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IndyBar Blog All Posts     

Page 1 of 52 • Next 256 Posts found

Bar Talk May: Legal News You Need to Know
Posted on: May 26, 2017


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.

The Indy 500: Perspectives from a Non-Traditional Paralegal
By Eunice Spells, Andretti Autosport
There are a LOT of roles a paralegal can play other than in a traditional law firm setting. For Eunice Spells, her days are not always filled with litigants, courtrooms or deposition transcripts…especially not in the month of May!
For more Paralegal news, subscribe to the content here!

Plea for Patience: Paternity Court Understaffed
By D. Elizabeth Cox, Cox & Koons LLP
As the summer days get longer, in one court in particular the staff is getting a little shorter. Marion Circuit Court, Paternity Division, is short a few familiar faces and it's all hands on deck for the remaining staff.
For more Solo/Small Firm news, subscribe to this content here!

New Resources for Better Electronic Briefs
By Stephen R. Creason, Office of the Attorney General
Following a two-year research initiative, the American Bar Association’s Council of Appellate Lawyers has released a comprehensive report on best practices for electronic briefs.
For more Appellate Practice news, subscribe to this content here!

Recommended E-Discovery Resources
By Helen Geib, QDiscovery
New lawyers and senior lawyers new to e-discovery alike can find e-Discovery difficult, even overwhelming because of its technological focus and rapid pace of change. Fortunately there are many good, low-to-no cost resources available for navigating the legal and technical landscape of this challenging practice area.
For more E-Discovery, Information Governance & Cybersecurity news, subscribe to this content here!

Carmel-Based Company Prompts U.S. Supreme Court to Tighten Patent Venue Law
By Laura Gorman, Barnes & Thornburg LLP
On May 22, the U.S. Supreme Court held that the U.S. Court of Appeals for the Federal Circuit, which handles all patent appeals, has been using the wrong standard to decide where a patent lawsuit can be brought.
For more Litigation news, subscribe to this content here!

Bench Bar Wednesday Giveaway, May 24: Free valet at the hotel
Posted on: May 24, 2017

IT'S GIVEAWAY TIME!
From now until the start of the Bench Bar Conference on June 15, we'll be raffling some awesome things to get you excited for the conference. Keep an eye on our social media in the coming weeks to play along in our raffle game, and you could walk away with some sweet stuff!

This week's giveaway: free valet at the hotel
Included: This week's giveaway features FREE valet parking at the Hyatt Regency Louisville hotel from Thursday, June 15 through Saturday, June 17. Less time searing fo parking means more time meeting new people and enjoying Bench Bar activities! No parking, no worries!

How do I win? If you  had a horse in the Kentucky Derby, what would you name it? (Appropriate responses only, please!) Either comment on the post on Facebook, or use the hashtag #indybenchbar on Twitter or Instagram to enter!

Winner will be selected and announced at noon on Friday, May 26.

For more info on the Bench Bar Conference and to register, visit indybenchbar.org. Today is the last day for the hotel block!

On Tap at the IndyBar: May 22 - May 26
Posted on: May 22, 2017

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

Arbitration Clauses: What You Need to Know
Mon., May 22 from 12:30 to 1:30 p.m.
Information and registration can be found here.

Ethics While You Exercise: Lawyer Happiness & Its Impact on Our Profession
Tues., May 23 from 4 to 6 p.m.
Information and registration can be found here.

Chapter 12 Bankruptcy: Recent Issues and Developments
Thurs., May 25 from 3:30 to 5 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

  • IndyBar Office Closed Monday for Memorial Day - In observance of the Memorial Day Holiday, the IndyBar office will be closed on Monday, May 20 and will open for regular hours Tuesday, May 30.
  • A Roadmap to Professionalism: Just Follow the Five C's! - The Indianapolis Bar Association Standing Committee on Professionalism strives to improve public confidence and trust in lawyers. For 2017, the Professionalism Committee has adopted as its organizing principles the Five C’s. Read more here.
  • Bench Bar Hotel Block Closing This Week - It's your last chance: the hotel block for the Bench Bar Conference closes this Wednesday, May 24. Secure your spot now by registering here!
miniBar Talk: This Week's Top Post
Posted on: May 19, 2017


Tips from Brownfields: Streamlining Your Next Comfort and Site Status Letter Applications

By Nicholas Gahl, Gahl Legal Group

Irrespective of the real estate season, the Indiana Brownfields Program is inundated with Comfort Letter applications – many of which are incomplete. In addition to the various legal requirements set forth by statute, regulation, and non-rule guidance, counsel must be aware of the strict timing elements. Navigating this area for the first time – or even the tenth time – can present challenges, especially in the middle of a transaction with multiple parties, interests, and deadlines.

To better guide applicants, Brownfields has recently issued new forms for Comfort Letter and Site Status Letter applications. Practitioners should consult the updated submittal checklist, as well as the supplemental information request form (both available under “Online Services” here.) To further help, the friendly Brownfields’ staff provides the following tips for streamlining your next application:

  1. The Name Matters: The entity acquiring title to the property (the applicant) must be the same entity for whom the Phase I was completed, or a reliance letter is needed for the applicant before the transaction closes.
  2. User Questionnaire: The applicant should answer the User Questionnaire (not the current land owner), and the person answering on behalf of the applicant should be an authorized representative of the applicant (e.g. president, managing member).
  3. Technical Opinion: Brownfields will not provide an opinion on the “reasonable steps” if there are uninvestigated Recognized Environmental Conditions (RECs) outlined in the Phase I; rather, Brownfields will recommend a Phase II ESA.
  4. Timing of the Phase I: It is widely known that certain aspects of a Phase I only have a 180-day shelf life for viability in an acquisition, but less known is that the shot clock starts when the Phase I task is performed. Ensure that the Phase I identifies when the various threshold steps of a Phase I (e.g., site reconnaissance, interviews) were conducted. Brownfields will not start technical review until these legal elements are verified.
  5. Yes, All is Needed: Applicants often do not include the necessary information/documentation requested on the first page of the CL/SSL Supplemental Form like a site map depicting the parcel(s) and parcel numbers(s), a description of the proposed redevelopment (if known) with a site redevelopment/design plan, copies of deeds and/or legal descriptions. Also, be sure to submit one paper and one electronic copy of the application. The paper copy is for document review and the electronic copy is for the Virtual File Cabinet.


Once your application is received by the Brownfields Program, you will receive an Acknowledgement Letter that will remind you of some of these important aspects of the application. Keep in mind, a Comfort Letter and Site Status Letter application will not be reviewed for legal and technical compliance until all required information has been submitted. The current review period is 120 days, so do not delay the start by overlooking these key areas.

A special note of appreciation to the Indiana Brownfields Program staff for its contribution to this article!

To subscribe to more Environmental Law news like the article above, click here to update your news subscriptions.

Bench Bar Wednesday Giveaway, May 17: Personal training pack
Posted on: May 17, 2017

IT'S GIVEAWAY TIME!
From now until the start of the Bench Bar Conference on June 15, we'll be raffling some awesome things to get you excited for the conference. Keep an eye on our social media in the coming weeks to play along in our raffle game, and you could walk away with some sweet stuff!

This week's giveaway: a personal training pack
Included: Thanks to Fitness by Design, your personal training pack includes a free t-shirt and $160 worth of personal training services! Bench Bar is all about wellness this year, so the winner of this raffle will get the chance to go to Fitness by Desing for a consulation and 3 (30 minute) training sessions with a personal trainer.

How do I win? Tell your favorite wellness tip! Your tip can cover either physical, mental or emotional wellness. Either comment on the post on Facebook, or use the hashtag #indybenchbar on Twitter or Instagram to enter!

Winner will be selected and announced at noon on Friday, May 19.

For more info on the Bench Bar Conference and to register, visit indybenchbar.org.

*Please note: this package is limited to new Fitness by Design clients only*

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