Bloom Gates Shipman & Whiteleather, LLP, is very proud and honored to announce that our very own John W. Whiteleather, Jr. will be the recipient of the 2019 Legendary Lawyer Award! John is a well deserving recipient of this award thanks to his public service, community involvement, and contributions to the legal profession in his more than 50 years as an Indiana attorney. We are very lucky to work with such a legendary lawyer! If you would like to read more about John’s road from law student to legendary lawyer, check out this article by The Indiana Lawyer.

If you would like legal assistance from John or another attorney at BGSW, please contact our office. Keep an eye out for our future blog posts from the attorneys at BGSW!

*Disclaimer: The author is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

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Security Deposit After Eviction?

Many times landlords come to our office seeking advice on how to deal with a security deposit after they have evicted a tenant. Indiana has a law that all landlords must be aware of.  Indiana Code 32-31-3-12 requires a landlord to return a security deposit to a tenant.  However, a landlord can subtract any accrued rent, damages, and unpaid utility bills, from the security deposit.

All of the offsets against the security deposit must be itemized by the landlord in a written notice that is delivered to the tenant not more than 45 days after termination of the rental agreement and delivery of possession.  If the landlord fails to comply with this notice provision, then a tenant may recover all of the security deposit as well as the tenant’s reasonable attorney fees.  The landlord does not have this requirement though until the tenant supplies the landlord with a mailing address in writing.

Bloom Gates Shipman & Whiteleather, LLP has several attorneys that are well versed in landlord tenant law both from a residential and commercial perspective.  If you have questions about how this law affects you, please give us a call.

*Disclaimer: The author is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

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Welcome, Samuel D. Ladowski!

With summer in sight and warm weather around us, we’d like to announce some new growth this spring at Bloom Gates Shipman & Whiteleather, LLP. Samuel D. Ladowski has joined our firm as the associate in charge of the firm’s intake of new potential clients.  Sam’s innate ability to build relationships, influence situations and execute will make him an excellent addition to the BGSW family.

Sam brings resolute critical thinking, responsible action, effective leadership and compassion while also drawing litigation experience at the trial and administrative levels from his time in private practice in Indianapolis and as a public servant in Fort Wayne working for the Department of Child Services and the Allen County Prosecutor’s Office.  Sam’s diverse experience compliments his intuitive talent for seeing things from our clients’ perspectives and acting as a catalyst to reach a resolution efficiently and effectively.

In his more focused practice, Sam enjoys working with clients to learn their estate planning goals and to advise on how those objectives can be achieved.  Sam also enjoys advising clients through business and real estate transactions and general litigation, including personal injury, and finds fulfillment through collaborating with individuals and families when navigating the Medicaid process.

While in law school at Indiana University-Robert H. McKinney School of Law, Sam interned at the Indiana Attorney General’s Office, in Northern District of Indiana – Judge Theresa L. Springmann’s Chambers, and Allen Circuit Court.  Prior to law school, Sam graduated from Wabash College and served as a Public Health Educator with the United States Peace Corps in Madagascar, working at the community level with local counterparts in a rural health clinic run by the Ministry of Health.

Sam is a member of the Indiana State, Allen County, and Whitley County Bar Associations.  He is licensed to practice in Indiana, and the United States Northern and Southern District Courts.  Sam lives with his lovely wife and three beautiful children in Fort Wayne and contributes to his home owners association, Historic Southwood Park, and St. John the Baptist Catholic Church.

If you see Sam jogging through Morsches Park or swimming at the YMCA, don’t hesitate to say hello and welcome him to Whitley County!

If you would like legal assistance from Sam or another attorney at BGSW, please contact our office. Keep an eye out for our future blog posts from Sam and the other attorneys at BGSW!

*Disclaimer: The author is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

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Recently we had a client ask us whether a parent has liability for the actions of their child.  After researching this issue, we thought that this valuable information on Parental Liability would be helpful to share.

Civil Parental Liability

In Indiana, a parent is liable for the actions of their child if those actions are done knowingly, intentionally, or recklessly and cause harm to a person or their property.  However to be liable, the parent must have custody of the child and the child must be living with the parent.  The limit of a parent’s liability is $5,000.  (See I.C. 34-32-4-1).  The purpose of this statute is to protect innocent victims from damages by irresponsible minors.

How long am I liable for my child’s actions?

A parent will only typically have liability for their minor child until the child reaches the age of majority, 18.

What happens if my child injures someone or something?

You may have insurance coverage if your child injures someone or something.  Typically both homeowners insurance and renters insurance provide coverage for both property damage and liability coverage.  These insurance policies usually cover damage that someone suffers while on your property, even if the injury was committed by another household.  Therefore, if your child injures someone or something, always check with your insurance company to see if you have coverage.

What about my minor driving a car?

Pursuant to I.C. 9-24-9-4, an individual who signs an application for a permit or driver’s license agrees to be responsible jointly and severally with the minor applicant for any injury or damage that the minor applicant causes by reason of the operation of a motor vehicle if the minor applicant is liable in damages.  However, when a minor turns 18, the individual who signed the minor’s application is relieved from the liability imposed under this chapter and subsequently incurred by the applicant operating a motor vehicle.

If you have any questions regarding Parental Liability, please contact one of our attorneys. We would love to help you.

*Disclaimer: The author is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

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Settlement Information

For all of our clients who have signed up for the Syngenta litigation, please view the information below regarding the Settlement. The three closest venues to our area are Warsaw, Angola, and West Lafayette, though you may choose any meeting/location to attend. Please do not hesitate to give us a call if you have any questions.

*Disclaimer: The author is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

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Option to Purchase

An option is a right that the owner of a real property (the “optionor”) gives to another person (the “optionee”) to buy certain property at a fixed price for a definitive duration.

An option is an offer that binds the optionor to sell, but does not obligate the optionee to purchase. Typically, during the option term the optionor usually cannot revoke or withdraw the option without the optionee’s consent.

Right of First Refusal

A right of first refusal obligates a real property owner to offer their property to the holder of the Right of First Refusal upon the same terms as the owner is trying to sell the property to another party. By choosing a right of first refusal versus an option, the owner of the property has more control over the sale of their property, whereas with an option the holder can force the sale at will. With a Right of First Refusal, the holder must wait until the owner decides to sell the property.

When the owner of property decides to sell their property, a right of first refusal becomes an option since the holder is not obligated to exercise the Right. If the holder does not exercise the Right of First Refusal, the owner is free to sell to the third party. If the holder of the Right of First Refusal exercises their right, the owner must sell to the holder on those terms.

Both Options and Rights of First Refusal must be in writing, signed, contain a legal description of the property, and have consideration to be legally enforceable. Sometimes they are included in lease contracts, or they may be drafted as a separate agreement.

If you would like assistance drafting a Right of First Refusal or an Option, please contact one of our Real Estate attorneys. We would love to help you.

*Disclaimer: The author is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

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Indiana law requires any individual who is subject to a Custody Order or Parenting Time Order to provide notice of any proposed relocation. The non–relocating parent has the right to object to the relocation. As with any other family law dispute, the best interest of the child is the court’s principal consideration. If you are considering relocation, or are the parent of a child who’s other parent is considering or proposing relocation, you must make sure you take steps to adequately protect your rights.  Attorney Elizabeth Deckard recently had the opportunity to litigate a relocation trial. She successfully prevented a proposed relocation, and on appeal successfully defended the order denying the relocation. Take a look at the Appellate Court’s Decision.

If you find yourself in a situation where you’re seeking to relocate or someone is seeking to relocate your child, please contact us today to ensure your parenting rights remain protected.

*Disclaimer: The author is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

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Can I market my contest or promotion on Facebook without landing in Facebook jail?

Oh, the dreaded jail of social media.  Any individual or business who markets through these useful channels has heard the jail rumors: accounts blocked, violations reported, pages shut down.

Fear not, because the short answer is:

YES, you can promote a sweepstakes, contest or promotion on social media and remain in compliance.  In fact, these channels can be extremely useful to increase engagement for your business.

However, and that is a big HOWEVER- it is extremely important to comply with each platform’s terms and conditions when administering the promotion. Otherwise, off to jail you go.  In this segment, we will review the important terms for promoting on Facebook.  Other social media platforms will be addressed in future article updates.

If you want to remain jail free (and legally compliant) these are the big DOs and DON’Ts when administering a promotion:

• DON’T hold yourself or your page out as a brand representative (official page), if your page is simply a fan site or support page.

• DON’T improperly tag anyone in a photo that they are not actually in (such as encouraging individuals to tag themselves or others in your photo or cover image).

• DON’T use invalid or overly-broad page names or web addresses.

• DON’T use text or images that are misleading, deceptive or infringe on another’s copyright or trademark.

• DON’T utilize personal timelines when administering promotions (encouraging entrants to “share on your timeline” or “tag a friend” are explicitly forbidden in the Facebook Page Rules).

• DO ensure content and promotions comply with all regulations including privacy acts, COPPA, the FTC and all state and federal promotional requirements.

• DO have terms and conditions accessible to anyone who may request them.

• DO clearly state that you (and not Facebook) are collecting any data.

• DO limit the promotion in time and provide a complete Facebook release, indicating in the official rules that Facebook has not sponsored, endorsed, or in any way administered the promotion.

As stated above, marketing on social media can be daunting, but it doesn’t have to be non-compliant.  If you would like assistance creating terms and conditions, or full official rules, please contact our office.

Keep a look out for our future blog segments related to marketing on social media platforms.

*Disclaimer: The author is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

The post Promoting Your Business on Social Media: Part I appeared first on Bloom Gates Shipman & Whiteleather.

Does incorporation protect me from personal liability?

PART 2: HOW TO AVOID PERSONAL LIABILITY FOR BUSINESS DEBTS

If you own a business, you likely, at least partially, made the decision to form a corporation or a limited liability company (LLC) so that you wouldn’t be held personally liable for debts related to the business. However, sometimes courts will hold a corporation or an LLC’s owners, members, and shareholders personally liable for the debts of a business.  This is called “piercing the corporate veil.”

Typically “piercing the corporate veil” happens in one of two scenarios; when a business is closing and does not have enough assets to satisfy its outstanding debts, or when a business is sued and there is either no insurance or not enough insurance to satisfy the obligation arising from the lawsuit.

When a court evaluates whether to pierce the corporate veil, the court considers the following factors:

• Whether the company and its owners are distinct.
• Whether the company and the owner’s assets are kept separate.
• Whether the company’s actions were wrongful or fraudulent.
• Whether the company failed to follow corporate formalities.
• Whether the company was adequately capitalized.

If you have questions about how to protect your business or if you are ever personally sued for the debts of your business, you may need the help of a business attorney to defend yourself. The attorneys of Bloom Gates Shipman & Whiteleather, LLP have decades of experience defending businesses throughout Northeast Indiana.

If you need assistance or advice on how to avoid personal liability in a business, please contact us. We would love to work with you.

*Disclaimer: The author is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

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Does incorporation protect me from personal liability?

Yes, incorporating your business does provide a layer of protection from personal liability.  However, it is important to keep in mind that there are times when that protection does not insulate you completely.  This is referred to as piercing the corporate veil. In this part one of our two-part segment, the broad duties and protection requirements for insulation are discussed.

Protection requirements:

There are primarily two requirements that must be followed in order to maintain corporate protection:

1) The Rule of the Prudent Person.  Board members are trusted individuals and this protection is provided as it is assumed that the board member will act reasonably for the best interest of the business.  The prudent person rule essentially states that board members are protected from personal liability as long as they act “as a reasonably prudent person under the same or similar conditions”. So basically, if your peers would think you acted contrary to your duty, then the protection may not be available.

2) Duty of Loyalty. As a board member, conflicts of interest should be avoided.  Therefore, the protection otherwise provided may not be there if actions or decisions are made to benefit yourself instead of the business.  Commonly, this occurs when a board member votes in favor of an action to provide himself or his family with financial gain or support a business venture he owns.  Keep in mind, while financial gain is a typical motive, it is not required to breach the duty of loyalty.

Risk Management:

Create bylaws which prohibit personal gain at the business’ expense or doing business with companies who benefit board members. Be sure to encourage board members to think through all key decisions and document decision reasoning in minutes.

If you need bylaw or incorporation assistance, please contact us. We would love to work with you.

Check back next week for part-two of this segment, which will address the other factors to consider in order to avoid piercing the corporate veil.

*Disclaimer: The author is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

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