There is a new Seventh Circuit Court of Appeals opinion that is likely to have a significant impact on SaaS providers. In Digitech Computers, Inc. v. Trans-Care, Inc. (link here), the 7th Circuit focuses on a SaaS agreement for Digitech to provide certain management software licensing components for Trans-Care (an ambulance and medical transportation service). The Court ultimately upheld a breach of contract claim in favor of Digitech, significantly reduced Digitech’s damages award, and...
Read More »The Alerding Castor Hewitt faithful braved the chill and the rain
of Saturday, April 16th to participate in the 2011 Susan G. Komen
Race for the Cure. We're proud to announce that the team
surpassed its goal of raising $1000 to assist the Komen
Foundation's mission to end breast cancer forever and had a
fantastic time walking in downtown Indianapolis.
We'd like to send a big 'Thanks!' to those who donated to the team's efforts and share a special 'Way to go!' with the team members, along with...Read More »
We'd like to send a big 'Thanks!' to those who donated to the team's efforts and share a special 'Way to go!' with the team members, along with...Read More »
The end is finally nigh for the ongoing litigation roller coaster
that is the Facebook/Mark Zuckerberg v. Cameron and Tyler
Winklevoss saga. This has always been an interesting piece of
software litigation based upon (a) the personalities involved and
(b) the scale. It is safe to say that when you are one of the
fastest growing companies in the country, you are going to face
litigation. In fact, that's why you call me. And it is
equally logical that when you are creating a website or working...Read More »
I know there will be an "official" congratulatory press release in
the near future, but I thought I'd take a moment to congratulate
the Alerding Castor Hewitt partners on being included in the 2011
Indiana Super Lawyers.
Brian Hewitt received the nod as one of the Top 50 Super Lawyers in the state. This is, of course, a recurring honor for Brian, who has been a Super Lawyer for the past several years. Brian's practice focus is on business and probate litigation and mediation.
The voters...Read More »
Brian Hewitt received the nod as one of the Top 50 Super Lawyers in the state. This is, of course, a recurring honor for Brian, who has been a Super Lawyer for the past several years. Brian's practice focus is on business and probate litigation and mediation.
The voters...Read More »
The first caveat is that I'm sorry I haven't posted anything
recently. Work here at Alerding Castor Hewitt has been going
like gangbusters and yours truly has been up to his distinguished
eyeballs in work. Trust me, however, I'm now dutifully
committing myself to continue providing insight and humor as your
Indiana Internet Litigation guru.
Second caveat is that this post actually has nothing to do with privacy litigation, software litigation or really any other technology law issues. ...Read More »
Second caveat is that this post actually has nothing to do with privacy litigation, software litigation or really any other technology law issues. ...Read More »
Indianapolis, IN – Mike Alerding, founding partner of Alerding Castor Hewitt LLP, is slated to teach Business Law at Harrison College this spring. The course combines the understanding of legal theory with the acquaintance of the various forms of contracts. Students will be taught the essentials of the legal environment of business, tort law, contracts, commercial transactions, government relations and property.
“I am teaching because I enjoy the process of observing the improvement and...
Read More »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 25th 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...
Read More »I hope that you all had a thankful and fulfilling turkey day.
Your friendly neighborhood technology legal counsel stuffed
himself horrendously. But, I digress. I know that I owe
you all part 2 of my discussion of the legal landscape of corporate
blogging, and I promise that I will get that posted in the near
future, but two recent opinions in some non-Indiana Internet
litigation piqued my interest and I had to talk about them.
Both rulings involve application of the liability...Read More »
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...
Read More »I can read your mind. You are thinking, "oh, great and
insightful technology legal counsel, what do you mean by a 'legal
landscape' and what does that have to do with blogging?" My
initial response is that, (a) you've asked two questions and (b) if
you plan to use blogging as a component of your business model, you
need to know what potential pitfalls exist. That is the legal
landscape of blogging. It is made up of the hills and valleys
that must be overcome or avoided to reach blogging...Read More »
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...
Read More »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...
Read More »Ok, I'll admit it. I was in a rut. Although I found
numerous interesting tidbits through-out cyberspace, I could not
find anything that piqued my interest enough to put aside the
billable hours of a technology legal counsel for a few moments to
blog about it. But, lo and behold, a college student with a
sense of panache, an aspiration for humor, decent journaling
skills, and access to PowerPoint and the Internet has become my
muse.
For those of you that don't know, 2010 Duke graduate...Read More »
For those of you that don't know, 2010 Duke graduate...Read More »
Your
friendly Indianapolis attorney at Alerding Castor Hewitt, LLP with
a brief overview (not an in-depth analysis of all of the legal
issues) of some recent Seventh Circuit decisions involving internet
litigation, trademark disputes, and anti-cybersquatting that could
affect technology, software, and business clients maintaining
websites and engaging in cyber-marketing.
Last Friday, October 1, 2010, the Seventh Circuit upheld the dismissal of a suit for lack of personal jurisdiction...
Read More »Last Friday, October 1, 2010, the Seventh Circuit upheld the dismissal of a suit for lack of personal jurisdiction...
Here is one of those convergence points where business law and
privacy law intersect and effectuate additional administrative
duties on the business holder. In a rather interesting
bulletin, the Connecticut Department of Insurance issued a
directive on August 18, 2010, requiring "that all licensees and
registrants of the Department notify the Department of any
information security incident which affects any Connecticut
residents as soon as the incident is identified, but no later than
five (5)...Read More »
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...
Read More »I don't often blanket repost other blogs that I see, however, in
this instance, I think it is appropriate. Venkat, writing for
Professor Goldman's blog, writes an excellent analysis of the
recent ruling in the In re: Easysaver Rewards Litigation(S.D. Cal. August 13, 2010). This is a very interesting case
in that it covers several different, more traditional causes of
action and analysis. I'm interested to see what ramification
this case is going to have on SaaS law and privacy
litigation....Read More »
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...
Read More »The ACH litigation team had its first ever (as far as I'm aware)
litigation retreat this weekend, and as I reminisce on our time, I
am struck by the realization that to be a successful business, you
have to allow your team to envision and strive for excellence with
you. This weekend we had some great discussion and
"vision-casting" on the areas of privacy litigation, Indiana
probate litigation, business law, Internet litigation, banking law,
SaaS litigation, and several other areas where we are...Read More »
Something that women and/or minority
business owners may want to consider is registration with the
Indiana Department of Administration Minority and Women's Business
Enterprises Division to become certified as a minority-owned or
woman-owned business.Established in order to give such businesses an equal opportunity to participate in the state purchasing process, the criteria considered for such certification include that the minority/woman member possess:
- ownership of the business (at least...
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