business transportation aboard employer-provided aircraft. This is required under IRS Section 1.61-21(g)...

Intellectual Property/Banking Alert - August 2010
Attention Gift Card Issuers, Program Managers and Retailers: Aug. 22 Deadline for Compliance with Gift Card Rules Looms
Alert
Aug 10, 2010
Click here for a PDF of the Intellectual Property/Banking Alert - Attention Gift Card Issuers, Program Managers and Retailers: Aug. 22 Deadline for Compliance with Gift Card Rules LoomsGift card issuers, program managers and retailers should confirm that their gift card program is in compliance with new rules regarding expiration dates and fees, pursuant to Title IV of the Credit Card Accountability, Responsibility and Disclosure Act (CARD Act), which becomes effective for all gift cards sold on or after Aug. 22, 2010.Expiration DateThe expiration date, if any, cannot be earlier than 5 years after the date of purchase, or the date more money is added to the card, and the terms of expiration are clearly and conspicuously stated....

Renewable Energy Alert - August 2010
FERC Issues Order Defining Limits on State Feed-In Tariffs
Alert
Aug 10, 2010
Click here for a PDF of the Renewable Energy Alert - FERC Issues Order Defining Limits on State Feed-In TariffsOn July 15, 2010, the Federal Energy Regulatory Commission (FERC) issued its first major ruling on state feed-in tariffs, partially rejecting a California Public Utilities Commission (CPUC) decision which would have required investor-owned utilities to offer to purchase, at prices set by the CPUC, electricity generated by eligible combined heat and power (CHP) generators using solar and other renewable energy sources. In California Public Utilities Commission, 132 FERC ¶61,047 (Docket Nos. EL10-64-000 and EL10-66-000), FERC ruled that the CPUC’s decision constituted impermissible wholesale rate-setting by the CPUC and was preempted by the Federal Power Act (FPA)....

Barnes & Thornburg Alumni Association Presents - Off The Wall
In The News
Aug 09, 2010
On Tuesday, Sept. 14 from 5:30 p.m. to 7:30 p.m., Barnes & Thornburg's Alumni Association will host "Off the Wall" at The Herron Art Library (former law school building), 735 West New York Street, Indianapolis, IN.Join us and reconnect with Barnes & Thornburg attorneys and alumni. See, touch and feel The Herron Art Library's prized collection of over 400 interesting and creative Artists' Books.What is an Artists' Book?Artists' Books can include poetry, essays and playful text. Photography and collage also come into play. These books, or metaphors, explore 'the container of the written work as a sculptural form', representing artists' ideas that challenge the notion of the traditional book. They can be entirely handmade or mass produced. The key distinction is that they are designed with the intention of the book being the art object, as a means to share their personal expression with others....

Lawyers Weekly USA - New NLRB arbitration memo applies beyond union shops
In The News
Aug 09, 2010
Matt Austin of Barnes & Thornburg LLP's Columbus, Ohio office is quoted in the Aug. 9 Lawyers Weekly USA article, “New NLRB arbitration memo applies beyond union shops.”The Lawyers Weekly USA article highlights the importance of a new arbitration memo that both labor and non-labor attorneys and employers should keep a close eye on.

More Than 120 Barnes & Thornburg LLP Attorneys Listed In The Best Lawyers in America® 2011
News Release
Aug 04, 2010
To download a media release containing the complete list of Barnes & Thornburg attorneys who were selected for inclusion in Best Lawyers, including the area(s) in which they are listed, click here. A national guide of the country's top attorneys has listed 126 attorneys from Barnes & Thornburg LLP. The Best Lawyers in America® 2011 (Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.) recognized attorneys from eight of the firm's 11 offices in 180 legal categories, which was an increase from 166 categories last year.The firm ranked No....

Acquisitions Monthly - The Return of Private Equity
In The News
Aug 01, 2010
David Millard, chair of the Business Department of Barnes & Thornburg LLP and a partner in the firm's Indianapolis, Indiana office, is quoted in the August 2010 Acquisitions Monthly article, “The Return of Private Equity.” According to the article, "There are quite a few large private equity deals coming into the market as debt becomes a little bit easier to raise and a little bit cheaper too. On top of that, private-equity firms are under pressure to invest their funds before their own investors pull the plug on their commitments. Indeed, according to Thomson Reuters’ data, there were 530 buyouts globally with a total value of US$53bn from January 1 to July 12 this year. That compares with 455 buyouts totaling U.S.

Attorney Presentation - Independent College Advancement Associates (ICAA) Summer Conference
In The News
Aug 01, 2010
Bill Nolan of Barnes & Thornburg's Columbus, Ohio office made two presentations at the Independent College Advancement Associates (ICAA) summer conference in Huron, Ohio. ICAA is an association of 90 colleges and universities from Ohio and surrounding states created to foster collaboration and information sharing for fund-raising and development purposes.

Big Brothers Big Sisters Awards Nathan Baker With Kathi Kornas Volunteer of the Year Award
In The News
Jul 30, 2010
Nathan Baker of Barnes & Thornburg's Indianapolis, Indiana office was the recipient of Big Brothers Big Sisters of Central Indiana’s (BBBSCI) Kathi Kornas Volunteer of the Year Award. The Kathi Kornas "Volunteer of the Year" award recognizes an outstanding volunteer who exhibits dedication to the mission of BBBSCI with enthusiasm, loyalty, and love. The award is named in memory of long-time agency volunteer Kathi Kornas.Kathi's parents, Carol and Wayne Kornas, along with her uncle, Charlie Brown, presented the award to Nathan at the July 2010 Board of Directors meeting.

Don Lundberg Elected to Board of Directors of the Indiana Bar Foundation
In The News
Jul 30, 2010
Don Lundberg of Barnes & Thornburg LLP's Indianapolis, Indiana office has joined the board of directors of the Indiana Bar Foundation and chairs the Interest on Lawyers Trust Account Committee.

Atlanta Business News - M&A no longer MIA in Georgia
In The News
Jul 29, 2010
Stuart Johnson, managing partner of Barnes & Thornburg's Atlanta office and chair of the firm's Private Equity Practice Group, is quoted in the July 29 Atlanta Business News article, "M&A no longer MIA in Georgia." According to the article, "Merger and acquisition activity in Georgia skyrocketed 1,874 percent to $27.4 billion in the first half of 2010, compared to the same period a year ago, according to The Mergermarket Group, an independent information service.

Aviation Law Alert - July 2010
FAA Issues Final Rule Regarding Re-Registration and Renewal of Aircraft Registrations
Alert
Jul 28, 2010
Click here for a PDF of the Aviation Law Alert - FAA Issues Final Rule Regarding Re-Registration and Renewal of Aircraft RegistrationsThe long-anticipated FAA final rule (Rule) regarding re-registration and renewal of Aircraft Registrations was published in the Federal Register on July 20, 2010.The FAA Rule has an effective date of Oct. 1, 2010. Under the Rule, U.S. registered aircraft are required to re-register pursuant to a schedule and procedures specified in the Rule. Basically, the Rule assigns a date on which the Certificates of Registration will expire and the aircraft must be re-registered under procedures which result in the re-registration of the entire U.S. fleet over a period of three (3) years.All Certificates issued after Oct....

Barnes & Thornburg Continues Expansion of Atlanta Office With New Business, Litigation Attorneys
News Release
Jul 28, 2010
ATLANTA – Barnes & Thornburg LLP’s aggressive growth in Atlanta continues with the addition of business and transactional attorney Thomas V. Chorey, Jr. and business litigators John L. Watkins and Thomas J. Gallo, who join the firm as partners. All three attorneys join from Chorey, Taylor & Feil, where Chorey was a founding shareholder and chair of the firm’s transactional and business section. Chorey will join the firm’s Business Department, and Watkins and Gallo will join the firm’s Litigation Department."Tom, John and Tom are well known, highly regarded lawyers who bring a wealth of knowledge, experience, and leadership to our office in Atlanta and our clients in the Southeast, and further strengthen our litigation, transactional, and corporate counseling capabilities nationally,” said Stuart Johnson, Managing Partner of Barnes & Thornburg’s Atlanta office....

Disability Law Alert - July 2010
Issuance of New Title II and Title III Regulations Caps 20th Anniversary of the Americans with Disabilities Act
Alert
Jul 28, 2010
Click here for a PDF of the Disability Law Alert - Issuance of New Title II and Title III Regulations Caps 20th Anniversary of the Americans with Disabilities Act Coincident with the 20th anniversary of enactment of the Americans with Disabilities Act (ADA), the U.S. Department of Justice (DOJ) has completed its long-awaited rulemakings to revise its Title II and Title III regulations, and to adopt the July 2004 ADA Accessibility Guidelines (2004 ADAAG) promulgated by the U.S. Access Board as legally enforceable accessible design standards, which DOJ has designated the 2010 ADA Standards for Accessible Design (hereinafter 2010 Standards)....

Securities Alert - July 2010
Dodd-Frank Act Makes Important Changes to the Regulation of Securities Industry Participants, Including Private Fund Advisers and Broker-Dealers
Alert
Jul 28, 2010
Click here for a PDF of the Securities Alert - Dodd-Frank Act Makes Important Changes to the Regulation of Securities Industry Participants, Including Private Fund Advisers and Broker-DealersOn July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act), which significantly changes the regulation of financial institutions and the financial services industry...

David Malson Appointed to Grand Rapids Catholic Secondary Schools Board
In The News
Jul 27, 2010
David Malson of Barnes & Thornburg LLP's Grand Rapids, Michigan office has been appointed to the Grand Rapids Catholic Secondary Schools Board, which governs two high schools and 16 elementary schools in the greater Grand Rapids metropolitan area

Indiana Lawyer - Disciplinary Rulings Explore 'Knowing' Standard
In The News
Jul 27, 2010
Don Lundberg of Barnes & Thornburg's Indianapolis, Indiana office is quoted extensively in an article entitled "Disciplinary Rulings Explore 'Knowing' Standard" in the July 21 issue of The Indiana Lawyer. In the article, he reflects on the tension between two recent Indiana Supreme Court lawyer discipline decisions, both decided on the basis of a "knowing" state-of-mind requirement. Under very similar circumstances, one case held that actual knowledge did not exist, so the "knowing" standard was not met. In the other case, the Court held that an intentional choice to remain ignorant was a basis for finding that a lawyer acted knowingly

The Huffington Post - Blagojevich Defense Attorney Clashes With Judge, Could Be Held In Contempt
In The News
Jul 27, 2010
Pat Cotter, a partner in Barnes & Thornburg LLP's Litigation and White Collar Crime Departments, is quoted in the July 27 The Huffington Post article, “Blagojevich Defense Attorney Clashes With Judge, Could Be Held In Contempt.” In addition to providing commentary on the trial of former Illinois Governor Rod Blagojevich to various news outlets such as The Huffington Post, Pat is providing updates on the trial through a series of regular columns he is authoring for the Chicago Daily Law Bulletin.

Antitrust Alert - July 2010
Third Circuit Creates “Bright-Line Rule” For Legality of Exclusive Contracts
Alert
Jul 26, 2010
Click here for a PDF of the Antitrust Alert - Third Circuit Creates “Bright-Line Rule” For Legality of Exclusive ContractsOn July 23, 2010, the Third Circuit in Race Tires of America, Inc., et al. v. Hoosier Racing Tire Corp., et al., (Case No. 09-3989), affirmed the lower court’s summary judgment decision that exclusive, sole-source contracts between race tire supplier Hoosier Racing Tire (Hoosier) and organizations that sanction motorsports races did not violate the antitrust laws. The Court also provided a “bright-line rule” for assessing the legality of exclusive contracts, permitting such contracts in the sports context where the organization has in good faith decided it wants exclusivity, and freely enters an exclusive contract with a supplier, even if the supplier has a high market share....

Disability Law Alert - July 2010
Department of Justice Marks 20th Anniversary of the Americans with Disabilities Act with Flurry of Regulatory Activity
Alert
Jul 26, 2010
Click here for a PDF of the Disability Law Alert - Department of Justice Marks 20th Anniversary of the Americans with Disabilities Act with Flurry of Regulatory Activity On Monday, July 26, 2010 – the 20th Anniversary of enactment of the Americans with Disabilities Act (ADA) – the U.S. Department of Justice (DOJ) issued four Advance Notices of Proposed Rulemaking (ANPRMs) under the Americans with Disabilities Act (ADA). The four new ANPRMs solicit public comment with respect to establishing accessibility requirements for the following: 1) websites through which places of public accommodation and state and local governments offer goods, services, programs or activities; 2) equipment and furniture; 3) movie captioning and video description; and 4) next generation 9-1-1 service....

Manish Antani appears in The Wall Street Journal analyzing Indian taxation of foreign corporations
In The News
Jul 26, 2010
Manish Antani of Barnes & Thornburg's South Bend, Indiana office is quoted in the July 26 The Wall Street Journal article, “India-Vodafone Tax Flap Test Ties.” Manish provides comments on the potential impact of a tax dispute involving Vodafone in India.

Mark Stuaan Elected to Executive Committee of Wabash College Society of Class Agents
In The News
Jul 26, 2010
Mark Stuaan of Barnes & Thornburg LLP's Indianapolis, Indiana office has been elected to serve on the Executive Committee of Wabash College Society of Class Agents. Mark will serve during the 2010-2012 term.The Society of Wabash College Class Agents is an integral part of the College's initiative to engage alumni as a strategic advantage. Committed alumni are essential to the continuing presence of Wabash College in society as a classical liberal arts college for men.

Mark Stuaan To Serve As Indiana Chair for the Criminal Law and Procedure Committee
In The News
Jul 26, 2010
Mark Stuaan of Barnes & Thornburg LLP's Indianapolis, Indiana office has been elected to serve as Indiana Chair for the Criminal Law and Procedure Committee of the 7th Circuit Bar Association for 2010-2011.The Criminal Law and Procedure Committee monitors amendments to the Federal Rules of Criminal Procedure, the United States Sentencing Guidelines, and the Criminal Rules of the various districts in the Circuit, as well as important Supreme Court and 7th Circuit decisions in the areas of substantive criminal law and criminal procedure.

Attorney Presentation - Courtroom Confidential: Civil Skills for Better Closing Arguments
Attorney Presentations
Jul 23, 2010
Mark Stuaan of Barnes & Thornburg LLP's Indianapolis, Indiana office presented, “Courtroom Confidential: Civil Skills for Better Closing Arguments,” on July 23 in Indianapolis. Hosted by the Indianapolis Bar Association, the session focused on improving trial skills by emphasizing the purpose, formation, and techniques involved in a successful closing argument as a vital part of the litigation practice

Columbus Business First - Tracks off to the races to beat casinos
In The News
Jul 23, 2010
David Paragas, a partner in Barnes & Thornburg LLP's Columbus, Ohio office and a member of the firm's Governmental Services and Finance Departments, is quoted in the July 23 Columbus Business First article, “Tracks off to the races to beat casinos.”

Health Care Law Alert - July 2010
HHS Releases Long-Awaited HIPAA/HITECH Business Associate Proposed Rule
Alert
Jul 23, 2010
Click here for a PDF of the Health Care Alert - HHS Releases Long-Awaited HIPAA/HITECH Business Associate Proposed Rule On July 14, 2010 the U.S. Department of Health and Human Services (HHS) published formal notice of its long-awaited proposed rule under the federal Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). The proposed rule includes important provisions that, when final, will require action by HIPAA covered entities (such as health providers and health plans), their business associates, and their subcontractors. Significant changes include revisions to HIPAA policies and procedures, business associate agreements (BAAs), and updates to HIPAA notice of privacy practices....

Avoiding Legal Pitfalls: Tax Issues for Exempt Organizations All Fundraisers Need to Know
Attorney Presentations
Jul 22, 2010
Paula Goedert, a partner in the Chicago office of Barnes & Thornburg LLP and chair of the firm's Associations and Foundations Practice Group, made a presentation on July 22 entitled, "Avoiding Legal Pitfalls: Tax Issues for Exempt Organizations All Fundraisers Need to Know" to the Association of Fundraising Professionals-St. Louis Regional Chapter, in St. Louis, Mo. On July 25, Paula made a similar presentation at the American College of Surgeons Leadership Conference in Washington, D.C

Business and Securities - July 2010
Dodd-Frank Act Mandates New Corporate Governance and Executive Compensation Requirements
Alert
Jul 21, 2010
Click here for a PDF of the Securities Alert - Dodd-Frank Act Mandates New Corporate Governance and Executive Compensation Requirements.On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Act"). In addition to changes affecting financial service companies, the Act includes a number of corporate governance and executive compensation provisions that apply to all publicly traded companies (subject to exemptions for smaller issuers). The Act requires the SEC to adopt rules implementing various provisions, and many of the new corporate governance and executive compensation requirements may be in effect for the 2011 proxy season....

Financial Institutions - July 2010
Dodd-Frank Act Significantly Changes Regulatory Environment for Community Banks and Thrifts
Alert
Jul 21, 2010
Click here for a PDF of the Financial Institutions Alert - Dodd-Frank Act Significantly Changes Regulatory Environment for Community Banks and Thrifts. On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”) which significantly amends Federal oversight of the financial industry. While much media attention has focused on issues covered by the Act that primarily affect only large financial institutions, such as how to resolve entities that are “too big to fail” and regulate derivatives trading by complex financial holding companies, the Act also includes several provisions that will profoundly affect how community banks, thrifts and small bank and thrift holding companies will be regulated in the future...

Labor & Employment Law Alert - July 2010
Federal Contractors Required to Report First-Tier Subcontract Awards In Excess of $25,000
Alert
Jul 20, 2010
Click here for a PDF of the Labor & Employment Law Alert - Federal Contractors Required to Report First-Tier Subcontract Awards In Excess of $25,000. On July 7, 2010, the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration issued an interim rule requiring federal contractors to make certain disclosures regarding first-tier subcontract awards. In particular, the rule requires contractors to report first-tier subcontract awards expected to be $25,000 or more and, for certain larger government contractors, to report the executive compensation of the top five executives of both the contractor and subcontractor...

Attorney Presentation - Intellectual Property: How to Keep the Lock on Your Special Sauce
Attorney Presentations
Jul 17, 2010
Nigam Acharya of Barnes & Thornburg LLP's Atlanta office participated in a panel discussion entitled, “Intellectual Property: How to Keep the Lock on Your Special Sauce,” on July 17 at the TiE-Atlanta Entrepreneurial Summit in Atlanta, Ga.

Labor & Employment Law Alert - July 2010
Memo May Signal Increased NLRB Attention to Mandatory Arbitration of Employment Claims
Alert
Jul 15, 2010
Click here for a PDF of the Labor & Employment Law Alert: Memo May Signal Increased NLRB Attention to Mandatory Arbitration of Employment Claims In what may be a sign of greater scrutiny of mandatory arbitration clauses, the outgoing General Counsel of the National Labor Relations Board (NLRB) issued a memo that is intended to review and clarify the NLRB’s position on mandatory arbitration clauses. Employers routinely mandate that employees sign arbitration clauses as a condition of employment. Such clauses, often upheld in court as valid provided they do not limit employees’ substantive remedies, prohibit employees from challenging employment practices in a venue other than private arbitration....

Attorney Presentation - Know Your Fiduciary Responsibilities
Attorney Presentations
Jul 14, 2010
Lee Polk of Barnes & Thornburg's Chicago office, and Brian Casey of the firm's South Bend, Indiana office, presented at the Continuing Education Seminar, “Know Your Fiduciary Responsibilities,” held July 14 in South Bend and July 15 in Chicago.

Health Care and Financial Institutions Alert - July 2010
FTC Again Delays Enforcement of Identity Theft Red Flag Rules
Alert
Jul 13, 2010
Click here for a PDF of the Health Care and Financial Institutions Alert - FTC Red Flag Rules Delayed Again.The Federal Trade Commission (FTC) has again delayed enforcement of its identity theft Red Flags Rule (the Rule) through Dec....

Environmental Law Alert - July 2010
ASTM Releases Guidance to Help Identify Potential Vapor Intrusion Risks
Alert
Jul 08, 2010
Click here for a PDF of the Environmental Law Alert - ASTM Releases Guidance to Help Identify Potential Vapor Intrusion Risks.On June 14, 2010, ASTM International published a revised Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions, designated as E2600-10 (the VES Guide). The VES Guide replaces ASTM’s previous version released in March of 2008, which was entitled Standard Practice for the Assessment of Vapor Intrusion into Structures on Property Involved in Real Estate Transactions.The VES Guide provides a process for conducting a vapor encroachment screen (VES) in real estate transactions. This guide could also be used in brownfield redevelopment projects or other redevelopment activities...

Attorney Presentation - Dos and Don'ts of Environmental Report Writing
Attorney Presentations
Jul 07, 2010
Charlie Denton of Barnes & Thornburg's Grand Rapids, Michigan office presented to the Air & Waste Management Association (A&WMA) West Michigan Chapter Annual Technical Conference on “Dos and Don'ts of Environmental Report Writing” on June 4. Attendees included environmental managers, environmental consultants and MDNRE District Office staff.

Indiana Lawyer - Indiana Supreme Court review analyzes trends, voting patterns
In The News
Jul 07, 2010
On July 7, The Indiana Lawyer published the article, “Indiana Supreme Court review analyzes trends, voting patterns,” about a high-profile attorney-authored review that analyzes and highlights the Indiana Supreme Court’s activity over the past year

Intellectual Property Law Alert - July 2010
Supreme Court Rules on Patent-Eligible “Processes” under 35 U.S.C. § 101
Alert
Jul 06, 2010
Click here for a PDF of the Intellectual Property Law Alert - Supreme Court Rules on Patent-Eligible “Processes” under 35 U.S.C. § 101.On June 28, 2010, the United States Supreme Court handed down its much-anticipated decision in Bilski v. Kappos (No. 08-964), in which it ruled on the patent-eligibility of business methods and processes under 35 U.S.C. § 101. While rejecting both the exclusivity of the “machine-or-transformation” test and a categorical exclusion of business methods from patent-eligibility, the Supreme Court nonetheless found the claims of Bilski’s application unpatentable as “attempts to patent abstract ideas.”In October 2008, the U.S....

Labor & Employment Law Alert - July 2010
Oregon Law Continues Trend Disfavoring Credit Checks for Employment Purposes
Alert
Jul 01, 2010
Click here for a PDF of the Labor & Employment Law Alert - Oregon Law Continues Trend Disfavoring Credit Checks for Employment Purposes. In what seems to be a developing trend, another state has restricted the use of credit checks for employment purposes. Effective July 1, 2010, it is unlawful, except under limited circumstances, for an Oregon employer to use credit history in making employment-related decisions....

WREK Atlanta's Inside the Black Box - The Bayh-Dole Act
In The News
Jun 30, 2010
Nigam Acharya of Barnes & Thornburg's Atlanta, Georgia office was a guest on WREK’s Inside the Black Box radio program on June 30. Nigam discussed the ramifications of the Bayh-Dole Act on scientific research.

Attorney Presentation - Environmental Update: Important Changes to Indiana's Remediation Programs...
Attorney Presentations
Jun 29, 2010
David R. Gillay of Barnes & Thornburg LLP's Indianapolis, Indiana office presented at the The National Federation of Independent Business/Indiana - Leadership Council.

Barnes & Thornburg Continues Expansion of Minneapolis Office with Addition of Douglas Williams
News Release
Jun 28, 2010
MINNEAPOLIS - Barnes & Thornburg LLP announced today that Douglas Williams, formerly of Fulbright & Jaworski LLP, has joined the Minneapolis office as a partner in the Intellectual Property practice.Mr. Williams is a trial lawyer with more than 30 years of experience, concentrating his practice on intellectual property cases. He has significant experience in jury and bench trials of patent cases in the medical devices, software, biotech and chemical patents, defense of business method patents, and semiconductor fields.Mr....

Labor & Employment Law Alert - June 2010
Department of Labor Broadens Definition of “Son or Daughter” Under FMLA
Alert
Jun 28, 2010
Click here for a PDF of the Labor & Employment Law Alert - Department of Labor Broadens Definition of “Son or Daughter” Under FMLA.Caring for the child of an unmarried domestic partner will now be covered leave under the Family and Medical Leave Act (FMLA) as a result of a U.S. Department of Labor interpretation letter issued June 22, 2010 which broadens the definition of “son or daughter” under Section 101(12) of FMLA. The DOL issued the letter to clarify the uncertainty as to whether the FMLA applies to child care time for employees who are not legal or biological parents.In broadening family leave rights, Labor Secretary Hilda Solis reasoned that, “No one who steps in to parent a child when that child's biological parents are absent or incapacitated should be denied leave by an employer because he or she is not the legal guardian....

Attorney Presentation - Health Care Reform Legislation
Attorney Presentations
Jun 25, 2010
On June 25, Janilyn Daub and Laura Seng of Barnes & Thornburg's South Bend, Indiana office, along with local insurance representatives and tax accountants, were part of a panel group discussing Health Care Reform Legislation. The Chamber of St. Joseph County, with co-sponsor Lake Michigan Mailers offered this multi-faceted perspective on the new health care reform to let businesses in the community know what this new legislation means to them

BankInfoSecurity.com - Mortgage Fraud: Red Flags & Legal Insights
In The News
Jun 24, 2010
Tom Maxwell of Barnes & Thornburg's Indianapolis, Indiana office was a guest on the June 24 BankInfoSecurity.com podcast, “Mortgage Fraud: Red Flags & Legal Insights.” During the interview, Tom discusses several topics related to mortgage fraud, including steps banks and credit unions can take to prevent mortgage fraud, internal controls that can help financial institutions, and the role financial reform may play in fighting fraud.

Law360 - Lawyers Not Sold On New Patent Examiners Rules
In The News
Jun 24, 2010
Richard Lazarus of Barnes & Thornburg's Washington, D.C., office is quoted in the June 24 Law360 article, “Lawyers Not Sold On New Patent Examiners Rules” on the proposed USPTO examiner changes.

National Public Radio - To the Point
In The News
Jun 24, 2010
Sol Wisenberg of Barnes & Thornburg's Washington, D.C., office was a guest on the June 24 edition of National Public Radio’s To the Point program discussing the Supreme Court's opinions in the honest service trilogy of cases.

Attorney Presentation - Title V Permit Challenges
Attorney Presentations
Jun 23, 2010
Christina Landgraf of Barnes & Thornburg LLP's Chicago office presented “Title V Permit Challenges” before the Chemical Industry Council of Illinois (CICI) on June 23

Indiana Lawyer - Robo-calls at issue in Indiana courts
In The News
Jun 23, 2010
Paul Jefferson of Barnes & Thornburg's Indianapolis, Indiana office is quoted in the June 23 Indiana Lawyer article, “Robo-calls at issue in Indiana courts.” According to the article, "A line of litigation has been playing out in state and federal courts involving what is and isn't allowed under the Automatic Dialing Machines Statute."

Attorney Presentation - Mortgage Industry CEO/President Roundtable
Attorney Presentations
Jun 22, 2010
Mike Gottschlich of Barnes & Thornburg's Indianapolis, Indiana office was a guest panelist at the inaugural Mortgage Industry CEO/President Roundtable held June 22 at the Inverness Hotel and Convention Center in Englewood, Colo.

Attorney Presentation - Physician Employment: Assessing Opportunities and Contract Basics
Attorney Presentations
Jun 22, 2010
On June 22, Carolyn Metnick of Barnes & Thornburg's Chicago office presented to the Mayo Fellows Association, an association of fellows and residents at the Mayo Clinic, on "Physician Employment: Assessing Opportunities and Contract Basics."

Attorney Presentation - The Class Action Explosion: What Every Employer Should Know
Attorney Presentations
Jun 22, 2010
Bill Nolan of Barnes & Thornburg's Columbus, Ohio office spoke on June 23 at the Ohio Labor and Employment Institute in Columbus as part of the panel discussion, "The Class Action Explosion: What Every Employer Should Know." Bill's comments focused on recent activity involving independent contractor misclassification and why that issue could be the next wave of employment class actions.

Labor & Employment Law Alert - June 2010
Department of Labor Provides Guidance Regarding Whether Donning and Doffing Protective Gear Constitutes Compensable Time
Alert
Jun 22, 2010
Click here for a PDF of the Labor & Employment Law Alert - Department of Labor Provides Guidance Regarding Whether Donning and Doffing Protective Gear Constitutes Compensable Time.The Wage and Hour Division of the Department of Labor issued guidance this week regarding whether donning and doffing protective gear is compensable time under the Fair Labor Standards Act (FLSA)....

Attorney Presentation - The HIRE Act: Hiring & Retention Incentives"
Attorney Presentations
Jun 21, 2010
Mark Kittaka of Barnes & Thornburg's Fort Wayne, Indiana office will present a Business Brown Bag workshop on “The HIRE Act: Hiring & Retention Incentives” on June 21 at the Fort Wayne Chamber of Commerce. Mark will discuss the new hiring and retention incentives available under both federal and state law for Indiana employers. Employers will learn about hiring incentives to restore employment and Indiana job creation laws (the Helping Indiana Restart Employment Program)

Employee Benefits Alert - June 2010
Growing Concerns About Scrivener’s Errors in Benefit Plan Documents
Alert
Jun 21, 2010
Click here for a PDF of the Labor Employee Benefits Alert - Growing Concerns About Scrivener’s Errors in Benefit Plan Documents. No employee benefit plan is immune from mistakes. Those mistakes can take the form of errors embedded in plan documents. Thus, employers and administrators occasionally encounter difficult and costly problems when a mistake in a plan document promises an unintended benefit to plan participants.Mistaken plan provisions are often referred to as “scrivener’s errors.” Such errors can occur when “extra” plan language is written into a document accidentally, or when necessary plan language is inadvertently omitted from the plan. In either case, the result can be a costly, unintended consequence which can be enforced under ERISA....

Labor & Employment Law Alert - June 2010
U.S. Supreme Court Invalidates Years' Worth of NLRB Decisions
Alert
Jun 18, 2010
Click here for a PDF of the Labor & Employment Law Alert - U.S. Supreme Court Invalidates Years' Worth of NLRB Decisions. In a split decision, the United States Supreme Court has ruled that nearly 600 National Labor Relations Board decisions decided by a shorthanded board since January of 2008 must be reconsidered because the NLRB did not have the authority to render those decisions.The NLRB is comprised of five members who are nominated by the president and approved by Congress for five-year terms. Due to political wrangling, as terms expired during the past two and a half years, the members were not replaced. Knowing that two seats would become vacant in December 2007, the five-member Board delegated all of its powers to the three remaining board members. The term for one of those three members expired on Jan...

Attorney Presentation - Raising Private Capital in an Uncertain Economy
Attorney Presentations
Jun 16, 2010
David Hooper of Barnes & Thornburg's Indianapolis, Indiana office spoke at the Indianapolis Bar Association seminar, “Raising Private Capital in an Uncertain Economy: Legal Issues with Finders & Unregistered Brokers” held June 16 in Indianapolis.

Attorney Presentation - HR’s Shifting Legal Landscape: The EFCA and Wage and Hour Enforcement
Attorney Presentations
Jun 15, 2010
Ken Yerkes of Barnes & Thornburg's Indianapolis, Indiana office will participate in the June 15 web conference, “HR’s Shifting Legal Landscape: The EFCA and Wage and Hour Enforcement.”With or without passage of the Employee Free Choice Act (EFCA), HR leaders could face a new set of labor-related pressures, from the Obama administration’s increased compliance scrutiny to greater ease of union organization. These pressures coincide with newly enacted reform legislation that will require more efficient and effective deployment of both clinical and non-clinical staff. To help HR leaders prepare for these challenges, Ken will join other legal professionals as a panelist at this event.This event is sponsored by The Advisory Board Company....

Barnes & Thornburg Attorneys, Practice Groups Recognized in 2010 Chambers USA
News Release
Jun 14, 2010
Barnes & Thornburg LLP has received three first-tier rankings and nearly 30 of the firm’s attorneys have been highly rated in the 2010 edition of Chambers USA: A Guide to America’s Leading Lawyers in Business.Chambers USA Directory, an annual publication of London-based Chambers & Partners, has released its USA 2010 rankings and lists Barnes & Thornburg in the first tier in three areas of law – Litigation: General Commercial, Corporate/M&A, and Labor & Employment in Indiana.Other practices that ranked highly include the firm’s Michigan office in Corporate/M&A and Banking and Finance; the Chicago office's Healthcare, Intellectual Property, and Insurance: Dispute Resolution groups; and the Indianapolis office's Real Estate group.Chambers & Partners compiled the 2010 rankings by conducting more than 14,000 interviews with in-house lawyers and purchasers of legal services as well as other lead...

Grand Rapids Press - The Rapid bus system proposes 20-year expansion plan
In The News
Jun 14, 2010
Don Lawless of Barnes & Thornburg's Grand Rapids, Michigan office is quoted in a series of articles highlighting a recently-unveiled 20-year plan to expand The Rapid, the authority that provides a variety of public transportation services for the Grand Rapids metro area.

Attorney Presentation - Free speech rights of public employees
Attorney Presentations
Jun 11, 2010
Jason Clagg of Barnes & Thornburg's Fort Wayne, Indiana office spoke at the Indiana School Boards Association School Law Seminar on June 11 in Indianapolis. Jason presented on the free speech rights of public employees.

Cincinnati Enquirer - Ohio horse tracks consider their own ballot issue
In The News
Jun 11, 2010
David Paragas, a partner in Barnes & Thornburg LLP's Columbus, Ohio office and a member of the firm’s Governmental Services and Finance Departments, is quoted in the June 11 Cincinnati Enquirer article, “Ohio horse tracks consider their own ballot issue.”

Tracy Knox Named "Volunteer of the Year" by Logan Community Resources, Inc.
In The News
Jun 11, 2010
Tracy Knox of Barnes & Thornburg's South Bend, Indiana office has been named Logan Community Resources, Inc. Center “Volunteer of the Year.” Tracy was honored by Logan Community Resources at their annual volunteer luncheon held June 10. Logan Community Resources is a non-profit organization serving the needs of disabled people in the Michiana area for over 60 years.

Attorney Presentation - Bankruptcy: Trade Creditors’ Rights
Attorney Presentations
Jun 10, 2010
Deb Thorne of Barnes & Thornburg's Chicago office presented during the NACM Midwest Education seminar, “Bankruptcy: Trade Creditors’ Rights,” held June 10 in Rolling Meadows, Ill. Deb, along with other presenters, discussed issues ranging from how sellers of services and goods can effectively deal with a troubled buyer both before and after a bankruptcy filing.

Ken Yerkes Elected Fellow of The College of Labor and Employment Lawyers
In The News
Jun 10, 2010
Ken Yerkes of Barnes & Thornburg LLP's Indianapolis, Indiana office has been named a newly elected Fellow of The College of Labor and Employment Lawyers. Ken is one of just six attorneys in the state of Indiana elected as a Fellow of The College, and only the second attorney to be elected from Barnes & Thornburg.The 2010 installation of Fellows will be held Nov. 6 in Chicago, Ill. With the current installation, the College is represented by almost 1,100 members in 46 states, the District of Columbia, Puerto Rico and Canada.The College was the vision of a number of the Fellows. The idea was to further establish the profession in all its aspects as one uniquely important to the world of labor and employment law, individual rights, collective bargaining and dispute resolution. The College was established in 1995 through an initiative of the Council of The Section of Labor and Employment Law of The American Bar Association...

CFOZone.com - ESOPs Making a Comeback
In The News
Jun 03, 2010
Jude Carluccio of Barnes & Thornburg LLP's Minneapolis, Minnesota office and chair of the firm's ESOP Practice Group, is quoted in the June 3 CFOZone.com article, "ESOPs making a comeback." According to the article, "After stagnating for several years, interest in ESOPs, or employee stock ownership plans, is heating up

Labor & Employment Law Alert - June 2010
Department of Defense Rule Puts Contractors Requiring Arbitration of Claims At Risk
Alert
Jun 03, 2010
Click here for a PDF of the Labor & Employment Law Alert - Department of Defense Rule Puts Contractors Requiring Arbitration of Claims At Risk. On May 19, 2010, the Department of Defense (DoD) issued an interim rule implementing Section 8116 of the DoD Appropriations Act for Fiscal Year 2010. Section 8116 embodies a controversial amendment introduced by Senator Al Franken (D-Minn.), which prohibits funding certain defense contracts with entities that require their employees to resolve Title VII claims and certain other tort claims through arbitration. This issue bears watching by all employers as it represents an attack on employers’ discretion in implementing the arbitration of employment claims.The rule prohibits covered contractors from entering into new agreements and enforcing existing agreements that require arbitration of such claims....

Alice Springer To Paricipiate In South Bend/Mishawaka Leadership Program
In The News
Jun 01, 2010
Alice Springer of Barnes & Thornburg's South Bend, Indiana office was accepted into the 2010-2011 South Bend/Mishawaka Leadership program. Only 40-45 participants in the community are accepted into this program each year based on their demonstrated leadership, commitment to community, civic involvement and potential leadership capacity. During this nine month program, participants are offered a unique opportunity to step inside the circle of decision making and problem solving that is shaping the future of St. Joseph Count

Corporate Attorney Roy Hadley Joins Barnes & Thornburg As Aggressive Growth Curve Continues
News Release
Jun 01, 2010
ATLANTA – Barnes & Thornburg LLP’s aggressive growth in Atlanta continues with the addition of corporate attorney Roy E. Hadley, who joins the firm as a partner in the firm’s Business Department. Hadley, formerly of Bryan Cave LLP, is the seventh attorney to join the firm's Atlanta office in 2010, doubling the office's attorney ranks this year alone to 14.A former general counsel in the mobile telecommunications industry, Hadley brings with him a broad background in a variety of areas, including corporate and outsourcing transactions, most notably in intellectual property and technology....

Legal Management Magazine - The new face of law firm diversity
In The News
Jun 01, 2010
Kathleen Anderson of Barnes & Thornburg LLP's Fort Wayne, Indiana office is quoted in the article, “The new face of law firm diversity,” which appears in the May/June edition of Legal Management magazine. Kathleen co-chairs Barnes & Thornburg’s firmwide Diversity Committee. In addition, Dave Farrell, Barnes & Thornburg's director of human resources and chair of the Association of Legal Administrators Committee on Diversity, is quoted in the article

Tim Abeska Elected to St. Joseph County Bar Foundation Board of Directors
In The News
Jun 01, 2010
Tim Abeska of Barnes & Thornburg's South Bend, Indiana office was elected to the board of directors of the St.

WTTW (PBS) - Chicago Tonight
In The News
Jun 01, 2010
Pat Cotter of Barnes & Thornburg LLP's Chicago office participated on a panel discussion on June 1 to discuss the upcoming federal corruption trial against former Illinois Governor Rod Blagojevich. The panel discussion was broadcast on WTTW’s (PBS) Chicago Tonight program.

Labor & Employment Law Alert - May 2010
Supreme Court Holds Clock Restarts Upon Recent Application of Old Policy
Alert
May 28, 2010
Click here for a PDF of the Labor & Employment Law Alert - Supreme Court Holds Clock Restarts Upon Recent Application of Old PolicyThe U.S. Supreme Court has held that Equal Employment Opportunity Commission (EEOC) charges challenging an established policy on grounds that it disparately impacts protected classes can be filed within 300 days of the policy’s most recent application. In Lewis v. City of Chicago, [08-974], the City of Chicago administered a written examination to applicants seeking employment with the Chicago Fire Department. The city randomly drew applicants who scored 89 or above (out of 100) to proceed to the next phase of the application process....

Antitrust and Trade Regulation Alert - May 2010
U.S. Supreme Court Issues Unanimous Decision in American Needle v. NFL
Alert
May 26, 2010
Click here for a PDF of the Antitrust and Trade Regulation Alert - U.S. Supreme Court Issues Unanimous Decision in American Needle v. NFLOn May 24, 2010, the United States Supreme Court in American Needle, Inc. v. National Football League et al., issued a unanimous decision holding that the trademark licensing activities of the National Football League (NFL) constituted concerted action subject to possible Sherman Act Section 1 liability to be evaluated under the rule of reason. This decision has potentially far-reaching implications for joint ventures, trade associations and other joint competitor action, in addition to actions by sports leagues. The Court reaffirmed its rejection of the “form over substance” test, i.e., whether the actors were part of a single entity....

Barnes & Thornburg’s Minneapolis Office Adds Intellectual Property Litigator
News Release
May 26, 2010
MINNEAPOLIS - Litigation and intellectual property attorney Aaron A. Myers has joined Barnes & Thornburg LLP’s Minneapolis office as a member of the firm’s Intellectual Property and Litigation Departments.Myers is a former founding partner of Myers, Boebel & MacLeod LLP, a Minneapolis law firm focusing on intellectual property and commercial litigation.He has represented clients nationwide in intellectual property and commercial litigation. He has also served as outside general counsel to companies on intellectual property concerns and business matters, and has represented individuals and companies within the Twin Cities’ thriving medical device industry...

Health Care Law Alert - May 2010
Medical Associations File Lawsuit to Prevent Application of FTC Red Flags Rule to Physicians
Alert
May 26, 2010
Click here for a PDF of the Health Care Law Alert - Medical Associations File Lawsuit to Prevent Application of FTC Red Flags Rule to PhysiciansThe American Medical Association, American Osteopathic Association and the Medical Society of the District of Columbia filed a lawsuit in federal court seeking to prevent the Federal Trade Commission (FTC) from imposing on physician practices the FTC “Red Flags Rule” regarding consumer identity theft protection.The lawsuit, filed in federal court in Washington on May 21, 2010, alleges that the FTC exceeded its authority under the Fair and Accurate Credit Transactions Act of 2003 (“FACTA”) by extending the application of the Red Flags Rule to physicians....

Labor & Employment Law Alert - May 2010
Rule Requiring Federal Contractors to Display Labor Law Poster Takes Effect Soon
Alert
May 26, 2010
Click here for a PDF of the Labor & Employment Law Alert - Rule Requiring Federal Contractors to Display Labor Law Poster Takes Effect SoonThe Department of Labor released a final rule in the May 20 Federal Register requiring federal contractors to post a notice relating to unionization in their workplaces. The Rule implements Executive Order 13496, which President Obama signed on Jan. 30, 2009. The Rule will take effect 30 days after publication, i.e., beginning on June 21, 2010.Under the Rule, federal contractors and subcontractors will be required to display a poster within their worksites that outline an employee’s rights under the National Labor Relations Act to unionize and collectively bargain with their employer....

Attorney Presentation - American Conference Institute
Attorney Presentations
May 25, 2010
Lee Polk of Barnes & Thornburg's Chicago office spoke at the American Conference Institute program held in New York, May 24-25.

Attorney Presentation - Fraudulent FMLA Leave: How to Protect Your Company Against the Abusers
Attorney Presentations
May 25, 2010
Janilyn Daub of Barnes & Thornburg's South Bend, Indiana office and Eric Stahlhut of the firm's Elkhart, Indiana office gave a presentation on May 25 to the Middlebury chapter of the Michiana Human Resource Association on “Fraudulent FMLA Leave: How to Protect Your Company Against the Abusers.” The session was well-attended by human resource professionals, including clients of the firm and non-client

Indianapolis Star - Ruling on NFL may affect apparel sales
In The News
May 25, 2010
Kendall Millard of Barnes & Thornburg LLP's Indianapolis, Indiana office is quoted in the May 25 Indianapolis Star article, "Ruling on NFL may affect apparel sales." The article examines the impact the Supreme Court’s recent antitrust ruling in American Needle v. the National Football League will have on apparel sales around the league

Law360 - Antitrust Lawyers React to NFL's High Court Loss
In The News
May 25, 2010
Kendall Millard of Barnes & Thornburg LLP's Indianapolis, Indiana office is quoted in the May 25 Law360 article, “Antitrust Lawyers React to NFL’s High Court Loss,” on the Supreme Court’s recent antitrust ruling in American Needle v. the National Football League (NFL)

Employee Benefits Alert - May 2010
New Regulations Significantly Affect Dependent Coverage Under Group Health Plans
Alert
May 24, 2010
Click here for a PDF of the Employee Benefits Alert - New Regulations Significantly Affect Dependent Coverage Under Group Health Plans. On May 10, 2010, the Departments of Health and Human Services, Treasury and Labor issued regulations interpreting the provision under the Patient Protection and Affordable Care Act (PPACA) that requires group health plans and insurers to offer dependent coverage to children until they reach age 26. In interpreting this requirement, the regulations also significantly affect the way in which group health plans can define which minor dependent children are eligible for coverage. These regulations will be effective for plan years on or after Sept....

Health Care Law Alert - May 2010
Fraud, Abuse, and Transparency Provisions of Health Care Reform Law
Alert
May 24, 2010
Click here for a PDF of the Health Care Law Alert - Fraud, Abuse, and Transparency Provisions of Health Care Reform Law.This is the third in a series of Barnes & Thornburg LLP alerts on the subject of health care reformThe Healthcare Department of Barnes & Thornburg has prepared the attached summary of significant provisions of the Patient Protection and Affordable Care Act (Act). This summary is intended to assist health care providers in interpreting the many changes to the law that affect Medicare and Medicaid providers. The Act imposes a number of new affirmative requirements on providers related to payment, referrals, and physician ownership....

Law360 - High Court Rejects Microsoft Appeal of Lucent Verdict
In The News
May 24, 2010
Dan Albers of Barnes & Thornburg LLP's Chicago office is quoted in the May 24 Law360 article, "High Court Rejects Microsoft Appeal of Lucent Verdict." The Law360 article highlights the U.S. Supreme Court's May 24 decision denying "Microsoft Corp.'s challenge to a jury's finding of patent infringement in favor of Lucent Technologies Inc.

Attorney Presentation - Ethics Issues Related to Blogging, Social Media and Metadata
Attorney Presentations
May 21, 2010
Don Lundberg of Barnes & Thornburg's Indianapolis, Indiana office chaired a panel discussion on “Ethics Issues Related to Blogging, Social Media and Metadata” at the Indiana State Bar Association Employment and Labor Law Section's "Fast Friday Seminar.” The event was held May 21 in the Mario Andretti Suite on Legends Row at the Indianapolis Motor Speedway

Columbus Dispatch - Tracks make a last run at slots
In The News
May 21, 2010
David Paragas of Barnes & Thornburg LLP's Columbus, Ohio office is quoted in the May 21 Columbus Dispatch article, "Tracks make a last run at slots." According to the article, lawmakers in Ohio are in the process of debating casino regulations that could decide the fate of the state's race tracks. Race track owners throughout the state are urging lawmakers to approve the use of slot machines at the state's seven tracks

Employee Benefits Alert - May 2010
401(k) Plan Sponsors Should Be On Alert for IRS Questionnaire
Alert
May 21, 2010
Click here for a PDF of the Employee Benefits Alert - 401(k) Plan Sponsors Should Be On Alert for IRS Questionnaire.Last week the IRS announced that it will be issuing a “voluntary compliance” 401(k) plan questionnaire to approximately 1,200 companies that sponsor 401(k) plans. The IRS stated that the questionnaires will be sent at the end of this month and may be responded to electronically. With this announcement, the IRS has signaled its intent to focus heavily on 401(k) compliance, stating that 401(k) plans represent the largest area of qualified plan noncompliance while representing the largest base of retirement plan benefits.Although an employer’s duty to respond to the questionnaire is technically “voluntary,” the IRS did indicate it is very interested in obtaining the data targeted in the survey....

Managing Intellectual Property - Fee-setting bill could delay patent reform
In The News
May 21, 2010
Richard Lazarus of Barnes & Thornburg LLP's Washington, D.C., office, is quoted in the May 21 Managing Intellectual Property article, “Fee-setting bill could delay patent reform,” about the Patent and Trademark Office Funding Stabilization Act of 2010

Barnes & Thornburg Adds Deputy General Counsel of 3M Company to Growing Minneapolis Office
News Release
May 20, 2010
MINNEAPOLIS - Barnes & Thornburg LLP announced today that Thomas A. Boardman will join the Minneapolis office on June 1, 2010 as a partner in the Litigation Department. Boardman joins the firm after a more than 36-year tenure with 3M Company, where he recently served as deputy general counsel, vice president and assistant secretary. In this role, Boardman led the 3M Office of General Counsel, overseeing approximately 170 lawyers and support staff worldwide and a budget in excess of $100 million.He is the third high-profile partner to join the firm’s Minneapolis office this year, following the additions of commercial litigator Annamarie Daley from Robins, Kaplan, Miller & Ciresi LLP and Felicia Boyd, a nationally recognized intellectual property litigator who joined from Faegre & Benson LLP....

Attorney Presentation - Taming The Electronic Beast
Attorney Presentations
May 19, 2010
Bill Nolan and Amy Ita of the Columbus, Ohio office, along with Todd Vare of Barnes & Thornburg's Indianapolis, Indiana office, presented at the May 19 program, "Taming The Electronic Beast.” Presented in connection with the Central Ohio Chapter of the Associate of Corporate Counsel (ACC), the event included discussions on employee monitoring, electronic discovery, and data privacy.

Labor & Employment Law Alert - May 2010
Recent Labor Law Changes Show That EFCA Is Still A Real Threat
Alert
May 19, 2010
Click here for a PDF of the Labor & Employment Law Alert - Recent Labor Law Changes Show That EFCA Is Still A Real Threat.The key objectives of the Employee Free Choice Act (EFCA) are to make union organizing easier, restrict the ability to campaign against unions, and punish employers for expressing their opinions that unionization is not in their companies’ best interests. EFCA has been sitting dormant in Congress, but it has not been forgotten in Washington.Senator Tom Harkin (D-Iowa) recently said he had “no higher priority” than to pass EFCA...

Attorney Presentation - 2010 Credit Congress and Exposition
Attorney Presentations
May 16, 2010
Deb Thorne of Barnes & Thornburg's Chicago office spoke at the National Association of Credit Management’s 2010 Credit Congress and Exposition held May 16-19 in Las Vegas. Deb spoke during a session entitled, "An Update on Preferences and 20-day Claims." In addition, Deb participated in "The Legal Clinic: Ask an Attorney," speaking on Section 503(b)(9) of the Bankruptcy Code

Attorney Presentation - Association for Corporate Growth Intergrowth 2010
Attorney Presentations
May 14, 2010
David Millard, Chair of Barnes & Thornburg LLP's Business Department, presented during the Association for Corporate Growth's Intergrowth 2010 annual conference. The international conference, which was held in Miami, Fla. on May 4-6, attracted approximately 1,800-plus top middle market mergers and acquisitions, private equity, venture capital and corporate development professionals.

Barnes & Thornburg Attorneys, Staff Help Feed Indiana's Hungry
News Release
May 14, 2010
Barnes & Thornburg has once again been recognized as the largest contributing large law firm for the Indiana Attorney General’s second annual March Against Hunger food drive. Attorneys and staff in the firm’s four Indiana offices raised $10,492 in monetary contributions and 1,426 pounds in donations of canned goods and other food items.March Against Hunger is a friendly competition between Indiana lawyers and law firms to raise donations – either of nonperishable foods or direct monetary contributions –for the state’s regional food banks. This year’s event was sponsored by the Office of the Indiana Attorney General and the State Bar in association with Feeding Indiana’s Hungry (FIsH)....

Environmental Law Alert - May 2010
EPA Proposes Phased Tailoring Rule for Permitting Major Stationary Sources for Greenhouse Gases
Alert
May 14, 2010
Click here for a PDF of the Environmental Law Alert - EPA Proposes Phased Tailoring Rule for Permitting Major Stationary Sources for Greenhouse Gases. EPA published the final version of the “Tailoring Rule,” which is meant to address the applicability of the Clean Air Act’s Prevention of Significant Deterioration (PSD) and Title V programs to major stationary sources that emit any combination of six greenhouse gases “GHGs” (measured collectively as CO2 equivalent or “CO2-e”). This Rule, which was posted to the EPA's website on May 13, is effective 60 days after it is published in the Federal Register. EPA has established a docket for this rulemaking under Docket ID No....

Attorney Presentation - UHY Advisors/Home Depot Financial Leaders Seminar
Attorney Presentations
May 12, 2010
Bill Ewing of Barnes & Thornburg's Atlanta office will give a presentation on new tax developments at the UHY Advisors/Home Depot Financial Leaders Seminar held May 12 in Atlanta. The half-day seminar is designed to provide finance and accounting professionals with relevant technical training and information on industry trends

Employee Benefits Alert - May 2010
New Retiree Health Reinsurance Program to Kick Off June 1, 2010
Alert
May 10, 2010
Click here for a PDF of the Employee Benefits Alert - New Retiree Health Reinsurance Program to Kick Off June 1, 2010.As part of the Patient Protection and Affordable Care Act (PPACA), Congress has appropriated $5 billion to provide reimbursement to employer-based health plans for the cost of certain health care benefits for early retirees and their spouses, surviving spouses and dependents. This program is available with respect to all employer-based health plans (both insured and self-insured group health plans) that provide health care benefits to early retirees (defined as former employees who are at least age 55 and who are not covered under Medicare). Regulations issued May 5 provide guidance as to how this reinsurance program will work and announce that the program will become available June 1, 2010....

Environmental Law Alert - May 2010
EPA Proposes New Boiler MACT Rule
Alert
May 10, 2010
Click here for a PDF of the Environmental Law Alert - EPA Proposes New Boiler MACT Rule.Recently U.S. EPA has proposed a sweeping new rule that could impose stricter hazardous air pollutant emissions limitation and other requirement on operators of new and existing boilers and process heaters. The rule which was proposed in part to address a 2007 court order from the DC Circuit Court of Appeals, has three basic parts:Creation of new emissions limitations and/or work practice standards for industrial, commercial, and institutional boilers and process heaters at "major" and "area" sources of hazardous air pollutants (HAPs). Major sources are those with emissions of 10 tons per year or more of any one HAP or 25 tons per year or more of a combination of HAPs....

Environmental Law Alert - May 2010
EPA Releases Proposals for Regulating Coal Combustion Residuals
Alert
May 07, 2010
Click here for a PDF of the Environmental Law Alert - EPA Releases Proposals for Regulating Coal Combustion Residuals.On May 4, 2010, EPA released its proposals to regulate coal combustion residuals (CCRs). After publication in the Federal Register, the public will have 90 days to comment on these proposals.EPA is co-proposing two options. The first option is to regulate CCRs that are generated by electric utilities and independent power producers under Subtitle C of the Resource Conservation and Recovery Act (RCRA) as “special waste subject to regulation under Parts 262 through 268 and Parts 270, 271 and 124” of Title 40 of the Code of Federal Regulations. The second option is to regulate CCRs as solid wastes under Subtitle D of RCRA....

Experienced Environmental Attorneys Join Barnes & Thornburg’s Chicago Office
News Release
May 07, 2010
Two attorneys with deep experience in the handling environmental legal issues for businesses have joined Barnes & Thornburg’s Chicago office. Bruce White and Barbara A. Magel are both partners and members of the firm’s Environmental Law Department.Their additions continue a growth pattern in Chicago and throughout the firm as a number of lateral attorneys have joined Barnes & Thornburg in recent months. In 2009, the Chicago office added eight lateral partners, while the firm added more than 30 lateral partners. Year to date, Barnes & Thornburg has added seven lateral partners, including White and Magel."This is an exciting time to be practicing law at Barnes & Thornburg,” said Mark Rust, managing partner of the firm’s Chicago office. “Bruce and Barbara bring with them a set of experiences that will bolster the services we’re already providing clients in the environmental area....

Governmental Services Law Alert - May 2010
Broadening Definition of Legislative Official Highlights Major Overhaul to Indiana’s Ethics Laws
Alert
May 07, 2010
Click here for a PDF of the Governmental Services Alert - Broadening Definition of Legislative Official Highlights Major Overhaul to Indiana’s Ethics Laws.A broadening definition of those people covered under Indiana’s ethics law is one of many changes that will take effect over the next two years. The new law – House Enrolled Act 1001, Government Ethics – is considered to be the most comprehensive ethics reform in Indiana history and impacts lawmakers, the Governor’s office and lobbyists.Beginning Nov. 1, 2010, the term “legislative official” will be replaced by “legislative person” and will be broadened to include Indiana General Assembly (IGA) candidates, agencies and officers, as well as immediate family members of IGA members, candidates, officers or employees....

Attorney Presentation - Environmental Due Diligence Today
Attorney Presentations
May 06, 2010
Paul Drucker and Christina Landgraf of Barnes & Thornburg LLP's Chicago office presented at the Lake Michigan States Section – Air & Waste Management Association’s May 6 seminar, “Environmental Due Diligence Today: Current Developments in Acquisition and Divestiture Decision Making.” During the seminar, Paul provided attendees with an “Update on Recent Cases Involving the Intersection of Bankruptcy and Environmental Law,” and Christina covered, “2010 SEC Interpretive Guidance on Climate Change Disclosure Obligations and ASTM Standard E2718-10.”

Attorney Presentation - Strategic Counseling to Local Environmental Consulting Firm
Attorney Presentations
May 05, 2010
David R. Gillay of Barnes & Thornburg LLP's Indianapolis, Indiana office provided strategic counseling to a local environmental consulting firm in connection with IDEM's proposed changes to its RISC Guidance documents.

Experienced Litigator Joins Barnes & Thornburg’s Growing Atlanta Office
News Release
May 03, 2010
ATLANTA –Jim Leonard is the latest experienced practitioner to join Barnes & Thornburg LLP’s growing Atlanta office as a partner in the firm’s Litigation Department, and the sixth attorney to join the firm’s Atlanta office in 2010.Formerly of Kilpatrick Stockton LLP, Leonard advises clients on insurance recovery and litigation issues. Insurance recovery litigation is a key practice of Barnes & Thornburg; in fact, in 2010, the firm is ranked as the seventh largest insurance recovery practice nationally by Business Insurance magazine. “We are excited that Jim has decided to join us to help build and grow our Atlanta office,” said Stuart C. Johnson, managing partner of the Atlanta office....

USA Today - Goldman Sachs faces tough choices
In The News
May 02, 2010
Sol Wisenberg of Barnes & Thornburg LLP's Washington, D.C., office is quoted in the May 2 USA Today article, “Goldman Sachs faces tough choices.”

2010 Minority Talent BIO Dinner
In The News
May 01, 2010
On May 1, the 2010 Minority Fellows Program brought together approximately 22 minority graduate students and postdoctoral researchers for the 2010 Minority Talent BIO Dinner. The purpose of the dinner? To give the students a chance to experience what the biotechnology industry has to offer in terms of state-of-the-art research and career opportunities.Before the event, each Fellow was matched with a mentor who will provide the students with one year of personalized mentoring. Participants and their mentors attended the Biotechnology Institute Education Conference (May 1-3) and the BIO 2010 International Convention (May 3-6).Alice Martin of Barnes & Thornburg LLP's Chicago office chairs the subcommittee that arranged for this dinner, and was instrumental in arranging for Debbie K.

City of Connersville's Acquisition of Former Visteon facility Named Amongst Top Ten Deals of 2009
In The News
May 01, 2010
The City of Connersville's acquisition of the former Visteon facility in Connersville, Indiana named one of the Top Ten Deals of 2009. In May 2010, Site Selection, the official publication of the industrial assets management council, listed Connersville's acquisition of the former Visteon facility in December 2009 and pending sale to Carbon Motors as a top ten deal of 2009.

Cristal Clark Briso named "Up and Coming Lawyer" by The Indiana Lawyer
In The News
May 01, 2010
Cristal Clark Brisco of Barnes & Thornburg's South Bend, Indiana office has been named one of 15 Up and Coming Lawyers by The Indiana Lawyer as part of the publication’s fifth annual Leadership in Law Awards. As noted in Cristal’s Leadership in Law profile, “her leadership began early – in high school, Brisco mentored younger girls in her hometown of Gary, Indiana.” During law school, Cristal served as a civil law intern for the Notre Dame Legal Aid Clinic and a public defender extern for the St. Joseph County Juvenile Justice Center.Every year, The Indiana Lawyer selects 30 lawyers and judges in two categories, Distinguished Barrister and Up and Coming Lawyer, to draw attention to individuals that people inside and outside the legal community can look to as positive role models.

David Pruitt selected to Michiana Forty Under 40 Class of 2010
In The News
May 01, 2010
David Pruitt of Barnes & Thornburg LLP's South Bend, Indiana office was selected as a member of the Michiana Forty Under 40 Class of 2010. The Michiana Forty under 40 is a collaborative effort involving The Chamber of Commerce of St. Joseph County, Greater Elkhart Chamber of Commerce, the South Bend Tribune and a number of major employers intended to recognize and honor 40 young professional within the Michiana region for their contribution and accomplishments in both their workplace and community. David will be honored at a luncheon on Friday, June 4th at the Gillespie Conference Center in South Bend. Past honorees from the firm include John Smarrella ('07), Rich Deahl ('08), Jim Tuesley and Mike Palmer ('09

Inside Counsel Magazine - Crossing the Line
In The News
May 01, 2010
Jeanine Gozdecki of Barnes & Thornburg LLP's South Bend, Indiana office is quoted in the May 1 Inside Counsel magazine article, "Crossing the Line: When horseplay gets out of hand, employers face male-on-male sexual harassment claims."

Manish Antani joins Indianapolis mayor on economic development trip to India
In The News
May 01, 2010
Manish Antani of Barnes & Thornburg's South Bend, Indiana office joined Indianapolis Mayor Greg Ballard on a 12-person economic development trip overseas to India this past April. While in India, the firm co-hosted an event in New Delhi for the Mayor. Other co-hosts included Maheshwari & Co., a major Indian law firm with offices throughout the country, and The Imagindia Institute, a leading Indian think tank that has been hired by the Japanese government to conduct research and analysis on specific Indian industries.

Smart Business Magazine - Class Action
In The News
May 01, 2010
Alan Levin, managing partner of Barnes & Thornburg LLP, is featured in the May 2010 Smart Business Magazine cover story, "Class Action: How Alan Levin got his people at Barnes & Thornburg to support growth by providing plenty of details."

Several Barnes & Thornburg attorneys attend the ABA's 2010 Women in Law Leadership Academy
In The News
Apr 29, 2010
Teresa Jakubowski of Barnes & Thornburg's Washington, D.C., office, along with Sarah Kuhny, and Stephanie Artnak of the firm's South Bend office, attended the ABA’s 2010 Women in Law Leadership (WILL) Academy held April 29-30 in Philadelphia.

Attorney Presentation - Chemical Products Liability and Environmental Litigation
Attorney Presentations
Apr 28, 2010
Joe Eaton of Barnes & Thornburg LLP's Indianapolis, Indiana office is slated to participate in the American Conference Institute's "Chemical Products Liability and Environmental Litigation" forum held April 28-29, 2010 in Chicago, Illinois. Joe will be a speaker on the panel, "Considering Ethics in Complex Chemical Products Litigation Matters."Click here to download the brochure for this event</a>

Attorney Presentation - Premises Liability Case Preparation and Trial
Attorney Presentations
Apr 28, 2010
On April 28, Matt Winings of Barnes & Thornburg's Indianapolis office spoke at the National Business Institute's Indianapolis seminar on Premises Liability Case Preparation and Trial.

Attorney Presentation - Secondary Liability in IP
Attorney Presentations
Apr 28, 2010
Felicia Boyd of Barnes & Thornburg's Minneapolis office presented during the April 28 webcast, “Secondary Liability in IP: Looking for the Pot of Gold at the End of the Rainbow.” Sponsored by Minnesota CLE, Felicia presented alongside Paul Mussell of firm client Wells Fargo

Employee Benefits Alert - April 2010
COBRA Subsidy Extended Through May 31
Alert
Apr 28, 2010
Click here for a PDF of the Employee Benefits Alert - COBRA Subsidy Extended Through May 31.For the third time in nearly five months, Congress has extended the COBRA premium assistance program introduced early last year as part of the American Recovery and Reinvestment Act of 2009. On April 15, President Obama signed into law the Continuing Extension Act of 2010 (CEA), extending the eligibility period for the COBRA subsidy to May 31, 2010. It had previously expired on March 31 under the recently enacted Temporary Extension Act of 2010.By way of background, the COBRA subsidy program offers premium assistance for individuals (and their families) who lose coverage under a group health plan because of an involuntary termination of employment (other than gross misconduct) during the period from Sept. 1, 2008 through Dec. 31, 2009....

Barnes & Thornburg Attorney Receives 2010 Burton Legal Achievement Award
News Release
Apr 27, 2010
Barnes & Thornburg LLP partner, Lynn C. Tyler, has been named the recipient of a 2010 Burton Award for Legal Achievement in the category of "Distinguished Law Firm" for his article, "Recent Supreme Court Decision Heightens Pleading Standards, Holds Out Hope for Reducing Discovery Costs."Tyler, a member of Barnes & Thornburg’s Indianapolis office, is a registered patent attorney in the firm’s Intellectual Property Department. He concentrates his practice in litigation of intellectual property matters and in the last several years has participated in more than 15 trials and evidentiary hearings. For appellate matters, he has been the lead counsel in over 30 cases before the U.S. Supreme Court and various federal and state courts. Tyler received his B.A. summa cum laude in 1981 from the University of Notre Dame, his J.D. magna cum laude from the University of Michigan Law School in 1984, and his M.S....

Indiana Lawyer - Real World for Real Girls
In The News
Apr 27, 2010
Terri Bruksch and Jimmie McMillian of Barnes & Thornburg LLP's Indianapolis, Indiana office are mentioned in the April 27 Indiana Lawyer blog post, "Real World for Real Girls." The article, which appeared in The Indiana Lawyer's First Impressions blog, highlighted the April 24 "Real World for Real Girls" event that the firm hosted in partnership with the Circle City Chapter of The Links, Inc. The event was attended by approximately 80 female high school students and focused on promoting health and wellness

The Indiana Lawyer - Real World for Real Girls
In The News
Apr 27, 2010
Terri Bruksch, Crystal Williams and Ethel Badawi of Barnes & Thornburg's Indianapolis office are mentioned in the April 27 Indiana Lawyer blog post, "Real World for Real Girls." The article, which appeared in The Indiana Lawyer's "First Impressions" blog, highlighted the April 24 "Real World for Real Girls" event that the firm hosted in partnership with the Circle City Chapter of The Links, Inc. The event was attended by approximately 80 female high school students and focused on promoting health and wellness

Attorney Presentation - Safety and Efficacy for Natural Cosmeceutical Ingredients
Attorney Presentations
Apr 26, 2010
Julie Dykstra of Barnes & Thornburg LLP's Grand Rapids, Michigan office delivered the “Safety and Efficacy for Natural Cosmeceutical Ingredients” session during the SupplySide East Education Program held April 26-28 in Secaucus, N.J.

Labor & Employment Law Alert - April 2010
DOL and IRS to Scrutinize Misclassification of Independent Contractors
Alert
Apr 26, 2010
Click here for a .pdf of the Labor & Employment Law Alert - DOL and IRS to Scrutinize Misclassification of Independent Contractors.Businesses that utilize independent contractors should be ready for increased scrutiny. As part of President Obama’s federal budget for the upcoming fiscal year, $25 million was requested by the Department of Labor (DOL) to enforce wage and hour laws and pursue employers who misclassify employees as independent contractors. Another $12 million and 90 new investigators were requested by the Wage and Hour Division to expand its efforts to ensure workers are in compliance with the law.The "Misclassification Initiative" also supports new targeted efforts to recoup unpaid payroll taxes due to misclassification through state audits of problem industries supported by federal audits....

Indiana Chapter of the Leukemia & Lymphoma Society Names Ben Pecar "Man of the Year"
In The News
Apr 24, 2010
On April 24, Benjamin Pecar of the Indianapolis office was declared "Man of the Year" by the Indiana Chapter of the Leukemia & Lymphoma Society (LLS) for his fundraising efforts in honor of a little girl named Lauryn. For more than two months Ben raised money on behalf of LLS. At the end of his campaign, Ben was able to raise more than $38,000. The LLS "Man & Woman of the Year Award" is distributed yearly to individuals who help advance the organization's mission: Cure leukemia, lymphoma, Hodgkin's disease and myeloma, and improve the quality of life of patients and their families. Ben will now be entered into a competition for National Man & Woman of the Ye

Attorney Presentation - Antitrust Laws
Attorney Presentations
Apr 23, 2010
Don Knebel of Barnes & Thornburg LLP's Indianapolis, Indiana office made a presentation on antitrust laws to an April 23 meeting of the National Stone, Sand & Gravel Association in Tampa, Fla.

Attorney Presentation - Fifth Annual Behavioral Risk in the Workplace Conference
Cost Containment in a New Economy
Attorney Presentations
Apr 23, 2010
Bill Nolan of Barnes & Thornburg LLP's Columbus, Ohio office was a panel speaker at the 5th Annual Behavioral Risk in the Workplace Conference: Cost Containment in a New Economy, held April 21-23 in Minneapolis, Minn.

Environmental Law Alert - April 2010
EPA Announces National Enforcement Initiatives for 2011-2013
Alert
Apr 23, 2010
Click here for a PDF of the Environmental Law Alert - EPA Announces National Enforcement Initiatives for 2011-2013On Feb. 22, 2010, the United States Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) announced new enforcement goals and the National Enforcement Initiatives for fiscal years 2011-2013.Every three years, EPA sets national enforcement initiatives to address the particular environmental issues, specifically those that are confined to a specific industry sector or source type, which EPA believes effectively may be addressed through a concentrated enforcement initiative led by national enforcement teams....

Environmental Law Alert - April 2010
Great Lakes Restoration Plan
Alert
Apr 22, 2010
Click here for a PDF of the Environmental Law Alert - Great Lakes Restoration PlanIn January 2010, the U.S. Environmental Protection Agency (EPA) and President Barack Obama proposed a five-year, $475 million Great Lakes Restoration Initiative Action Plan. According to a media release issued by the EPA, the Plan “lays out the most urgent threats facing the Great Lakes and sets out goals, objectives and key actions over the next five years to help restore the lakes.”The five-year Great Lakes Restoration Initiative Action Plan, unveiled in January during a meeting with governors from the eight Great Lakes states (which includes Minnesota, Wisconsin, Michigan, Illinois, Indiana, Ohio, Pennsylvania and New York), covers fiscal year 2010-2014 and was developed by 16 federal agencies....

Law360 - Northern Ill. Patent Rules Have Yet to Boost Filings
In The News
Apr 22, 2010
Mark Vrla of Barnes & Thornburg LLP's Chicago office is quoted in the April 22 Law360 article, "Northern Ill.

Barnes & Thornburg Signs Lease at 225 South Sixth For Growing Minneapolis Office
Long-term Agreement Provides 26,000 Square Feet to Accommodate Continued Expansion of Minneapolis Office
News Release
Apr 21, 2010
Barnes & Thornburg LLP announced today that it has signed a new, 10-year lease for approximately one-and-a half floors containing 26,000 square feet of office space located at 225 South Sixth Street, continuing the firm’s strategic growth plan in Minneapolis.One of the most recognizable buildings in Minneapolis, 225 South Sixth Street is a 1.4 million-square-foot class "A" office tower located in downtown Minneapolis. Compared with its existing space at 100 South Fifth Street, the firm’s new space on floors 28 and 27 represents a 33 percent increase for Barnes & Thornburg with options to expand even further in the future.This long-term agreement also follows the recent addition of prominent trial attorney Annamarie Daley and nationally recognized intellectual property litigator Felicia Boyd, who plan to further expand the firm’s Litigation Department and IP Practice in the near-term...

Barnes & Thornburg Ranks as Top Workplace
News Release
Apr 20, 2010
Barnes & Thornburg LLP ranks as the No. 1 large workplace in Central Indiana, according to a report released April 18 by The Indianapolis Star and Workplace Dynamics, a Pennsylania-based survey research company. In addition, Barnes & Thornburg also received a special award called "Clued-in Senior Management."More than 100 companies participated in the 2010 Top Workplace survey, with nearly 20,000 employees responding to a variety of statements. The statements were related to different aspects of the workplace, including management, benefits and appreciation of ethics, training and work/life balance. There was no charge to the company or its employees to take part in the survey.“We are gratified to know that our employees have such a high regard for their workplace,” said Alan A. Levin, firmwide managing partner....

Attorney Presentation - Guns in the Parking Lot and the Becker Board...
Attorney Presentations
Apr 19, 2010
Jerry Lutkus of Barnes & Thornburg LLP's South Bend, Indiana office addressed the Elkhart Rotary Club on April 19

Barnes & Thornburg Attorney Named to Law360's Rising Legal Stars Under 40 List
News Release
Apr 16, 2010
Mike Moon, a partner at Barnes & Thornburg LLP and a co-administrator of the firm’s Litigation Department in Indianapolis, has been named by Law360 as a Rising Legal Star Under 40 in the area of product liability. Moon was one of just 120 attorneys around the country to be selected for inclusion in the Rising Legal Stars list, and his profile was featured in the March 30 edition of Law360.After receiving hundreds of nominations, the list for inclusion in Law360's Rising Legal Stars list was trimmed down to just 10 standouts under 40 years old in each of the following practice areas: intellectual property, employment, bankruptcy, corporate finance, competition, energy, environmental, securities, insurance, product liability, appellate and international trade....

Labor & Employment/Health Care Law Alert - April 2010
Health Care Reform Law Includes New Requirements for Businesses Employing Nursing Mothers
Alert
Apr 16, 2010
Click here for a .pdf of the Labor & Employment/Health Care Law Alert - Health Care Reform Law Includes New Requirements for Businesses Employing Nursing Mothers. The recently signed health care reform law includes a provision which amends the Fair Labor Standards Act adding new requirements for businesses employing nursing mothers. The Amendment requires that an employer provide the nursing mother with a reasonable break time to express breast milk as needed for one year after the child’s birth. An employer is also required to provide the mother with a nursing area, other than a bathroom, that is shielded from view and free from intrusion.The Amendment does not require an employer to compensate the mother for any work time spent nursing....

Attorney Presentation - Advanaced ITAR (Denver, Colo.)
Attorney Presentations
Apr 15, 2010
Karen McGee and Linda Weinberg of Barnes & Thornburg LLP's Washington, D.C., office spoke at the “Advanced ITAR” seminar presented by Thomson/Reuters/West Legal Works on April 15-16, in Denver, Colo.

Attorney Presentation - New SEC Interpretive Guidance on Climate Change Disclosure Requirements
Attorney Presentations
Apr 15, 2010
Christina Landgraf of Barnes & Thornburg LLP's Chicago office gave a presentation to the Chemical Industry Council of Illinois entitled, "New SEC Interpretive Guidance on Climate Change Disclosure Requirements." The presentation took place April 15, 2010

Indiana Publisher - Editors need savvy to navigate posting hazards
In The News
Apr 15, 2010
Jan Carroll of Barnes & Thornburg's Indianapolis office is mentioned in the April 15 Indiana Publisher article, "Editors need savvy to navigate posting hazards." In March 2010, Jan and Kara Kapke reported a victory on behalf of firm client, Lafayette Journal & Courier. The case is the first of its kind in Indiana to hold that a newspaper is not liable for readers' comments posted to its Web site in response to a story. The Indiana Publisher article highlights the outcome of that particular case

Labor & Employment Law Alert - April 2010
The Department of Labor Cracks Down on Unpaid Interns
Alert
Apr 15, 2010
Click here for a .pdf of the Labor & Employment Law Alert - The Department of Labor Cracks Down on Unpaid Interns.The Department of Labor (DOL) has issued guidelines that promise a aggressive stance against unpaid internships. In the past year, unemployment among workers ages 20 to 24 has risen to 16 percent. In many cases, the best alternative to unemployment is an unpaid internship. For-profit employers who tap into this pool of labor may be breaking the law.While non-profits can avail themselves of this source of unpaid labor, for-profit employers can only do so in very narrow circumstances. According to Nancy J....

Attorney Presentation - Best Practices: Dealing with Environmental Issues in Real Estate
Attorney Presentations
Apr 14, 2010
David R. Gillay of Barnes & Thornburg LLP's Indianapolis, Indiana office was a panelist in the 3rd Environmental Deal-Breakers Webinar. On April 14, 2010, David participated as a panelist with other environmental professionals to discuss environmental issues associated with real estate transactions. This panel discussion was part of a two-day seminar organized by Federated Press in Calgary focusing on Real Estate and Business Transactions - "Best Practices: Dealing with Environmental Issues in Real Estate." David's discussion focused on how to assess, evaluate, and manage the vapor intrusion pathwa

Attorney Presentation - Remaining Union Free
Attorney Presentations
Apr 14, 2010
Ken Yerkes of Barnes & Thornburg LLP's Indianapolis, Indiana office presents a seminar on "Remaining Union Free" twice a year. Sponsored by the Indiana State Chamber of Commerce, Ken has presented the seminar annually since 1992. His latest presentation took place on April 14, 2010

Indiana Lawyer - Lawyer Leads the Way: IP attorney heads fundraising campaign for United Way
In The News
Apr 14, 2010
Don Knebel of Barnes & Thornburg LLP's Indianapolis, Indiana office is the subject of the April 14 Indiana Lawyer article, “Lawyer leads the way: IP attorney heads fundraising campaign for United Way.” On March 25, Don was officially designated the Chair for the 2010 United Way Campaign, which covers Marion and five surrounding counties.

Renewable Energy Alert - April 2010
IRS Issues Annual Inflation Factor and Reference Prices for Section 45 Production Tax Credits
Alert
Apr 12, 2010
Click here for a PDF of the Renewable Energy Alert: IRS Issues Annual Inflation Factor and Reference Prices for Section 45 Production Tax Credits.2010 Tax Credit Amounts The IRS recently published the inflation adjustment factor and reference prices for the 2010 calendar year for production tax credits under Section 45 of the Internal Revenue Code....

Attorney Presentation - Trustees Under Fire: Due Process Issues
Attorney Presentations
Apr 10, 2010
John Gregg of Barnes & Thornburg LLP's Grand Rapids, Michigan office participated on a panel entitled, "Trustees Under Fire - Due Process Issues," at the National Association of Bankruptcy Trustees Spring Seminar held April 10 in Savannah, Ga.

Bloomington Herald Times - Johnsen secret keeps Hamilton appointment festive
In The News
Apr 09, 2010
Jan Carroll and Peter Rusthoven of Barnes & Thornburg LLP's Indianapolis, Indiana office are quoted in the April 11 Bloomington Herald Times article, “Johnsen secret keeps Hamilton appointment festive.” On April 9, Jan and Peter spoke at the investiture for Judge David Hamilton. Judge Hamilton was confirmed to the United States Court of Appeals for the Seventh Circuit in November 2009

Climate Change Alert - April 2010
ASTM Releases E2718-10: Standard Guide for Financial Disclosures Attributed to Climate Change
Alert
Apr 09, 2010
Click here for a PDF of the Climate Change Alert - ASTM Releases E2718-10: Standard Guide for Financial Disclosures Attributed to Climate Change. In February 2010, the United States Securities and Exchange Commission (SEC) released its Interpretive Release on Climate Change Disclosure (SEC Release). Subsequently, on April 1, 2010, ASTM International released E2718-10: Standard Guide for Financial Disclosures Attributed to Climate Change (Guide). The Guide is intended for voluntary use by reporting entities.I. Purpose of the GuideThe purpose of the Guide is to assist publicly-traded companies in (1) identifying material financial impacts attributable to climate change that warrant disclosure in their financial statements, and (2) determining the appropriate content of the disclosure....

Columbus Business First - Employers on Watch as Organized Labor Eyes Federal Reform Legislation
In The News
Apr 09, 2010
Matt Austin of Barnes & Thornburg's Columbus, Ohio office is quoted in the April 9 Columbus Business First article, "Employers on Watch as Organized Labor Eyes Federal Reform Legislation."

Columbus Business First - Moyer's fairness, certainty appreciated by business
In The News
Apr 09, 2010
David Paragas of Barnes & Thornburg LLP's Columbus, Ohio office is quoted in the April 9 Columbus Business First article, “Moyer’s fairness, certainty appreciated by business.”

Health Care Law Alert - April 2010
Health Reform Law Builds on Electronic Health Record Incentive Program
Alert
Apr 08, 2010
Click here for a PDF of the Health Care Law Alert: Health Reform Law Builds on Electronic Health Record Incentive Program.This is the second in a series of Barnes & Thornburg LLP alerts on the subject of health care reform.Adopting and using electronic health records in the healthcare setting is a key predicate to many provisions of the series of bills comprising national healthcare reform, the last of which was signed into law last week by President Obama. The implementation date for federal subsidies for electronic health records (EHRs) is coming fast. Beginning in 2011 physicians and hospitals will be eligible to receive financial incentives from the Medicare and Medicaid programs for adopting and engaging in “meaningful use” of EHRs....

Intellectual Property Law Alert - April 2010
Recent Decision Addresses Validity of Patents Covering DNA Sequences
Alert
Apr 07, 2010
Click here for a PDF of the Intellectual Property Law Alert: Recent Decision Addresses Validity of Patents Covering DNA Sequences.In a 156 page opinion issued on March 29, 2010, Judge Robert W. Sweet of the U.S. District Court for the Southern District of New York declared that certain claims to isolated DNA sequences in patents licensed to Myriad Genetics are invalid because they cover unpatentable subject matter (Ass’n for Molecular Pathology v. United States Patent and Trademark Office, No. 09-4515, slip op. (S.D.N.Y. March 29, 2010)....

Attorney Presentation - Environmental Law 101: Local, State and Federal Regulation
Attorney Presentations
Apr 06, 2010
Paul Drucker and Christina Landgraf of Barnes & Thornburg LLP's Chicago office presented, "Environmental 101: Local, State, and Federal Regulation" on April 6 at Northwestern University's Kellogg Graduate School of Management.

Energy, Telecommunications and Utilities Alert - April 2010
Federal Communications Commission Broadband Plan Adopts Recommendations for Energy Independence and Efficiency
Alert
Apr 06, 2010
Click here for a PDF of the Energy, Telecommunications and Utilities Alert: Federal Communications Commission Broadband Plan Adopts Recommendations for Energy Independence and Efficiency.The American Recovery and Reinvestment Act of 2009 (ARRA) charged the Federal Communications Commission (FCC) with developing a national broadband plan (the Plan) to ensure that all people of the United States have access to broadband capability. The ARRA specifically required the Plan to consider broadband’s role in advancing energy independence and efficiency. The FCC submitted its Plan to Congress on March 17, 2010. The Plan’s recommendations for advancing energy efficiency focus on the role of Broadband in supporting a nationwide Smart Grid that enables customers to make more efficient choices about energy supply and better management of the grid....

Minneapolis/St. Paul Star Tribune - Wells Fargo charges a crowd of 'John Does' with fraud
In The News
Apr 06, 2010
Felicia Boyd of the Minneapolis office is quoted in the April 6 Minneapolis/St. Paul Star Tribune article, “Wells Fargo charges a crowd of 'John Does' with fraud.” According to the article, “Wells Fargo & C

Atlanta Journal-Constitution - Too many African-Americans pushed out of school, activists say
In The News
Apr 05, 2010
Richard Boykin of Barnes & Thornburg LLP's Chicago office is quoted in the April 5 Atlanta Journal-Constitution article, “Too many African-Americans pushed out of school, activists say,” and the April 9 Sun News article, “Houston school board reduces student’s penalty in controversial case.” On April 7, Richard participated in a press conference aimed at raising awareness of an increasing trend in the United States, where African-American students are pushed out of traditional schools and into alternative education at disproportionately high rates.

Barnes & Thornburg LLP Continues Growth of Minneapolis Office with Addition of Annamarie Daley
News Release
Apr 05, 2010
Barnes & Thornburg LLP announced today that Annamarie Daley has joined the Minneapolis office as a partner in the Litigation Department....

Minneapolis/St. Paul Star Tribune - No longer legal flyover land
In The News
Apr 05, 2010
Barnes & Thornburg LLP, and in particular the firm's Minneapolis office, is mentioned in the April 5 Star Tribune article, “No longer legal flyover land.” According to the article, several named and unnamed national firms have been eyeballing the Minnesota market, which represents a trend toward the “globalization of business.” Barnes & Thornburg expanded into the Minneapolis legal market in July 2009. At the time, the move marked the firm's 10th office nationwide

Attorney Presentation - Confirmations and Deficiency Actions
Attorney Presentations
Apr 01, 2010
John Mills of Barnes & Thornburg LLP's Atlanta office presented, “Confirmations and Deficiency Actions,” at the April 1 ICLE seminar, “2010 Real Property Foreclosure.” The event, held at the State Bar of Georgia’s headquarters, provided attendees with six CLE hours.

Barnes & Thornburg LLP Attorneys Recognized as 2010 Leading Lawyers in Illinois
News Release
Apr 01, 2010
Twenty-six attorneys from Barnes & Thornburg LLP’s Chicago office have been distinguished as 2010 Leading Lawyers by Leading Lawyers Network, a division of the Law Bulletin Publishing Company.Leading Lawyers Network conducted a statewide search surveying more than 51,000 Illinois lawyers to determine the top lawyers in the state. Those lawyers who were most often recommended by their peers were named Leading Lawyers.The following Barnes & Thornburg attorneys were recognized as leaders in their field:Daniel P. Albers Commercial LitigationFredric P. Andes Environmental LawRichard R. Boykin Governmental, Municipal, Lobbying & Administrative LawLarry D. Blust Closely & Privately Held Business Law / Corporate Finance Law / Gaming & Casino Law / Mergers & Acquisitions Law / Tax Law: BusinessCraig S....

Barnes & Thornburg Receives United Way of Central Indiana's "Company That Cares Award"
In The News
Apr 01, 2010
Barnes & Thornburg LLP has been named the recipient of the United Way of Central Indiana’s (UWCI) Company That Cares Award. This is the 15th year in a row that the firm has received the honor. UWCI’s Company that Cares award recognizes companies that make exceptional commitments through United Way campaigns and partnerships. Don Knebel was officially designated the Chair for the 2010 United Way Campaign

Immigrant Welcome Center in Indianapolis Elects Chris Felts to Board of Directors
In The News
Apr 01, 2010
Chris Felts of Barnes & Thornburg LLP's Indianapolis, Indiana office was elected to the board of directors of the Immigrant Welcome Center in Indianapolis. The Immigrant Welcome Center began community outreach in 2007 through its Natural Helpers program. Natural Helpers are a trained, dedicated group of bilingual volunteers who connect newcomers to a variety of community organizations that can meet their basic needs, such as transportation, health care, employment and job training, education, legal issues, ESL classes, and more

John Mills Reelected to Board of the Bankruptcy Section of the Atlanta Bar Association
In The News
Apr 01, 2010
John Mills of Barnes & Thornburg LLP's Atlanta office was reelected to the board of directors of the Bankruptcy Law Section of the Atlanta Bar Association.Formed in 1975-1976 by C. David Butler, the Bankruptcy Section strives to:Uphold and defend the Constitutions of the United States of America and of the State of Georgia;To further the purposes and goals of the Atlanta Bar;To encourage the participation of members of the Atlanta Bar in matters relating to bankruptcy and laws governing debtor-creditor relations;To provide a means of informing its members about matters relating to laws governing proceedings under Title 11 of the United States Code, 11 U.S.C. 101 et seq.

The M&A Journal - The ESOP: It doesn’t get enough respect
In The News
Apr 01, 2010
David Millard of Barnes & Thornburg LLP's Indianapolis office, and Jude Carluccio of the firm's Minneapolis office, are quoted extensively throughout the April 2010 M&A Journal article, “The ESOP: It doesn’t get enough respect.”From the article: "The market is down. Business valuations have plummeted. Buyers have retreated to the tall grass to survey the scorched savannah before them. You're a privately held company and you want to cash out, or you're a private equity fund looking for exits for your portfolio companies. It's not exactly a seller's market, so what can you do? Consider an ESOP."Click here to download a PDF of the complete article.This article has been reproduced with permission from The M&A Journal

Health Care Law Alert - March 2010
DEA Issues Interim Final Rule on Electronic Controlled Substances Prescriptions
Alert
Mar 31, 2010
Click here for a PDF of the Health Care Law Alert: DEA Issues Interim Final Rule on Electronic Controlled Substances Prescriptions.On March 24, 2010, the federal Drug Enforcement Administration (DEA) issued an interim final rule which will allow electronic prescriptions for controlled substances. The interim final rule appears in today’s Federal Register and will be effective June 1, 2010 unless the effective date is modified following Congressional review. The DEA is accepting public comments on the rule through June 1, 2010.Prior to the interim final rule, electronic prescriptions for controlled substances were not permitted. All prescriptions required the original hard copy signature of the DEA registered practitioner....

Indiana Lawyer - Sharing stories with the community
In The News
Mar 31, 2010
Henry Ryder of Barnes & Thornburg LLP's Indianapolis, Indiana office is quoted in the March 31 Indiana Lawyer, article, "Sharing stories with the community," about his involvement with the Indiana State Bar Association’s oral history project

Indiana Lawyer - The Midwest, Indianapolis legal markets prime for opportunities
In The News
Mar 31, 2010
Barnes & Thornburg LLP is mentioned in the March 31 Indiana Lawyer article, “A changing landscape: The Midwest, Indianapolis legal markets prime for opportunities” about the “regionalization” of law firms

Renewable Energy Alert - March 2010
Treasury Clarifies Construction Start Date Rules for Renewable Energy Projects Receiving Cash Grants
Alert
Mar 31, 2010
Click here for a PDF of the Renewable Energy Alert - Treasury Clarifies Construction Start Date Rules for Renewable Energy Projects Receiving Cash Grants.On March 15, 2010, the Treasury Department provided more guidance to help applicants determine the construction start date for qualifying renewable energy projects in order to qualify for the cash grant program (in lieu of tax credits).BackgroundThe American Recovery and Reinvestment Act of 2009 provides for a cash grant (in lieu of tax credits) equal to 30 percent of the project costs for solar, wind, biomass, geothermal, landfill gas, waste energy, hydropower, marine and fuel cell power projects and 10 percent of the project costs for microturbines, geothermal heat pump systems and combined heat and power cogeneration systems....

Labor & Employment Law Alert - March 2010
President Obama Appoints Craig Becker to NLRB
Alert
Mar 27, 2010
Click here for a PDF of the Labor & Employment Law Alert - President Obama Appoints Craig Becker to NLRB.As we predicted, President Obama unilaterally appointed Craig Becker to the National Labor Relations Board (NLRB). Today was the last day before the Easter Recess and, thus, the last day for President Obama to bypass the usual Senate confirmation process and appoint Becker to the Board.Of Obama’s three Board nominations – to a five member Board – only Becker’s nomination was blocked. Senator John McCain (R-AZ) led the effort to block Becker from being appointed to the NLRB. Recently, all 41 Republican Senators requested that Obama not use his recess appointment power to seat Becker.The controversy around Becker is directly related to his very pro-union agenda....

Energy, Telecommunications and Utilities Alert - March 2010
National Broadband Plan Recommends Uniform Pole Attachment Rates
Alert
Mar 26, 2010
Click here for a PDF of the Energy, Telecommunications and Utilities Alert: New IRS Guidance: National Broadband Plan Recommends Uniform Pole Attachment Rates.This month, the Federal Communications Commission (FCC) finally released Connecting America: The National Broadband Plan (download a PDF of the plan by clicking here. This Plan was required by the American Recovery and Reinvestment Act and provides a “21st century roadmap” of goals and actions necessary to “harness the power of broadband.” The Plan emphasizes the importance of infrastructure access, including access to utility poles, to the deployment of broadband facilities.The Plan recommends uniform rental rates for pole attachments that are as low as possible....

Health Care Law Alert - March 2010
Health Care Overhaul Bill Changes Debated
Alert
Mar 25, 2010
Click here for a PDF of the Health Care Law Alert: Health Care Overhaul Bill Changes Debated.The massive overhaul of the nation’s health care system signed into law on March 23, 2010, the Patient Protection and Affordable Care Act (HR 3590), is still subject to further revision as the Senate continues to debate significant modifications to the bill in the proposed Health Care and Education Affordability Reconciliation Act (HR 4872) (Reconciliation Bill). After the Senate passes a series of changes to the Reconciliation Bill, it will have to go back to the House of Representatives for a final vote....

Health Care Law Alert - March 2010
Health Care Reform: Provider Alert
Alert
Mar 24, 2010
Click here for a PDF of the Health Care Law Alert: Health Care Reform: Provider Alert.Hospitals, physicians and related health care providers have just 20 months to react to changes in the way Medicare, and perhaps the private sector, will begin to pay for services under the comprehensive health care reform legislation signed into law yesterday by President Obama. The massive overhaul of the health care system enacted yesterday, the Patient Protection and Affordable Care Act (the Act), is still subject to revision under a reconciliation bill being debated in the Senate (Click here to download a summary of the Act). The Act will require the purchase of health insurance for nearly 95 percent of the population covering approximately 32 million more Americans by Jan. 1, 2014....

Attorney Presentation - Legal Ethics Surrounding the Use of Social Media
Attorney Presentations
Mar 23, 2010
Matt Austin of the Columbus, Ohio office of Barnes & Thornburg LLP spoke at the Continuing Legal Education Seminar - "Legal Ethics Surrounding the Use of Social Media" held March 23, 2010.

Energy and Utilities Alert - March 2010
New IRS Guidance: Smart Grid Grants Are Not Taxable
Alert
Mar 23, 2010
Click here for a PDF of the Energy and Utilities Alert: New IRS Guidance: Smart Grid Grants Are Not Taxable.Effective March 10, 2010, the Internal Revenue Service (IRS) released Revenue Procedure 2010-20, which provides much anticipated guidance for the electric utility industry on the tax treatment of a Smart Grid Investment Grant (SGIG) made by the U.S. Department of Energy (DOE) to corporations for qualifying investments under the Smart Grid Investment Matching Program.BackgroundIn 2009, the American Recovery and Reinvestment Act included significant funding for SGIGs and demonstration projects. Under this program, known as the Smart Grid Investment Matching Grant Program (42 U.S.C....

Labor & Employment Law Alert - March 2010
ICE Confirms Deadline For Correcting Paperwork Errors
Alert
Mar 23, 2010
Click here for a .pdf of the Labor & Employment Law Alert: ICE Confirms Deadline For Correcting Paperwork Errors.Immigration and Customs Enforcement (ICE) recently confirmed that employers should be provided 10 days to correct technical or procedural paperwork violations following a government I-9 audit.ICE categorizes I-9 errors into two groups: substantive verification failures and technical or procedural verification failures. Substantive errors arise when, for example, Section 2 of the form is not signed or when an employee fails to indicate his or her citizenship status...

Finance, Insolvency and Restructuring Alert - March 2010
11th Circuit Decision Creates Uncertainty for Trade Creditors Selling Goods and Services to Customers in Bankruptcy
Alert
Mar 22, 2010
Click here for a PDF of the Finance, Insolvency and Restructuring Alert: 11th Circuit Decision Creates Uncertainty for Trade Creditors Selling Goods and Services to Customers in Bankruptcy.Trade creditors take note: even though Chapter 11 debtors may continue purchasing goods and services and may continue operating in the ordinary course of their business, an earned cash payment in the creditor’s hands may not be safe from recovery. Moreover if you are a party to a supply contract and under an obligation to continue to furnish goods or services, the payments you receive may be recoverable by a subsequently appointed trustee....

Attorney Presentation - How will EFCA and national policies impact you?"
Attorney Presentations
Mar 19, 2010
Ken Yerkes of the Indianapolis office, John Koenig of the Atlanta office, Matt Austin of the Columbus office, and Tuck Hopkins of the Fort Wayne office presented during the Barnes & Thornburg-sponsored webcast, "How will EFCA and national policies impact you?" The webcast was held March 19, 2010.

Labor & Employment Law Alert - March 2010
Guns to Work Bill Signed by Governor Daniels
Alert
Mar 19, 2010
Click here for a .pdf of the Labor & Employment Law Alert: Guns to Work Bill Signed by Governor Daniels.Indiana Governor Mitch Daniels Thursday signed into law the Emergency Powers and Parking Lots Act, otherwise known as the “Bring Your Gun to Work” Act. The Act, effective July 1, 2010, allows appropriately licensed employees to bring firearms and ammunition onto the property of their employers as long as the weapons and ammunition are locked in a glove box or trunk or stored out of plain sight in a locked vehicle.Governor Daniels, citing language in both the Second Amendment of the U.S. Constitution and the Indiana Constitution, called the legislation appropriate. "I also am compelled to give great weight to the overwhelming consensus of both houses of the General Assembly as they passed this bipartisan statute," Daniels said in a statement....

Attorney Presentation - Human Resources Roundtable on Records Retention
Attorney Presentations
Mar 18, 2010
Matt Austin of the Columbus, Ohio office of Barnes & Thornburg LLP presented at the Builders Exchange of Central Ohio's "Human Resources Roundtable on Records Retention" event, held March 18, 2010.

Attorney Presentation - Basic ITAR (Arlington, Va.)
Attorney Presentations
Mar 11, 2010
Karen McGee and Linda Weinberg of the Washington, D.C., office of Barnes & Thornburg LLP spoke at the “Basic ITAR” seminar presented by Thomson/Reuters/West Legal Works on March 11 in Arlington, Va. The seminar provided an overview of U.S.

Attorney Presentation - Capital Markets Update and How They Are Affecting Your Company's Valuation
Attorney Presentations
Mar 11, 2010
Marcus Chandler and Jeff Hopper of the Indianapolis, Indiana office of Barnes & Thornburg LLP joined several professionals from Raymond James and Spectrum Management as presenters during the March 11 seminar, “Capital Markets Update and How They Are Affecting Your Company's Valuation.” During the event, speakers provided attendees with up to the minute information on where the capital markets are and where they are headed.

Employee Benefits Alert - March 2010
COBRA Subsidy Extended Additional Month and Expanded
Alert
Mar 10, 2010
Click here for a PDF of the Employee Benefits Alert - COBRA Subsidy Extended Additional Month and Expanded . On March 2, 2010, the COBRA subsidy provisions originally enacted under the American Recovery and Reinvestment Act, as extended in December, were once again extended by the Temporary Extension Act of 2010 (TEA). (Our December 2009 Client Alert provides a more detailed discussion of the December extension and expansion of the COBRA subsidy.) TEA requires immediate attention by employers and those assisting employers in administering group health plans.TEA extends and modifies the application of the COBRA subsidy in four important respects....

Indiana Lawyer - Law firms called to fight hunger
In The News
Mar 10, 2010
The firm is mentioned in the March 10 Indiana Lawyer article, “Law firms called to fight hunger.” According to the article, from March 15-31 “Indiana Attorney General Greg Zoeller, the Indiana State Bar Association, and Feeding Indiana’s Hungry are joining forces for the second annual March Against Hunger food drive. Last year, 45 law firms and 10 satellite offices raised the equivalent of 76 tons of food.

Labor & Employment Law Alert - March 2010
Increased Regulation of Workplace Smoking in Michigan
Alert
Mar 08, 2010
Click here for a PDF of the Labor & Employment Law Alert: Increased Regulation of Workplace Smoking in Michigan.Amendments to the Michigan Clean Indoor Air Act (Act) go into effect on May 1, 2010. Although most know that the changes prohibit smoking in bars, restaurants, and public places, the Act also limits smoking in all public and private workplaces. The Act prohibits smoking in all enclosed indoor areas of employment, which are defined as buildings containing one or more employees.The Act requires that employers prohibit employees from smoking in enclosed indoor workplaces and undertake reasonable efforts to enforce the law. Employers that currently have designated indoor smoking areas need to make a plan to eliminate them before May 1. Employers may designate outdoor areas where employees can smoke....

Attorney Presentation - Embracing Social Media: The Legalities of Web 3.0
Attorney Presentations
Mar 05, 2010
Mary Innis of the Chicago office and David Wong of the Indianapolis office of Barnes & Thornburg LLP were panelists at the March 5 New Economy New Rules seminar, “Embracing Social Media: The Legalities of Web 3.0.” The event, part of Techpoint and Barnes & Thornburg’s three-part series on social media marketing, took a critical look at the many legal issues that surround online marketing.

Attorney Presentation - Flash animation in courtroom presentations and electronic briefs
Attorney Presentations
Mar 05, 2010
Dave Bartholomew and Dennis Stolle of Barnes & Thornburg LLP's Indianapolis office and ThemeVision LLC, gave an invited lecture about Flash animation to students taking Digital Media Production in Indiana University's Media Arts & Science Program. During their March 5 presentation, Dave and Dennis discussed the use of Flash animation in courtroom presentations and in electronic briefs, showing examples of some of ThemeVision's recent Flash animations that have been used at trials and in publicly-filed briefs. Dave fielded questions from students regarding various animation techniques as well as the practical realities of building animations under time pressure in high-stakes litigation

Labor & Employment Law Alert - March 2010
“Take Your Gun to Work” Act Passes Indiana General Assembly; To Gov. Daniels for Approval
Alert
Mar 05, 2010
Click here for a .pdf of the Labor & Employment Law Alert: “Take Your Gun to Work” Act Passes Indiana General Assembly; To Gov. Daniels for Approval.The Indiana General Assembly yesterday passed the Emergency Powers and Parking Lots Bill, otherwise known as the “Bring Your Gun to Work” Bill. The bill now goes to Governor Mitch Daniels for signing.Under the Act, Hoosier employees who are appropriately licensed will be able to bring firearms as well as ammunition into the parking areas at their place of work as long as the weapons are locked in the trunks or gloves boxes of their vehicles or stored out of plain sight in a locked vehicle....

Attorney Presentation - March 2010 Labor and Employment Law Roundtable Event
Attorney Presentations
Mar 04, 2010
Janilyn Daub and Jerry Lutkus of the South Bend office, along with Joel Duthie of the Elkhart office, hosted the March 4 Labor and Employment Roundtable Event held in the firm’s Elkhart and South Bend offices. Sponsored by Barnes & Thornburg, the first roundtable event of the year featured attorneys from Barnes & Thornburg and representatives from FlashPoint Human Resource Consulting discussing breaking news on legal issues affecting the workplace. The balance of the program was devoted to discussing the implications of the Lilly Ledbetter Fair Pay Act, the impact of the Equal Pay Act amendments, new record retention strategies, revamping compensation systems, and providing the more than 80 people in attendance with practical tips for avoiding and defending compensation claims

Attorney Presentation - Ponzi Schemes – Bankruptcy Court v. Federal Equity Receivership
Attorney Presentations
Mar 04, 2010
John Mills of Barnes & Thornburg LLP's Atlanta office moderated the business Panel, "Ponzi Schemes – Bankruptcy Court v. Federal Equity Receivership," at the Seventh Annual Emory Bankruptcy Developments Journal Symposium held March 4, 2010

Aviation Law Alert - March 2010
Standard Industry Fare Level (SIFL) for First Half of Calendar Year 2010
Alert
Mar 02, 2010
Click here for a .pdf of the Aviation Alert: Standard Industry Fare Level (SIFL) For First Half of Calendar Year 2010.The U.S. Department of Transportation, as reported by the National Business Aviation Association (NBAA), has recently revised the Standard Industry Fare Level (SIFL) rates for the six-month period from Jan. 1, 2010 to June 30, 2010.This information is necessary when applying the IRS’ aircraft valuation formula to compute the value of non-business transportation aboard employer-provided aircraft. This is required under IRS Section 1.61-21(g)....

Employee Benefits Alert - March 2010
Regulations Issued to Assist Last Approaching Compliance Deadline Under Mental Health Parity Legislation
Alert
Mar 02, 2010
Click here to download a PDF of the Employee Benefits Alert - Regulations Issued to Assist Last Approaching Compliance Deadline Under Mental Health Parity LegislationThe Mental Health Parity and Addiction Equity Act (MHPAEA), passed by Congress in 2008, significantly altered the rules for group health plans (GHPs) providing mental health or substance abuse disorder benefits (the Covered Benefits). The general effective date for the statutory provisions under MHPAEA began with plan years starting on or after Oct. 3, 2009. Earlier this month, the Department of Labor (DOL), the Department of Health and Human Services (HHS) and the Department of the Treasury (Treasury) jointly issued interim final regulations (the Regulations) implementing MHPAEA, effective for Plan Years beginning on or after July 1, 2010 (Jan....

Barnes & Thornburg LLP Recognizes Women’s History Month
News Release
Mar 01, 2010
Since Barnes & Thornburg LLP’s modest beginnings, diversity, inclusion and equality have been the firm’s guiding principles.Shirley Ann Shideler, whose adventure at the firm began as a legal secretary, became the first female partner of any major law firm in the state of Indiana, and the first female president of the Indiana Bar Foundation....

InsideCounsel - Big Sting: January Sting Sets FCPA Precedent
In The News
Mar 01, 2010
Pat Brady of the Chicago office of Barnes & Thornburg LLP is quoted in a series of articles that appear in the March 2010 edition of InsideCounsel magazine. The articles, "Big Sting: January Sting Sets FCPA Precedent," and "Just Another Collar: White-Collar Defense Lawyers Adopt Different Tactics," highlight a January 2010 FCPA sting that saw FBI agents arrest 21 executives at the opening of a gun-industry trade show in Las Vegas.Pat is a partner in the firm’s Litigation Department and White Collar Crime Defense Practice Group.

Stuart Johnson Named Director-At-Large of ACG
In The News
Mar 01, 2010
Stuart Johnson of the Atlanta office of Barnes & Thornburg LLP will serve a one year term as a Director-At-Large of the Association for Corporate Growth (ACG). The Board of Directors of ACG elected officers and directors for terms of office beginning July 1, 2010. ACG members interested in Board service were invited to apply for consideration in the Fall of 2009.

The Death of American Virtue: Clinton vs. Starr
In The News
Mar 01, 2010
Sol Wisenberg of the Washington, D.C., office of Barnes & Thornburg LLP is mentioned and quoted extensively in the new book, The Death of American Virtue: Clinton vs. Starr. Authored by Ken Gormley, the book includes interviews with key players involved in the impeachment trial of President Bill Clinton

United Way of Central Indiana recognizes Barnes & Thornburg for its 2009 "Breakthrough Campaign"
In The News
Mar 01, 2010
Barnes & Thornburg LLP was recognized by the United Way of Central Indiana as one of 47 local companies who stepped up their giving during the United Way’s 2009 annual campaign.

Advertising and Marketing Alert - February 2010
Effective March 1, 2010: New Massachusetts Law Establishes Stricter Standards for Safeguarding Personal and Private Information
Alert
Feb 26, 2010
Click here for a PDF of the Advertising and Marketing Alert - New Massachusetts Law Establishes Stricter Standards for Safeguarding Personal and Private InformationCompanies engaging in e-commerce with Massachusetts residences should be aware that effective March 1, 2010, the Commonwealth of Massachusetts will require a higher level of protection for private information of Massachusetts residents....

Attorney Presentation - Effective Collaboration: A Study in Three Acts
Attorney Presentations
Feb 26, 2010
On Feb. 26, Barnes & Thornburg LLP sponsored and hosted the event, “Effective Collaboration: A Study in Three Acts,” as part of the Indiana Life Sciences Collaboration Conference Series. Through real-world partnerships, role-playing scenarios and interactive audience participation, the program examined both the typical and unanticipated hurdles along the pathway from discovery to commercialization. The event featured Bart Peterson, the former mayor of Indianapolis and current senior vice president for corporate affairs and communications at Eli Lilly and Co. as the keynote speaker.Todd Vare and Marcus Chandler of the firm’s Indianapolis, Indiana office participated on a number of panel discussions during the event. In addition, Todd and Marcus, along with Brad Addison, Jeff Baron, Curt Hidde, Deborah Pollack-Milgate and Rob Sahr participated as "actors" in the role-playing vignett

Minneapolis-St. Paul Business Journal - Barnes & Thornburg hires Felicia Boyd from Faegre
In The News
Feb 26, 2010
Felicia Boyd and Howard Rubin of the Minneapolis office of Barnes & Thornburg LLP are quoted in the Feb. 26 Minneapolis-St. Paul Business Journal article, "Barnes & Thornburg hires Felicia Boyd from Faegre."On Feb. 16, 2010, Felicia joined the Minneapolis office as a partner in the Intellectual Property practice.

Attorney Presentation - Advanced Patent Cooperation Treaty
Attorney Presentations
Feb 25, 2010
Nigam Acharya of Barnes & Thornburg LLP's Atlanta office chaired the presentation, “Advanced Patent Cooperation Treaty,” held Feb. 25 in Atlanta. The event was co-sponsored by the Intellectual Property Law Section of the State Bar of Georgia and offered attendees with six CLE credit hours. Topics covered during the event included the following:Overview of the PCT SystemRule 4.17 DeclarationsPriority Under the Paris ConventionProcedural SafeguardsSupplementary International SearchRecent and Upcoming ChangesThe PCT from an Applicant's ViewStrategies for Entering the National PhaseU.S. National State Entry Under 35 USC 371 vs.

Attorney Presentation - Export Control of Equipment, Technology and Services
Attorney Presentations
Feb 25, 2010
Karen McGee and Linda Weinberg of Barnes & Thornburg LLP's Washington, D.C., office spoke at the “Export Control of Equipment, Technology and Services” seminar presented by Thomson/Reuters/West Legal Works. The event was held Feb. 25-26 in Las Vegas

Attorney Presentation - ISBA Health Law Symposium
Attorney Presentations
Feb 25, 2010
Stacy Cook of the Indianapolis office, Laura Seng of the South Bend office, and Heather Delgado of the Chicago office of Barnes & Thornburg LLP presented at the ISBA Health Law Symposium held Feb. 25 in Indianapolis. Stacy’s presentation was titled, “How to Keep the DEA Away: Guiding Physicians Through Today's Regulatory Reality of Controlled Substances Prescribing,” Laura’s presentation was titled, “Dealing with Disruptive Physician Behavior: Administrative and Legal Consideration,” and Heather’s presentation was titled, “Top Ten Considerations in Purchasing or Selling a Physician Practice.” In addition, Heather served on the event’s planning committee.

Attorney Presentation - Risk Based Closures: Implementation Issues Associated with HEA 1162
Attorney Presentations
Feb 25, 2010
David R. Gillay of Barnes & Thornburg LLP's Indianapolis, Indiana office presented at the Indiana Association of Environmental Professionals - First Quarter 2010 General Membership Meeting.

Attorney Presentation - Environmental Justice Plan Proposal from MDNRE
Attorney Presentations
Feb 24, 2010
Charlie Denton of the Grand Rapids, Michigan office of Barnes & Thornburg LLP was a panel speaker at the Feb. 24 Michigan Association of Environmental Professionals (MAEP) event, "Environmental Justice Plan Proposal from MDNRE: New Challenges for Permitting, Siting/Development, Compliance and Enforcement."On December 11, 2009, the MDEQ (now MDNRE) proposed an Environmental Justice Plan in response to an Executive Directive issued by Governor Granholm.

Attorney Presentation - NACDL Midwinter Meeting and CLE Seminar 2010
Attorney Presentations
Feb 24, 2010
Sol Wisenberg of the Washington, D.C., office of Barnes & Thornburg LLP spoke at the National Association of Criminal Defense Lawyers (NACDL) Midwinter Meeting and CLE Seminar held Feb. 24-27 in Austin, Texas. Sol’s speech was entitled, "Latest Developments in Brady v.

Intellectual Property Law Alert - February 2010
U.S. District Court for the Northern District of Illinois Adopts Local Patent Rules
Alert
Feb 24, 2010
Click here for a PDF of the Intellectual Property Law Alert - U.S. District Court for the Northern District of Illinois Adopts Local Patent Rules The United States District Court for the Northern District of Illinois recently adopted Local Patent Rules governing pre-trial procedure in patent cases. The Local Patent Rules are mandatory for cases filed in the Northern District of Illinois on or after Oct. 1, 2009, and can be applied in earlier-filed cases at the Court’s discretion....

Kokomo Tribune - Cooperation, teamwork leads to tax settlement
In The News
Feb 24, 2010
A Feb. 24, 2010 Kokomo Tribune column penned by Larry Murrell, the attorney for Howard County (Ind.), includes several compliments directed towards the firm, as well as Barnes & Thornburg LLP attorneys Dave Powlen, Rick Hall, Larry Stroble, and Ed Keirn. On Feb. 18, an agreement reached between Chrysler and Howard County cleared the way for Chrysler to pay Howard County governments about $24 million in back property taxes.

Labor & Employment Law Alert - February 2010
EEOC Issues Proposed Rules Regarding ADEA Defense
Alert
Feb 23, 2010
Click here for a PDF of the Labor & Employment Law Alert - EEOC Issues Proposed Rules Regarding ADEA DefenseOn Feb. 18, 2010, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) to more clearly define the meaning of the “reasonable factors other than age” (RFOA) defense under the Age Discrimination in Employment Act (ADEA). The RFOA defense is an affirmative defense asserted by the employer in order to demonstrate that its challenged policy or action was based on "reasonable factors other than age.” This particular NPRM follows two United States Supreme Court cases addressing the RFOA defense: Smith v. City of Jackson and Meacham v....

Advertising and Marketing Alert - February 2010
FTC Warns Marketers Not to ‘Bamboozle’ Consumers With Misleading Biodegradable or Green Claims
Alert
Feb 22, 2010
Click here for a PDF of the Advertising and Marketing Alert - FTC Warns Marketers Not to ‘Bamboozle’ Consumers With Misleading Biodegradable or Green ClaimsCompanies touting eco-friendly products, biodegradable packaging, or other “green” claims should be aware that FTC enforcement relating to such environmental claims is on the rise in the current administration. On Feb....

Attorney Presentation - "Best Practices in Working with the FDA Biologic Team..."
Attorney Presentations
Feb 22, 2010
Julie Dykstra of the Grand Rapids, Michigan office of Barnes & Thornburg LLP will speak at a conference on Clinical and Regulatory Challenges for Biologics held Feb. 22-23 in Baltimore, M

Fifty-eight Barnes & Thornburg LLP Attorneys Named Indiana Super Lawyers 2010®
News Release
Feb 17, 2010
Fifty-eight attorneys from Barnes & Thornburg LLP’s Indiana offices are among this year’s Indiana Super Lawyers 2010®, a listing that appears in the March issue of Indiana Super Lawyers magazine. Barnes & Thornburg had more attorneys listed than any other Indiana law firm. In addition, the firm had 10 attorneys named to “Indiana Rising Stars” 2010.The Indiana attorneys who made this year’s list, including their primary practice area, are:Kathleen M. Anderson, Employment & LaborDennis C. Becker, TaxDean T. Barnhard, Personal Injury Defense: ProductsJohn B. Baxter, Real EstateJohn W. Boyd, Mergers & AcquisitionsCatherine L. Bridge, Mergers & Acquisitions Jan M. Carroll, Business Litigation Joseph C....

Barnes & Thornburg Continues Ohio Expansion With Addition of Prominent Public Policy Attorney
News Release
Feb 16, 2010
Barnes & Thornburg LLP announced today that C. David Paragas has joined the firm’s Governmental Services & Finance Department as a partner in the Columbus, Ohio, and Washington, D.C. offices. Paragas joins the firm from Benesch Friedlander Coplan & Aronoff, where he was managing partner of its Columbus office for eight years, as well as co-chair of the firm’s Public Law Practice group and Economic Growth and Development team.“Barnes & Thornburg has earned the reputation as being a “go to” law firm in the Midwest for virtually all legal needs,” Paragas said. “The firm’s state and federal government affairs lawyers bring a wealth of knowledge and experience to central Ohio, and I am proud to now be part of that team.”Paragas focuses his practice on public policy matters and represents clients before the Ohio General Assembly, state departments, agencies and the courts....

Barnes & Thornburg LLP Expands Minneapolis Office With Addition of Felicia Boyd
Nationally Recognized Intellectual Property Litigator Leads Growth of Minneapolis Office
News Release
Feb 16, 2010
Barnes & Thornburg LLP announced today that Felicia J. Boyd has joined the Minneapolis office as a partner in the Intellectual Property practice. Boyd joins the firm from Faegre & Benson LLP, where she was a partner in the Intellectual Property Litigation and Trademark and Brand Management practices.Boyd focuses her practice on complex intellectual property litigation, leading plaintiff and defense litigation on a wide variety of claims related to patents, copyrights, trademarks and trade dress....

Environmental Law Alert - February 2010
IDEM Releases Critical Guidance for Indiana Remediation Projects
Alert
Feb 16, 2010
Click here for a PDF of the Environmental Law Alert - IDEM Releases Critical Guidance for Indiana Remediation ProjectsPeople performing remediation projects in Indiana must be intimately familiar with recent guidance released by the Indiana Department of Environmental Management (IDEM) that describes how IDEM intends to comply with new state legislation governing investigation and cleanup projects in Indiana. A copy of this guidance is attached. IDEM also just announced the availability of a useful IDEM training webinar discussing this guidance...

Firm's February 2010 Columbus Expansion Makes Headlines
In The News
Feb 16, 2010
Several articles and legal publications have mentioned the firm’s recent Columbus, Ohio expansion, which included the Feb. 16 addition of governmental services and finance attorney C. David Paragas and lobbyist Bridget McAuliffe.

Intellectual Property Today - Barnes & Thornburg LLP Expands Minneapolis Office
In The News
Feb 16, 2010
News of intellectual property attorney Felicia Boyd’s Feb. 16 arrival to Barnes & Thornburg LLP's Minneapolis office has been covered by a number of legal and business publications, including the Feb.

Atlanta Business Chronicle - Creek Capital fund financing growth
In The News
Feb 15, 2010
Stuart Johnson of the Atlanta office of Barnes & Thornburg LLP is quoted in the Feb. 15 Atlanta Business Chronicle article, “Nancy Creek Capital fund financing growth.”Stuart serves as the Managing Partner of the Atlanta office of Barnes & Thornburg LLP, where he is a member of the firm’s Business Department. His practice focuses on counseling growth-oriented middle market businesses on strategic transactional activity and general business matters.

Moreau Quoted in Several Publications Highlighting Sen. Bayh's Decision Not to Seek Third Term
In The News
Feb 15, 2010
Bill Moreau of the Indianapolis/Washington, D.C., office of Barnes & Thornburg LLP has been quoted in a number of articles highlighting Sen. Evan Bayh’s (D-IN) decision not to seek a third term in the U.S. Senate. Bill served Sen. Bayh for five years as, in succession, his deputy secretary of state/chief of staff, gubernatorial transition director, chief of staff, and legislative director.

Indianapolis Recorder - Visual enthusiast lives dream
In The News
Feb 12, 2010
Paul Hunt of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the Feb.

Firm White Collar Defense Group Assists Client in Federal Public Corruption Trial Acquittal
News Release
Feb 11, 2010
Barnes & Thornburg LLP partners Larry A. Mackey and Jason R. Barclay represented a Kentucky road contractor in his acquittal on bribery, obstruction of justice, and other related charges before the U.S. District Court for the Eastern District of Kentucky. It was described by one commentator as the biggest public corruption trial in over 25 years.Firm client Leonard Lawson was charged with conspiracy, bribery, obstruction of justice, and witness tampering. Convictions on all counts would have brought a potential sentence of more than 10 years. A jury deliberated for five hours after the nearly month-long trial. Jurors returned not guilty verdicts on all counts."The Barnes & Thornburg team's hard work in two years of trial preparation, its dedication to the client and its prior experience in complex criminal trials helped the team to gain acquittal for Mr....

Attorney Presentation - Show Me the Money: Fundraising for Private Equity Groups, 2010
Attorney Presentations
Feb 10, 2010
Stuart Johnson of the Atlanta office moderated the panel, “Show Me the Money: Fundraising For Private Equity Groups, 2010” as part of the ACG’s 2010 Atlanta Capital Connection forum. The 2010 Atlanta Capital Connection forum, which was held Feb. 10 in College Park, Ga., presents the opportunity for intermediaries, CFO’s, accountants, lawyers and other deal makers to meet and greet with top private equity principals

Attorney Presentation - Parallel Proceedings
Attorney Presentations
Feb 05, 2010
Sol Wisenberg of Barnes & Thornburg LLP's Washington, D.C., office took part in a panel discussion on Parallel Proceedings at the White Collar Crime Symposium held Feb. 5, 2010 at the University of Texas School of Law.

Barnes & Thornburg LLP Increases Renewable Energy Law Capacity With Atlanta Attorney Additions
News Release
Feb 03, 2010
Barnes & Thornburg LLP announced today that five attorneys have joined the Atlanta office, led by experienced energy transaction attorneys William P. Ewing and Michael A. Lueder, as the firm continues to aggressively build its presence through lateral attorney recruitment.Lueder and Ewing will join as partners in the firm’s Business Department. Lueder was formerly a partner at Troutman Sanders LLP, and Ewing was a partner at Kilpatrick Stockton LLP. Most recently, they were both partners at Marshall & Lueder LLC, where Lueder was also a founding name partner.Their arrival significantly increases the firm's capacity to deliver services for a growing and diversified renewable energy client base. Ewing, a tax lawyer, will serve as co-chair of the firm’s Renewable Energy Practice Group, which offers a wide range of capabilities to the energy industry....

Securities/Climate Change Alert - February 2010
Securities and Exchange Commission Issues Interpretive Guidance on SEC Disclosure Requirements Relating to Climate Change
Alert
Feb 03, 2010
Click here for a PDF of the Securities/Climate Change Alert - Securities and Exchange Commission Issues Interpretive Guidance on SEC Disclosure Requirements Relating to Climate ChangeOn Jan. 27, 2010, the United States Securities and Exchange Commission (SEC) voted 3-2 to clarify that environmental compliance requirements, environmental risks, and potential future regulations, as well as how these developments may affect profitability and business developments, must be included in annual filings to the SEC.The SEC announced that it will issue an interpretive release providing guidance to publicly traded companies on the SEC’s existing disclosure requirements as they apply to business or legal developments relating to climate change....

Law Office Management & Administration Report - Does Your Firm Ban Facebook and Twitter?
In The News
Feb 01, 2010
Jerry Lutkus, a partner in the South Bend, Indiana office of Barnes & Thornburg LLP and a member of the firm’s Labor and Employment Law Department, is quoted in the February 2010 Law Office Management & Administration Report article, “Does Your Firm Ban Facebook and Twitter?”

The Dealmaker's Journal - InterGrowth 2010 promises to enlighten and entertain
In The News
Feb 01, 2010
Stuart Johnson of the Atlanta office of Barnes & Thornburg LLP is quoted in the February 2010 Mergers & Acquisitions, The Dealmaker’s Journal article, “InterGrowth 2010, being held in Miami May 5 and 6, promises to enlighten and entertain.” Stuart is chairman of the Association for Corporate Growth’s InterGrowth 2010 conference.

Environmental Law Alert - January 2010
EPA Releases Draft Recommended Preliminary Remediation Goals for Dioxin in Soil and CERCLA and RCRA Sites
Alert
Jan 29, 2010
Click here for a PDF of the Environmental Law Alert - EPA Releases Draft Recommended Preliminary Remediation Goals for Dioxin in Soil and CERCLA and RCRA SitesIn May 2009, during a visit to Midland, Mich. to review the ongoing cleanup of the Dow Midland plant and the Tittabawassee River, Environmental Protection Agency (EPA) Administrator Lisa Jackson committed to proposing new preliminary cleanup goals (PRGs) for dioxin by the end of 2009. Administrator Jackson also announced that she expected the Agency to complete its reassessment of dioxin risks and release it for public review within the same time frame.On Dec...

Attorney Presentation - Basic ITAR (Washington, D.C.)
Attorney Presentations
Jan 28, 2010
Karen McGee and Linda Weinberg of the Washington, D.C., office spoke at the “Basic ITAR” seminar presented by Thomson/Reuters/West Legal Works on Jan. 28 in Atlanta. The seminar provided an overview of U.S.

The SEC's New Executive Compensation and Corporate Governance Disclosure Rules
Welcome to the Proxy Resource Center
Attorney Presentations
Jan 27, 2010
On Jan. 26, 2010, Barnes & Thornburg LLP attorneys Curt Hidde, David Hooper, and Jeffrey Hopper hosted the Webinar, “The SEC's New Executive Compensation and Corporate Governance Disclosure Rules: What public companies need to know about the new disclosures for 2010 Proxy Statements.”This Web page provides important information discussed during the Webinar, along with Web links and documents to help you understand the requirements and disclosures related to 2010 public company proxy statements. We hope the information below is useful to you, and please feel free to contact us with any questions.Available items include:Our Jan....

Attorney Presentation - In the Eye of the Storm: Effectively Resolving Emerging Climate Change...
Attorney Presentations
Jan 26, 2010
Charlie Denton of the Grand Rapids, Michigan office of Barnes & Thornburg LLP moderated a panel discussion titled, “In the Eye of the Storm: Effectively Resolving Emerging Climate Change Disputes,” held Feb. 23, 2010.

Attorney Presentation - Inequitable Conduct: Is the Plague Continuing?
Attorney Presentations
Jan 26, 2010
Mark Hagedorn of the Chicago office of Barnes & Thornburg LLP will participate on a panel discussion at the 23rd Annual Advanced Intellectual Property Law Course for the Texas Bar CLE. The event will be held March 4-5 in Austin, Texas.

Boy Scouts of America Honors Stuart Johnson with Silver Beaver Award
In The News
Jan 26, 2010
Stuart Johnson of the Atlanta, Georgia office of Barnes & Thornburg LLP has been selected to receive the Silver Beaver Award from the Atlanta Area Council, Boy Scouts of America. The Silver Beaver Award is the highest award that a Boy Scout Council can bestow upon an individual for outstanding service to youth. The award will be presented to Stuart at the Council Silver Beaver Awards Ceremony to be held March 21

Wall Street Journal - The Catch 22 Bust: Some Early Takeaways for FCPA Junkies
In The News
Jan 26, 2010
Pat Brady, a partner in the the Chicago office of Barnes & Thornburg LLP and a member of the firm's White Collar Crime and Litigation Departments, is quoted in the Jan. 26 Wall Street Journal Legal Blog article, "The 'Catch 22' Bust: Some Early Takeaways For FCPA Junkies." Pat was interviewed for some perspective on a recent undercover sting involving Foreign Corrupt Practices Act (FCPA) issues

Barnes & Thornburg LLP Honored With Mayor’s Celebration of Diversity Award
News Release
Jan 25, 2010
Barnes & Thornburg LLP was named the recipient of the Mayor’s Celebration of Diversity Award for Community Relations at the 9th Annual City of Indianapolis Mayor’s Celebration of Diversity Awards Luncheon held Jan. 22 in Indianapolis. Barnes & Thornburg attorneys R. Anthony Prather and Kathleen M. Anderson accepted the award on behalf of the firm.The Mayor’s Celebration of Diversity awards recognize "businesses and organizations that encourage, embrace, and celebrate differences that foster a better place in which to live, work and raise a family." The Community Relations Award, presented to Barnes & Thornburg by Indianapolis Mayor Greg Ballard, goes to a company that promotes "activities that encourage and support diversity in the community."Award winners were selected for their contributions in one of four categories: Development, Community Relations, Leadership, and Workforce. A fifth award – The Sam H....

Intellectual Property Law Alert - January 2010
Federal Circuit Determines Proper Calculation of Patent Term Adjustment for Issued Patents
Alert
Jan 25, 2010
Click here for a PDF of the Intellectual Property Law Alert - Federal Circuit Determines Proper Calculation of Patent Term Adjustment for Issued PatentsOn Jan. 7, 2010, the U.S. Court of Appeals for the Federal Circuit announced a decision that requires the U.S. Patent and Trademark Office (USPTO) to calculate patent term adjustment (PTA) in a manner that could allow additional protection term for many U.S. patents. Wyeth v. Kappos, No. 2009-1120 (Fed. Cir. Jan. 7, 2010). In September 2008, the U.S. District Court for the District of Columbia held that the USPTO’s methods of calculating PTA were incorrect under the statutory requirements of 35 U.S.C. § 154. In its recent decision, the Federal Circuit upheld the lower court’s decision and determined that the statute as written by Congress has been misinterpreted by the USPTO....

The New York Times - Fresh Off a Massachusetts Victory, GOP Aims at Illinois
In The News
Jan 25, 2010
Pat Brady, a partner in the Chicago office of Barnes & Thornburg LLP and a member of the firm's White Collar Crime and Litigation Departments, is quoted in the Jan. 25 The New York Times article, “Fresh Off a Massachusetts Victory, G.O.P. Aims at Illinois,” about the upcoming elections in Illinois and Pat’s role as Illinois State G.O.P.

Environmental Law Alert - January 2010
Michigan DNRE Proposes Environmental Justice Plan
Alert
Jan 22, 2010
Click here for a PDF of the Environmental Law Alert - Michigan DNRE Proposes Environmental Justice PlanOn Dec. 11, 2009, the Michigan DEQ (now DNRE) proposed an Environmental Justice Plan in response to an Executive Directive issued by Governor Granholm. “Environmental justice” means “the fair, non-discriminatory treatment and meaningful involvement of Michigan residents regarding the development, implementation, and enforcement of environmental laws, regulations and policies by this state.” Comments are being accepted through March 5, 2010. A copy of the plan is available on the DNRE Web site: http://www.michigan.gov/documents/deq/envjustplan_304917_7.pdf.Environmental justice is also a key focus of U.S. EPA and a draft Environmental Justice Methodology for the Definition of Solid Waste was recently released....

Environmental Law Alert - January 2010
EPA to Conduct Environmental Justice Analysis of Existing Hazardous Waste Exemptions
Alert
Jan 21, 2010
Click here for a PDF of the Environmental Law Alert - EPA to Conduct Environmental Justice Analysis of Existing Hazardous Waste ExemptionsOn Jan. 13, 2010, the Environmental Protection Agency (EPA) released its Draft Environmental Justice Methodology for the Definition of Solid Waste Final Rule. As had been previously announced, EPA intends to examine the potential adverse impacts of the December 2008 Definition of Solid Waste Rulemaking on minority or low income communities....

Governmental Services and Finance/Business Alert - January 2010
Supreme Court Overturns Corporate Political Activity Restrictions
Alert
Jan 21, 2010
Click here for a PDF of the Governmental Services and Finance/Business Alert - Supreme Court Overturns Corporate Political Activity RestrictionsThis morning, the United States Supreme Court issued a landmark decision that significantly alters the world of campaign finance law, with particular emphasis on how corporations and unions can support candidates for public office.In Citizens United v. Federal Election Commission, the Court issued a ruling that overturns the ban on corporate and union expenditures that are not coordinated with a political committee. For instance, the Court struck down federal statutes that barred union- and corporate-paid issue ads in the closing days of election campaigns....

Several Barnes & Thornburg Attorneys Take Oath of Office for 2010 IBA and IBF Board Positions
In The News
Jan 21, 2010
On Jan. 21, the Indianapolis Bar Association (IBA) and the Indianapolis Bar Foundation (IBF) held their 2010 Installation Luncheon. During the event, Barnes & Thornburg LLP's John Maley took the oath of office as president of the IBF, while Mark Owens was sworn in as an IBF board member. With respect to the IBA, Barnes & Thornburg's Jimmie McMillian was sworn in as an at-large member of the IBA’s board and Bob Grand as board counsel

White Collar Crime Alert - January 2010
First Undercover Sting Indictment Highlights Government’s Priorities in Foreign Corrupt Practices Act Enforcement
Alert
Jan 21, 2010
Click here for a PDF of the White Collar Crime Alert - First Undercover Sting Indictment Highlights Government’s Priorities in Foreign Corrupt Practices Act EnforcementThe first undercover Foreign Corrupt Practices Act (FCPA) investigation in Department of Justice history culminated this week with the indictments of nearly two dozen corporate executives and employees and is a clear sign of the priority the federal government has placed on enforcing the FCPA. The FCPA prohibits U.S. companies from bribing foreign officials to obtain business.Announced by the U.S. Department of Justice, the indictments were obtained after an investigation led by the Federal Bureau of Investigation (FBI) that included an undercover sting operation. It was the first time the federal government conducted a large operation by using undercover law enforcement agents...

Nigam Acharya Appointed to Trademark Reporter Committee
In The News
Jan 20, 2010
Nigam Acharya of the Atlanta, Georgia office of Barnes & Thornburg LLP has been appointed to the The Trademark Reporter (TMR) Committee for the 2010-2011 committee term. The Trademark Reporter (TMR) is INTA's legal journal that contains articles exploring all aspects of trademark law and practice.

White Collar Crime Alert - January 2010
Department of Justice Issues Guidance for Prosecutors Regarding Criminal Discovery
Alert
Jan 15, 2010
Click here for a PDF of the White Collar Crime Alert - Department of Justice Issues Guidance for Prosecutors Regarding Criminal DiscoveryOn Jan. 4, 2010, the U.S. Department of Justice (DOJ) issued a Guidance for Prosecutors Regarding Criminal Discovery (“Guidance”) and announced related organizational and training measures. These steps were widely seen as a response to several recent embarrassing episodes in which DOJ prosecutors failed to disclose exculpatory evidence to white collar criminal defendants in high profile cases. The Guidance is codified at Section 165 of the DOJ’s Criminal Resource Manual.The Criminal Resource Manual is part of the U.S. Attorney’s Manual. Although provisions in the U.S....

Indianapolis Business Journal - IPL: Changing tree-trimming policy could cost utility $100M
In The News
Jan 13, 2010
Teresa Morton of Barnes & Thornburg LLP's Indianapolis, Indiana office is quoted in the Jan

Aviation Law Alert - January 2010
FEC’s New Rules for Carriage of Federal Political Candidates Take Flight in 2010
Alert
Jan 12, 2010
Click here for a PDF of the Aviation Law Alert - FEC’s New Rules for Carriage of Federal Political Candidates Take Flight in 2010Originating from the Honest Leadership and Open Government Act of 2007, the Federal Election Commission (FEC) promulgated new rules governing the carriage of Federal political candidates. The new rules are effective Jan. 6, 2010 and will apply to any individuals traveling in connection with an election for Federal office – including candidates, campaign members, security personnel, media members, authorized committees, and leadership of Political Action Committees for such candidates. This article will explore and summarize the new FEC rules and explain how the 2010 Rules alter the existing 2003 Rules.BackgroundEffective Dec...

Indianapolis Star - New City-County Council president offers new vision
In The News
Jan 12, 2010
Ryan Vaughn of the Indianapolis, Indiana office of Barnes & Thornburg LLP is the subject of the Jan. 12 Indianapolis Star article, “New City-County Council president offers new vision.” On Jan. 11, Ryan was confirmed as the new president of the Indianapolis City-County Council

WRTV - Workers Urged to Set Health Goals, or Pay More
In The News
Jan 12, 2010
Patty Ogden of the Indianapolis, Indiana office of Barnes & Thornburg LLP was interviewed on-camera for the Jan

Attorney Presentation - The Latest on 503(b)(9)
Attorney Presentations
Jan 11, 2010
Debbie Thorne of the Chicago, Illinois office of Barnes & Thornburg LLP presented the seminar, “The Latest on 503(b)(9)” to the National Association of Credit Management on Jan. 11.

Todd Vare Media Hits: 1995-Present
In The News
Jan 11, 2010
Todd Vare, a partner in Barnes & Thornburg LLP's Indianapolis, Indiana office and a member of the Intellectual Property Department, has been quoted in a number of articles and legal publications throughout his career.

Intellectual Property Law Alert - January 2010
Federal Circuit Clarifies the Amount of Statutory Damages Available for False Marking Under Section 292 of the Patent Act
Alert
Jan 06, 2010
Click here for a PDF of the Intellectual Property Law Alert - Federal Circuit Clarifies the Amount of Statutory Damages Available for False Marking Under Section 292 of the Patent Act In its recent decision in Forest Group, Inc. v. Bon Tool Co., No. 2009-1044 (Fed. Cir. Dec. 28, 2009), the U.S. Court of Appeals for the Federal Circuit addressed an issue of first impression regarding the false marking provisions of the Patent Act. Specifically, the court concluded that the statutory damages provided under 35 U.S.C. § 292 must be assessed on a “per article” basis. Id. at 8....

Chicago Lawyer Magazine - Health-care law: A practice that has a far reach
In The News
Jan 01, 2010
Mark Rust of the Chicago, Illinois office of Barnes & Thornburg LLP is quoted in the January 2010 Chicago Lawyer Magazine article, “Health-care law: A practice that has a far reach.” The article highlights the emergence of healthcare law as a mainstream practice area in the 21st century

Debbie Thorne reappointed to Board of the American Bankruptcy Institute (ABI)
In The News
Jan 01, 2010
Debbie Thorne of the Chicago, Illinois office of Barnes & Thornburg LLP has been reappointed to the Board of Directors of the American Bankruptcy Institute (ABI). The ABI is the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. The ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues.

IP Law360 - IP Lawyers' Wish List For 2010
In The News
Jan 01, 2010
Joan Long of the Chicago, Illinois office of Barnes & Thornburg LLP is quoted in the Jan. 1 Law360 article, “IP Lawyers’ Wish List for 2010.” The article highlights the top changes IP attorneys around the country would like to see in their practice area in the new year.

Barnes & Thornburg LLP Listed Among Top Insurance Recovery Law Firms in the United States
News Release
Dec 30, 2009
Barnes & Thornburg LLP has risen again in the rankings of Business Insurance’s annual list of the 10 largest insurance recovery law firms in the United States.Business Insurance, a weekly publication that serves senior-level corporate executives who are responsible for the purchase and administration of corporate insurance/self-insurance programs, ranked Barnes & Thornburg seventh in the nation for the number of attorneys in its insurance recovery practice, up two spots from last year."Barnes & Thornburg has steadily grown its insurance recovery practice over the past few years," said Andy Detherage, who co-chairs the group along with Alan Martin and Charlie Edwards. "This ranking is an acknowledgment of that growth and of our depth and breadth of practice in this area....

Employee Benefits Alert - December 2009
COBRA Subsidy Extended
Alert
Dec 30, 2009
Click here for a PDF of the Employee Benefits Alert - COBRA Subsidy ExtendedOn Dec. 19, 2009, the COBRA premium subsidy provisions under the American Recovery and Reinvestment Act (ARRA) were extended beyond Dec. 31, 2009 and expanded. This extension and expansion are already effective and will require immediate attention by employers and those who assist employers in administering their group health plans.Earlier this year, ARRA established that “assistance eligible individuals” were entitled to receive a 65 percent subsidy for continuation coverage premiums for up to nine months....

Governmental Services Alert
Reminder: City of Indianapolis’ Lobbyist Registration Ordinance To Take Effect Jan. 1, 2010
Alert
Dec 23, 2009
Click here for a PDF of the Governmental Services Alert - Reminder: City of Indianapolis’ Lobbyist Registration Ordinance To Take Effect Jan. 1, 2010Effective Jan. 1, 2010, if you initiate contact with any agency of the City of Indianapolis, the Mayor’s office, the county offices of Assessor, Auditor, Clerk, Coroner, Recorder, Sheriff, Surveyor, Treasurer or the Indianapolis City-County Council (CCC), be advised that the City of Indianapolis will require you to register with the Department of Code Enforcement at www.indy.gov/lobbyist.According to a notice issued on Dec....

Labor & Employment Law Alert - December 2009
President Obama Signs Department of Defense Appropriations Bill
Alert
Dec 23, 2009
Click here for a PDF of the Labor and Employment Law Alert - President Obama Signs Department of Defense Appropriations Bill On Dec. 19, 2009, President Obama signed the Department of Defense appropriations bill H.R. 3326. The final enacted bill includes a controversial amendment introduced by Senator Al Franken (D-Minn.), which prevents the Department of Defense from granting federal contracts in excess of $1 million to entities that require their employees to resolve certain claims through arbitration....

Labor & Employment Law Alert - December 2009
OSHA Launches Diacetyl National Emphasis Program for the Food Flavorings Industry
Alert
Dec 22, 2009
Click here for a PDF of the Labor and Employment Law Alert - OSHA Launches Diacetyl National Emphasis Program for the Food Flavorings IndustryEffective Oct. 30, 2009, OSHA launched its anticipated Diacetyl National Emphasis Program for the food flavorings industry. Diacetyl is a butter flavoring, commonly used in the microwave popcorn industry and flavoring manufacturing establishments. The substance has been known to lead to bronchiolitis obliterans, a potentially fatal lung disease. This NEP follows a separate program targeting diacetyl in the microwave popcorn industry, which ended in 2008. This current NEP is slated to expire three years from the date of issuance.According to OSHA, the purpose of this NEP is to identify and reduce hazards associated with exposure to flavoring chemicals containing diacetyl...

Labor & Employment Law Alert - December 2009
OSHA’s Long-Awaited Recordkeeping National Emphasis Program Underway
Alert
Dec 22, 2009
Click here for a PDF of the Labor and Employment Law Alert - OSHA’s Long-Awaited Recordkeeping National Emphasis Program UnderwayEffective September 30, OSHA launched its long awaited Recordkeeping National Emphasis Program. Citing recent studies with regard to under-recording by employers on OSHA 300 Logs, the NEP is designed to ascertain whether and to what extent employers are under-reporting injuries in the work-place.The NEP will focus on selected industries with high injury and illness rates. Specifically, establishments with 40 or more employees in the following industries that have reported a Days Away, Restricted, or Transferred (DART) rate from 0.0 to 4.2 in 2007 will be targeted....

Attorney Presentation - 2009 Federal Civil Practice Update
Attorney Presentations
Dec 21, 2009
John Maley of Barnes & Thornburg LLP's Indianapolis, Indiana office hosted his annual Federal Civil Practice Update in the firm's Indianapolis office auditorium on Dec. 21, 2009. John addressed the Federal Rule changes and developments in 7th Circuit practice. Other participants included the Hon. Richard L. Young, District Judge, S.D. of Indiana; the Hon. Tim A. Baker, Magistrate Judge, S.D. of Indiana; Donald Wall, Counsel to the Circuit Executive, 7th Circuit Court of Appeals; and Laura A. Briggs, Clerk, S.D. of Indiana

Securities Law Alert
New Executive Compensation and Corporate Governance Disclosures Required for 2010 Proxy Statements
Alert
Dec 21, 2009
Click here for a PDF of the Securites Alert - New Executive Compensation and Corporate Governance Disclosures Required for 2010 Proxy StatementsOn Dec. 16, 2009, the Securities and Exchange Commission (SEC) amended certain rules governing compensation and corporate governance disclosures in proxy statements and other filings made by public companies. The new rules will become effective on Feb....

Women in Business - "Wonders of Technology"
In The News
Dec 18, 2009
Amy Ita of the Columbus, Ohio office of Barnes & Thornburg LLP participated in a roundtable discussion on the "Wonders of Technology" for the Dec. 18 edition of Women in Business, a supplement to The Daily Reporter

Attorney Presentation - Ethics Conflicts
Attorney Presentations
Dec 17, 2009
Ken Inskeep of Barnes & Thornburg LLP's Indianapolis, Indiana office presented at the 2009 Practicing Law in Indiana Ethics seminar held Dec. 17.

Attorney Presentation - Antitrust for Business Lawyers: What you (And Your Clients) Need to Know
Attorney Presentations
Dec 15, 2009
Kendall Millard of the Indianapolis, Indiana office of Barnes & Thornburg LLP gave a presentation to the ICLEF Indiana Business Law Institute held Dec. 15 in Indianapolis.

Environmental/Climate Change Law Alert
GHG Emissions Reductions Commitments and Financing for Developing Countries Remain Hurdles to Agreement in Copenhagen
Alert
Dec 15, 2009
Click here for a PDF of the Environmental Law Alert - GHG Emissions Reductions Commitments and Financing for Developing Countries Remain Hurdles to Agreement in CopenhagenThe first full week of the Copenhagen climate change conference has provided some indication of what future U.S. climate change regulation may look like. While the ultimate goal of the conference is to build on greenhouse gas (GHG) emissions-reduction efforts since the 1997 Kyoto Protocol, the practical goal for many participating countries is to involve the U.S. and rapidly developing countries, such as China and India, in future climate change commitments....

Law360 Ranks Barnes & Thornburg LLP Firm, Practices Among 100 Largest in the Country
News Release
Dec 14, 2009
Online legal news source Law360 has ranked Barnes & Thornburg LLP, and several of its practice areas, among the 100 largest in the country for 2009. Overall, Law360 ranked Barnes & Thornburg as the 83rd largest law firm in the country, with 482 total attorneys practicing in the U.S. at the time of the survey. The publication also ranked the firm in seven of nine additional categories.Earlier this year, Law360 surveyed law firms with 100 or more lawyers, as well as select boutique firms, to find the total number of lawyers working for the firm in both the U.S. and in the following practice areas: Bankruptcy, Competition, Employment, Energy, Environmental, Insurance, Intellectual Property, Product Liability and Securities. Rankings are based on the number of attorneys who dedicate at least 50 percent of their time to the listed practice area....

Attorney Presentation - "Recent Developments in Employment and Labor Law"
Attorney Presentations
Dec 11, 2009
Adam Bartrom of the Fort Wayne office presented on Recent Trends in Retaliation at the Dec.

Attorney Presentation - ACCumulate 2009 Winter Conference
Attorney Presentations
Dec 11, 2009
Several attorneys in Barnes & Thornburg LLP's Indianapolis, Indiana office were panelists at the ACCumulate 2009 Winter Conference held Dec. 11 in Indianapolis.Ken Yerkes presented, “Fearless Firing: Saying Goodbye;” Alan Mills presented “Working with Financially Troubled Vendors, Customers and Companies;” Charlie Edwards was a panelist for the session titled, “Insuring Against In-House Perils: Protecting the Company Lawyers;” and Dave Wong was a panelist for the session titled, “Blogs, IP, FTC, gTLDs, TOUs, ETC. OMG!!! Update Your Status Regarding Online Legal Issues.” The yearly event is sponsored by the Indiana Chapter of the Association of Corporate Counsel

Intellectual Property Law Alert
New USPTO Pilot Program Allows for Accelerated Examination of “Green Technology” Patent Applications
Alert
Dec 11, 2009
Click here for a PDF of the Intellectual Property Law Alert - Copenhagen New USPTO Pilot Program Allows for Accelerated Examination of “Green Technology” Patent ApplicationsOn Dec. 8, 2009, the United States Patent and Trademark Office (USPTO) initiated a pilot program, the "Green Technology Pilot Program," for according special status to patent applications directed to environmental quality, energy conservation, development of renewable energy, and/or greenhouse gas emission reduction. Qualifying applications will be advanced for examination out of turn, which could reduce the average pendency of such applications by up to a year. Typically, patent applications are examined by the USPTO in the order in which they were filed....

Labor & Employment Law Alert - October 2009
Indiana Supreme Court Chips Away at Employment At-Will Doctrine
Alert
Dec 10, 2009
Click here for a PDF of the Labor and Employment Law Alert - Indiana Supreme Court Chips Away at Employment At-Will DoctrineIndiana courts have long followed the employment at-will doctrine where either the employer or employee may terminate the relationship at any time with or without reason. The Indiana Supreme Court has even noted that the presumption of at-will employment “is strong.” There are some exceptions to that presumption, however, and on Dec. 2, 2009, the Indiana Supreme Court added a new one – constructive retaliatory discharge in violation of public policy.In Brennan Baker and Moisture Management v. Tremco Inc. and Rick Gibson, the Court considered whether a former employee can state a claim for wrongful termination when that employee quits – rather than being fired....

Attorney Presentation - "Current Legal Issues Involving the Agriculture Industry"
National Agricultural Credit Conference, Dec. 9-10, 2009
Attorney Presentations
Dec 09, 2009
Dean Barnhard of the Indianapolis, Indiana office of Barnes & Thornburg LLP gave a presentation titled, “Current Legal Issues Involving the Agriculture Industry,” at the National Agricultural Credit Conference held Dec. 9 and 10 in Chicag

Attorney Presentation - Selecting Jurors and Coping with Juror Misconduct in the Age of Web 2.0
Attorney Presentations
Dec 09, 2009
Dennis Stolle of the Indianapolis, Indiana office of Barnes & Thornburg LLP and president of ThemeVision LLC, spoke at the American Conference Institute’s 14th Annual Drug and Medical Device Litigation Conference in New York on Dec. 9. Dennis co-presented with Teri Cotton-Santos of Eli Lilly and Company. Their presentation, titled "Selecting Jurors and Coping with Juror Misconduct in the Age of Web 2.0," focused on the impact of Web 2.0 and social networking on the jury trial process. They provided tips, techniques, and strategies for trial teams to use the Internet to their advantage during trial preparation, and to prevent and cope with the possibility of juror misconduct resulting from jurors conducting outside research on the Internet or otherwise engaging in electronic communications during trial

Law360 - "Barnes & Thornburg Brings Bankruptcy Pro to Atlanta"
In The News
Dec 09, 2009
John Mills and Stuart Johnson of the Atlanta office of Barnes & Thornburg LLP are quoted in the Dec. 9 Fulton County Daily Report article, "In The Trenches: Kilpatrick partner jumps to Barnes & Thornburg," about John’s recent arrival to the firm. In addition, news of John’s arrival was featured in the Dec

Attorney Presentation - GHG Reporting Rule: A Case Study
Attorney Presentations
Dec 08, 2009
Christina Landgraf of Barnes & Thornburg LLP's Chicago office joined John Iwanski of Trinity Consultants to present, "GHG Reporting Rule: A Case Study" on Dec. 8, 2009. The event was hosted by the Chemical Industry Council of Illinois

Attorney Presentation - The Greenhouse Gas Monitoring Rule
Attorney Presentations
Dec 08, 2009
Christina Landgraf of the Chicago office of Barnes & Thornburg LLP spoke before the Chemical Industry Council of Illinois on Dec. 8 regarding the Greenhouse Gas Monitoring Rule. Christina, who was joined during her presentation by John Iwanski of Trinity Consultants, provided attendees with a case study on the Greenhouse Gas Monitoring Rule’s applicabilit

Environmental/Climate Change Law Alert
EPA Speaks: Greenhouse Gases Pose Health and Environmental Risks to Americans
Alert
Dec 08, 2009
Click here for a PDF of the Environmental Law Alert - EPA Speaks: Greenhouse Gases Pose Health and Environmental Risks to AmericansAs world leaders gather this week in Copenhagen for the historic global climate change conference, the U.S. Environmental Protection Agency (EPA) has announced that greenhouse gases (GHG) endanger the health and environment of Americans. The finding, which was made by EPA Administrator Lisa P. Jackson during a news conference this week, is a key step in the EPA’s move toward establishing regulations to limit GHG emissions.The endangerment finding was in response to a 2007 U.S. Supreme Court case, Massachusetts v. EPA, 549 U.S. 497, where the court ruled that carbon dioxide could be regulated as a pollutant under the Clean Air Act....

Experienced Bankruptcy Attorney Joins Barnes & Thornburg LLP's Atlanta Office
News Release
Dec 08, 2009
Barnes & Thornburg LLP has added experienced bankruptcy attorney John W. Mills, III, to the firm’s Atlanta office as the firm continues to aggressively build its presence in the Atlanta market through lateral attorney recruitment.Mills, formerly a partner at Atlanta’s Kilpatrick Stockton LLP, joins the firm’s Finance, Insolvency and Restructuring (FIR) Department as a partner. He concentrates his practice on bankruptcy, debtor/creditor rights, bankruptcy acquisitions and insolvency related litigation. Mills is the first bankruptcy practitioner to join the firm’s Atlanta office."John’s addition continues our focus on adding experienced, seasoned attorneys who share our vision of building a strong, multi-disciplinary office to serve our clients in the Southeast....

Attorney Presentation - "Catalyzing Collaborations Between Academia and Industry Drug Development"
Attorney Presentations
Dec 07, 2009
Alice Martin of the Chicago office of Barnes & Thornburg LLP was invited to be a panelist in a workshop entitled “Catalyzing Collaborations Between Academia and Industry Drug Development” held Dec. 7 at the University Technology Park, Illinois Institute of Technology.

Attorney Presentation - "Hidden Problems in PCT Cases"
Attorney Presentations
Dec 07, 2009
Richard Lazarus of the Washington, D.C., office of Barnes & Thornburg LLP spoke at the 20th Annual Meeting of the Intellectual Property Owners Association held Dec. 7 at the Ronald Reagan Building and International Trade Center in Washington, D.C

Attorney Presentation - "Noncompetition Agreements for the HR Professional"
Attorney Presentations
Dec 07, 2009
Bill Nolan and Amy Ita of Barnes & Thornburg LLP's Columbus office will host an upcoming Lorman Education Services teleconference entitled, "Noncompetition Agreements for the HR Professional: Protecting the Company's Business Resources," on Dec. 7, 2009 at 1 p.m....

Dr. Christina Studebaker to serve on editorial board of Law and Human Behavior for 2010
In The News
Dec 07, 2009
Dr. Christina Studebaker, vice president of ThemeVision LLC, has been invited to serve on the editorial board of Law and Human Behavior for 2010. Law and Human Behavior is one of the leading peer-reviewed journals focused on jury decision making and other topics of legal psychology. It is the official journal of the American Psychology-Law Society/Division 41 of the American Psychological Association and is a multidisciplinary forum for the publication of research articles and discussions focused on the relationships between human behavior and the law, our legal system, and the legal process. Dr. Studebaker has served on the editorial board of Law and Human Behavior since 2005.Dr.

Grand Rapids Business Journal - Beware of Internet squatters and domainers
In The News
Dec 07, 2009
Dave Wong of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the Dec.

Barnes & Thornburg LLP Elects 12 New Partners for 2010
News Release
Dec 04, 2009
Barnes & Thornburg LLP has elected the following 12 attorneys as partners in the firm's Chicago, Grand Rapids, Indianapolis and South Bend offices, effective Jan. 1, 2010:Chicago:Wesley W. Broquard, Real Estate and Business DepartmentsGrand Rapids:Keith J. Brodie, Labor and Employment DepartmentJohn T. Gregg, Finance, Insolvency and Restructuring DepartmentIndianapolis:Jason R. Barclay, Litigation DepartmentHamish Cohen, Litigation DepartmentAngela K. Wessler, Finance, Insolvency and Restructuring and Business DepartmentsPaul Jefferson, Litigation DepartmentJimmie L. McMillian, Litigation DepartmentScott E. Murray, Litigation DepartmentMartin W...

Environmental Law Alert
Copenhagen – Another Path Towards Greenhouse Gas Regulation That Might Affect You
Alert
Dec 04, 2009
Click here for a PDF of the Environmental Law Alert - Copenhagen – Another Path Towards Greenhouse Gas Regulation That Might Affect YouWhile various greenhouse gas regulation initiatives in the U.S. remain unclear, the United Nations’s upcoming climate change conference in Copenhagen could ultimately affect businesses that currently produce these emissions. During the conference, President Barack Obama is expected to commit to cutting U.S. greenhouse gas emissions by 17 percent from 2005 levels by 2020.The main purpose of the Copenhagen meeting is to draft a new climate change treaty to replace the 1997 Kyoto Protocol, of which the U.S. was not a party, and is set to expire in 2012. The 17-percent reduction is similar to the reduction established in the "American Clean Energy and Security Act" passed by the U.S....

Three Barnes & Thornburg LLP Attorneys Named "Lawyers of the Year" by Best Lawyers®
News Release
Dec 04, 2009
Barnes & Thornburg LLP partners Kristin Fruehwald, John Kyle and Tracy Larsen have each been named "Lawyer of the Year" for their respective areas of practice in their communities.Fruehwald, a partner in the firm's Indianapolis office, has been named the Best Lawyers' 2010 Indianapolis Trusts and Estates "Lawyer of the Year." She is co-chair of the firm's Estate Planning Practice Group, and concentrates her practice on the wide range of legal services affecting estate planning and estate administration. She regularly represents clients in tax planning; business succession planning; charitable giving; guardianships and adoptions; and estate, trust, and tax litigation.Kyle, also a partner in the firm's Indianapolis office, has been named the Best Lawyers' 2010 Indianapolis Environmental "Lawyer of the Year." He has practiced environmental law since 1979, and was chair of the firm's Environmental Law Department from 1994 until 2006....

MSNBC News' The Big Picture
In The News
Dec 03, 2009
Sol Wisenberg of the Washington, D.C., office of Barnes & Thornburg LLP made an appearance on MSNBC News’ "The Big Picture" on Dec. 3 to discuss the case of Tareq and Michaele Salahi

ABA Litigation News - "Are Greenhouse Gas Emissions a Public Nuisance?"
In The News
Dec 02, 2009
Charlie Denton of the Grand Rapids, Michigan office of Barnes & Thornburg LLP is quoted in the Dec.

Environmental Law Alert
EPA Promulgates Aggressive, Nationwide Stormwater Technology Requirements for the Construction and Development Industry
Alert
Dec 02, 2009
Click here for a PDF of the Environmental Law Alert - EPA Promulgates Aggressive, Nationwide Stormwater Technology Requirements for the Construction and Development IndustryOn Dec. 1, 2009, the U.S. Environmental Protection Agency (EPA) published final Construction and Development Effluent Limitations Guidelines and New Source Performance Standards (C&D ELG) imposing nationally-applicable numeric effluent limits on stormwater discharges from construction sites impacting 10 or more acres of land at any one time. 74 Fed. Reg. 62,996 (Dec. 1, 2009). The rule also specifies erosion and sediment controls that contractors must employ to control stormwater discharges at all regulated construction sites (i.e., that disturb one or more acres of land)....

Law360 - Q&A With Barnes & Thornburg's David Millard
In The News
Dec 02, 2009
David Millard, chair of Barnes & Thornburg LLP's Business Department and a partner in the firm's Indianapolis office, is featured in Law360's Nov.

Attorney Presentation - Fearless Firing; Saying Goodbye
Attorney Presentations
Dec 01, 2009
Ken Yerkes of Barnes & Thornburg LLP's Indianapolis, Indiana office presented, “Fearless Firing; Saying Goodbye,” at the Indiana Chapter of the Association of Corporate Counsel's (ACC) ACCumulate 2009 conferenc

Bonnie Lewis completes American League of Lobbyist certificate program.
In The News
Dec 01, 2009
Bonnie Lewis of the Indianapolis, Indiana office of Barnes & Thornburg LLP completed the American League of Lobbyist Certificate Program.

Manish Antani appears on Russia Today to discuss the Prime Minister of India's visit to the U.S.
In The News
Dec 01, 2009
Manish Antani of the South Bend, Indiana office of Barnes & Thornburg LLP attended an event honoring the Prime Minister of India during his recent official visit to the United States. While in Washington, D.C., Manish was interviewed by a leading Russian television station, Russia Today, to discuss the Prime Minister’s visit. The interview was broadcast live to over 100 countries on five continents. Manish was invited to Washington, D.C., by the White House

Scott Simmonds to serve on the Indianapolis Bar Association's IP Section Executive Committee
In The News
Dec 01, 2009
Scott Simmonds of Barnes & Thornburg LLP's Indianapolis, Indiana office has been elected to serve on the Executive Committee of the Intellectual Property Section of the Indianapolis Bar Association (IBA)

Environmental Law Alert
USEPA Holds Public Meetings on GHG Tailoring Rule
Alert
Nov 30, 2009
Click here for a PDF of the Environmental Law Alert - USEPA Holds Public Meetings on GHG Tailoring RuleOn Nov. 18 and 19, 2009, lawyers from Barnes & Thornburg LLP attended the United States Environmental Protection Agency’s (USEPA's) public meetings in Arlington, Va. and Rosemont, Ill. concerning the USEPA's new "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Proposed Rule" (GHG Tailoring Rule), see 74 Fed. Reg. 55291 (Oct. 27, 2009). This proposed rule is focused on large facilities emitting over 25,000 tons of greenhouse gases (GHG) a year, including carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride....

Fort Wayne Journal-Gazette - "Kroger making recall calls"
In The News
Nov 30, 2009
Julie Dykstra of the Grand Rapids, Michigan office of Barnes & Thornburg LLP is quoted in the Nov.

Environmental Law360 - "EPA Issues Soil Runoff Rule For Construction Sites"
In The News
Nov 24, 2009
Jeff Longsworth of the Washington, D.C., office of Barnes & Thornburg LLP is quoted in the Nov

Barnes & Thornburg LLP Assists Manufacturing Client With Favorable Jury Verdict
News Release
Nov 23, 2009
Barnes & Thornburg LLP attorneys in the firm's Intellectual Property Department assisted a leading manufacturer and global supplier of thermoset composite materials in obtaining a favorable result in a recent five-day jury trial against a customer. The lawsuit began when firm client Norplex-Micarta filed a collection action to obtain amounts owed by Secur*Holdings, which responded with an array of counterclaims including allegations of breach of warranty and theft of trade secrets. Among other things, Secur*Holdings sought to enjoin Norplex-Micarta’s activties in an important market segment of its business. The jury sided with Norplex-Micarta on the issue of the original collection action as well as all of the counterclaims brought by the defendant.With nearly 540 attorneys and other legal professionals, Barnes & Thornburg is one of the 100 largest U.S....

Inside EPA Water Policy Report - "Chesapeake Bill Backers Vow Some Fixes Amid Fears Over EPA Powers"
In The News
Nov 23, 2009
Susan Bodine of the Washington, D.C., office of Barnes & Thornburg LLP is quoted in the Nov. 23 Inside EPA Water Policy Report article, “Chesapeake Bill Backers Vow Some Fixes Amid Fears Over EPA Powers.” On Nov.

Attorney Presentation - 2009 Diversity in Practice breakout session
Attorney Presentations
Nov 20, 2009
Jimmie McMillian of the Indianapolis, Indiana office of Barnes & Thornburg LLP was a panelist during the 2009 Diversity in Practice breakout session, “Retaining and Promoting Your Investment: Learn Ways to Engage Multicultural Lawyers and Develop a Multicultural Law Firm.” The event was held Nov.

Securities Law Alert
Preparing for the 2010 Proxy Season: Dealing with the Elimination of Broker Discretionary Voting
Alert
Nov 20, 2009
Click here for a PDF of the Securites Alert - Preparing for the 2010 Proxy Season: Dealing with the Elimination of Broker Discretionary VotingSignificant changes are expected for the upcoming 2010 proxy season. One certain change is the loss of broker discretionary votes in the election of directors. In July 2009, the Securities and Exchange Commission (SEC) approved the proposal of the New York Stock Exchange (NYSE) to eliminate broker discretionary voting in director elections. This change will impact not only companies with shares listed on the NYSE, but also companies listed on NASDAQ and the other national securities exchanges, since most major brokerage firms are NYSE members subject to the NYSE rules. The new rule will apply to nearly all shareholder meetings held on or after Jan....

Attorney presentation - "Picking and Persuading Your Next Jury"
Attorney Presentations
Nov 19, 2009
Dr. Christina Studebaker of the Indianapolis, Indiana office of Barnes & Thornburg LLP spoke at the Defense Trial Counsel of Indiana's 16th Annual Conference held Nov. 19. Dr.

Attorney Presentation - "The Importance of IP in the Life Sciences and Agriculture"
Attorney Presentations
Nov 19, 2009
Alice Martin of the Chicago office of Barnes & Thornburg LLP was an invited speaker at the Russian National Exposition, held Nov. 19 at McCormick Place in Chicago. She spoke on "The importance of intellectual property in the life sciences and agriculture: Navigating your global intellectual property to a safe harbor."Dr. Martin is co-chair of the Life Sciences Practice Group at Barnes & Thornburg LLP. She is also a member of the Intellectual Property Department where she concentrates on patent and trademark litigation and prosecution, opinions and due diligence investigations

Barnes & Thornburg LLP Names 2009-2010 Law Firm Managing Partner, Management Committee
News Release
Nov 19, 2009
Barnes & Thornburg LLP has named its management team for 2010, including its re-election of Alan A. Levin as firm managing partner and committee chairman. Levin, a partner in the Indianapolis, Ind. office, has served as firm managing partner for 12 years.The firm also named the following office managing partners:Bobby B. Gillenwater - Fort Wayne, Ind.Robert T. Grand - Indianapolis, Ind.Stuart J. Johnson - Atlanta, Ga.Tracy T. Larsen - Grand Rapids, Mich.D. William Moreau, Jr. - Washington, D.C.William A. Nolan - Columbus, OhioHoward J. Rubin - Minneapolis, Minn.Mark E. Rust - Chicago, Ill.J. Scott Troeger - Elkhart, Ind.Nelson J. Vogel, Jr....

Two Attorneys Honored with Inaugural Joseph A. Maley Pro Bono Award
News Release
Nov 19, 2009
Barnes & Thornburg LLP partners Jeanine M. Gozdecki and Lynn C. Tyler were presented with the inaugural Joseph A. Maley Pro Bono Award for their remarkable pro bono efforts throughout their careers.Gozdecki, an employment and labor attorney in the firm’s South Bend office, was recognized for her contribution to volunteer and nonprofit organizations, including as a former Chair of the Indiana Supreme Court on Continuing Legal Education and former president of the St. Joseph County Bar Association. Today, Ms. Gozdecki serves on several boards in the South Bend community, including the South Bend Museum of Art, and on the the St. Joseph Catholic Church Pastoral Council. Ms....

Attorney Presentation - Biotechnology and Patent Law
Attorney Presentations
Nov 17, 2009
Lynn Tyler of the Indianapolis, Indiana office of Barnes & Thornburg LLP gave a guest lecture on Biotechnology and Patent Law to a Masters Level Biotechnology course at Indiana University–Purdue University at Indianapolis (IUPUI) on Nov. 17. Mr. Tyler is a partner and registered patent lawyer in the firm’s Intellectual Property Department.

Attorney Presentation - Key Elements of Employment Law seminar
Attorney Presentations
Nov 17, 2009
Jason Clagg of the Fort Wayne, Indiana office of Barnes & Thornburg LLP spoke at and was the chairperson of ICLEF’s Key Elements of Employment Law seminar held Nov. 17 in Indianapolis. The seminar was designed to provide new attorneys with an overview of employment law

Intellectual Property Law Alert
New Internationalized Domain Names Set to Become Available Next Year
Alert
Nov 17, 2009
Click here for a PDF of the Intellectual Property Law Alert - New Internationalized Domain Names Set to Become Available Next YearBrand owners should be aware that a new process for transforming the Internet with internationalized domain names (IDNs) in non-Latin script opened earlier this week. Until now, domain names have been limited to characters of the Latin alphabet (the 26 letters "a-z", numbers 0 to 9, and hyphens). However, the Internet Corporation for Assigned Names and Numbers this week started accepting requests from representatives of countries and territories around the world for new internet extensions that represent their country name and are made up of non-Latin characters.The new system will allow countries and territories to operate country-code top-level domains in their own script, such as Arabic, Chinese or Hindi....

Chicago Lawyer - Law Firms Beef Up Their White-Collar Practice
In The News
Nov 16, 2009
Pat Brady and Pat Cotter of the Chicago office of Barnes & Thornburg LLP are quoted in the Nov.

Attorney Presentation - "Impact of the ADA Amendments Act on Students"
Attorney Presentations
Nov 13, 2009
Jason Clagg of the Fort Wayne, Indiana office of Barnes & Thornburg LLP spoke at the Indiana School Board Association’s Current Issues in Special Education seminar held Nov. 13 in Indianapolis. Jason presented to several hundred school administrators on the impact of the ADA Amendments Act on students

Attorney Presentation - HITECH Act Updates to HIPAA Privacy and Security Laws
Attorney Presentations
Nov 13, 2009
Stacy Cook of the Indianapolis, Indiana office of Barnes & Thornburg LLP gave a presentation at a national meeting attended by state medical board attorneys and executive directors held Nov. 13 in Las Vegas. Her presentation focused on the HITECH Act updates to HIPAA privacy and security la

Environmental Law Alert
EPA Finalizes Spill Prevention, Control, and Countermeasure (SPCC) Rule with Few Revisions
Alert
Nov 12, 2009
Click here for a PDF of the Environmental Law Alert - EPA Finalizes Spill Prevention, Control, and Countermeasure (SPCC) Rule with Few Revisions On Nov. 9, 2009, EPA issued final Spill Prevention, Control, and Countermeasure (SPCC) regulations, concluding a 17-year rulemaking process. Following a 1991 proposed rulemaking, EPA issued rule changes in July 2002, December 2006, and December 2008. However, the requirement to comply with these rule changes has been on hold and the December 2008 rule did not go into effect before the change in Administration. In February 2009, EPA reopened the December 2008 rule and since then the regulated community has not known the actual set of SPCC requirements for which they should be planning....

Labor & Employment Law Alert - November 2009
Equal Employment Opportunity Workplace Poster Updated by the EEOC
Alert
Nov 12, 2009
Click here for a PDF of the Labor & Employment Law Alert - Equal Employment Opportunity Workplace Poster Updated by the EEOCThe Equal Employment Opportunity Commission (EEOC) has revised its “Equal Employment Opportunity is the Law” poster to reflect current federal employment discrimination law. The changes to the poster include references to the Americans with Disabilities Act Amendment Act and the Genetic Information Nondiscrimination Act of 2008, which is effective on Nov. 21, 2009. In addition to these changes, the new poster includes updates from the Department of Labor.To comply with the law, employers MUST obtain and post in the workplace the EEOC-created supplement reflecting the latest updates, or obtain and post the new “EEO is the Law” poster....

New Offices, Lateral Attorneys Drive Barnes & Thornburg LLP Into Top 100 Largest Law Firms
News Release
Nov 12, 2009
Four new office additions and increased lateral attorney recruitment in 2009 have propelled Barnes & Thornburg LLP into the 100 largest law firms in the United States, according to a new national law firm survey released this week.The National Law Journal’s annual NLJ 250 ranking listed Barnes & Thornburg 87th, up more than 20 spots from the firm’s 2008 ranking. At the time of the survey, Barnes & Thornburg had a total of 483 attorneys, an increase of 37 attorneys.“The reason we have made such a leap is because attorneys around the country are increasingly attracted to our platform which can give them the ability to provide quality legal services to their clients at a better value,” said Barnes & Thornburg Managing Partner Alan A....

Intellectual Property Law Alert
Fast-Track Option for Domain Name Disputes
Alert
Nov 11, 2009
Click here for a PDF of the Intellectual Property Alert - Fast-Track Option for Domain Name DisputesIn response to the exponential growth of domain name registrations, and the resulting increase in actions brought under the ICANN's Uniform Domain-Name Dispute Resolution Policy (UDRP), the World Intellectual Property Organization (WIPO) has proposed a low-cost "fast track" option for a streamlined UDRP process. The fast track option would be especially appropriate for the more obvious cybersquatting cases, including registrations that involve a misspelled famous mark or "pay per click" sites.How Does the “Fast Track” Option Work?Currently, 75 percent of the domain name disputes filed with WIPO result in a default judgment because the registrant does not respond to the complaint....

Attorney Presentation - "Top 10 Considerations When Selling or Acquiring a Physicial Practice"
Attorney Presentations
Nov 06, 2009
"Top 10 Considerations When Selling or Acquiring a Physician Practice," Indiana State Bar Association Annual Meeting, Nov. 6, 2009

Environmental/Climate Change Law Alert
A Collision Course for Prevention of Significant Deterioration and Title V Program Regulation of Greenhouse Gas Emissions?
Alert
Nov 06, 2009
Click here for a PDF of the Environmental and Climate Change Alert: A Collision Course for Prevention of Significant Deterioration and Title V Program Regulation of Greenhouse Gas Emissions?As announced in Barnes & Thornburg LLP’s October Greenhouse Gas (GHG) update, EPA is proposing a rule to establish new thresholds that would define when stationary sources must obtain permits for GHG emissions under the Clean Air Act (CAA). This proposal is called the “Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule.”On Oct. 27, 2009, that proposal was published in the Federal Register. EPA is accepting comments on the proposal until Dec. 28, 2009. In addition, EPA is conducting two public hearings on the proposal, on Nov. 18, 2009 in Arlington, VA, and on Nov....

Environmental/Climate Change Law Alert
U.S. EPA Publishes Mandatory Greenhouse Gas Reporting Rule
Alert
Nov 05, 2009
Click here for a PDF of the Environmental and Climate Change Alert: U.S. EPA Publishes Mandatory Greenhouse Gas Reporting RuleU.S. EPA (EPA) published its new Mandatory Green House Gas (GHG) Reporting Rule in the Federal Register last Friday, Oct. 30. The new final rule requires large GHG emitters and suppliers across the country to monitor and report annual green house gas emissions. Although EPA announced the new rule at the end of September, the rule does not become effective until 60 days after publication, or Dec. 29, 2009.In addition to basic facility information, regulated sources will be required to report annual GHG emissions for each source category covered by the rule. The rule does contain a few special provisions applicable to the first few months of reporting....

Law360 - "Innurvation, Freescale Settle Chip Patent Row"
In The News
Nov 05, 2009
Todd Vare of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the Nov. 5 Law360 article, “Innurvation, Freescale Settle Chip Patent Row.” In early November, Innurvation Inc. and Freescale Semiconductor Inc. agreed to settle a patent suit brought by the medical device maker accusing several major electronics companies, including Sony Corp. and Toshiba America Inc., of infringing a patent for integrated circuit technology

Chief Indiana Prosecutor of Attorney Disciplinary Cases to Join Barnes & Thornburg LLP
News Release
Nov 04, 2009
Donald R. Lundberg, longtime executive secretary of the Indiana Supreme Court Disciplinary Commission, is leaving his post to join Barnes & Thornburg LLP’s Indianapolis office as a partner in the firm’s Litigation Department and as the firm’s deputy general counsel.Lundberg, who has served since 1991 in his current role, will begin work for Barnes & Thornburg on Jan. 1, 2010. He will represent judges, lawyers and other professionals in disciplinary and licensing matters, ethics issues, malpractice cases and other matters of professional responsibility. In his role for the Indiana Supreme Court, Lundberg has led the agency that investigates and prosecutes claims of Indiana attorney misconduct."We are excited to have Don join us and bring his extensive experience in ethics and professional responsibility to the firm,” said Alan A. Levin, firmwide managing partner of Barnes & Thornburg....

Labor & Employment Law Alert - November 2009
FMLA Military Family Leave Benefits Expanded
Alert
Nov 03, 2009
Click here for a PDF of the Labor & Employment Law Alert - FMLA Military Family Leave Benefits ExpandedThe National Defense Authorization Act of 2010 (NDAA 2010), which was recently signed into law, greatly expands family and medical leave rights of military personnel and their families.As way of background, the National Defense Authorization Act for fiscal year 2008 (NDAA 2008), signed by former President Bush, amended the Family and Medical Leave Act (FMLA) to permit eligible employees to take up to 12 weeks of unpaid leave in the applicable 12-month period due to a qualifying exigency arising out of the call to service of a member of the National Guard or the Reserves....

Corporate and Environmental Alert
SEC Reverses Policy on Rule 14a-8 Shareholder Proposals Relating to Environmental and Climate Change Risks
Alert
Nov 02, 2009
Click here for a PDF of the Corporate and Environmental Alert - SEC Reverses Policy on Rule 14a-8 Shareholder Proposals Relating to Environmental and Climate Change RisksOn Oct. 27, 2009, the U.S. Securities and Exchange Commission (SEC) issued Staff Legal Bulletin No. 14E, which reversed the SEC’s policy on whether the Boards of Director of public companies can be forced to report on financial risks associated with environmental issues such as climate change. The SEC’s policy since 2005 has been that a company may exclude such proposals under Rule 14a-8(i)(7)...

Kathleen Anderson Elected to Board of Governors of ISBA
In The News
Nov 01, 2009
Kathleen Anderson of the Fort Wayne, Indiana office of Barnes & Thornburg LLP was elected to the board of governors of the the Indiana State Bar Association (ISBA). Kathleen will represent District 4, and will serve until 2011.

Healthcare Alert
Barnes & Thornburg LLP HIPAA Update: HITECH Act Breach Notification Rule
Alert
Oct 30, 2009
Click here for a PDF of the Healthcare Alert - Upcoming Barnes & Thornburg LLP HIPAA Update: HITECH Act Breach Notification RuleThis HIPAA Update provides a detailed description of the new breach notification requirements for HIPAA covered entities and business associates as required by interim final rule issued pursuant to the HITECH Act of 2009. The interim final rule (Breach Rule) published by the U.S. Department of Health and Human Services (HHS) on Aug. 24, 2009 became effective Sept. 23, 2009....

Attorney Presentation - "Staying Union Free in 2010"
Attorney Presentations
Oct 29, 2009
Bill Nolan of the Columbus, Ohio office of Barnes & Thornburg LLP spoke on "Staying Union Free in 2010" to an Employee and Labor Relations class held Oct. 29 at Franklin University in downtown Columbus.

Five Barnes & Thornburg LLP Attorneys Selected for Inclusion in Who's Who in Black Indianapolis
In The News
Oct 29, 2009
Harold Bickham, Jimmie McMillian, Alan Mills, Tony Prather and Crystal Williams of the Indianapolis, Indiana office of Barnes & Thornburg LLP were selected for inclusion in the sixth edition of Who’s Who in Black Indianapolis. The publication, which offers readers inspirational stories and mini profiles that feature corporate executives, entrepreneurs, media professionals, academic professionals and community leaders in Indianapolis, was unveiled at a ceremony and networking event held Oct.

Jimmie McMillian receives Nod to Professionalism Award and Rabb Emison Award
In The News
Oct 28, 2009
Jimmie McMillian of the Indianapolis, Indiana office of Barnes & Thornburg LLP received the “Nod to Professionalism Award” on Oct. 28 from the Indianapolis Bar Association. On Nov. 5, Jimmie received the Indiana State Bar Association's Rabb Emison Award.

Attorney Presentation - "Hiring and Firing: What you can and can not do"
Attorney Presentations
Oct 27, 2009
Paula Goedert and Jeremy Lewin of the Chicago office of Barnes & Thornburg LLP presented at the National Association for Retail Marketing Services (NARMS) Webinar, “Hiring and Firing: What you can and can not do.” The Webinar, held Oct.

Financial Institutions Alert
Upcoming Opt-out Deadline for Extended FDIC Transaction Account Guarantee Program
Alert
Oct 26, 2009
Click here for a PDF of the Financial Institutions Alert - Upcoming Opt-out Deadline for Extended FDIC Transaction Account Guarantee ProgramIn an earlier Financial Institutions Alert, we reported on the Transaction Account Guarantee Program (the “TAG Program”) adopted by the Federal Deposit Insurance Corporation (FDIC). The TAG Program provides full deposit insurance coverage for noninterest-bearing deposit transaction accounts, regardless of dollar amount, to financial institutions that did not opt out of the program prior to Dec. 5, 2008. Financial institutions that did not opt out have been paying quarterly an annualized 10 basis point assessment for deposits not otherwise covered by the existing deposit insurance limit of $250,000. The FDIC has extended the expiration date of the TAG Program from Dec. 31, 2009 until June 30, 2010....

Energy, Telecommunications and Utilities Law Alert
Federal Regulations Mandate Utilities Adopt Identity Theft Protection Policies
Alert
Oct 21, 2009
Click here for a PDF of the Energy, Telecommunications and Utilities Law Alert - Federal Regulations Mandate Utilities Adopt Identity Theft Protection PoliciesCongress enacted the Fair and Accurate Credit Transaction Act in 2003 to help combat rising identity theft crimes. The Federal Trade Commission (FTC) was enlisted by Congress to help combat identity theft by adopting regulations that would require creditors to develop policies to “red flag” identity theft involving their accounts or customer information. The “Red Flag Rules” adopted by the FTC impose three principle obligations on creditors. First, creditors must conduct a risk assessment to determine whether they offer accounts for which there is a reasonably foreseeable risk to customers of identity theft....

Barnes & Thornburg LLP Mourns The Loss of Partner Camille B. Conway
News Release
Oct 19, 2009
Today, Barnes & Thornburg LLP mourns the unexpected loss of Camille B. Conway, a partner in the firm’s Chicago office. Camille passed away on Sunday, Oct. 18 in Chicago, Ill. at the age of 47.Camille, who joined the firm in 2006, was a partner in the firm’s Litigation Department where he concentrated his practice in complex commercial litigation, white-collar criminal defense and municipal litigation. He counseled and defended both private corporations and institutional and municipal organizations, including the City of Chicago and the Chicago Housing Authority, amongst others."Camille was not only an exceptional attorney, but a very good man," said Bill McErlean, a partner in the firm's Chicago office. "He was devoted to his family, his faith and he will be sorely missed here."Camille graduated from North Park University, Chicago with a B.A. cum laude in Economics in 1984. He received his J.D...

Indianapolis Business Journal - "Doctors balk at Senate attempt to cut waste"
In The News
Oct 18, 2009
Stacy Cook of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the Oct. 28 Indianapolis Business Journal article, “Doctors balk at Senate attempt to cut waste.”The article, penned by IBJ reporter J.K.

Attorney Presentation - "Building a Permanent Legacy"
Attorney Presentations
Oct 15, 2009
Bill Nolan of the Columbus office spoke at the Central Association of College and University Business Officers Annual Meeting in Cincinnati, Ohio on Oct. 5.

Attorney Presentation - Michigan Industrial Hygiene Society
Attorney Presentations
Oct 15, 2009
Don Lawless of the Grand Rapids, Michigan office of Barnes & Thornburg LLP presented to the Michigan Industrial Hygiene Society on Oct. 15. The occupational safety, health, and environmental professionals in attendance learned how to avoid civil and criminal liability in the course of fulfilling their responsibilities. Attendees also reviewed employee rights to complain and withhold work concerning perceived safety and health problems in the workplace. Approximately 70-plus people attended the program, which was held in Troy, Michigan.

Attorney Presentation - Delaware County (Ohio) Chamber of Commerce
Attorney Presentations
Oct 13, 2009
On Oct. 13, Bill Nolan of the Columbus, Ohio office of Barnes & Thornburg LLP, along with representatives from firm client, Center of Vocational Alternatives (COVA), presented to the Delaware County (Ohio) Chamber of Commerce on best practices for managing employee issues relating to mental health disabilities. COVA is Central Ohio’s leader in vocational rehabilitation services for people with mental illnesse

Barnes & Thornburg LLP’s IP Group Adds Depth With Trademark Protection and Enforcement Attorney
News Release
Oct 13, 2009
Barnes & Thornburg LLP is strengthening its national reputation in trademark protection and enforcement with the addition of Joan L. Long, who joined the firm’s Chicago office Oct. 12 as a partner in the Intellectual Property Department.Long, formerly a partner at Mayer Brown LLP, focuses her practice on all aspects of trademark and brand protection and enforcement. During this decade, a trademark industry publication regularly has ranked her among the top attorneys in the U.S. for the number of trademarks filed. Long joins a trademark practice that earlier this year ranked among the top 15 law firms nationally.“We are fortunate to have someone of Joan’s experience and stature join our growing firm and the intellectual property group,” said Thomas J. Donovan, chair of the firm’s Intellectual Property Department...

BNA's Patent, Trademark & Copyright Journal
"Patent Community Applauds PTO's Decision To Rescind Continuation, Claims Rules"
In The News
Oct 13, 2009
Bill Lee of the Chicago office of Barnes & Thornburg LLP is quoted in the Oct. 13 edition of BNA's Patent, Trademark & Copyright Journal. The article, "Patent Community Applauds PTO's Decision To Rescind Continuation, Claims Rules," highlights new Patent and Trademark Office Director David J. Kappos's Oct. 8 announcement that the agency is rescinding a controversial rules package limiting patent continuation and claims practice

IP Law360 - Mayer Brown Trademark Pro Joins Barnes & Thornburg
In The News
Oct 13, 2009
Tom Donovan and Joan Long of the Chicago office of Barnes & Thornburg LLP are quoted in the Oct. 13 IP Law360 article, "Mayer Brown Trademark Pro Joins Barnes & Thornburg," and the Oct. 13 Intellectual Property Today article, "Barnes & Thornburg LLP’s Intellectual Property Group Adds Depth With Trademark Protection and Enforcement Attorney."In addition to the above, news of Joan’s arrival to the firm also appeared in the Oct. 14 editions of The AmLaw Daily and the Chicago Daily Law Bulletin

Environmental Law Alert
U.S. EPA "Superfund" Settlement Process Changes
Alert
Oct 12, 2009
Click here for a PDF of the Environmental Law Alert - U.S. EPA "Superfund" Settlement Process ChangesU.S. Environmental Protection Agency (EPA) has issued a memorandum to the Regional Office Superfund directors setting a new process for negotiations with Potentially Responsible Parties (PRPs). The two objectives of this revised policy are to emphasize “promptly concluding RD/RA negotiations and more aggressively utilizing [EPA] enforcement tools.” This revised EPA policy, which was issued Sept. 30, will be evaluated after 18 months as to its effectiveness in expediting “Superfund” clean-ups.The negotiation of remedial design and remedial action (RD/RA) settlements with PRPs to implement a final clean-up has reportedly become too lengthy over the past years....

Ken Yerkes Named Fellow of the LCA
In The News
Oct 09, 2009
Ken Yerkes of the Indianapolis, Indiana office of Barnes & Thornburg LLP was named a Fellow of the Litigation Counsel of America (LCA). The LCA is an invitation-only trial lawyer honorary society established to reflect the new face of the American bar. Membership is limited to 3,500 Fellows, representing less than one-half of one percent of American lawyers. The composition of the LCA is aggressively diverse, with recognition of excellence among American litigation and trial counsel across all segments of the bar

Attorney Presentation - "Tooling in Troubled Times"
Attorney Presentations
Oct 08, 2009
John Gregg of the Grand Rapids, Michigan office of Barnes & Thornburg LLP participated on a panel entitled, "Tooling In Troubled Times" held Oct. 8. The panel was presented by the Institute for Continuing Legal Education as part of their “Practice Strategies for a Down Economy” series. The event was co-sponsored by the Business Law Section of the State Bar of Michigan

Environmental/Climate Change Law Alert
Congress, EPA and Courts Moving U.S. Closer to Greenhouse Gas Emission Limits
Alert
Oct 08, 2009
Click here for a PDF of the Environmental/Climate Change Law Alert: Congress, EPA and Courts Moving U.S. Closer to Greenhouse Gas Emission LimitsThe Senate, the Environmental Protection Agency (EPA) and the courts are all pushing the U.S. closer to controls on greenhouse gas (GHG) emissions at power plants and large industrial sources. On Sept. 30, 2009, Sens. Barbara Boxer (D-CA) and John Kerry (D-MA) introduced the Clean Energy Jobs and American Power Act. That same day, the EPA took a step closer to regulating GHG emissions from stationary sources by issuing a proposal to establish the threshold for requiring controls on new stationary sources of GHG emissions and existing sources that make major modifications....

National Law Journal - "Companies Say No to Friending or Tweeting"
In The News
Oct 08, 2009
Jerry Lutkus of the South Bend, Indiana office of Barnes & Thornburg LLP is quoted in the Oct. 8 National Law Journal article, "Companies Say No to Friending or Tweeting."According to the article, penned by Tresa Baldas, "Back-to-back studies...show a big chunk of corporate America is banning communication wonders like Twitter and Facebook from the workplace." The article goes on to state that in "the latest survey of more than 1,400 U.S

Attorney Presentation - "The Art of Witness Preparation: Preparing the Expert and Lay Witness"
Attorney Presentations
Oct 07, 2009
Dr. Christina Studebaker of the Indianapolis office of Barnes & Thornburg LLP spoke at the Indiana Continuing Legal Education Forum seminar, “The Art of Witness Preparation: Preparing the Expert and Lay Witness,” which was held in Indianapolis on Oct. 7. Dr. Studebaker’s presentation, titled "How Juries React to the Lay and Expert Witness," reviewed factors on which jurors evaluate witnesses and the benefits of a theme-oriented approach to witness preparation.

Attorney Presentation - 4th Annual Orthopedic Design & Technology Conference and Exhibition
Attorney Presentations
Oct 07, 2009
Julie Dykstra of the Grand Rapids, Michigan office of Barnes & Thornburg LLP was a speaker at the 4th Annual Orthopedic Design & Technology (ODT) Conference and Exhibition in Ft. Wayne, Indiana on Oct. 7. Julie’s presentation concerned regulatory policy changes at FDA which affect compliance.

Attorney Presentation
"Globalization and Business Practices"
Attorney Presentations
Oct 05, 2009
Jason Bernstein of the Atlanta office of Barnes & Thornburg LLP spoke on international IP issues and trends to an undergraduate class in a course called "Globalization and Business Practices" at Georgia State University on Oct. 5, 2009

Barnes & Thornburg LLP Expands its Atlanta Office
Firm Announces Four Attorney Additions
News Release
Oct 05, 2009
ATLANTA – Barnes & Thornburg LLP, a leading national law firm, continues to aggressively build its presence in Atlanta through lateral attorney recruitment by adding four experienced attorneys, including partner David A. Flanigan, Jr., a well-known business attorney.Flanigan, formerly a member of Miller & Martin PLLC, joined the firm as a partner on Oct. 1....

Attorney Presentation - "Financing a Chapter 11 - Pre, During and Exit"
News Release
Oct 02, 2009
Debbie Thorne of the Chicago office of Barnes & Thornburg LLP spoke at the Midwestern Bankruptcy Institute on Oct. 2 as part of a panel on Financing a Chapter 11 - Pre, During and Exit. The other panel members were Prof. Adam J. Levitin of Georgetown University Law Center, Dan Dooley of MorrisAnderson & Associates, and John Tittle of NachmanHaysBrownstein, Inc. of Dalla

Emphasis - "Unemployment Insurance Legislation Concerns Employers"
In The News
Oct 02, 2009
Mark Kittaka of the Fort Wayne, Indiana office of Barnes & Thornburg LLP is quoted in the Emphasis article, "Unemployment Insurance Legislation Concerns Employers." Emphasis is a publication of the Greater Fort Wayne Chamber of Commerce, and appeared in the Oct. 2 edition of the Fort Wayne Business Weekly

The Wall Street Journal - "U.S. Patent Office Proposes New Review-System Structure"
In The News
Oct 02, 2009
Richard Lazarus of the Washington, D.C., office of Barnes & Thornburg LLP is quoted in the Oct. 2 Wall Street Journal article, "U.S. Patent Office Proposes New Review-System Structure." According to the article, "In the first overhaul of the patent examiners' work structure since 1976, the proposal creates incentives for the country's 6,325 patent examiners to issue or reject applications over a shorter timeline.

Association Trends - "Targeted program draws legal specialists"
In The News
Oct 01, 2009
Paula Goedert of the Chicago office of Barnes & Thornburg LLP is mentioned in the Oct.

Attorney Presentation - "You'd Better Be Lilly Right: Lilly Ledbetter Act Opens the Door for..."
Attorney Presentations
Oct 01, 2009
Janilyn Daub of the South Bend, Indiana office of Barnes & Thornburg LLP presented at the Michigan College and University Professional Association For Human Resources (MI-CUPA) on Oct. 1. The conference was hosted by the University of Michigan.

Attorney Presentation - 25th Annual Institute on Intellectual Property Law Symposium
Attorney Presentations
Oct 01, 2009
25th Annual Institute on Intellectual Property Law Symposium, Houston Intellectual Property Law Association and University of Houston Law Center Institute for Intellectual Property & Information Law, IP Blogs and Related ‘Web 2.0’ Topics, Galveston, Texas, October 2009.

Attorney Presentation - Purdue School of Electrical and Computer Engineering's Senior Lecture Series
Attorney Presentations
Oct 01, 2009
Josh Larsen of the Indianapolis, Indiana office of Barnes & Thornburg LLP recently spoke as part of a Young Alumni Panel at Purdue University for the School of Electrical and Computer Engineering's Senior Lecture Series. The panel discussed their experiences and gave career advice to engineering students about to graduate from Purdue.

Bob Devetski Elected to St. Joseph Superior Court Judicial Nominating Committee
In The News
Oct 01, 2009
Bob Devetski of the South Bend, Indiana office of Barnes & Thornburg LLP was elected to the St. Joseph Superior Court Judicial Nominating Committee. The committee interviews and nominates candidates to fill open judge positions on the St. Joseph Superior Court. The Committee's nominations are referred to the Governor for his appointment from those nominated

Kris Fruehwald Named Recipient of the 2009 IBA Professionalism Award
In The News
Oct 01, 2009
Kris Fruehwald of the Indianapolis, Indiana office of Barnes & Thornburg LLP has been selected as the recipient of the 2009 IBA Professionalism Award. The award was created to summon to the spotlight lawyers whose career exemplifies the high calling and higher achievement of lawyers in modern society. It is presented annually to an individual whose contributions have demonstrated the highest commitment to genuine professionalism and the highest standards of legal ethics

Attorney Presentation - Environmental Law 101: Local, State and Federal Regulation
Attorney Presentations
Sep 30, 2009
Christina Landgraf and Paul Drucker of Barnes & Thornburg LLP's Chicago office presented "Environmental Law 101: Local, State and Federal Regulation" on Sept. 30, 2009 at the Illinois Institute of Technology

Indiana Lawyer - "Boehm, Fruehwald chosen as Professionalism Award Winners"
In The News
Sep 30, 2009
Kris Fruehwald of the Indianapolis office is quoted in the article, "Boehm, Fruehwald chosen as Professionalism Award winners," which appears in the Indianapolis Bar Association’s advertorial in the Sept. 30 edition of the Indiana Lawyer. Kris was named the recipient of the IBA's 2009 Professionalism Award

Indianapolis Business Journal - "Emmis executive high on company's outlook, despite NASDAQ threat"
In The News
Sep 28, 2009
Steve Dutton of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the Sept

The Indianapolis Star - Tipton County makes bid to lure green jobs
In The News
Sep 28, 2009
Rick Hall of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in or mentioned by several news outlets regarding a renewable energy corporation’s recent interest in moving its operations to the former site of a failed Getrag Transmission/Chrysler facility in Tipton, Ind.On Sept. 28, Tipton County officials approved a resolution outlining tax incentives to the as-of-yet unnamed renewable energy company. According to one article, "The 781,500-square-foot factory along U.S. 31 was 90 percent complete when German auto parts maker Getrag halted construction on the planned 1,400-worker transmission plant in October.

AmLaw Litigation Daily - "Finnegan and Barnes & Thornburg Protect Eli Lilly Megadrug Evista"
In The News
Sep 24, 2009
Barnes & Thornburg LLP was mentioned in the Sept. 24 AmLaw Litigation Daily article, “Finnegan and Barnes & Thornburg Protect Eli Lilly Megadrug Evista.” The article highlights Eli Lilly’s success in blocking Teva Pharmaceuticals from selling a generic version of Evista, Lilly’s popular osteoporosis drug. Jan Carroll of the firm’s Indianapolis, Indiana office represented Eli Lilly as local counsel at trial

Attorney Presentation
"Innovate Now! Georgia PDMA Fall Summit"
Attorney Presentations
Sep 24, 2009
Jason Bernstein of the Atlanta office of Barnes & Thornburg LLP was the sponsorship committee chair for the Product Development and Management Association (PDMA) Georgia chapter's annual Summit on innovation held Sept. 24, 2009. During the event attendees learned why you must innovate NOW to succeed tomorrow, practical steps to revolutionize your company’s approach to innovation, and innovation best practices used by leading corporations.

Labor & Employment Law Alert - September 2009
EEOC Emphasizes Expansive Interpretation of the ADA Amendments Act in Issuing Notice of Proposed Rulemaking
Alert
Sep 24, 2009
Click here for a PDF of the Labor & Employment Law Alert: The EEOC Emphasizes Expansive Interpretation of the ADA Amendments Act in Issuing Notice of Proposed RulemakingOn Sept. 23, 2009, the Equal Employment Opportunity Commission (EEOC) issued its Notice of Proposed Rulemaking (NPRM) to revise its current regulations under Title I of the Americans with Disabilities Act, 29 C.F.R. part 1630, and implement the employment provisions of the ADA Amendments Act of 2008 (ADAAA). EEOC approved the NPRM on Sept. 16, 2009, by a split vote of 2-1 (two commissioner seats presently are vacant). Throughout the NPRM, EEOC emphasizes (on no fewer than five occasions) Congress’ mandate that the ADAAA be construed in favor of broad coverage and that the determination of whether an individual has a disability should not require extensive analysis....

Attorney Presentation - Unemployment Insurance Compensation Workshop
Attorney Presentations
Sep 23, 2009
Mark Kittaka of the Fort Wayne, Indiana office of Barnes & Thornburg LLP presented an unemployment insurance compensation workshop on Sept. 23 at the Greater Fort Wayne Chamber of Commerce.

WREK Atlanta's Inside the Black Box - Patent Law
In The News
Sep 23, 2009
Nigam Acharya of the Atlanta, Georgia office of Barnes & Thornburg LLP appeared on the Georgia Tech radio program, “Inside the Black Box,” on Sept. 23. Nigam discussed patent law and other issues related to getting a patent

Law360 - "Deloitte White Collar Pro Joins Barnes & Thornburg"
In The News
Sep 21, 2009
Mark Rust and Pat Brady of the Chicago office of Barnes & Thornburg LLP are quoted in the Sept. 21 Law360 article, “Deloitte White Collar Pro Joins Barnes & Thornburg.” The article highlights Pat’s recent arrival to the firm’s White Collar Defense Group. A former federal and state financial crimes prosecutor, Pat has nearly 20 years experience in investigation of financial matters including large scale global corruption investigations (Foreign Corrupt Practices Act (FCPA) and alleged violations of local corruption laws), financial restatements, officer and director misconduct, insider trading, securities violations, bank fraud, tax fraud, money laundering and embezzlement.In addition to the above, Pat’s arrival to the firm was covered in the Sept. 16 AmLaw Daily article, “The Churn: Lateral Moves and Promotions in the Am Law 200,” in the Sept....

Article penned by Josh Larsen cited by two U.S. District Courts addressing infringement issues
In The News
Sep 18, 2009
An article authored by Josh Larsen of the Indianapolis, Indiana office of Barnes & Thornburg LLP entitled, "Liability for Divided Performance of Process Claims After BMC Resources, Inc. v. Paymentech, L.P.", was recently cited by two United States District Courts addressing infringement issues in patent cases. Judge Richard A. Posner, sitting by designation in the Northern District of Illinois, cited Joshua's article at page five of his opinion in New Medium LLC v. Barco N.V. on March 18, 2009. Judge Jack T. Camp of the Northern District of Georgia, cited the article at page 15 of his order in McKesson Information Solutions LLC v. Epic Systems Corp. on Sept.

Attorney Presentation - International Trafficking in Arms Regulations
Attorney Presentations
Sep 18, 2009
Karen McGee of the Washington, D.C., office of Barnes & Thornburg LLP presented at the Sept. 18 Tooling and Manufacturing Association’s (TMA) seminar on the International Trafficking in Arms Regulations (ITAR).

Governmental Services & Finance Alert
Midwest Disaster Area Bonds: Summary of Applicable Rules
Alert
Sep 18, 2009
Click here for a PDF of the Governmental Services & Finance Alert - Midwest Disaster Area Bonds: Summary of Applicable RulesIN GENERALThese bonds are a new category of tax-exempt bonds.Must be issued before Jan....

ABA Litigation News - "Third Circuit Finds Rejected Settlement Offers a Factor in Fee Awards"
In The News
Sep 17, 2009
Charlie Denton of the Grand Rapids, Michigan office of Barnes & Thornburg LLP is quoted in the Sep

Labor & Employment Law Alert - September 2009
The Future Of EFCA – “A Moving Target”
Alert
Sep 16, 2009
Click here for a PDF of the Labor & Employment Law Alert: The Future of EFCA - "A Moving Target"The debate over the Employee Free Choice Act (EFCA) is heating up, but the situation remains very fluid. Recent statements by President Obama, Labor Secretary Hilda Solis and key Democratic Senators reflect continued public support for EFCA. Most notably, yesterday, Sen. Arlen Specter (D-Penn.) announced at his speech to the AFL-CIO that he, Sens. Harkin (D-Iowa), Charles Schumer (D-NY) and Sherrod Brown (D-Ohio) have “pounded out” a compromise with labor leaders that he believes will lead to the passage of a bill “before the year is out…which will be totally satisfactory to labor.” However, late yesterday Sen. Specter’s office backpedaled and said Specter was simply being optimistic about a compromise and clarified, “there’s no deal, so [there’s’ no language to share.” Sen....

Patrick M. Brady Brings Corporate Investigation, FCPA Background to Barnes & Thornburg LLP
News Release
Sep 16, 2009
Barnes & Thornburg LLP is once again boosting its White Collar Crime Defense Group with the addition of Chicago attorney Patrick M. Brady, who has a significant background in corporate financial investigations and counseling and has particular expertise in issues relating to the Foreign Corrupt Practices Act (FCPA).Recently named as leader of the Illinois State GOP, Brady joins Barnes & Thornburg’s Chicago office after spending four years leading the Midwest Foreign Corrupt Practices Act Practice at Deloitte & Touche.“It is a pleasure to be joining such an experienced group of attorneys who are committed to providing unparalleled counseling and support to firm clients who are facing issues relating to potential financial improprieties,” Brady said....

Governmental Services & Finance Alert
Recovery Zone Facility Bonds
Alert
Sep 15, 2009
Click here for a PDF of the Governmental Services & Finance Alert - Recovery Zone Facility BondsRECOVERY ZONE FACILITY BONDS: GENERAL RULESThe American Recovery and Reinvestment Act of 2009 (“ARRA”) authorized a new category of tax-exempt bonds called “Recovery Zone Facility Bonds.” No tax credit to the investor or payment to the Bond issuer is available (as in the case of so-called Build America Bonds).There is a $15 billion national limit on the amount of these Bonds that may be issued....

Indianapolis Business Journal - "Adesa parent company takes first step to becoming public company"
In The News
Sep 15, 2009
David Millard of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the Sept

Environmental/Climate Change Law Alert
Senate Delays Climate Change Legislation - Major Legislative and Regulatory Issues Still Remain
Alert
Sep 14, 2009
Click here for a PDF of the Environmental/Climate Change Alert: Senate Delays Climate Change Legislation - Major Legislative and Regulatory Issues Still RemainAfter spending much of August in Town Hall meetings listening to public concern over rising deficits and increased government control (primarily related to health care but also more broadly), the Senate has announced that introduction and committee consideration of Climate Change legislation will be delayed until later this fall. Under this schedule, Senators Barbara Boxer (D-Calif.) and John Kerry (D-Mass.) would introduce a bill in late September, committee markups would take place in October, and the bill could be considered on the Senate floor by December (if Congress is still in session)....

Nine Barnes & Thornburg LLP Attorneys Named Michigan Super Lawyers, Rising Stars
News Release
Sep 14, 2009
Nine attorneys from Barnes & Thornburg LLP’s Michigan office are among Michigan Super Lawyers 2009® and Rising Stars, listings that appears in the September issue of Michigan Super Lawyers magazine. Firmwide Barnes & Thornburg had more than 100 attorneys selected as Super Lawyers and Rising Stars.Seven Barnes & Thornburg attorneys featured in this year’s Michigan Super Lawyers magazine have made the list every year since its inception in 2006. Furthermore, Barnes & Thornburg’s Michigan office was one of just two law firm’s in Grand Rapids that had an attorney listed in the magazine’s Antitrust Litigation practice area. The lawyers listed in Michigan Super Lawyers magazine for 2009, including their primary practice area, are:Michael Campbell, Business/CorporateCharles M. Denton, Environmental LitigationDaniel R. Gravelyn, Antitrust LitigationTracy T....

Attorney Presentation - Social Media Marketing for Law Firms
Attorney Presentations
Sep 11, 2009
Matt Austin of the Columbus, Ohio office of Barnes & Thornburg LLP presented at the Columbus Bar Association's, "Social Media Marketing for Law Firms" event held September 11, 2009.

IP Law360 - Lucent's $358M Award in Microsft Lawsuit Overturned
In The News
Sep 11, 2009
Dan Albers of the Chicago office of Barnes & Thornburg LLP is quoted in the Sept. 11 IP Law360 article, “Lucent’s $358M Award in Microsoft Lawsuit Overturned.” On Sept. 11, 2009, "the U.S.

Attorney Presentation - "Patent Reform: Who Should Hear Patent Cases - Juries or Experts?"
Attorney Presentations
Sep 08, 2009
Todd Vare of the Indianapolis, Indiana office of Barnes & Thornburg LLP spoke at the 8th Annual International NanoBusiness Conference held Sept. 8-10 at Chicago McCormick Place.

NPR Marketplace Radio Report - September 2009
In The News
Sep 04, 2009
Mike Palmer of the South Bend, Indiana office of Barnes & Thornburg LLP was interviewed for and quoted in a Sept. 4 "Marketplace Radio Report" on National Public Radio (NPR) regarding the federal government's mandatory E-verify system

Attorney Presentation - Overview of New and Proposed Changes to IDEM's Remediation Programs
Attorney Presentations
Sep 03, 2009
David R. Gillay of Barnes & Thornburg LLP's Indianapolis, Indiana office presented at the Northwest Indiana Regional Planning Commission: Environmental Management & Policy Committee. On September 3, 2009, David R. Gillay gave a presentation entitled "Overview of New and Proposed Changes to IDEM's Remediation Programs" in Portage, Indiana.

Cristal Brisco Graduates from the Michiana Diversity Leadership Initiative
In The News
Sep 03, 2009
Cristal Brisco of the South Bend, Indiana office of Barnes & Thornburg LLP was one of 13 South Bend/Mishawaka-area women and men who graduated from the Michiana Diversity Leadership Initiative, a new 12-week initiative designed to prepare minorities for leadership roles. Michiana Diversity Leadership Initiative (MDLI) is patterned after the award-winning Step Up to Leadership curriculum created by University of Missouri Extension in cooperation with the Missouri Association for Community Action, Inc. MDLI offers individuals who want to make a positive difference in their communities the opportunity to learn what it takes to effectively serve on non-profit boards, become active in community projects, volunteer for charitable causes and empower others to succee

Attorney Presentation - "Strategies for Your Business to Survive in a Cap and Trade World"
Attorney Presentations
Sep 02, 2009
On Thursday, Sept. 3, 2009, Barnes & Thornburg LLP attorneys Tony Sullivan and Matthew Morgan took part in a panel discussion entitled, "Strategies for Your Business to Survive in a Cap and Trade World." The event was held at the Indianapolis Columbia Club.Presented by the Green Business Network, seminar attendees learned how Greenhouse Gas legislation will affect their business operations; obtained advise on how to stay competitive and profitable by utilizing renewable energy sources and taking advantage of tax and investment incentives on the federal, state and local levels; and had their questions answered in person for merely the cost of attendance....

Attorney Presentation - Labor Day Viewed as a Result of the Labor Movement in America
Attorney Presentations
Sep 02, 2009
Matt Austin of the Columbus, Ohio office of Barnes & Thornburg LLL presented, "Labor Day Viewed as a Result of the Labor Movement in America" on September 2, 2009. The event was sponsored by the Columbus Bar Association

Indiana Lawyer - Preserving legal history: Project to record interviews of senior lawyers
In The News
Sep 02, 2009
Henry Ryder of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the Sept

Charlie Denton Named Co-Chair of the ABA's Section of Litigation ADR Committee
In The News
Sep 01, 2009
Charlie Denton of the Grand Rapids, Michigan office of Barnes & Thornburg LLP has been selected as co-chair of the American Bar Association (ABA) Section of Litigation Alternative Dispute Resolution (ADR) Committee. The ABA appointment is for three years.

Kuhny Appointed to Indiana Legal Services Board of Directors
In The News
Sep 01, 2009
Sarah Kuhny of the South Bend, Indiana office of Barnes & Thornburg LLP has been appointed to a three-year term on the Indiana Legal Services Board of Directors. Sarah was appointed by the St. Joseph County Bar Associatio

Legal System Atwitter with Possibilities for Social Media
In The News
Sep 01, 2009
Dennis Stolle of the Indianapolis, Indiana office of Barnes & Thornburg LLP, and the president and founder of ThemeVision LLC, is quoted in the September 2009 Washington Lawyer article, "Legal System Atwitter With Possibilities for Social Media." The article takes a look at social media and how, if at all, services such as Twitter and Facebook are shaping the justice system

Lexis Nexis Bankruptcy Law Podcast - September 2009
In The News
Sep 01, 2009
Pat Mears of the Grand Rapids, Michigan office of Barnes & Thornburg LLP was recently a guest on the Lexis Nexis Bankruptcy Law Podcast. Pat was joined by Professor James J. White, a Robert A. Sullivan Professor of Law at the University of Michigan Law School, to discuss the impact of the GM and Chrysler bankruptcies on auto suppliers, auto supplier bankruptcies and survival strategies

Tony Prather Reappointed by Indiana Supreme Court as Member of Court Disciplinary Commission
In The News
Sep 01, 2009
Tony Prather of the Indianapolis, Indiana office of Barnes & Thornburg LLP has been reappointed by the Indiana Supreme Court to a second five-year term as a member of the Indiana Supreme Court Disciplinary Commission. The Disciplinary Commission investigates and prosecutes charges of attorney misconduct.

Attorney Presentation - "Employment Law 2009: A Permanent Shift?"
Attorney Presentations
Aug 31, 2009
Bill Nolan of the Columbus, Ohio office of Barnes & Thornburg LLP co-chaired the Columbus Bar Association’s Continuing Legal Education Masters Series: Labor & Employment Law, held Sept. 10.

Associated Press - "Indiana man sues food packagers over invention"
In The News
Aug 30, 2009
Lynn Tyler of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the Aug.

Labor & Employment Law Alert - August 2009
Court Upholds Regulations Mandating E-Verify for Many Federal Contractors
Alert
Aug 28, 2009
Click here for a PDF of the Labor & Employment Law Alert - "Court Upholds Regulations Mandating E-Verify for Many Federal Contractors"On Wednesday Aug. 26, 2009, the U.S. District Court for the District of Maryland issued its much anticipated decision in Chamber of Commerce of the United States of America v. Janet Napolitano, No. 8:08-cv-03444-AW (D. Md. Aug. 26, 2009), upholding the legality of Executive Order 13464 and its implementing regulation, which require many federal contractors and subcontractors to use E-Verify. Unless delayed for public policy concerns, the rule will take effect on Sept. 8, 2009.E-Verify, administered by the Department of Homeland Security (DHS), is the federal government’s internet-based system by which employers may check the eligibility of newly hired employees....

Governmental Services & Finance Alert
Summary of 2009 Legislation Impacting Indiana Local Government Finance
Alert
Aug 27, 2009
Click here for a PDF of the Governmental Services & Finance Alert - Summary of 2009 Legislation Impacting Indiana Local Government FinanceTIMING OF DISTRIBUTION OF COUNTY TAXES (H.E.A. 1432)SUMMARY OF NEW PROVISION:County auditors will now be required to distribute county income tax revenues (e.g., COIT, CEDIT and CAGIT) to the local units entitled to receive them within ten (10) business days after the County Treasurer receives the funds from the State.CONTEXT OF NEW PROVISION: In some counties, the distributions have not been timely in recent years, and the county unit stood to benefit from earning interest by investing the funds prior to distributing them.PUBLICATIONS OF LEGAL NOTICES (H.E.A....

Inside Indiana Business with Gerry Dick - August 2009
In The News
Aug 27, 2009
Marcus Chandler of the Indianapolis, Indiana office of Barnes & Thornburg LLP represented the firm and its Entrepreneurial Services Group during a taped interview on Inside Indiana Business with Gerry Dick. Marcus was there to discuss the Companies to Watch program, which honors 50 second-stage companies throughout Indiana. The firm is a major sponsor of the awards program, which culminated with an event Aug. 27, 2009

Technology News - August 27, 2009
"Facebook Bows to Canada's Privacy Demands"
In The News
Aug 27, 2009
David Wong of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the Aug. 27 Technology News article, "Facebook Bows to Canada’s Privacy Demands." According to the article, "Facebook will be overhauling its privacy policy following an investigation by the Office of the Privacy Commissioner of Canada, which concluded that the social networking site's policies posed significant risks.

Attorney Presentation - "Mandatory E-Verify for Federal Contractors - Are you Ready?"
Attorney Presentations
Aug 26, 2009
Mike Palmer and Janilyn Brouwer Daub hosted the seminar, “Mandatory E-Verify for Federal Contractors - Are You Ready?” on Aug. 26 in the firm’s South Bend office. The seminar, which was broadcast live to offices in Fort Wayne, Elkhart, Minneapolis and Washington, D.C., focused on a number of topics concerning E-Verify. Topics covered included immigration compliance under the Obama administration, what E-Verify is and how it works, the rule mandating federal contractors use E-Verify, covered contracts, covered employees, time frames and implementation, and more. In addition, Mike hosted an identical program one week later on Sept. 3 in the firm’s Grand Rapids office

The Indianapolis Star - August 26, 2009
Indiana inventor files suit over design for steam-heating food."
In The News
Aug 26, 2009
Lynn Tyler of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the Aug.

Jeffrey Muth To Serve Three-Year Term on Broadway Grand Rapids Board of Directors
In The News
Aug 24, 2009
Jeffrey Muth of the Grand Rapids office of Barnes & Thornburg LLP has been named to a three-year term on the board of Broadway Grand Rapids. The mission of Broadway Grand Rapids is to present West Michigan audiences with high-quality Broadway productions, enriching the diversity and artistic integrity of the community through the power of professional performing arts

Governmental Services Alert
City of Indianapolis Adopts Lobbyist Registration Ordinance
Alert
Aug 19, 2009
Click here for a PDF of the Governmental Services Alert - City of Indianapolis Adopts Lobbyist Registration OrdinanceAfter Jan. 1, 2010, if you initiate contact with any agency of the City of Indianapolis, the Mayor’s office, the county offices of Assessor, Auditor, Clerk, Coroner, Recorder, Sheriff, Surveyor, Treasurer or the Indianapolis City-County Council (CCC), be advised that the CCC and the Mayor have adopted a lobbyist registration ordinance regulating lobbying activity. “Lobbying activity” means any action or communication made to promote, delay, oppose, or otherwise influence an agency action. “Agency” is broadly defined to include all city agencies as well as all aforementioned city and county elected offices....

Indiana Lawyer - "Firms continue growth despite recession"
In The News
Aug 19, 2009
The firm’s rapid growth during 2009 is the subject of the Aug.

Indiana Lawyer - Keeping the Peace: Appellate ADR maintains steady rate of settlement success
In The News
Aug 19, 2009
Todd Vare of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the Aug. 19 Indiana Lawyer article, “Keeping the Peace: Appellate ADR maintains steady rate of settlement success." The article profiles three ADR-focused attorneys, including Todd, who screen cases and "serve as gatekeepers for what might not need to get into the courtroom."According to the article, "Indianapolis attorney Todd Vare is one who participates in the ADR process regularly, both in the 7th Circuit and particularly at the Federal Circuit in Washington, D.C., that handles patent and intellectual property appeals and is the newest player in the appellate ADR initiative.

Indiana Lawyer - Real World Experience: Summer associates had appealing assignment at firms
In The News
Aug 19, 2009
Julie Veldman, a 2009 summer associate in the South Bend, Indiana office of Barnes & Thornburg LLP, was quoted in the Aug. 19 Indiana Lawyer article, "Real World Experience: Summer associates had appealing assignments at firms." Stephanie Artnak, an associate in the South Bend office who helped facilitate Julie’s interaction with firm client, Unity Gardens, is also mentioned in the article

Attorney Presentation - Middle Market Private Equity/Mergers and Acquisitions Update
Attorney Presentations
Aug 18, 2009
Stuart C. Johnson of the Atlanta office of Barnes & Thornburg LLP will serve as moderator for The Georgia Society of CPAs' Aug. 18 panel on "Middle Market Private Equity/Mergers and Acquisitions Update." The session will be led by a panel of private equity, investment banking and lending experts.

Chicago Lawyer Magazine - "Around the Water Cooler"
In The News
Aug 17, 2009
Melissa Vallone of the Chicago office of Barnes & Thornburg LLP was featured in a Q&A session that appeared in the Aug. 17 edition of Chicago Lawyer Magazine. When asked to name the "biggest legal news right now (in your practice)," Melissa cites social networking and its impact on managing one's own business."Much like the introduction of the Internet, I believe many companies are not only struggling with how to harness the good that can come from social networking opportunities such as LinkedIn, Facebook and the like, but with some of the risks created by these new communication tools," Melissa told the publication. She adds, "...However, there is also potential for significant benefits in reaching your target audience for a business.

Richard Boykin Participates in Congressman Danny K. Davis' 2009 Back-To-School Parade and Rally
In The News
Aug 15, 2009
Richard Boykin of the Chicago office of Barnes & Thornburg LLP participated in Congressman Danny K. Davis’ Back-to-School Parade and Rally held Aug. 15. Richard joined members of the Chicago Westside Branch of the NAACP and Introspect Youth Services, Inc.

Barnes & Thornburg LLP Trademark Practice Ranks High Again in First Quarter of 2009
News Release
Aug 12, 2009
A national trade publication again has ranked Barnes & Thornburg LLP’s Intellectual Property Department among the top 15 law firms in the trademark area for the first quarter of 2009.Trademark Insider ranked the firm 14th for the number of applications submitted to the United States Patent and Trademark Office (USPTO) during the first quarter of 2009. Earlier this year, the same publication ranked the firm 11th for all of 2008.Barnes & Thornburg’s Trademark Practice team, which also includes individuals who have been historically ranked as among the top 50 trademark attorneys by Trademark Insider, continues to be recognized for serving clients worldwide in all facets of trademark service, from the initial selection of a trademark through litigation...

Barnes & Thornburg LLP Attorneys, Staff Help Gleaners Feed The Hungry
News Release
Aug 11, 2009
Attorneys and staff in Barnes & Thornburg LLP's Indianapolis office this week contributed nearly $20,000 to Gleaners Food Bank of Indiana as part of Senator Richard Lugar's annual corporate challenge. The firm's contribution means that Gleaners will be able to distribute the equivalent of nearly 120,000 meals to Hoosiers in need throughout central Indiana. Barnes & Thornburg also was recognized for its support prior to the start of the Indianapolis Indians game on Saturday, Aug. 8 where Sen. Lugar and volunteers collected canned goods to donate to Gleaners.Robert T. Grand, Indianapolis office managing partner, said the firm was pleased to team with Sen...

Attorney Presentation - Using LinkedIn for New Lawyers
Attorney Presentations
Aug 10, 2009
Matt Austin of the Columbus, Ohio office of Barnes & Thornburg LLP presented, "Using LinkedIn for New Lawyers" on August 10, 2009.

Attorney Presentation - "An Overview of Legal Issues and Cases"
Attorney Presentations
Aug 09, 2009
Mike Paton of the Indianapolis office of Barnes & Thornburg LLP presented at the 8th Annual Tri-state ESOP Conference held Aug. 9 in Louisville, KY. Mike spoke on the subject of IRS and DOL compliance on the panel entitled, "An Overview of Legal Issues and Cases.” Other panelists were Tim Jochim, Kegler Brown Hill & Ritter, Columbus, Ohio; and James B. Martin, Jr., Stoll Keenon Ogden PLLC, Louisville, KY. The session provided an overview of important legal issues and cases involving fiduciary duties (corporate and ERISA), fiduciary conflicts, valuations, ESOP transactions, ESOP loans, corporate reorganizations, and repurchase obligation.

Business Alert: Business Entity Transparency Legislation Proposed
Various New Legislation Will Affect Business Recordkeeping and Require Privately Held Entities to Disclose Beneficial Ownership
Alert
Aug 07, 2009
Click here for a .pdf of the Business Alert: Business Entity Transparency Legislation Proposed.Two similar pieces of legislation have been introduced that would dramatically impact most privately held business entities. While the legislation is aimed to help prevent tax evasion, terrorism, money laundering and fraud, it would require business entities to provide ownership information which is not currently required by most states. The federal legislation is Senate Bill 569, the Incorporation Transparency and Law Enforcement Assistance Act (“S.569”).

Barnes & Thornburg LLP Attorneys Listed in The Best Lawyers in America® 2010
News Release
Aug 04, 2009
To download a media release containing the complete list of Barnes & Thornburg attorneys who were selected for inclusion in Best Lawyers, including the area(s) in which they are listed, click here.A national guide of the country's top attorneys has listed 115 attorneys from Barnes & Thornburg LLP. The Best Lawyers in America® 2010 (Copyright 2009 by Woodward/White, Inc., of Aiken, S.C.) recognized attorneys from eight of the firm's 10 offices in 166 listings, which was an increase from 134 listings last year.The firm ranked No....

Financial Institutions Alert - Treasury Issues TARP Executive Compensation Guidance
Alert
Aug 03, 2009
Click here to download a PDF of the Financial Institutions Alert - Treasury Issues TARP Executive Compensation GuidanceThe U.S. Department of the Treasury (the “Treasury”) issued an interim final rule in June 2009 that supersedes the executive compensation rules and guidance the Treasury had issued previously and adds new requirements for financial institutions under the Emergency Economic Stabilization Act of 2008 (“EESA”), as amended by the American Recovery and Reinvestment Act of 2009 (“ARRA”). Although the rule became effective June 15, 2009, the public comment period on the rule remains open until August 14, 2009.The new rule applies to all recipients of financial assistance under the Troubled Asset Relief Program (“TARP”), including assistance under the Capital Purchase Program (“CPP”)....

Attorney Presentation - EFCA: The Card is More Important Than the Person
Attorney Presentations
Aug 01, 2009
Ken Yerkes of Barnes & Thornburg LLP's Indianapolis, Indiana office presented the seminar, "Employee Free Choice Act - The Card is More Important Than the Person©" to the Indiana Chamber of Commerce in February, June and August 2009

Barnes & Thornburg LLP Opens Delaware Office
News Release
Aug 01, 2009
Barnes & Thornburg LLP has opened a Delaware office, its 11th office nationally, to serve clients’ needs in the finance, insolvency, restructuring and business bankruptcy areas, and to continue building its stature as a national player in such engagements.The new office, located at 1000 N. West Street, Wilmington, Delaware, is staffed by David M. Powlen, a partner in the firm’s Finance, Insolvency and Restructuring (FIR) Department, who is admitted to practice in Delaware. Partner Mark Owens also is admitted in Delaware and is assisting Powlen with various client assignments.“Within the past several years, there has been an enormous increase in the number of Chapter 11 cases being filed in Delaware by both publicly and privately-held companies organized under that state's law, while their principal operations, assets and stakeholders may be located elsewhere," said Patrick Mears, chair of the firm’s FIR Department....

Business People - August 2009
"Legal Speak: The top partners at three of Fort Wayne's largest law firms give us the scoop about work, family and the best advice they've ever been given"
In The News
Aug 01, 2009
Bobby Gillenwater of the Fort Wayne, Indiana office of Barnes & Thornburg LLP was one of three attorneys in the Fort Wayne area interviewed for the August 2009 Business People article, “Legal Speak: The top partners at three of Fort Wayne’s largest law firms give us the scoop about work, family and the best advice they’ve ever been given.” The article provides a “question-and-answer glimpse into their lives, both inside and outside of the office.”

Eli's Joint Commission Advisor - "Promote Workplace Safety With This 3-Prong Approach"
In The News
Aug 01, 2009
Patty Ogden of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the article, “Promote Workplace Safety With This 3-Prong Approach,” which appears in the August 2009 edition of Eli’s Joint Commission Advisor for health care human resources. The article includes a recap of OSHA’s top safety concerns for hospitals

E-Commerce Times - "Regulator likely to green-light Microsoft, Yahoo deal"
In The News
Jul 30, 2009
Kendall Millard of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the July 30 E-Commerce Times article, “Regulator likely to green-light Microsoft, Yahoo deal.” According to the article, penned by Erika Morphy, "Although regulators seemed disinclined to permit a Yahoo tie-up with Google last year, they are likely to be much more open to a search advertising partnership between Yahoo and Microsoft. The two announced their collaboration this week, but they'll have to clear hurdles in the U.S.

Attorney Presentation
"Patents Versus Trade Secrets"
Attorney Presentations
Jul 30, 2009
Jason Bernstein of the Atlanta, Georgia office of Barnes & Thornburg LLP presented, "Patents Versus Trade Secrets: What They Are, When You've Got Them, and How to Keep Them." Jason is a member of the firm’s Intellectual Property Department. For more than 25 years, he has developed his practice to include a broad range of issues in the intellectual property (IP) arena, including patent, trademark, software and copyright law, as well as related business matters. He concentrates his practice on the preparation and prosecution of patent, trademark and copyright applications in the U.S. and abroad, and advising clients with respect to IP law and strategy.The Powerpoint slideshow that Jason presented during the seminar can be downloaded for a brief period of time by Clicking here

Attorney Presentation - CLE Session: Minnesota 2009 Elder Law Institute
Attorney Presentations
Jul 29, 2009
Sarah J. Rowley of the Minneapolis, Minnesota office of Barnes & Thornburg LLP will conduct a CLE session at the Minnesota 2009 Elder Law Institute on Thursday, Oct. 8. This session will review the medical assistance treatment of real estate including the homestead, cabins and other jointly owned property. The session will also provide a detailed look at planning opportunities involving ownership of real estate, tax implications of real estate transfers and planning to keep real estate in the family

Attorney Presentation - "Transferring Ownership to Employees in Business Transitions"
Attorney Presentations
Jul 28, 2009
Jude Anne Carluccio of the Minneapolis, Minnesota office of Barnes & Thornburg LLP will be leading a session at a seminar hosted by National Center for Employee Ownership (NCEO) in Greenwood, Colo. on September 15-16. The day-and-a-half program, “Transferring Ownership to Employees in Business Transitions,” will bring together leading experts from around the country. Jude’s session will focus on Legal & Fiduciary Issues

Attorney Presentation - Midwest ESOP Chapter "Conference of Champions"
Attorney Presentations
Jul 28, 2009
Lynn A. Archer of the Minneapolis, Minnesota office of Barnes & Thornburg LLP has been selected as a speaker for the Midwest ESOP Chapter “Conference of Champions” held September 24-25 in Bloomington, Minn.

Public Finance Alert
2009 Legislative Overview for Redevelopment Commission Members and Their Attorneys
Alert
Jul 28, 2009
Click here for a PDF of the Public Finance Alert: 2009 Legislative Overview for Redevelopment Commission Members and Their AttorneysOn July 28, 2009, Barnes & Thornburg LLP's Governmental Services & Finance Department issued the Public Finance Alert, "2009 Legislative Overview for Redevelopment Commission Members and Their Attorneys." To download a PDF of this Alert, click on the link at the top of this page.©2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is proprietary and the property of Barnes & Thornburg LLP. It may not be reproduced, in any form, without the express written consent of Barnes & Thornburg. This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances....

WLFI-TV (West Lafayette, Ind.) - "Delphi Schools Look at Funding"
In The News
Jul 28, 2009
Jeff Qualkinbush of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the July 28 WLFI-TV 18 (West Lafayette, Ind.) article, “Delphi Schools Look at Funding.”

Hacienda Mexican Restaurants Obtains Federal Injunction Against Advertising Company
News Release
Jul 27, 2009
Hacienda Mexican Restaurants in Indiana has obtained a preliminary injunction to stop an Illinois-based advertising company from conducting a placemat advertising campaign using the Hacienda name.HMR Acquisition Company, Inc., headquartered in South Bend, Ind., filed its federal complaint a week ago against Nationwide Advertising of Springfield, Illinois (also known as Coast to Coast Advertising and Nationwide Marketing). HMR operates 12 Hacienda restaurants in several Indiana cities, including Elkhart, Evansville, Goshen, Kokomo, Michigan City, Mishawaka, South Bend and Warsaw. Attorney Damon R. Leichty of Barnes & Thornburg LLP represents HMR in the litigation.HMR had alleged that Nationwide surreptitiously acquired information about Hacienda’s operations to use in a placemat advertising campaign to “defraud Indiana consumers and companies” by using the Hacienda name and mark, among other activities....

Attorney Presentation - "Automotive Supplier Issues"
Attorney Presentations
Jul 24, 2009
John Gregg of the Grand Rapids, Michigan office of Barnes & Thornburg LLP participated in a panel discussion entitled, “Automotive Supplier Issues” at the Federal Bar Association - Bankruptcy Section Seminar held July 24.

Aviation Law Alert: FAA Issues Final Rule on Pilot Age Limits
Alert
Jul 24, 2009
Click here for a PDF of the Aviation Law Alert: FAA Issues Final Rule on Pilot Age LimitsFAA’s Final Rule raising the upper age limit for pilots serving under Part 121 operations and supplemental operations under Part 61 became effective July 15. This action updates the Code of Federal Regulations to reflect the recently adopted Fair Treatment for Experienced Pilots Act (FTEPA). The FTEPA increased the mandatory requirement age for airline pilots from 60 to 65.This Final Rule implements the FTEPA by conforming FAA regulations to statutory requirements....

Employment Law360 - Tips for Avoiding Internship Liability
In The News
Jul 23, 2009
Ken Yerkes of the Indianapolis, Indiana office of Barnes & Thornburg LLP was interviewed for the July 23 Employment Law360 article, “Tips for Avoiding Internship Liability.” In the article, which provides employers with a number of "precautions their companies should take to protect themselves when hiring interns," Ken tells the author, "Interns are not the equivalent of indentured servants." He goes on to add, "that an intern who may be willing to work off the clock while trying to impress a prospective employer may be less forgiving when and if continued employment doesn't pan out."

Reuters - July 2009
"Amazon's Zappos buy seen clearing antitrust review."
In The News
Jul 23, 2009
Kendall Millard of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the July 23 Reuters article, “Amazon’s Zappos buy seen clearing antitrust review.” The article was picked up by a number of national publications, including The New York Times, The Washington Post, CNBC.com and Yahoo News

Attorney Presentation - Mechanics liens, landlord tenant issues, and bankruptcy law
In The News
Jul 22, 2009
Laura Graf of the Minneapolis, Minnesota office of Barnes & Thornburg LLP spoke to a group of property managers about mechanics liens, landlord tenant issues and relevant bankruptcy law at Piedmont’s Midwest regional meeting held July 22, 2009.

Aviation Week - July 2009
"Helping Others Understand the Value of Company Aircraft"
In The News
Jul 21, 2009
Cliff Maine of the Grand Rapids, Michigan office of Barnes & Thornburg LLP is quoted in the July 21 Aviation Week article, “Helping Others Understand the Value of Company Aircraft.” According to the article, "...Washington has been seething for years about excessive compensation and lavish perks for top corporate management, especially their use of business airplanes. Many people inside the Beltway don't view business aircraft as productivity tools. Quite to the contrary, their swell of indignation about corporate airplanes very much mirrors the public's resentment about the perceived misuse of these assets by what they deem to be a privileged few.

Daily Court Reporter
"Internships, clerkships provide experiences for students and new attorneys"
In The News
Jul 20, 2009
Bill Nolan of the Columbus, Ohio office of Barnes & Thornburg LLP is quoted in the Daily Court Reporter</i article, “Internships, clerkships provide experiences for students and new attorneys.” According to the article, "During the summer months, several programs are available to law students who want to gain experience in their chosen profession, and those who have long been in the legal business are quick to say these preparatory programs are necessary for students and recent graduates trying to 'cut their teeth' in the field of law."

Employment Law360 - Nixing Card-Check Could Shift, Not Quell, EFCA Debate
In The News
Jul 20, 2009
Ken Yerkes of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the July 20 Employment Law360 article, "Nixing Card-Check Could Shift, Not Quell, EFCA Debate." According to the article, "A new version of the Employee Free Choice Act that would eliminate the card-check provision is reportedly taking shape, but management-side lawyers say the pared-down bill still won't be palatable to employers."

Labor & Employment Law Alert - July 2009
Card Check to be Dropped from EFCA?
Alert
Jul 20, 2009
Click here for a PDF of the Labor & Employment Law Alert - Card Check to be Dropped from EFCA?The hotly debated card-check provisions in the Employee Free Choice Act (EFCA) appear to be in limbo after conflicting reports in recent days about their inclusion. A New York Times article late last week reported that a small group of six Democratic senators, who have been working on a compromise to salvage EFCA, had agreed that the alternative would not include the current bill’s card check provisions. However, an item in today's BNA Daily Labor Report seems to refute that report, saying that union representatives are denying there is an agreement and that the office of Sen....

Voir dire: Effective techniques for getting and using the information you need
Attorney Presentations
Jul 14, 2009
Stolle, D. P. (July 2009).

Labor & Employment Law Alert - July 2009
D.C. Circuit Overrules NLRB On Use Of E-mail For Union Activity
Alert
Jul 09, 2009
Click here for a PDF of the Labor & Employment Law Alert: U.S. Supreme Court Issues Key Decision for Employers in Age Discrimination CaseThe United States Court of Appeals for the District of Columbia Circuit reversed the NLRB Tuesday, finding that the Board misapplied the National Labor Relations Act in ruling that an Oregon newspaper properly disciplined an employee for violating company policy by using the newspaper’s e-mail system for union purposes. While many suggest that a new Board with a Democratic majority might have quickly reversed the Register-Guard decision anyway, the D.C. Circuit beat the NLRB to the punch.In December 2007, the Board ruled that the Register-Guard newspaper acted lawfully in disciplining an employee for violating the company’s communications systems policy by sending emails seeking support for the Eugene Newspaper Guild....

Attorney Presentation - Indiana Legislative Updated
Attorney Presentations
Jul 08, 2009
David R. Gillay of Barnes & Thornburg LLP's Indianapolis, Indiana office presented at the Professional Geologists of Indiana - Board Meeting.

Barnes & Thornburg LLP Represents Finish Line in Disposition of Man Alive Business
News Release
Jul 08, 2009
David Millard, Josh Hollingsworth and Ben Drabiak of the Indianapolis, Indiana office of Barnes & Thornburg LLP assisted client Finish Line, a leading athletic retailer specializing in brand name footwear, apparel and accessories, in the divestiture of its Man Alive urban apparel business to Jimmy Jazz stores.David Millard represented the Finish Line in acquiring Man Alive in 2005. The Finish Line grew the urban apparel chain from 38 to 86 stores.The acquirer of the Man Alive business, Jimmy Jazz, is a rapidly growing urban apparel chain based out of New York....

Barnes & Thornburg LLP Boosting Multiple Practices With Addition of Key Chicago Attorneys
News Release
Jul 06, 2009
On the heels of its 10th office addition nationwide, Barnes & Thornburg LLP announced today that it has added five Chicago office attorneys to boost its already growing profile in the areas of intellectual property, business and healthcare.Heather Fesko Delgado, formerly of Richmond, Va.-based McGuireWoods LLP, joined the firm July 2 as a partner in the firm’s growing Healthcare Department. Delgado, who concentrates her practice on representation of hospitals, becomes the 85th attorney in the firm’s Chicago office. She joins two new attorneys added last week to the firm’s roster of national intellectual property attorneys. They include Mary Innis and J. Manuel Herrera, both formerly of New York’s Loeb & Loeb. Innis joined the firm as a partner and chair of the firm’s new Advertising & Marketing Practices Group.In addition, the firm’s corporate group added two partner attorneys in June. Mark T....

Climate Change/Environmental Law Alert
U.S. Senate to Offer Own Energy, Climate Change Bill
Alert
Jul 02, 2009
Click here for a PDF of the Climate Change/Environmental Law Alert: U.S. Senate to Offer Own Energy, Climate Change BillU.S. Sen. Barbara Boxer (D-Calif.), Chair of the Senate Environment and Public Works, has scheduled a series of four hearings over the next two weeks to assist Senate efforts to draft its own climate legislation this summer that seeks a more comprehensive approach to U.S. energy and climate change policy.This comes after the U.S. House of Representatives recently passed H.R.2454, the American Clean Energy and Security Act of 2009 (ACESA), by a vote of 219 to 212. Sponsored by Rep. Henry Waxman (D-CA), Chairman of the House Energy and Commerce Committee, and Rep. Ed Markey (D- MA), the over 1500-page bill had undergone several revisions in recent months before its June 26th passage....

Attorney Presentation - Legal Considerations Involved with Downsizing or Restructuring a Workforce
Attorney Presentations
Jul 01, 2009
Jerry Lutkus of the South Bend office presented a luncheon seminar to more than 120 members of the Michiana chapter of the Society of Human Resources Management on Legal Considerations Involved with Downsizing or Restructuring a Workforce. The presentation assisted the HR professionals with identifying legitimate business reasons motivating downsizing or restructuring and discussed relevant business and legal issues that need to be considered before undertaking such changes. Jerry discussed the essential steps and risks in implementing a reduction in force, as well as ways to insulate companies from those risks.

Dave Pruitt to Participate in 2009-10 South Bend/Mishawaka Leadership Program
In The News
Jul 01, 2009
Dave Pruitt of the South Bend, Indiana office of Barnes & Thornburg LLP has been selected to participate in the 2009-10 South Bend/Mishawaka Leadership Program. Participants will receive an experience that will provide them with 21st century leadership skills and a civic education that will enable them to effectively serve as a trustee in our communi

Labor & Employment Law Alert - June 2009
Rock and A Hard Place - Supreme Court Finds Reverse Discrimination When City Tossed Out Test Results Trying to Avoid a Disparate-Impact Claim
Alert
Jun 29, 2009
Click here for a PDF of the Labor & Employment Law Alert: Rock and A Hard Place - Supreme Court Finds Reverse Discrimination When City Tossed Out Test Results Trying to Avoid a Disparate-Impact ClaimOn June 29, 2009, the United States Supreme Court ruled 5-4 that the City of New Haven, Conn., discriminated against Caucasian and Hispanic firefighters when it disregarded the results of a promotional exam because fewer African-American firefighters scored well on the test, and even though the City faced threats of disparate-impact claims by the minority firefighters.In Ricci v. DeStefano, New Haven gave its firefighters objective examinations to determine who qualified for promotions. When the City obtained the results of the exam, it discovered that, on average, Caucasian firefighters scored better than African-American firefighters....

Beyond the Beltway - June 2009
In The News
Jun 28, 2009
Pat Cotter of the Chicago office of Barnes & Thornburg LLP was a guest on the June 28 broadcast of "Beyond the Beltway" on WLS-AM, a nationally syndicated radio show hosted by Bruce DuMont. Pat and other guests discussed a range of issues, including the government's use of torture, extraordinary rendition, special tribunals, and national security issues in general. The main guest was Jane Mayer, author of "The Dark Side," a history of the war on terrorism and a New Yorker reporter. Her book was named one of the 10 best of the year by the New York Times Book Review.

Fox News Channel - June 2009
"America's News HQ"
In The News
Jun 27, 2009
Sarah Rowley of the Minneapolis, Minnesota office of Barnes & Thornburg LLP appeared on the national FOX News Channel's "America's News HQ" on June 27, 2009.

Labor & Employment Law Alert - June 2009
Bill Prohibiting Sexual Orientation and Gender Identity Discrimination Appears to be Gaining Momentum
Alert
Jun 26, 2009
Click here for a .pdf of the Labor & Employment Law Alert: Supreme Bill Prohibiting Sexual Orientation and Gender Identity Discrimination Appears to be Gaining Momentum.On June 24, 2009, Rep. Barney Frank (D-Mass.) reintroduced in the House of Representatives the Employment Non-Discrimination Act (ENDA) as H.R. 3017, which he originally introduced on June 19, 2009, H.R. 2981. This proposed legislation would prohibit discrimination in employment based on an individual’s actual or perceived sexual orientation or gender identity. “Sexual orientation” is defined to include homosexuality, heterosexuality and bisexuality....

Attorney Presentation - "New Technology and the Impact of New Lawsuits"
Attorney Presentations
Jun 24, 2009
Tuck Hopkins of the Fort Wayne office presented on “New Technology and the Impact of New Lawsuits” and “POC Testing and Lawsuits” at the American Society of Extracorporeal Technology’s “Perfusion Safety & Best Practices in Perfusion 2009” seminar. The event was held June 24-27 in New Orleans, La

Attorney Presentation - National Retail Federation's General Counsel's Forum
Attorney Presentations
Jun 24, 2009
Teresa Jakubowski of the Washington D.C. office of Barnes & Thornburg LLP presented at the National Retail Federation's General Counsel's Forum held June 24 in Washington, D.C.

MomsMichiana.com - June 2009
"ABCs of bicycling with kids"
In The News
Jun 23, 2009
Tim Maher of the South Bend, Indiana office of Barnes & Thornburg LLP is quoted in the June 23 MomsMichiana.com article, “ABCs of bicycling with kids.” The article offers an A-Z set of "pointers" for kids on bicycle safety. Powered by the South Bend Tribune, MomsMichiana.com is a Web site designed for parents residing in Michiana

Financial Institutions Alert
Sweeping Changes to the Financial Institution Regulatory System Proposed by President Obama
Alert
Jun 23, 2009
Click here for a PDF of the Financial Institutions Alert: Sweeping Changes to the Financial Institution Regulatory System Proposed by President ObamaIn response to the recent financial crisis and the on-going world-wide recession, on June 17, 2009, President Obama announced the outline of a far-reaching plan to reform the regulation and oversight of the U.S. financial system (the Reform Plan), which, if implemented in its current form, would have significant ramifications on U.S. financial institutions of all types. In announcing the Reform Plan, the President asserted that, even though the financial crisis has had many causes, the government could have done more to prevent the crisis from threatening the overall economy....

Barnes & Thornburg LLP Expands into Minneapolis Market, Combines with The Parsinen Law Firm
Firm Continues to Execute Strategic National Expansion
News Release
Jun 22, 2009
Barnes & Thornburg LLP, a leading national law firm, announced its expansion today into Minnesota through an agreement with Minneapolis-based The Parsinen Law Firm P.A. All 22 attorneys, including 14 partners, are joining Barnes & Thornburg, which will provide the firm with a substantial presence in Minneapolis.Effective July 1, the deal comes on the heels of Barnes & Thornburg’s recent expansion this year into Atlanta, Ga., and Columbus, Ohio, and marks the firm’s 10th office nationwide. Discussions between the two firms commenced in the fall of 2008.“We are excited to enter the Minneapolis market with such a talented and respected group of attorneys as we continue to grow our national platform,” said Barnes & Thornburg Managing Partner Alan A. Levin....

Labor & Employment Law Alert - June 2009
Proposed Rulemaking Highlights the EEOC’s Expansive Interpretation of the ADA Amendments Act
Alert
Jun 19, 2009
Click here for a PDF of the Labor & Employment Law Alert: Proposed Rulemaking Highlights the EEOC’s Expansive Interpretation of the ADA Amendments Act On June 17, 2009, the Equal Employment Opportunity Commission (EEOC) approved its Notice of Proposed Rulemaking (NPRM) to revise its current regulations and implement the ADA Amendments Act of 2008 (ADAAA). EEOC approved the NPRM by a split vote of 2-1 (two commissioner seats presently are vacant). Although the text of the NPRM is not yet available to the public, EEOC’s Office of Legal Counsel (OLC) briefly summarized the NPRM’s major provisions prior to the EEOC’s vote. Based on the OLC’s oral presentation, it appears the EEOC has broadly interpreted the ADAAA....

Labor & Employment Law Alert - June 2009
U.S. Supreme Court Issues Key Decision for Employers in Age Discrimination Case
Alert
Jun 19, 2009
Click here for a PDF of the Labor & Employment Law Alert: U.S. Supreme Court Issues Key Decision for Employers in Age Discrimination CaseIn a narrow and contentious 5-4 decision, the United States Supreme Court yesterday ruled against an age discrimination plaintiff, stating clearly that the plaintiff must prove that “but for” his age, the alleged discrimination would not have occurred.The Court’s decision in Gross v. FBL Financial Services, Inc. clarifies that unlike Title VII, the Age Discrimination in Employment Act (ADEA) does not allow a plaintiff to establish discrimination by showing that age was simply a motivating factor....

Finance, Insolvency and Restructuring Alert - June 2009
Upcoming Hearings in GM Chapter 11 Cases to Consider Sale of Assets and Various Other Matters
Alert
Jun 17, 2009
Click here for a .pdf of the Finance, Insolvency & Restructuring Alert: Upcoming Hearings in GM Chapter 11 Cases to Consider Sale of Assets and Various Other Matters.On June 1, 2009 (the Petition Date), General Motors Corporation and affiliated companies (collectively, the Debtors) instituted Chapter 11 cases (the Cases) before the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court). At a hearing that afternoon, the Bankruptcy Court reviewed many so-called first day motions by the Debtors dealing with customary or routine matters and also considered certain procedures relating to the treatment of various possible claims of suppliers....

Managing Intellectual Property - June 2009
"Facebook faces off with trademark owners"
In The News
Jun 17, 2009
David Wong of the Indianapolis office is quoted in the June 15 Managing Intellectual Property magazine article, "Facebook faces off with trademark owners." As the article states, "Trademark owners have been given a reminder of the need to police their marks online after social networking site Facebook revealed that users can apply for their own Facebook urls." As such, business owners have been going to great lengths to protect their trademarks and to keep Facebook users from incorporating their marks into their personalized urls

The Indianapolis Star - June 2009
"Firms: Join Facebook to Proect Trademarks"
In The News
Jun 17, 2009
David Wong of the Indianapolis, Indiana office of Barnes & Thornburg LLP is quoted in the June 17 Indianapolis Star article, “Firms: Join Facebook to Protect Trademarks,” about a recent Facebook rule change that allows users to begin naming their own personal URLs, or Web addresses, for their profiles

Attorney Presentation - Estate Planning
Attorney Presentations
Jun 15, 2009
Bradley J. Frank of the Minneapolis, Minnesota office of Barnes & Thornburg LLP spoke about Estate Planning on June 15 at a retirement seminar for 75 Hennepin County (Minnesota) employees. Mr. Frank concentrates his practice in estate and corporate planning, working with business and individuals through all of their life stages. He works with clients on family- and closely-held business issues that range from the routine to the complex, including creation, financing, acquisitions, buy/sell arrangements, negotiation of contracts and joint ventures, sale of assets or stock, and succession planning

Business Alert - Indiana Adopts Revisions to Business Corporation Law
Alert
Jun 15, 2009
Click here for a PDF of the Business Alert: Indiana Adopts Revisions to Business Corporation LawOn May 12, 2009, Indiana Governor Mitch Daniels signed into law Senate Bill 450 which enacts numerous amendments to the Indiana Business Corporation Law, as amended (the IBCL). The amendments become effective on July 1, 2009. Many of these updates in Senate Bill 450 are

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