Legislative Update 2016, Wednesday, June 8

TOPICS:
The 2016 Session in Review – Representative Eric A. Koch
* Including Major Practice Areas with Legislative Activity
* Medical Malpractice Recoverable Damages – SEA 28
* Alternate Rezoning Procedure – HEA 1025
* Family Law Legislation
* Securities
* Business Entities
* The Election Bill
Administrative Matters – Senator Karen R. Tallian
* Labor Issues
* Road Funding – HB 1001
* olid Waste Districts Bill
* Big Box & Dark Store Property Tax Legislation Concerning Assessed Valuation
Education & Healthcare Bills – Julie D. Halbig
* Including coverage of HB 1337: The Abortion / Fetal Remains Legislation
Criminal Law Legislation – Senator R. Michael Young
Now & Later! – Representative Ryan M. Dvorak
* Methamphetamine / Pseudoephedrine Issues Civil & Criminal Aspects
* Private University Police Documents – HB 1022 vetoed
* Police Body Cameras – HEA 1019
_____________________________________________

FACULTY:
Senator John E. Broden, Chair
Leone Halpin, LLP, South Bend

Representative Ryan M. Dvorak
May Oberfell Lorber, Mishawaka

Representative Eric A. Koch
The Koch Law Firm, P.C., Bloomington

Senator Karen R. Tallian
Attorney at Law, Portage

Senator R. Michael Young
Indiana State Senate, District 35, Indianapolis

Julie D. Halbig
Vice President for Government Relations & Community Engagement, Ball State University, Muncie
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3 CLE – Wednesday, June 8
9:00 A.M. – 12:15 P.M.

Posted in Highlighted Seminars0 Comments

MSC-SlotT3-2013

2016 Masters Series Summer Conference, July 14-16

Use the code 0716MSC to take advantage of special ICLEF room rates at the French Lick & West Baden Resorts. But hurry, our group block expires June 16!

This years Masters Series Summer ConferenceTM will be held Thursday, July 14th through Saturday, July 16th, 2016, at the beautiful French Lick Springs Resort & Casino & West Baden Springs Resort, in French Lick, Indiana. Attendance will be limited so register soon!

Six of ICLEF’s Masters Series programs will meet concurrently Friday and Saturday, July 15-16, while also allowing for time to enjoy fellowship and all there is to see and do at the French Lick Springs Resort & Casino as well as the remarkable setting of the neighboring West Baden Springs Resort. Very special room rates have been made available for ICLEF Masters Series ConferenceTM Attendees. Hotel reservations can be made online by Clicking Here or by calling 812-936-9300.

French Lick Springs Resort & Casino Courtyard  French Lick Springs Resort & Casino-Front Porch  French Lick Springs Resort & Casino - Well

Advanced Level Seminars at This Years Conference:
ICLEF is pleased to present advanced-level seminars, known collectively as The Masters Series, for those practitioners who require a distinct level of continuing legal education in their respective fields. Trademarks of The Masters Series include a low faculty-to-attendee ratio, seating arrangements that facilitate interaction, and topics designed to make you think, while providing you with answers to the tough questions and difficult situations you may encounter in your practice.

Click a title below for Topics, Faculty, Agenda, Price & Registration information. To download a PDF of the 2016 Masters Series ConferenceTM Brochure & Registration form, Click Here.

Pardon the Interruption: Ethics! – 3 CLE / 3 E
   Program Chair: Lynnette Gray, Johnson Gray & Johnson, Franklin

Advanced Employment Law – 6 CLE
   Program Chair: David L. Swider, Bose McKinney & Evans LLP, Indianapolis

Advanced Issues in Family Law – 6 CLE
   Program Chair: Andrew R. Bloch, Cross Pennamped Woolsey & Glazier, Carmel

Advanced Business Law – 6 CLE / 1 E
   Program Chair: Geoffrey M. Grodner, Mallor Grodner LLP, Bloomington

Advanced Individual Bankruptcy, Chapters 7 & 13 – 6 CLE / 1 E
   Program Chair: Mark S. Zuckerberg, Bankruptcy Offices of Mark S. Zuckerberg P.C., Indianapolis

Advanced eDiscovery – 6 CLE
   Program Chairs: Hamish S. Cohen, Mattingly Burke Cohen & Biederman, Indianapolis
& Raymond J. Beiderman, Mattingly Burke Cohen & Biederman, Indianapolis

Advanced Issues in Patent Litigation – 6 CLE
   Program Chair: Daniel J. Lueders, Woodard Emhardt Moriarty McNett & Henry of Indianapolis

 

ICLEF's Annual Masters Series Conference<sup>TM</sup> at the beautiful French Lick Springs Hotel & Casino and West Baden Springs Hotel & Spa in French Lick, IN. Advanced Seminar at the ICLEF 2012 Masters Series Conference ICLEF's Annual Masters Series Conference at the beautiful French Lick Springs Hotel & Casino and West Baden Springs Hotel & Spa in French Lick, IN.  Advanced Seminar at the ICLEF 2012 Masters Series Conference

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Masters Series ConferenceTM Schedule of Events:

Thursday, July 14, 2016
10:00 A.M.   ICLEF Board of Directors Meeting
                        – West Baden Room, West Baden Springs
12:00 P.M.   ICLEF Masters Series ConferenceTM Registration Open
                        – Level 2 Conference Facility Area
1:50 P.M.      Welcome & Introduction
                        – Marsha Volk Bugalla, Masters Series ConferenceTM Chairperson
                        – Windsor Ballrooms, Level 2 Conference Facility Area
2:00 P.M.     PTI: Ethics!
                        – Lynnette Gray, Program Chair
                        – Windsor Ballrooms, Level 2 Conference Facility Area
3:30 P.M.      Program Break
3:45 P.M.      Plenary Session continues
5:15 P.M.       Adjourn for the Day

5:30 P.M. – 7:30 P.M.      Hosted Reception (Open to All Faculty, Registrants & Guests)
                                              Join us for our welcoming reception with complementary
                                              drinks and heavy h’orderves
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Friday, July 15, 2016
7:30 A.M.    ICLEF Masters Series ConferenceTM Registration Open
                      – Level 1 Conference Facility Area
7:45 A.M.    Continental Breakfast for Faculty & Attendees
                      – Level 1 Conference Center Foyer
9:00 A.M.    Begin Part One of the 2016 Masters Series ConferenceTM
                      – Level 1 Conference Center

Program start and break times will vary by individual seminar agenda

12:15 P.M.    Adjourn for the Day

4:00 P.M.     Historic West Baden Tour
                       (Open to All Registrants & Guests for $12See Below for more information)

4:30 P.M.     ICLEF Private Slot Tournament
                       (Open to All Registrants & Guests. See Below for more information)
                       – Entertainment Lounge, French Lick Casino
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Saturday, July 16, 2016
7:30 A.M.    ICLEF Masters Series ConferenceTM Registration Open
                      – Level 1 Conference Facility Area
7:45 A.M.    Continental Breakfast for Faculty & Attendees
                      – Level 1 Conference Center Foyer

Program start and break times will vary by individual seminar agenda

9:00 A.M.  Begin Part Two of the Masters Series ConferenceTM
                    – Level 1 Conference Center
12:15 P.M.   Conference Adjourns

______________________________________________________________________

Tour the Historic Grounds

Friday July 15, 2016 • 4:00 P.M.  Enjoy a private tour of the West Baden Springs Resort to truly appreciate the architectural and historical significance of the resort. A nominal fee of $12 will be charged for the tour, with all proceeds going to Indiana Landmarks. To register for the Historic West Baden Tour email: scottking@iclef.org.  Or to download a PDF of the 2016 Masters Series Conference Brochure & Registration form, Click Here.

ICLEF's 2013 Masters Series Conference, July 25-27, 2013, French Lick Springs Resort & Casino & West Baden Springs Hotel & Spa, French Lick, IN  West Baden-Atrium  Large well at the West Baden Springs Resort West Baden-Ceiling ICLEF's 2013 Masters Series Conference, July 25-27, 2013, French Lick Springs Resort & Casino & West Baden Springs Hotel & Spa, French Lick, IN

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ICLEF Slot Tournament:
Friday, July 15, 2016  •  4:30 P.M.
– Entertainment Lounge, French Lick Casino

New twists to our popular slot tournament are coming your way this year! Join us for your chance to win or simply catch up with friends and cheer on our slot tournament competitors before starting your evening at the resort! Limited to the first 60 registrants. To register for the Slot Tournament email: scottking@iclef.org.  Or to download a PDF of the 2016 Masters Series Conference Brochure & Registration form, Click Here. 

MSC-SlotT3-2013  MSC-SlotT2-2013  MSC-SlotT1-2013

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Other Activities & Offerings:

French Lick Springs Resort & Casino
Spend some time exploring all there is to do and see at French Lick Springs Resort & Casino and neighboring West Baden Springs Resort. Concierge service will be provided by FLSR and available throughout the day at the ICLEF registration desk to assist you in making tee times, spa or dinner reservations, and to assist you with the many other activities and features of the beautiful and historic French Lick Springs Resort!  For a complete list of activities at the resort, please go to the resort’s website at www.FrenchLick.com 

Very special room rates have been made available for ICLEF Masters Series Conference Attendees. Hotel reservations can be made online by Clicking Here or by calling 812-936-9300.

Enjoy a Round of Golf!
The Donald Ross Course:
The Hill Course as it was originally known was designed by Donald James Ross in 1917. Just seven years later in 1924, the course hosted the PGA Championship won by Walter Hagen. He beat the Englishman James Barnes on the 36th and final hole of the two-round match and walked away with the grand prize of $6,830. The course has hosted LPGA Championships and Senior PGA events in the years since.

Ross, an expert greens-keeper and club maker is credited with laying the groundwork for the American golf industry. His architectural firm, Donald J. Ross and Associates, designed and redesigned 400 courses throughout North America between the early 1900s and the late 1940s. Ross is one of the few golf course architects to be admitted into the World Golf Hall of Fame. As a testament to his architectural brilliance, Donald Ross course designs account for 11 of Golf Digest’s 100 Greatest Courses in the United States. After a $5 million dollar restoration effort in 2005, the Hill Course was renamed The Donald Ross Course at French Lick Resort.

The Pete Dye Course:
Golf was an important part of the history of both French Lick Springs and West Baden Springs Hotels. When the two became French Lick Resort it was obvious that it would continue to play an integral role in the overall success of the property.

The Cook Group, owners of the resort since 2005, wanted to establish their new enterprise as a true vacation spot into a historic property and a world-class golf destination. To do this, an expansion of the existing golf operation was a must. After contemplating several well-known designers they decided on Pete Dye, arguably the world’s top golf architect. Dye walked Mt. Airie – the proposed building site and concluded there was no way to build a golf course on that land. The slopes were too severe and the terrain too rugged.

Dye, not being one to give up easily, soon returned to the resort with a topographical map of the area and preliminary drawings on a napkin. He said he intended to “build the course whether they want me to or not.” The course officially opened in the spring of 2009 and held its first major PGA event by the summer of 2010. Mike Small was crowned the PNC Champion that year.

The Valley Links Course:
The Valley Links course was commissioned in 1907 by Thomas Taggart as one of his many improvements to French Lick Springs Hotel. Taggart hired storied course designer Tom Bendelow to design the first championship golf course at the hotel in 1907. At the time, it was known as The Valley Course and had eighteen holes. Later, after French Lick Springs Hotel was purchased by the COOK Group, Incorporated, The Valley Course was redesigned, through a partnership with US Kids Golf, into the family-friendly nine-hole course that exists today.
It is recommended that reservations for the French Lick Resort Golf Courses be made prior to your arrival. For golf reservations call 812-936-9300.

ICLEF's 2013 Masters Series Conference, July 25-27, 2013, French Lick Springs Resort & Casino & West Baden Springs Hotel & Spa, French Lick, IN ICLEF's 2013 Masters Series Conference, July 25-27, 2013, French Lick Springs Resort & Casino & West Baden Springs Hotel & Spa, French Lick, IN

Concierge service will be provided by French Lick Springs Resort
Available throughout the day at the ICLEF registration desk to assist you in making tee times, spa or dinner reservations, and to assist you with the many other activities and features of the beautiful and historic French Lick Springs Resort! For a complete list of activities at the resort, please go to the resort’s website at www.FrenchLick.com 

Relax in one of the Resorts’ Signature Spas
Offering the best in classic American sophistication and leisure, tranquility is redefined at the 27,000 sq. ft. Spa at French Lick. Enjoy décor and treatments that are inspired by the great spas throughout the United States. It is recommended that reservations for the French Lick Resort Spas be made prior to arrival. For spa reservations call 812-936-5819.

ICLEF's 2013 Masters Series Conference, July 25-27, 2013, French Lick Springs Resort & Casino & West Baden Springs Hotel & Spa, French Lick, IN  ICLEF's 2013 Masters Series Conference, July 25-27, 2013, French Lick Springs Resort & Casino & West Baden Springs Hotel & Spa, French Lick, IN

Fun Just for the Kids
French Lick Resort provides fun and exciting activities and adventures that will keep any child engaged and absorbed! Special activities, supervised by the Resort’s trained counselors, have been developed to ensure that kids ages 6-12 years have a full experience in fun and creativity. Visit the resort website for specific activities and events under the link “KidsFest.” Big Splash Adventure Indoor Water Park Just across the way from the French Lick Resort, Big Splash Adventure Indoor Water Park & Resort offers an exciting water park adventure for the entire family. Experience tropical luxury in a family friendly environment! For more information about all the wet and wild fun visit the water park website at www.bigsplashadventure.com

Posted in Sale/Featured Items0 Comments

43rd Annual Midwest Estate, Tax & Business Planning Institute, June 2-3

TOPICS:
• The Year in Review for Estate Planners

• Succession Planning for the Family Owned Business
• Indiana Legislative & Case Law Update

• Hot Topics and Current Trends in Wealth Management (Luncheon Presentation)
• Ethics for the Estate Planner

• Business Income Tax Issues for the Estate Planner
A guide to federal income taxation of C corporations, S corporations and partnerships with planning opportunities and traps each presents

• Charitable Giving with Retirement Benefits: The 3 Whys, 8 Hows, 7 Whiches, & 9 Whens
Help your charitably-inclined clients save money while doing good 
– Three Reasons to Fund Charitable Gifts with Retirement Benefits
– Eight Ways to Leave Retirement Benefits to Charity
– The Seven Types of Charitable Entities (such as public charity, private foundation, charitable lead or remainder trust), Which Ones Are (and are not) Suitable as Beneficiaries
– Four Situations in Which Charitable Giving Helps Solve Benefit-Planning Problems
 – Five Scenarios for Lifetime Giving with Benefits

• Understanding the Minimum Distribution Rules: The Estate Planner’s Guide to “stretch” IRAs
The minimum distribution rules for retirement benefits are key to minimizing income taxes for your clients and their beneficiaries. Learn how your client’s benefits can qualify for the “stretch” life expectancy payout, and how to avoid missed deferral opportunities and costly penalties.
– How to Compute Required Distributions, During the Participant’s Life & After Death
– When Distributions Must Start
– Why the Lifetime Rules are a Good Deal for Retirees (and their estate planners)
– The Post-Death Options for Spouse, Children, Trust, or Estate Named as Beneficiary

• How to Anticipate & Avoid Will Contests

• Estate Planning for Digital Assets, Pets, & Firearms
• Issues in Mediation & Litigation for Estate Planners
________________________________________

FACULTY:
MaryEllen K. Bishop, Co-Chair
Cohen Garelick & Glazier, Indianapolis, IN

Jeffrey B. Kolb, Co-Chair
Kolb Roellgen & Kirchoff  LLP, Vincennes, IN

David W. Barrett
Faegre Baker Daniels LLP, Indianapolis, IN

Turney P. Berry
Wyatt, Tarrant & Combs, LLP, Louisville, KY

Professor Gerry W. Beyer
Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law,
Lubbock, TX

Michael P. Bishop
Cohen Garelick & Glazier, Indianapolis, IN

Natalie B. Choate, Esq.
Nutter, McClennen & Fish LLP, Boston, MA

Professor Samuel Allen Donaldson
Georgia State University, College of Law,
Atlanta, GA

Diane S. Renforth
Vice President, Senior Trust Officer, Horizon Bank, Indianapolis, IN
________________________________________

12.5 CLE / 15 CPE / 1 E / 12.5 Ins. CE
Thursday & Friday, June 2-3, 2016

Posted in Sale/Featured Items0 Comments

Can you or Should you Record Your Children’s Telephone Calls in Indiana?

By Richard Mann, Richard A. Mann, P.C., Indianapolis

The Indiana Parenting Time Guidelines provide for parents and children to have reasonable phone access to each other. The guidelines also provide that parents and children are entitled to private communications. But what if the other parent has concerns for the child’s well-being related to such communications? Can a recording of these communications be admitted into evidence? And does a parent risk violating state or federal wiretap laws?

The Indiana Court of Appeals addressed these issues in Apter v. Ross, 781 N.E.2d 744 (Ind. Ct. App. 2003). In that case the Father recorded a phone call between Mother and Daughter. The trial court did not allow the recording into evidence, but the Court of Appeals held that the recording should have been admitted as it did not violate the Wiretap Act.

The court in Apter, supra, explained that in a civil case a recording may be admitted if a proper foundation establishes that 1) it is authentic and correct, 2) it does not contain matter otherwise not admissible into evidence, and 3) it is clear enough to be intelligible and enlightening to the jury. In order to meet the second requirement, the recording must not violate the federal or state wire-tapping laws, as those laws exclude from evidence any interception of communications which are in violation.

The Federal Wiretap Act (18 U.S.C. § 2510 et seq.) prohibits a person from intentionally intercepting communication without the consent of one party to the communication. There is an exception for communications intercepted by a subscriber in the ordinary course of business. This exception has been held to apply to parents, who are the subscriber, as raising their children is their “business.” Scheib v. Grant, 22 F.3d 149 (7th Cir. 1994). To fall within this exception, a parent must be acting out of concern for the child’s well-being. This test focuses on the parent’s motivation and not whether or not the child’s well-being was actually at risk. Therefore, so long as the parent establishes that the act of intercepting the communication was motivated by a genuine concern for the child’s well-being, the recording does not violate the Federal Wiretap Act and may be admissible.

Indiana has a Wiretap Act (I.C. 35-33.5) as well that prohibits interception of communications without the consent of either party to the communication. In Apter the Court held that the recording did not violate the Indiana law because Father had the right to consent to the interception on behalf of his minor daughter. Father had joint legal custody of Daughter and pursuant to Indiana Code 29-3-3-3(a), unless otherwise determined by a court, a parent has the power to execute consent on behalf of a minor under any statute. Because Father’s power to consent on Daughter’s behalf had not been limited by any proceeding, under Indiana law he had the authority to consent to the recording on behalf of his daughter and, therefore, did not violate Indiana’s wiretap laws as the consent of one party is all that is required.

While a recording of a phone call between a parent and a child may be admissible if the above requirements are met, parents should not attempt to abuse these limited exceptions. The Parenting Time Guidelines permit phone access between parents and children and they are entitled to private communications without the interference of the other parent. It will be the burden of the parent intercepting the communication to show that they were truly motivated by concern for the child’s well-being as specifically related to the intercepted communication. A court could find a parent interfering with the child’s communications to be violating the guidelines and in contempt. Furthermore, continued egregious interference with the other parent’s relationship with the child could lead to a modification of custody or parenting time. Therefore, parents should not attempt to intercept communications between the child and other parent unless there are exceptional circumstances truly causing the parent to have genuine concerns for the child’s well-being pertaining to that specific communication. This is a fact-sensitive and legally complicated matter that should be discussed with an attorney before recording any such conversations. Many states ban all recording of conversation so you should consult an attorney in your jurisdiction.

Prepared by Megan Gehring of Richard A. Mann, P.C. Attorneys at Law, www.rmannlawoffice.com

________________________________________________________________________

Richard A. Mann has been practicing Family Law for more than 36 years in the Indianapolis area and throughout the State of Indiana. He is a Certified Family Law Specialist as certified by the Family Law Certification Committee, a Registered Family Law and Civil Law Mediator and Guardian ad Litem and Parenting Coordinator. Mr. Mann and his firm, Richard A. Mann, P.C. Attorneys at Law, are proud to have been one of the firms who represented Same-Sex couples who were successful in overturning Indiana’s ban on Same-Sex marriage. He continues to fight discrimination in the law.

While a large portion of Mr. Mann’s practice is in the Family Law area he also represents several corporations on contract, personnel and other matters. He also has a varied General Practice in wills, estates, juvenile matters, collections, probate throughout the state of Indiana. Mr. Mann has tried murder cases as well as a death penalty case.

Mr. Mann has been selected for inclusion in Super Lawyers SuperLawyers Edition for 2009, 2010, 2011, 2012, 2013, 2014 and 2015.

Follow Richard Mann on FacebookTwitter, or read more blogs by him here.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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