Division of Property in Divorce – Equitable Does Not Always Mean Equal

By Marissa Claxton | July 26, 2023

Divorce, alone, can be mentally and emotionally draining. Add in navigating the complexities of dividing property between spouses and the process can become overwhelming. In Indiana, in the absence of a prenuptial or postnuptial agreement, property of either spouse, whether owned prior to marriage or acquired after marriage, is included in the marital pot. Courts…

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Physician Non-Compete Agreements

By Georgianne Walker | July 10, 2023

Any physician non-compete entered into before July 1, 2020 is governed by Indiana common law. Since July 1, 2020, in order for a physician non-compete to be enforceable in Indiana, such non-compete agreement must include the following: 1. A provision requiring the employer to provide a departing physician with a copy of any notice concerning…

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Pro Se Litigants: A Word of Caution

By Janelle Cooper | June 5, 2023

An individual who chooses to represent themselves in a criminal and civil litigation matter is referred to as a pro se litigant. An individual initiating the case is a pro se plaintiff. Indiana Courts have long held pro se litigants to the same standards as trained attorneys and require them to follow procedural rules just…

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What is an Opinion Letter?

By Sean Towner | May 8, 2023

A third party legal opinion, commonly referred to as an “Opinion Letter”, is a letter issued by an attorney to advise a client of legal risks and resolve legal uncertainties. An Opinion Letter assures the recipient that their conduct is legal and confirms within the existence of legal relationships. Opinion Letters are commonly issued in…

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Indiana’s Open Door Laws

By Robert Palmer | March 9, 2023

Most meetings of the governing bodies of public agencies such as city councils, townships, counties, school boards or similar types of meetings must be open at all times so members of the public can observe and/or record the meetings. There are a few exceptions to this general rule: 1. “Executive Session” – may be closed…

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Why Mediate?

By Jon Rogers | February 16, 2023

As an active mediator, all mediations begin with me introducing myself to respective parties in separate rooms about the process and the reasons why mediation should take place. I am obviously passionate about the mediation process. So often during custody and divorce proceedings emotions come into play. When emotions are involved, it often inhibits people…

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May Oberfell Lorber Announces Partner Promotion

By May Oberfell Lorber | January 24, 2023

SOUTH BEND / MISHAWAKA, IN – May Oberfell Lorber is pleased to announce the promotion of Katlyn Foust Hunneshagen. Katie joined May Oberfell Lorber in 2014 as a summer associate. While in law school Katie clerked for both state and senior federal court judges, served as an Associate Editor of the Valparaiso Law Review, and…

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MAY OBERFELL LORBER WELCOMES NEW ASSOCIATES

By May Oberfell Lorber | January 24, 2023

SOUTH BEND / MISHAWAKA, IN – May Oberfell Lorber welcomes two new Associate attorneys, Marissa Claxton and Cory Hildebrandt. Claxton earned her J.D. from Michigan State University College of Law in 2022, and received her undergraduate degree in 2018 from Michigan State University. While in law school Marissa served as a judicial law clerk at…

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FEDERAL TRADE COMMISSION PROPOSES BAN ON NON-COMPETITION AGREEMENTS

By Sean Towner | January 17, 2023

This month the United States’ Federal Trade Commission proposed a rule which would prohibit employers from using Non-Competition Agreements with employees and independent contractors. The rule, if enacted, will apply nationwide. The proposed rule will also require employers to rescind all current Non-Competition Agreements in effect with employees and independent contractors. The proposed rule broadly…

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THE IMPORTANCE OF QUIETING TITLE

By Sean Towner | October 24, 2022

A quiet title lawsuit is a means of establishing proper ownership of real estate. Aside from establishing correct ownership, a quiet title action ensures the correct owner has clear title that is not subject to liens or levies from third parties. A quiet title action is commonly utilized when real estate has previously been subject…

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