Author Archives: Bose McKinney & Evans LLP

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.

Can you stipulate your way out of CAFA?

On January 7, 2013, the U.S. Supreme Court will hear oral argument in Standard Fire Insurance Co. v. Knowles, a case involving the Class Action Fairness Act (“CAFA”). This is the first time the Court has agreed to review a … Continue reading

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Free and Low-Cost Apps Available to Help Litigators

Our Director of Library Services here at Bose McKinney & Evans, Cheryl Niemeier, has published a good, comprehensive review of free and low-cost apps available to help lawyers and paralegals.  Click here to read the article.   Most of the apps have direct uses by litigators … Continue reading

Posted in Internet, Legal Research, Litigation Support, Technology, Uncategorized | Tagged , | 4 Comments

YouTube “Gets Tubed” by Internal E-Mails Showing Knowledge of Copyright Infringement

It never ceases to amaze me what even sophisticated business people will write in an e-mail. Executives of YouTube are obviously sophisticated, both in business and technology, yet internal e-mails that surfaced in a major copyright lawsuit with Viacom have … Continue reading

Posted in Copyright, E-Discovery, Evidence, Internet, Uncategorized | Tagged , , , | 1 Comment

Temporary Stay of Publication Troubling

There has been little fall-out or commentary about a March 12, 2012 Order by the Indiana Court of Appeals temporarily halting the South Bend Tribune from publishing a news story about an instance of suspected child abuse and the response … Continue reading

Posted in First Amendment, Free Speech | 1 Comment

Eleventh Circuit Draws a Thin Line Between Formation and Validity Challenges for Arbitration Clauses

The first question a court has to resolve when considering a motion to compel arbitration is whether a valid contract containing an arbitration clause exists.  That’s not always easy because parties sometimes claim that a contract was not formed or … Continue reading

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SCOTUS (Yet Again) Affirms FAA Preemption

Maybe West Virginia didn’t get the memo.  In Marmet Health Care Center, Inc. v. Brown, the U.S. Supreme Court, once again, held that state and federal courts must enforce the Federal Arbitration Act as to all arbitration agreements it covers.  … Continue reading

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Indiana COA Upholds Rights of Internet Commenters to Remain Anonymous

In a case of first impression, the Indiana Court of Appeals held earlier this week that the identity of anonymous internet posters is protected under the First Amendment and Article I, Section 9 of the Indiana Constitution and should not be subject to subpoena … Continue reading

Posted in Anonymous Speech, Defamation, First Amendment, Free Speech, Internet, Journalist's Shield | Tagged , , , , , , | Leave a comment