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.

Fifth Circuit Finds Arbitration Clause in Employee Handbook Was “Illusory”

Though federal policy strongly favors arbitration, there are limits. (See our other arbitration posts here.) Last month, in Carey v. 24 Hour Fitness USA Inc., the Fifth Circuit held that an employer’s arbitration clause was invalid because it was illusory. The employee … Continue reading

Posted in Arbitration | Tagged , | 3 Comments

Free speech over the Internet put to the test

As featured in The Indiana Lawyer this week in the commentary section. http://bit.ly/AuczZ8 There is nothing like free expression to test how much we truly value that freedom. Views expressed in a free and open exchange are sometimes ugly, mean-spirited … Continue reading

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Courts Rebuff Policyholders Who Seek Defense of Antitrust Class Actions

Recently-filed lawsuits in California and Georgia follow a trend of CGL policyholders demanding defenses to antitrust conspiracy claims under the theory that the antitrust class actions seek damages for “personal and advertising injury.” The same playbook, however, has not succeeded … Continue reading

Posted in Advertising Injury, Class Actions, Coverage Disputes, Intentional Misconduct | Tagged , , , | Leave a comment

Trade secret lawsuit filed over employee’s social media account

A recent New York Times article covers a lawsuit filed by PhoneDog, a mobile products research and review company, against one of its former employees. http://www.nytimes.com/2011/12/26/technology/lawsuit-may-determine-who-owns-a-twitter-account.html?_r=1&scp=1&sq=PhoneDog&st=cse In November 2011, the Chief Judge of the Northern District of California decided that the … Continue reading

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New Model Order Aims to Rein In Expense of E-Discovery

As many have learned, the expense of pursuing electronic discovery can drive the outcome of a lawsuit to a greater extent than the merits of a case.  So what can be done to get e-discovery costs in check and refocus … Continue reading

Posted in Discovery, E-Discovery | Tagged , | 1 Comment

Indiana Lawyers’ Alternative Fee Arrangements: When Is A Deal A Deal?

A deal is a deal, right? That is not always true when the deal is a fee agreement between a lawyer and a client. With interest in alternative fee arrangements growing among lawyers and clients, Indiana law firms should keep … Continue reading

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Indiana Court of Appeals Thwarts Non-Party Discovery in Out-of-State Arbitration

Getting discovery from non-parties can be a tricky proposition, particularly when the discovery is being sought as part of an out-of-state arbitration.  Equally tricky is resisting discovery if you’re that non-party.  The Indiana Court of Appeals recently provided some protection … Continue reading

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