By: Melanie Dunajeski Non-Competition and Non-Solicitation Agreements are in the news again in Indiana. On December 18, 2019, the Indiana Supreme Court issued its sharply divided 3-2 opinion in American Consulting, Inc. v. Hannum Wagle & Cline Engineering, Inc. et al, 136 N.E.3d 208 (Ind…. Read More >
DSV Blog
Non-Coms and Non-Solicitation Agreements: Liquidated Damages Provisions Questioned by Indiana Supreme Court
DSV Super Lawyers and Rising Stars Announced for 2020
DSV is pleased to announce that the following members of the firm have been named Super Lawyers and Rising Stars by Super Lawyers Magazine. Michael F. Drewry (17 years named as a Super Lawyer) David A. Temple (11 years named as a Super Lawyer)… Read More >
House Bill 1021 – Mechanic’s Lien Discharge
By: Scott P. Fisher Representative Jerry Torr has again offered a bill that seeks to streamline the discharge of a mechanic’s lien in place of a bond. Currently, to be bonded off, a general contractor or owner (or other party) must file an action… Read More >
2019 Labor & Employment in Review
By: Melanie Dunajeski Labor and employment issues were front and center in the courts and in administrative agencies during 2019. Here is a sampling of some of the major issues from the last year. (1) SCOTUS hears arguments on whether Title VII prohibits discrimination… Read More >
In Indiana, the “Blue Pencil” is Actually an Eraser
By: Melanie M. Dunajeski A frequent companion to a non-compete agreement is a non-solicitation agreement that limits a departing employee’s ability to “raid” his prior employer to staff his new employer. Both non-competition and non-solicitation agreements are considered to be in restraint of trade,… Read More >
Medical Malpractice News: Indiana Court of Appeals Determines Radiologic Technologist is Qualified to Render an Expert Opinion on Causation
By: Courtney McCormick In order to proceed with a matter in state court after a medical review panel renders an opinion in favor of a healthcare provider, a patient is required to produce an expert opinion that the healthcare provider’s conduct failed to meet… Read More >
Protecting Confidential Information–Keep Your Assets from Walking Out the Door
By: Melanie Dunajeski Many employers use a combination of Non-Competition and Confidentiality Agreements to attempt to limit post-employment unfair competition by former employees. Non-Competes have always been disfavored and subject to strict court construction against employers as a restraint of trade, but are recently… Read More >