Indianapolis Litigation

Your friendly neighborhood litigation attorney at Alerding Castor Hewitt, LLP with a final post for the year to all of our business, Indiana internet litigation, and technology law clients.  Saturday, December 25^th will no doubt be a date of celebration in many homes.  As you spend time with your family, remember how special the day is and all of the changes that have taken place in the last 20 years.

Some of you might wonder what I mean exactly.  I’m not referring to Christmas.  And for those...

Here at Alerding Castor Hewitt, LLP, one thing that we are called upon to do as business law, SaaS law, and technology counsel for our clients is collect on a judgment.  I have previously posted on other topics in the collections world, which you can find here and here.  Today’s topic is in answer to the question we sometimes get:  how long is my judgment good for?

A decision today by the Indiana Court of Appeals in the estate case of In the Matter of the Unsupervised Estate of Dwight M. Wilson...

Your friendly Indianapolis attorney at Alerding Castor Hewitt, LLP here with an overdue update with some possible interest for our business law clients.  Back at the end of September, the Indiana Supreme Court decided Bingley v. Bingley, a marriage dissolution case, and concluded that the employer-provided health insurance benefits of a retiree constituted an asset once they had vested and should be included in the marital estate for the distribution of property.  You can read the full opinion he...

Your friendly Indianapolis attorney at Alerding Castor Hewitt, LLP here with some exciting news about a SaaS law client and a business law client:  ExactTarget and O’Reilly’s Irish Bar and Restaurant.  Once its build-out is complete, ExactTarget will be moving some of its people into a new space across the street from us in the Century Building.  This is a company that continues to grow, and we are excited to witness it happen and wish ExactTarget continued success.

To help celebrate and...

In the spirit of entertaining legal stories like the one below that Chris recently shared with our Alerding Castor Hewitt, LLP audience, I thought I would share a story I ran across yesterday about a trademark dispute.  Also, because Chris is a connoisseur of fine comfort food, I’m sure that he will enjoy it. 

A restaurant in Bellevue, Washington, John Howie Steak, has come up with a caloric-intensive burger that starts with grilling a 12-ounce ground chuck patty and then tops it with Kurobuta...

Your friendly Indianapolis attorney at Alerding Castor Hewitt, LLP here, this time with a probate law update. The Court of Appeals of Indiana decided an issue of first impression yesterday in an Indiana probate litigation matter.  The case was Avery v. Avery, --- N.E.2d ---, cause no. 49A05-1004-PL-320 (Ind. Ct. App. Sept. 7, 2010).  In short, the Court concluded that an answer is required in a will contest.  A copy of that published opinion may be found here.

The facts relevant to the issue on...

Your friendly Indianapolis litigation associate at Alerding Castor Hewitt LLP here with another blog post.  About a month ago, in an aspirational piece, I piggybacked off of a post by Michael P. Alerding at Alerding & Co. on the importance of words and how they should mean something.  You can read my prior post here and the one by ACH’s Dave Castor re-posting Mr. Alderding’s original post here. 

Today’s post is to tell you about a recent victory that one of our SaaS law clients achieved in a...

Your friendly Indianapolis attorney at Alerding Castor Hewitt LLP here with a history lesson and tie in to business law.  Most of you have probably heard the term “gerrymander” and know that it refers to a process of dividing a territory into districts in order to give one political party an advantage over another by concentrating the voting strength of that party in as many districts as possible.  Fewer of you probably know the origin of the term, and I imagine that  even fewer know much about...

I recently caught a glimpse of the logo for one of our SaaS Law clients, ExactTarget, while flipping through the television channels.  It was an episode of TLC’s “American Chopper” that first aired last Thursday for a bike built for Window World.  The bike was unveiled during the ceremonies surrounding the Indianapolis 500.  ExactTarget’s logo appeared briefly on the side of the pavilion and again on one of the race cars.

As cheesy as it might sound, I was excited to see one of our client’s...

It’s not often that we at Alerding Castor Hewitt, LLP run into issues regarding the payment of commissions for our business law, SaaS law, and Indiana technology clients.  When the subject does arise, however, it usually occurs when an employee separates from employment and makes a wage claim for unpaid commissions.  The debate about whether the commissions are wages centers on whether the employee was entitled to the commission at the time of sale OR when the client pays for the product,...

Your friendly Indianapolis attorney and Partner In Success at Alerding Castor Hewitt, LLP here with another post, this time for both business entities and lawyers who find themselves in the trenches of business law, SaaS law, internet laws, and privacy litigation and probate litigation.  Partner and fellow blogger Dave Castor sort of beat me to the bunch by pointing out a great blog post by Michael P. Alerding (ACH’s Mike Alerding’s father) at Alerding & Co., LLC, which Dave re-posted below.  I...

Your friendly Indianapolis attorney at Alerding Castor Hewitt LLP here with an issue for those of you who, from time to time, might find yourselves embroiled in collections litigation over business law, SaaS law, or technology law matters.  How often have you seen a debtor issue a check for payment and include on the memo line words to the effect of “as full satisfaction of claim,” “final payment in full of debt,” or some similar words despite the fact that the debtor owes you more than the...

        War at its best is barbarism.

Every attempt to make war easy and safe will result in humiliation and disaster.

                                    --William Tecumseh Sherman

Though he said these words nearly a century and a half ago, General Sherman’s comments apply equally well to litigation, including the world of business law, technology law, SaaS law, and probate law.  Litigation is a serious business, not something to be undertaken lightly.  And it is often expensive – regardless of...

Your friendly Indianapolis attorney at Alerding Castor Hewitt LLP here with a quick follow up on my first blog regarding collections for our business law, technology law, and SaaS law clients.  A link to that post is listed below for those interested.

One of our Saas law clients recently obtained a favorable resolution in one of their cases to collect on a contract from an out-of-state debtor. We had obtained a default judgment for the client and were pressing forward with the proceeding...

Your Indianapolis Attorney at Alerding Castor Hewitt here with another litigation post for the business and technology world, this time regarding preliminary injunctions.  What is a preliminary injunction?  In simple terms, it is an equitable remedy that you can seek asking a court to order someone else to stop doing something or cease threatening to do something that is causing or is likely to cause you irreparable harm.  It is another weapon in the litigation arsenal, one to restore the status...

I am an Indianapolis Attorney here at Alerding Castor Hewitt LLP.  This is my first blog post – so bear with me.  As a brief introduction, my role at ACH is working on our litigation team, both at trial and on appeal if necessary, on issues related to business law, probate litigation, SaaS litigation, and other technology litigation – just to name a few of the areas.

One area often overlooked in the litigation process is the area of collections. Some lawyers might look upon the collection process...