Articles

Bose McKinney & Evans attorneys are active in their fields. As they work hard to understand the current business issues and trends, as well as current laws, our attorneys want to help educate our clients and friends about the changing currents of our times.

Below is a collection of articles by Bose McKinney & Evans attorneys, categorized by subject matter.  All the articles utilize the Adobe Acrobat Reader, which is a free download.  Click on the Adobe icon at the bottom of the page to be transferred to the Adobe site.

Books

Appellate Procedure, 3d (Vol. 24, Indiana Practice Series) by George Patton; Published by West (a division of the Thomson Corporation) 

The Model Employee Policies For Indiana Employers (with disk) 2003 Edition by David Swider

The HIPAA Online Guide by Jim Hamilton and Mary Beth Plummer 

Bankruptcy

• In Defense of Fairness to Creditors: Proposed New Carve-outs for IRAs, ED IRAs Are Excessive

Business

• It’s No Fable: ESOPs Can Protect Indiana Jobs
• Arm Loss a Prelude to a New Life: Aron Ralston Runs a Business When He Isn't Hiking, Biking or Skiing
• Selling Across State Lines: Offering your product online may expose your company to lawsuits in distant states.
• Protective Measures: Don't Let Your Brand Become Part of a Scam
• Sarbanes-Oxley: Higher Stakes Regarding Environmental Disclosure
• Invention and Nondisclosure Agreements: Protecting Business Information and Workplace Innovation
• Contracts 101: Six things you should know before signing on the dotted line
• HIPAA Compliance Deadline is April 14
• 10 Easy Things That Businesses Can Do (with their Legal Advisers) to Help Stay Out of Trouble
• Getting the Facts: How Mold Affects Business
• Corporate Responsibility and the Sarbanes-Oxley Act
• The ESOP Solution
• Layoffs May Not Pay Off in Company's Long Run
• Debate Heats Up as Ban is Lifted
• Frequently Asked Questions Regarding Securities Law and Initial Public Offerings

Education

• Dealing With Disruptive Visitors To Your School
• Overtime Issues for Indiana Schools
• Use of School District Sales/Use Tax Exemption by School Employees
• A Practical Guide to Implementation of the Family & Medical Leave Act for a "Serious Health Condition"

Employee Benefits

• The ESOP Solution
• HIPAA Privacy Part II Looms for Indiana Employers
• Health Reimbursement Arrangements May Reduce Costs
• Companies Should Prepare of HIPAA Privacy Deadline
• Plastic Handcuffs: Employer-Provided Educational Benefits
• The Perils of Repricing Underwater Options
• Paying LLC Service Providers

Employment Law

• Time Out: Deciphering the Department of Labor’s new regulations for white collar exemptions 
• Mentally-Ill Employees Who Threaten Co-Workers Are Not Protected By the ADA
• Prudent Employers Guard against Potential Liability Arising From Employee Cell-Phone Use While Driving
• Seventh Circuit Upholds Non-Unionized Employees' Right to Walkout in Protest Against Supervisor
• Corporate Responsibility and the Sarbanes-Oxley Act
• How to Handle Uncashed Paychecks Under Indiana Law 
• Recent Case Reiterates Importance of Precise Calculation of FMLA Leave Period
• Employers May Lawfully Terminate Employees on FMLA Leave For 
  Failing to Comply With Routine Call-in Procedures
• Uncharacteristic Behavior By Employee Could Constitute Or Excuse Notice of Need for FMLA Leave
• Indiana Court of Appeals Denies Employee’s Defamation Claim Against Former Employer Who Provided a Negative Employment Reference
• Seventh Circuit Rejects Argument that Being Perceived As Gay Amounts to Actionable Sexual Stereotyping
• Equal Employment Opportunity Commission Proposes Modification to the EEO-1 Report
• Proposed Regulatory Changes to the Family and Medical Leave Act are on the Horizon
• Federal Appeals Court Upholds Bush Executive Order Requiring Contractors to Post Beck Notices
• Employers have Duty to Those on Military Leave

Estate Planning

• IRS Changes May Kill Split-Dollar Life Insurance
• Estate Planning Summary
• Confidential Estate Planning Data Sheet  
• Family Business Strategies as the Owner Faces Retirement

Financial Institutions

• Why Financial Institutions Should Consider Business Method Patents
• A Banker’s Overview of the USA Patriot Act 
• More on Corporate Governance – Does Sarbanes-Oxley Apply to Nonpublic Banks?

Financial Planning

• Referral Fees for Securities Activities of Bank Employees: Proposed Changes
• A Better Financing Tool
• Sell Your House and Avoid the Tax
• Protecting Your Retirement When Disaster Strikes
• Notice 2001-55 and the Rapid Growth of 529 Plans
• Special Considerations for Excluding Gain from Home Sales
• Charitable Giving at a Cost
• New 529 Plans Best Way to Save for Education

Health Care

• HIPAA Compliance Deadline is April 14
• HIPAA Privacy Part II Looms for Indiana Employers
• Firms Should Prepare for Elder-Care Issues
• Health Insurer Sharing of Loss History Information with Employers

Litigation

• Emotionally Distressed in Indiana: Separate Tests for Primary Victims and Bystanders

Municipal

• Technology & the Law in the Indiana Municipal Workplace
• Internal Investigations in the Indiana Municipal Workplace 

Tax

• Extra Credit: It's time to focus on new business tax credits.
• Major Legislative Tax Developments in 2003
• Short Sellers Face Unfavorable Tax Situation
• Need to Know: Property Tax Reassessment
• Evaluating the Home Office Deduction
• Pending Guidance on Capitalization of Intangibles
• Small Business Tax Relief: Legislation Would Provide Benefits for S Corporations

Technology

• Protective Measures: Don't Let Your Brand Become Part of a Scam
• Invention and Nondisclosure Agreements: Protecting Business Information and Workplace Innovation
• Global Woes? Buying foreign goods could be buying a patent infringement suit
• If You Do the Crime, Your Website’s Mine
• Patent Due Diligence In Product Design Can Lower Odds Of Patent Infringement Litigation