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Bar Talk December: Legal News You Need to Know - IndyBar News

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Posted on: Dec 30, 2020

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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After the Election: Policy Priorities for Health Care Programs
Intro by Angela Rinehart, Katz Korin Cunningham
As we all know, health care topics were top of mind this election season.  As the Biden administration continues to plan for its transition, reducing drug costs, restructuring Medicare Part D, surprise billing, price transparency and COVID-19, of course, are key issues to watch.
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Construction Issues for the Development Lawyer
By Kyle McClammer, The Garrett Companies and Charlie Daugherty, Tate Bown Daugherty Funk Spandau LLC
Much like no two law firms are the same, no two real estate developers are the same. However, in both industries there are certain norms and expectations that have become standard, conventional practices. While accepted norms usually exist for good reason, there is always room for improvement. Especially in the current, ever-changing landscape, the development lawyer who takes a critical look at standard practices and finds new ways to help clients accomplish goals efficiently will play an invaluable role in the development’s success.
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Buyer Beware: Indiana Expands De Facto Merger Doctrine
By Jay Horrey, Frost Brown Todd LLC
The Indiana Court of Appeals recently expanded the de facto merger principles to impose successor liability on the purchaser of assets in New Nello Operating Co., LLC v. CompressAir . The de facto merger doctrine is an exception to the general rule that the purchaser of assets is not responsible for the seller’s liabilities absent fraud or an agreement to assume the liability. In New Nello, the Court concluded that the purchaser of assets in a strict foreclosure sale was responsible for certain liabilities of the seller, notwithstanding that there was no overlapping ownership between the companies.
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“Inspired By” Characters in Movies and TV – Defamation Lawsuit As a Spinoff
Intro by Jaclyn Flint, Riley Bennett Egloff
The past few years have seen several libel claims based on dramatic portrayals of real people. With this in mind, will movies and television shows be forced to include disclaimers regarding the fictional nature of such portrayals?
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ODR in the Era of COVID-19
Intro by Clarissa Finnell, Schiltz & Pogue LLP
The focus of the article is on ODR and virtual mediations in family law during COVID-19 and beyond. It looks at both the benefits and potential issues with the use of virtual mediation. Although this article specifically discusses family law, I believe the points addressed apply in civil mediations as well. 
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