miniBar Talk: This Week’s Top Post

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EEOC Seeks Public Comment on Draft Enforcement Guidance

Provided by the Labor & Employment Law Section Executive Committee

Following the Supreme Court’s 2013 opinion in Univ. of Tex. SW Med. Ctr. v. Nassar (133 S. Ct. 2517 ) and its own meeting of June 17, 2015, the Equal Employment Opportunity Commission is seeking public comment on its draft enforcement guidance on retaliation and related issues. Comments are being accepted until February 24, 2016. The enforcement guidance was last updated in 1998.

Would you like to submit or write content for the Labor & Employment Law Section webpage? It’s easy! To get started, email Rachel Beachy at

To subscribe to more labor & employment law news like the article above, click here to update your news subscriptions. Your news subscriptions appear in your bi-weekly E-Bulletin and on your personalized IndyBar homepage.

Keep an eye out for our newest e-newsletter for members, Bar Talk, featuring the top IndyBar posts each month!


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Meet Your Match with the Indy Attorneys Network

Cupid may be making matches this month, but the IndyBar makes professional matches all year long!

The Indy Attorneys Network, an add-on member benefit of the IndyBar, makes no hassle networking possible for its members. Members are matched monthly through email, and larger group settings are also offered throughout the year. At these larger meetings, the Indy Attorneys Network will offer guidance on networking techniques, ethical aspects of marketing or networking, and practical tips.

Let the members speak for themselves:

“I have been amazed at the variety of practice areas and walks of life of the lawyers, judges, and students who I have met through the Indy Attorneys Network. Many of my new friends have been folks I never would have met. Now, we refer clients to one another.” -John Trimble, Lewis Wagner LLP and 2015 IndyBar President

“We always talk about fostering civility in the profession, and there is no greater way to facilitate kindness and respect between professionals than to actually know each other.  The Indy Attorneys Network starts new friendships and nurtures existing ones, making it an essential resource to the Bar that can really enhance the administration of justice.” -Reynold T. Berry, Rubin & Levin PC

“I’ve really enjoyed being involved in the Indiana Attorneys Network.  I’ve met so many lawyers and judges whose paths I would not have crossed without this network.  I’ve not only started receiving new referrals as a result of these interactions, but it’s increased the network of people I can refer clients to for services I do not provide.  I find the Indiana Attorneys Network to be a great return on investment.” -Rebecca W. Geyer, Rebecca W. Geyer & Associates PC

“The thing I like best about the Indy Attorneys Network is being matched for informal coffee or lunch meetings with people I might not get to meet otherwise. Just when you think you won’t have much in common with your match, it never fails that you learn something valuable from the meeting.” -Scott Chinn, Faegre Baker Daniels LLP

“The Indy Attorneys Network is a perfect opportunity to meet judicial officers and attorneys from many practice areas and backgrounds. My matches through the Indy Attorney Network have introduced me to many new people and helped me reconnect with old friends, classmates and colleagues.” -Elizabeth Polleys, Marion County Prosecutor’s Office

Ready to meet your match? Sign up for the Indy Attorneys Network today by updating your membership preferences at

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IndyBar Review Blog: Week 4

By Devon Sharpe, IU Robert H. McKinney School of Law

Is it really February? After four weeks of IndyBar Review and only two weeks remaining, the bar exam is going to be here in no time. That said, it is important to avoid the allure of procrastination.


The first tip is from an article discussing how to stop procrastinating before the bar exam. You can view the article here. The remaining tips are from my experiences in either law school or bar review.

  1. Time Travel – I relate 100% with this idea. The article encourages the following, “If you’re procrastinating about making your outline, travel forward in time and remind yourself how nice it will feel when you’re done with it. Just thinking ahead like this can be a helpful way to push yourself to accomplish your work now instead of waiting until later.”
  1. Identify the Distraction(s) – Television and video games are a huge draw for my attention. Establish a reward system. When I complete my real property outline, I will reward myself with 30 minutes of internet time. This works fine so long as you adhere to the reward timeframe allotted. What are the things that steal your time?
  1. Remove yourself – The majority of the time I do not have too much trouble staying focused at home. However, if the topic is exceptionally difficult or time consuming to review, then I may turn to my distractions. To avoid procrastinating, I remove myself by going to a coffee shop. Where would you go to avoid your distractions?
  1. Create attainable goals – With a large amount of material to review, it is important to find a way to focus your attention on a topic or an activity (evidence or practice MBE questions). The IndyBar helps you with this by providing samples schedules for full-time and part-time students for each day that includes suggested allotments of time and activity.


Please, share any strategies that you have found useful.

Next Week

In next week’s blog, I will review the Indiana Essays portion of the bar exam and more tips from the IndyBar Review speakers.

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Bill Watch Report for February 1 Now Available

The practice area specific Bill Watch reports for February 1 are now available. The reports highlight the pending bills of particular concern to different sections within the bar. See below for this week’s posts, and click here to access the full Bill Watch reports.

Business Law
Criminal Justice

Environmental Law
Estate Planning & Administration
Family Law
Health Care & Life Sciences
Labor & Employment Law
Real Estate & Land Use
Sports & Entertainment Law

Don’t forget: You can update your news subscriptions to conveniently receive information like the practice area-specific Bill Watch posts in your bi-weekly E-Bulletin! Click here to learn more, and click here to update your profile.

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On Tap at the IndyBar: February 1 – 7

Everybody loves a local bar, so check out what yours is serving up this week with upcoming IndyBar events and happenings below!

On the Docket

Dead Man Talking
Fri., February 5 from noon to 1 p.m.
Information and registration can be found here.

Check out the full slate of IndyBar events here, and don’t forget to check out the IndyBar on Facebook for the latest event photos.

News You Can Use

  • Member Headlines: Thursday, January 28 – Find out which members were appointed to Mayor Hogsett’s Capital Improvement Board in the latest member headlines.
  • Bill Watch Report for January 25 Available - Get the latest updates on pending legislation in the Bill Watch Report. This report breaks down bills of particular concern to IndyBar members by practice area and will be published weekly throughout the session.
  • Bar Talk January: Legal News You Need to Know – Don’t miss the top five member-written articles for the month, including changes to the burden of proof on child support tax exemptions, legislative changes to provider-based services and more.
  • Indianapolis Bar Foundation Reports Budget-Breaking Success in 2015 – With the generous support of the Indianapolis legal community, the Indianapolis Bar Foundation is pleased to report that it exceeded its 2015 fundraising budget by more than 10 percent. Read more from 2016 IBF President Andrew Campbell.
  • Moberly: Time to ‘Tune In’ for 2016 - 2016 IndyBar President Judge Robyn Moberly’s first article discusses her experiences in the legal community and what’s ahead for this year.
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Member Headlines: Thursday, January 28

Share your news with the IndyBar by contacting Rachel Beachy, Communications Coordinator, at

Indianapolis Mayor Joe Hogsett has appointed IndyBar members Michael Terrell of Taft Stettinius & Hollister LLP and David Corbitt of Krieg DeVault LLP to the Capital Improvement Board.

Doug Brown, partner at Bose McKinney & Evans LLP and managing principal at Bose Public Affairs Group LLC, has been named to the Indiana Chamber of Commerce’s Government Affairs Council.

Chad Bradford has been named partner at O’Bryan Brown & Toner PLLC.

Matt Millis and Mike Valinetz have been named partner at Wooden McLaughlin LLP.

Allison Grant Menish has joined O’Bryan Brown & Toner PLLC.

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The Indianapolis Bar Foundation Reports Budget-Breaking Success in 2015

By Andrew Campbell, Faegre Baker Daniels LLP and 2016 Indianapolis Bar Foundation President

With the generous support of the Indianapolis legal community, the Indianapolis Bar Foundation is pleased to report that it exceeded its 2015 fundraising budget by more than 10 percent. This success will further maximize the IBF’s impact in the Indianapolis community through its mission to advance justice and lead positive change through philanthropy, education and service.

As the exclusive financial sponsor of the Indianapolis Bar Association’s pro bono programs, the IBF has and will continue to positively advance justice in Indianapolis. In 2015 alone, IndyBar pro bono programs allowed more than 1,800 of our neighbors to access a lawyer’s services free of charge.

These programs included legal consultation and referral through the bi-annual Ask-a-Lawyer and monthly Legal Line programs; legal advice and representation at area homeless shelters via the Homeless Project; end-of-life planning and representation through the Hospice and Low Asset Wills programs; and, family law representation when those in need are conflicted out of representation by other legal service providers.

Together, nearly 500 IndyBar members donated over 1,800 hours of pro bono service through these programs. Without the financial support of the IBF and its donors, these programs simply would not exist, leaving those in need without access to valuable legal services.

In 2015, the IBF also continued its long history of philanthropy. Specifically, the IBF again awarded an Impact Fund grant of $35,000 to an Indianapolis non-profit with a focus on the public’s awareness of, understanding of, and access to the legal profession. With the 2015 Impact Fund grant, the Peace Learning Center (PLC) is implementing its new One Indy Campaign.

Through this program, the PLC has partnered with four Indianapolis Public Schools that serve six of the Department of Public Safety’s focus neighborhoods. Among other key components, the One Indy Campaign will train students as peer mediators, lead restorative justice circles, and educate teachers and staff about restorative justice practices as a viable and effective alternative to punitive disciplinary practices. Since last fall, One Indy has worked with nearly 1,000 students, parents, and teachers, and is positioned to positively impact hundreds more. The One Indy Campaign will also offer valuable volunteer opportunities for IndyBar members in 2016.

The IBF also continues to enhance its impact on legal education and professional development through multiple scholarships. In 2015, the IBF awarded more than $8,000 in scholarships to law students to defer the cost of tuition and attend Bar Review courses. The IBF also awarded $1,000 to legal professionals to attend the annual Bench Bar Conference. These important scholarships not only make legal educational and professional opportunities more accessible, but they honor the legacies of Rosie Felton (former Executive Director of the Indianapolis Bar Association); Judge Noland, Judge Steckler, and Judge Dillin; and Neil Shook.

Many IBF supporters and IndyBar members also took advantage of numerous service projects coordinated and/or supported by the Foundation. For example, IBF Distinguished Fellows participated in service projects with Gleaner’s Food Bank, and many supporters participated in CLE and pro bono programs with the 2014 Impact Fund recipient, the Joseph Maley Foundation. Numerous members represented the legal community at nearly 26 naturalization ceremonies, and the IBF made major contributions to the IndyBar Diversity Job Fair and Bench Bar Conference.

In summary, the IBF continues to make a meaningful and lasting impact on the Indianapolis community by providing access to lawyers by those who are the most vulnerable, supporting non-profit organizations whose own efforts increase awareness and access to the legal profession, and enhancing the educational and professional opportunities of law students and practitioners alike. These initiatives would not be possible without the continued, generous support of IBF donors. Thus, the IBF is looking forward to building on its success in 2015 to continue its good works in 2016 and beyond.

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Moberly: Time to ‘Tune In’ for 2016

iba-moberly-robyn-2016I remember the monthly Meetings of Members of the 1980s and how much I looked forward to them. I was a young lawyer and I felt like the new kid in school at those meetings, but somehow I knew it was important to be there and to mingle. Every lawyer in town was at the monthly meetings. The only way I would get over my nervousness was to jump in and meet as many lawyers as I could so I’d be one of the “in crowd” soon. Times have changed in so many ways. Now I’m the president of the preeminent metropolitan bar association in the country (and now I’m not even sure who the “in crowd” is!).

We haven’t held monthly Meetings of Members in a long time. Lawyers’ offices are dispersed more widely now and a trip downtown from another county doesn’t make sense. Clients demand immediate service, so time away from one’s practice can be costly. Social media has replaced face-to-face conversations. Lunchtime speakers’ messages can be heard on blogs, e-news and online CLEs.

I still push back on the statement that there’s little value in gathering as a professional group. I know from personal experience that the best clients come from referrals from other lawyers. When someone sees you and has a worthwhile conversation, you come to mind as someone to whom to refer business. While “Indianapolis” lawyers’ offices are no longer exclusively downtown, trips to the courthouse can be planned to coincide with some camaraderie. Matters can come up in casual conversation that afford the chance to learn something new and sometimes even solve a client problem or settle a case. The groundwork for future opportunities is laid in face-to-face meetings. It’s unknowable what can come out of making a new acquaintance, only to be revealed sometimes years later.

Do I sound like I’m resisting change? Actually, I’m not. When the IndyBar leadership held our retreat this fall, we took a teamwork personality assessment and one of the things I learned about myself is that I tend to seek change, just for change’s sake, and that I need to remember others prefer slow or no change. So, this year at the IndyBar, we are working on adapting to the new legal environment, figuring out how we can provide all of the benefits and opportunities a professional association should provide to more members, while maintaining all of the programs that have made our association meaningful and important in the lives of lawyers for the last century.

We’ve got a great “think tank” of younger lawyers figuring out what future lawyers in our community will want and need from their association. It won’t be monthly meetings, but we’ll still have some of those. It won’t be CLEs, but we’ll still have a lot of those. It might be better e-forms, and we already are improving those. It might be more Web presence, and we already provide free online profile design for members joining Indy Lawyer Finder. We’ll certainly provide more assistance electronically. We’ll let you know how these smart young lawyers answer all the questions we’re asking of them, later in the year.

So tune in, don’t tune out. Come visit us at @indybar,, or at 135 North Pennsylvania St., Suite 1500. Share your ideas about what we can do for you. We welcome and serve all lawyers — regardless of how you connect with us.

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IndyBar Review Blog: Week 3

By Devon Sharpe, IU Robert H. McKinney School of Law

Going into the evidence lecture, I was intimated by the sheer volume of highly complicated issues and questions within the topic. IndyBar evidence lecturer, Rusty Denton, offered help in remembering the many concepts through mnemonics and tips. Please, feel free to share any mnemonics that you used or found helpful.


Exclusions by Rule
The evidence is relevant, but is excluded by one of the rules listed below:

Casper Haunts Small Castles Populated With Little Souls

  • Character (404)
  • Habit & Custom (406)
  • Subsequent Remedial Measures (407)
  • Compromise (408)
  • Payment (409)
  • Withdrawn Pleas (410)
  • Liability Insurance (411)
  • Sexual Conduct (412-415)

Hearsay Exceptions for Available Witnesses
These pieces of evidence are hearsay, but are allowed in under one of the exceptions listed below (not an exhaustive list, just the ones to focus on):


  • Public Document
  • Learned Treatises
  • Excited Utterances
  • Medical Diagnosis
  • Business Records
  • Existing Condition
  • Recollection Recorded
  • Present Sense Impression



Hearsay Test tip: In an evidence question you should often begin by asking, “What is the purpose of the evidence?”

  • First, determine if the statement is an out of court statement.
  • Second, decide what the matter asserted is.
  • Finally, if the statement is being offered to prove the matter asserted, then it is hearsay and inadmissible without an exception.


Next Week

With the bar exam a month away, the reality is setting in that this is going to happen. Next week’s blog will discuss how to avoid procrastination and stay focused when studying for the bar exam.

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Bar Talk January: Legal News You Need to Know

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The latest legal scoop to keep you in the loop: Here are the top five stories from the IndyBar this month.

Please note: IndyBar news and updates are provided as a member benefit. You may be prompted to log-in to view some articles.

IndyBar Featured Program: Indiana Appellate Institute
By Brent R. Borg, Church Church Hittle & Antrim
The IndyBar Appellate Practice Section created the Indiana Appellate Institute in 2010 as a resource for lawyers who have oral arguments scheduled before the Indiana Supreme Court or Indiana Court of Appeals. Read on to learn about one member’s experience, and find out how the institute can help you prepare for your next case.
For more Appellate Practice Section news, subscribe to the content here!

Indiana Supreme Court Changes Burden of Proof on Child Support Tax Exemptions
By Richard A. Mann, Richard A. Mann PC
Prior to January 1, 2016, the Indiana Child Support Guidelines, case law and the Indiana Statute on granting of tax exemptions placed the burden of proof on different parties. Read this article to find out how that’s changed.
For more Family Law Section news, subscribe to this content here!

Provider-Based Services Face Significant Legislative Change
By David E. Jose and Ashley N. Osak, Plews Shadley Racher & Braun LLP
On November 2, 2015, Congress enacted legislation through the Bipartisan Budget Act of 2015 that will have a significant impact on reimbursement for outpatient services provided at hospital off-campus sites.
For more Health Care & Life Sciences Section news, subscribe to this content here!

Consolidated Appropriations Act Makes Many “Tax Extenders” Permanent
By Derek C. Hamilton, Elser Financial Planning Inc.
For years, Congress has been in the habit of extending a number of tax benefits for a year or few at a time, leaving tax professionals and their clients to wait and wonder “will they or won’t they?” continue a particular tax benefit.
For more Tax Section news, subscribe to this content here!

New Report on Number of Women in Corporate Boardrooms
By Lucy Dollens, Quarles & Brady LLP
A recently released news report offers statistics regarding the numbers of women rising to corporate board positions. This article addresses the increase in women on corporate boards since 1997.
For more Women and the Law Division news, subscribe to this content here!

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