IndyBar Member Headlines: Thursday, October 8

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

The following IndyBar members have been selected as finalists in the law category for the 2015 Indy’s Best and Brightest awards: Todd R. Bradford of Allison Transmission Inc., Adam C. Cobb of Ice Miller LLP, Marva Deskins Hamilton of Faegre Baker Daniels LLP, David Duncan of Bose McKinney & Evans LLP, Tavonna Harris Askew of Health & Hospital Corporation of Marion County, B. Ronan Johnson of Taft Stettinius & Hollister LLP, Sara Manske Powell of Faegre Baker Daniels LLP, Matthew D. Neumann of Plews Shadley Racher & Braun LLP, and TaKeena M. Thompson of Cohen & Malad LLP.

John R. Baxter has been elected to the Krieg DeVault LLP Executive Committee.

Cheryl Finchum and Laura Hagenow are now senior attorneys at Kopka Pinkus Dolin.

Maryn Wilcoxson has joined Hall Render Killian Heath & Lyman PC.

Courtney McCormick has joined Hall Render Killian Heath & Lyman PC.

Henry Mestetsky is now an associate at Bingham Greenebaum Doll LLP.

Ice Miller LLP announced the opening of a new office in New York, New York.

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Pandemic Preparedness CLE Stays Ahead of Flu Season

Last fall, the country dealt with the Ebola crisis, and flu season will be here before you know it. When IndyBar attorneys recognized the guidance organizations needed in order to deal with these outbreaks, they did something about it. Members of the Health Care & Life Sciences Section and the Labor & Employment Law Section planned an upcoming CLE addressing Pandemic Preparedness: Legal, Employment and Ethical Considerations on Tuesday, Oct. 13.

“Communities had to quickly prepare for potential public health emergencies,” said Anna Kirkman, Health Care & Life Sciences Section Chair, in regards to the Ebola crisis. “It prompted organizations to think about emergency preparedness in a way they hadn’t previously considered. It’s a dynamic and multi-faceted topic that’s worth revisiting, especially with flu season right around the corner. Staying current on these topics will allow organizations to be nimble and respond as needed.”

The seminar will feature five speakers who work for various health care and legal organizations, including the Indiana State Department of Health and the IU Center for Bioethics.

“The speakers represent diverse backgrounds and offer different perspectives on emergency preparedness,” Kirkman said. “Lawyers will speak on employment and other legal considerations that healthcare organizations need to b e mindful of, while others will speak on the difficult realities of public health emergencies and talk about sometimes controversial, real-time decisions that must be made.

Some of the speakers have firsthand experience dealing with pandemics abroad and at home.

“One speaker will draw on his experiences from time spent in Liberia, and another will talk about pandemic preparedness policy through the lens of medical ethics,” said Kirkman.

The speakers will discuss everything from the state’s role in an outbreak to ethical and legal challenges in making decisions during pandemics. The content is uncommon, so take advantage of this offering while you can. Take the first step in being prepared for pandemics by signing up for this CLE here today.

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Millennials Unite: Join Up and #SHOWUP for Yourself and Your Community

By Manny Herceg, Lewis & Kappes

herceg-manny-mugThe number of Millennials joining and participating in bar associations is declining. John Trimble, Terrance Tharpe and others have previously touted the benefits of joining and participating in bar associations, but this guest column (thanks to John for the invitation) is different. This column specifically goes out to my fellow Millennials. You, who have forged an independent streak. You, who have been the vanguard of major social change. You, the most racially diverse generation in America. You, the “best-educated cohort of young adults in American history.” You, who time and time again, fail to show up at bar association events. By sharing my experience, I hope that will change in some small way.

There are many reasons I joined the Indianapolis Bar Association and why I stay involved. But, I will share only three: 1) you meet people; 2) you contribute; and 3) you grow. Each of these is important for different reasons.

First, relationships are integral for personal and professional development. Millennials are a “get to the point” generation, so I won’t dawdle. IndyBar involvement will help you forge long-lasting relationships and earn a living. Millennials have record levels of student loans, while 20 years ago, only half of recent graduates had college debt, and the average amount was almost half of what we are burdened with. Anything that will help build a practice is important. Perhaps you’re thinking the dues don’t seem like a worthwhile investment. They are. Look around. It is not an accident that the leaders of our profession – judges, partners, elected officials and executives – have significant and persistent bar association involvement throughout their careers. They know everyone and everyone knows them. From that, opportunity follows. But, it doesn’t happen overnight – the effect is cumulative. Just like the importance of early investment for building wealth, early involvement in the IndyBar will help increase your personal and professional capital.

I am just an immigrant kid from Vermont who happened to meet a great Hoosier girl and decided to build a life here. I knew no one and my last name wasn’t recognizable. But, through my bar association involvement, I have had the opportunity to work on issues of vital importance to our community through the Pro Bono Standing Committee and the Bar Leader Series. Along the way, I have met terrific people throughout our city and lawyers I never would have met in practice. That also includes the fantastic staff at the IndyBar who pour their hearts and souls into their work. Also, I’m not the only one with that experience. Just ask Ronan Johnson, Kate Erdel, Jane Glynn, or TaKeena Thompson. They all have four things in common: 1) they’re outstanding attorneys and people; 2) they are dedicated and active members of the IndyBar; 3) they did not have deep-rooted Indianapolis ties prior to practicing here; and 4) they’re friends I met through IndyBar.

In that light, Indianapolis has minimal “barriers to entry.” That is especially true for our legal community. It matters little where you went to school (other than in sports discourse) or what your last name is. If you have drive and aptitude, you can contribute. And it will pay off. You may already know people in your practice area, but being more involved will help expand and enhance those connections. As Terrance said in his guest column earlier this month, “[I]t was bar association service that turned [John Trimble and Jimmie McMillian] from colleagues and acquaintances into my friends. I should have been engaged from day one… .”

Second, IndyBar has provided me with opportunities to help our city. I believe it is incumbent on lawyers to give back (remember your oath?). Only about a quarter of people aged over 25 in Marion County have a Bachelor’s degree or higher. More than 20 percent live below the poverty level. As John pointed out in his last column, referencing the work of Rev. John Girton Jr. of Christ Missionary Baptist Church and others, “people living in the most troubled neighborhoods are surrounded by guns, gangs, drugs, and empty houses.” According to Rev. Girton, they have become so hopeless that “’[t]hey don’t see a better tomorrow.’” So, there is no shortage of need in our community. The Pro Bono Standing Committee has programs to address some of those needs, including: Ask a Lawyer, Legal Line, Low Asset Wills, Homeless Project, Hospice Project, and more. Also, the Bar Leader Series has been a transformative experience for me and many of my colleagues — especially by providing opportunities to help the community.

Third, IndyBar involvement fosters personal and professional growth. The Bar Leader Series and the Pro Bono Standing Committee are concrete examples of that. But, there are also countless informative and worthwhile CLEs, luncheons, fundraisers and a documents bank. Beyond these formal offerings, the people you meet will constantly inspire and challenge you to be better. It is hard not to get excited about Indianapolis, the IndyBar, and life in general after talking with Chris Hickey. I dare you to try. And, if you’re not comfortable working a room full of people, there are other options. Have you heard of the IndyBar’s Indy Attorneys Network Section? You sign up and get paired with another attorney in the area every month. You then connect and meet up.

So, what am I saying? What’s the point of dedicating an entire guest column to this? Maximizing the benefits of IndyBar participation is good for you and your community. It’s also simple. All you have to do is show up. Show up and introduce yourself to the many fine lawyers and people that are at your table, bellied up next to you at the bar, or helping organize an event. They will talk to you and suggest ways to get involved. But, more importantly, they will become your friends and they will be there for you when you need them.

We need to be active in bar associations so that our experiences and expertise will be combined with those of our more seasoned colleagues as we guide our profession forward. This profession belongs to us for the next several decades. Let’s not be remembered as the lawyers of the generation that helped get “selfie” recognized as Oxford Dictionaries’ 2013 word of the year. Let’s do and be more.


Manny Herceg is an Associate with Lewis & Kappes practicing litigation, municipal services and education law. The views expressed are his own.

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Scholarship Available for Law Students Pursuing Government Practice

The Government Practice Section will once again award a scholarship in the amount of $1,000 to a second- or third-year law student who has an interest in pursuing a career in government practice. Applications must be submitted electronically not later than 5 p.m. on October 23, 2015, and the section‘s Scholarship Committee will notify applicants of the section’s decision no later than November 2, 2015. Please note: Applicants must be permanent residents of Indiana.

For further information, please access the application form and instructions here.

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On Tap at the IndyBar: October 5 – 11

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

Taste the Hoosier Difference at Hotel Tango
Tuesday, October 6 from 5 to 7 p.m.
Hotel Tango, 702 Virginia Ave.
Information and registration can be found here.

#TEDTalksTurnTen: “Memory”
Thursday, October 8 from noon to 1 p.m.
The Platform at City Market
Information can be found here.

How to Effectively Network, Part 2: Stop Wasting Time Networking
Thursday, October 8 from 5:30 to 7 p.m.
IndyBar Education Center
Information and registration can be found here.

IBF Evening Under the Stars Dinner/Auction
Friday, October 9 from 7 to 11:30 p.m.
The Crane Bay, 551 W. Merrill St.
Information and tickets 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

  • Bidding Opens for Evening Under the Stars - Get your tickets and start bidding now for the elegant dinner and auction to benefit the Indianapolis Bar Foundation. This year’s Evening Under the Stars will be held Friday, October 9. Every dollar you spend makes a difference for a neighbor in need, so get started today! Click here for registration.
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miniBar Talk: This Week’s Top Post

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CAFC Upholds the Doctrine of Laches in Patent Cases

By Marcelo Copat, Faegre Baker Daniels LLP

Last year, the U.S. Supreme Court decided Petrella v. Metro-Goldwyn-Mayer (the “Raging Bull” decision) and found that the doctrine of laches is unavailable in copyright lawsuits, allowing the plaintiff to proceed with her claim for conduct falling within the Copyright Act’s three-year statute of limitations, at 17 U.S.C. §507(b), even though the plaintiff renewed the copyright at issue 18 years earlier. Many questioned whether the Raging Bull decision abrogates the doctrine of latches in patent cases.

On June 19, 2015, the U.S. Court of Appeals for the Federal Circuit (the “Federal Circuit”) heard oral arguments in SCA Hygiene Products v. First Quality Baby Products, a dispute over whether the Raging Bull decision applies in patent cases. The latches defense in SCA Hygiene Products arose from conduct that occurred between 2003 and 2010. SCA sent a letter to First Quality alleging infringement of U.S. Pat. No. 6,375,646 on October 31, 2003. First Quality responded in writing stating that the patent was invalid. SCA then requested reexamination of the ‘646 patent. The patentability of all the claims was confirmed by the USPTO on March 27, 2007. SCA filed an infringement complaint on August 2, 2010, seven years after sending the letter, without communicating with First Quality during that time.

A panel of the Federal Circuit on September 17, 2014, affirmed a lower court’s decision that the doctrine of latches barred recovery, in spite of the Raging Bull decision. The panel reasoned that First Quality was prejudiced by SCA’s more than three year delay since the conclusion of reexamination because it made significant capital investments in that time. Relying heavily on its 1992 decision in A.C. Aukerman Co. v. R.L.Chaides Constr. Co., 960 F.2d 1020, a split en banc Federal Circuit affirmed the panel’s decision, on September 18, 2015, holding that the doctrine of laches is available to bar the recovery of pre-suit damages and reasoning that the latches defense is codified in 35 U.S.C. 282. The Federal Circuit also reaffirmed that, absent extraordinary circumstances, laches does not preclude an ongoing royalty.

This post was written by Marcelo Copat of Faegre Baker Daniels LLP. If you would like to submit content or write an article for the Intellectual Property Section, please email Rachel Beachy at

To subscribe to more intellectual property 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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On Tap at the IndyBar: September 28 – October 4

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

When Do Police or Government Actors Go Too Far?: Potential Criminal Liability for Use of Force and Other Official Misconduct
Thursday, October 1 from noon to 1 p.m.
IndyBar Education Center
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

  • Tickets Now Available for Evening Under the Stars - Get your tickets now for the elegant dinner and auction to benefit the Indianapolis Bar Foundation. Your dollar goes directly toward helping a neighbor in need. This year’s Evening Under the Stars will be held Friday, October 9. Click here to buy your ticket and be the change.
  • Final Appointments Made for 2016 Board of Directors - The slate for the 2016 Indianapolis Bar Association Board of Directors is now complete with the appointment of four Vice Presidents and the Counsel to the Board by President-Elect Judge Robyn Moberly of the United States Bankruptcy Court for the Southern District of Indiana. Get more information here.
  • Bar Talk September: Legal News You Need to Know – Bar Talk brings you the latest legal scoop to keep you in the loop. Here are the top five stories from the IndyBar this month.
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IndyBar Member Headlines: Thursday, September 24

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

Scott Chinn, partner at Faegre Baker Daniels LLP, was elected to the National Conference of Bar Presidents Executive Council and will serve a three-year term.

Melissa J. Avery of Broyles Kight & Ricafort PC has been elected secretary of the American Bar Association Family Law Section.

Frederick D. Emhardt of Plews Shadley Racher & Braun LLP has become a registered civil mediator in Indiana.

William Riley, Joseph Williams and James Piatt are partners in the newly opened firm Riley Williams & Piatt LLC, formerly known as Price Waicukauski & Riley.

Eric Thieme has rejoined Faegre Baker Daniels LLP where he is leading the firm’s health information technology practice.

Mark Wohlford has joined Bose McKinney & Evans LLP as an associate in the firm’s Labor and Employment Group.

Pittman PC recently acquired Small Business Accounting Services Inc. IndyBar member Paul Pittman is Principal of Pittman PC.

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Civility. Courtesy. Respect. Professionalism.

Getting Along Logo v1These are words that should be synonymous with “Advocate” but in a world of high stakes, strong opinions, and a general, societal decline in basic manners, how can attorneys fight the good fight while living up to these ideals – especially if the other side doesn’t? We set out to find examples of lawyers who model the way while providing excellent representation.

Getting Along is Not Wrong, an initiative of the IndyBar Standing Committee on Professionalism, is the impressive collection of such positive and compelling behavior.

Justice Steven David, Indiana Supreme Court

Humility and Professionalism. They go hand in hand. I learned the value of both in two lessons many years ago. I was finishing my first year of law school. My mother took me to JC Penney, and I picked out a bright yellow suit to interview for summer clerk positions. I had an interview in my hometown of Columbus, Indiana, with the law firm of Richard S. Eynon.

I arrived 15 minutes early, of course, with the nicest clip-on tie I could find neatly pinned to my shirt and in that bright yellow suit. To my dismay, I had to wait five whole minutes before my interview. And to top it off, I didn’t interview with Mr. Eynon but with his paralegals! And then I had to wait and wait. There was no one else in the office that I could see, and I became a little frustrated. Did I mention I was about to complete my first year of law school?

A few minutes later, I was taken to Mr. Eynon’s office. We spoke for just a minute or two and then he offered me the job. And then the life lessons came. He said, “You understand, don’t you, that had my staff not given you the nod I never would have even interviewed you. I don’t have to hire you, but I can’t afford to lose any one of them because they can’t get along with you or because you poison my entire office.” Lesson One.

He went on, “Now if I get any complaints from anyone at the Courthouse, whether in the Clerk’s office or from the Judge’s staff or need I say any Judge, I will fire you. Do you understand? And my clients are my livelihood. You must treat every one of them with respect. They don’t care if you are in law school or even if you are a lawyer. They want to be treated with respect and they want you to care about them. Do you understand?” I swallowed my pride…hard. Lesson Two.

I learned more that first summer than I can even recall. Rich Eynon has been a friend and mentor for over 35 years, and he still mentors me today. A former President of the Indiana State Bar Association and a highly respected and acclaimed trial lawyer, he taught me humility and professionalism. He also taught me the importance of being genuine. These are all qualities I try to demonstrate every day and pass along to the next generation of attorneys, like Rich Eynon would.

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Hopelessness in Indianapolis: Can We Do Anything About It?

IBA-trimble-john-2015Rev. John Girton Jr. of the Christ Missionary Baptist Church recently erected a camping tent on the corner of 30th and Martin Luther King, Jr. streets. He observed that there have been 85 criminal homicides so far this year, and he plans to live in the tent for 30 days to draw attention to the problem. He hopes that citizens and city officials will come talk to him about what can be done to improve life in our inner city.

According to Girton and other pastors, people living in the most troubled neighborhoods are surrounded by guns, gangs, drugs, and empty houses. They have become so hopeless that Girton says, “They don’t see a better tomorrow.” He and others argue that when people become hopeless, they lose the will to resist evil. Lawlessness and violent death follow shortly thereafter.

Hopelessness in Indianapolis? Please, take a moment and consider the meaning of hopelessness. Can any of us even imagine what it would be like to be hopeless? Indeed, being hopeful is simply a standard state of mind for most of us.

Author Bebe Moore Campbell described the word “blues” in her gripping novel, “Your Blues Ain’t Like Mine,” as a state of hopelessness that is so profound that a person ceases to even hope that their condition will ever improve. We have people in our beautiful, thriving city who have the blues…they have ceased to hope.

I am not a naive do-gooder, so please don’t stop reading. We all understand that the solutions to the problems of decaying neighborhoods, violent crime and hopelessness are very complex. No one of us has a simple solution, because simple solutions don’t exist. However, there are things that we lawyers as professional problem solvers can do.

As a starting point, we can all support the groups that provide free legal services to the poor. These groups provide hope by helping poor families find housing or collect child support. They help the elderly poor keep their homes. They hold inner city slum lords accountable and more.

We can do more than just pay lip service to the call for lawyers to engage in pro bono work. We can do pro bono work and we can encourage our friends and our colleagues to do it. At a minimum, you can help us with the IndyBar’s Ask a Lawyer program or contribute to the Indianapolis Bar Foundation, which funds our pro bono initiatives.

We can offer our support to agencies that work in the inner city to improve conditions and reduce homelessness. The list of such agencies is longer than I can cite in this article. However, the IndyBar and the Indianapolis Bar Foundation constantly raise money and awareness for the groups that are tackling inner city problems. If you want to know more, call me.

We can support and assist our public schools. Every school in the city wants and needs volunteers to help with reading, tutoring, and career counseling.

We can support initiatives for better public transportation so that chronically poor people can get to jobs or so that they can get to a grocery store with decent, reasonably priced food.

My last suggestion is simple. You can continue to ignore the hopelessness that screams from the front page of the paper every day, or you can pay attention and look for some small way to make a difference. You can also stop by and see Rev. Girton and ask him what you can do.

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