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Legal Considerations for Startups Seminar

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Legal Considerations for Startups Seminar 

Presented by the Martin IP Law Group, P.C.
When:  September 18, 2017  12:00 – 1:00 p.m.
Where: Innovation Pointe, Media Suite
318 Main Street, Evansville, IN  47708
Cost: Lunch & Learn – FREE

Presentation Insight:

Startups are the lifeblood of our economy – creating change, jobs, new products, dreams, and disruption.
The entrepreneurs behind these startups put their blood, sweat and tears into the venture to bring their ideas to life.  But, unfortunately, half of all startups fail in the first four years of existence.
One way to protect yourself from becoming such a statistic is to make sure you take the proper steps to comply with the law in setting up your business.  Another way is to timely file for protection of your valuable intellectual property (cover your assets).
This presentation is designed for entrepreneurs who are looking to start a company as well as those in the process of building one.  Come see exactly what you need to do to get your business up and running and protect your valuable intellectual property rights.
Feel free to bring your lunch!

YESTERYEAR: Hill’s Snappy Service BY Pat Sides

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This small diner opened in 1941 at Main Street and Riverside Drive, not long before this photo was shot. It housed Hill’s Snappy Service restaurant, part of a popular Midwest chain that had begun to expand into Indiana cities in the 1930s. The building’s distinctive style and diminutive size contrasted starkly with the older, more traditional commercial structures surrounding it. Hill’s replaced a building that was damaged by the Great Flood of 1937, and the diner’s tiles and curves resembled the Art Deco style of the Greyhound Bus terminal at Third and Sycamore, which had opened two years earlier. Hill’s was already operating three other restaurants in Evansville when the location on Main Street opened.

Helpful Hoosiers Should Also Be Vigilant In The Wake Of Hurricane Harvey

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VANDERBURGH COUNTY FELONY CHARGES

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  Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Brett Lee Salmon: Conspiracy Dealing in marijuana (Level 6 Felony), Maintaining a common nuisance – controlled substances (Level 6 Felony)

Dylan Michael Wallace: Conspiracy Dealing in marijuana (Level 6 Felony), Dealing in marijuana (Level 6 Felony)

Abbeymay Tyler Lynn Strange: Battery against a public safety official (Level 6 Felony), Resisting law enforcement (Class A misdemeanor), Public intoxication (Class B misdemeanor), Disorderly conduct (Class B misdemeanor), Possession of paraphernalia (Class C misdemeanor)

Angela Kay Singleton: Attempt Battery by means of a deadly weapon (Level 5 Felony)

Noah A. Kirk: Possession of a narcotic drug (Level 6 Felony)

Nicholas Joseph King: Residential entry (Level 6 Felony)

Governor Holcomb’s Public Schedule for August 29

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INDIANAPOLIS – Below find Indiana Governor Eric J. Holcomb’s public schedule for August 29, 2017.

80/90 PUSH Project Ribbon Cutting

WHO:  Secretary of Transportation Elaine Chao

Gov. Holcomb

ITR Concession Company LLC

Various state and local officials

WHAT:  80/90 PUSH Project Ribbon Cutting Ceremony & Photo Opportunity

WHEN:  11 a.m. ET 

WHERE: Indiana Toll Road Mishawaka Commuter Lot (Near milepost 83)

Granger, IN 46530

Media parking:

Beacon Health

3221 Beacon Parkway

Granger, IN 46530

*Note: Arrive early, as media and guests will be transported from the parking lot to the ceremony site.

South Shore Line Roundtable Discussion

WHO:  Secretary of Transportation Elaine Chao

Gov. Holcomb

U.S. Sen. Todd Young

U.S. Rep. Pete Visclosky

U.S. Rep. Jackie Walorski

INDOT Commissioner Joe McGuinness

Various state and local officials

WHAT:  South Shore Line Roundtable Discussion

              *Note: The roundtable discussion is closed to the press.

WHEN:  2:15 p.m. ET set up for brief media availability to begin at 2:20 p.m.

WHERE: South Bend International Airport

4477 Progress Dr.

South Bend, IN 46628

 

USI Volleyball opens 2017 in Florida

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University of Southern Indiana Volleyball begins the 2017 season when it competes at the University of West Florida Hampton Inn-vitational Friday and Saturday in Pensacola, Florida.

The Screaming Eagles begin the weekend Friday by taking on the University of North Alabama at 2 p.m. and West Florida at 6 p.m. They square off with No. 2 Southwest Minnesota State University Saturday at 9 a.m., before concluding the weekend Saturday at 1 p.m. against the University of South Carolina-Aiken.

Live stats and video will be available for USI’s first three matches, while their final contest will only have live stats.

USI Volleyball Notes
Farrell in history books.
Senior libero Shannon Farrell (Munster, Indiana) begins the year ranked No. 3 all-time at USI with 1,359 career digs. She became the first player in program history with back-to-back 500-dig seasons a year ago and set the program record with 5.41 digs per set in 2016. Farrell needs just 131 digs to move into second all-time at USI and 489 to match Kaya Heldman’s school-record 1,848.

Tough competition. USI plays three teams in its opening weekend that are earning recognition in the AVCA Top 25 Preseason Coaches’ Poll. In addition to No. 2 Southwest Minnesota State, both North Alabama and West Florida are receiving votes outside the Top 25.

Openers. USI is looking to win its season-opener for the fifth straight year after beginning the 2016 season with four straight wins. The Eagles have not lost a season-opener since 2012.

Sunshine State. This weekend’s games mark the second straight year and the fifth time since 2010 that USI has opened the season in Florida. It is the third time since 2010 that USI has opened the year in Pensacola and the fifth time during Head Coach Leah Mercer‘s career at USI.

Returning leaders. While Farrell returns to lead the Eagles’ back row, USI will be led at the net by senior middle hitter Te’Ayla Whitfield (Fort Wayne, Indiana) and sophomore outside hitter Mikaila Humphrey (Floyd Knobs, Indiana). Whitfield averaged a team-high 0.82 blocks per set as a junior, while Humphrey led USI with 2.61 kills per frame during her rookie season. Junior setter Erika Peoples (Bloomington, Illinois) was fifth in the GLVC last year with a team-high 9.06 assists per set.

10-match skid. USI is looking to end a lengthy skid when it takes the court this weekend after losing 10 straight matches to end the 2016 campaign.

 

 

Eagles announce Women’s Basketball slate

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University of Southern Indiana Women’s Basketball announced its 2017-18 schedule Monday and that it will open its slate November 5 when it travels to Lexington, Kentucky, to take on Division I foe Kentucky in an exhibition contest.

The Screaming Eagles begin the regular season November 10 and 12 when they host Northwood University and Saginaw Valley State University, respectively, in the Great Lakes Valley Conference/Great Lakes Intercollegiate Conference Challenge.

USI’s schedule in 2017-18 features a heavy dose of Midwest Region opponents, particularly GLIAC teams. The Eagles also host GLIAC foe Wayne State University November 18 before traveling to Louisville, Kentucky, to take on GLIAC schools Grand Valley State University and Northern Michigan University in the Bellarmine Classic November 25-26.

A bout with former GLIAC and new Great Midwest Athletic Conference member Ohio Dominican University November 16 is included in the Eagles’ season-long four-game homestand to begin the year.

USI’s non-conference slate includes home games against NAIA opponents Harris-Stowe State University (December 16) and Grace College (December 31) and a road game at NCAA II Southeast Region finalist Lincoln Memorial University (December 19).

“We are excited about this year’s non-conference schedule,” Head Coach Rick Stein said. “These nine non-conference opponents combined to average just under 19 wins last season. To have seven strong in-region games, which includes three NCAA (Tournament) teams, is exactly what we’re trying to accomplish with this year’s schedule.”

A revamped conference schedule begins with a home game against GLVC East Division foe Lewis University November 30 and a road game at in-state and East Division rival University of Indianapolis December 2.

Due to the closure of Saint Joseph’s College, the GLVC now features three five-team divisions in 2017-18, including the East, West and Central Divisions.

USI plays a home-and-home series with each of the GLVC East Division institutions and plays one game against each team from the Central and West Divisions. In addition to USI, Indianapolis and Lewis, the East Division also is comprised of Bellarmine University and the University of Wisconsin-Parkside.

The GLVC Central Division includes the University of Illinois Springfield, Maryville University, McKendree University, the University of Missouri-St. Louis and Quincy University; while Drury University, Missouri S&T, Rockhurst University, Truman State University and William Jewell College make up the West Division.

After a month-long hiatus from GLVC play, USI resumes league action January 4 when it hosts Missouri-St. Louis at the PAC. The Eagles also play home games against Indianapolis (January 11), Missouri S&T (January 18), Truman State (January 20), UW-Parkside (January 25), Maryville (February 1), Quincy (February 3) and Bellarmine (February 10).

USI’s Play4Kay game is slated for February 1, while Homecoming is February 3 and Senior Night is February 10.

In addition to its trip to Indianapolis in December, USI plays conference road games against Drury (January 6), Bellarmine (January 15), McKendree (January 27), Illinois Springfield (February 8), William Jewell (February 15), Rockhurst (February 17), UW-Parkside (February 22) and Lewis (February 24).

The GLVC Tournament features eight teams this year and is scheduled for March 1-4 in Edwardsville, Illinois, while the NCAA II Midwest Region Tournament is March 9-12. The NCAA II Elite Eight is March 20-23 in Sioux Falls, South Dakota.

Not including USI’s exhibition at Kentucky, USI’s opponents posted a 454-341 (.571) overall record in 2016-17. Six opponents on USI’s regular-season slate advanced to the NCAA II Tournament a year ago, while 17 of the Eagles’ opponents made their respective conference tournaments last season.

USI posted a 24-5 overall record and was 16-2 in GLVC play a year ago. The Eagles won the GLVC East Division by three games last season, but a quarterfinal loss in the GLVC Tournament prevented the Eagles from advancing to the NCAA II Tournament.

 

 

Simon sues Starbucks in bid to block mass Teavana closings

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IL for www.theindianalawyer.com

In an unusual legal move, Simon Property Group Inc. has sued Starbucks Corp. over the coffee giant’s plan to close 78 Teavana stores in its malls across the country.

Indianapolis-based Simon, the country’s largest shopping mall operator, says in the lawsuit that Starbucks is breaching its leases by closing the Teavana stores and “shirking its contractual obligations at the expense of Simon’s shopping centers and the dozens of communities they serve and support.”

In the suit, filed Aug. 21 in Marion Superior Court, Simon said it is seeking temporary and permanent injunctions preventing Starbucks from closing the stores.

Seattle-based Starbucks announced July 27 that it planned to close all 379 of its Teavana stores in the next year, with most closures taking place in the spring of 2018.

Simon, though, said Starbucks recently indicated that it intends to close the stores no later than Dec. 31. The mall landlord said only two of its Teavana leases expire prior to the spring and the other 76 extend as far as January 2027.

“In order to successfully operate its shopping centers, Simon depends upon each tenant fulfilling the covenants in their respective leases,” the company said in its suit. “Crucially, each of Simon’s tenants promises that it will open and operate continuously for the entire term of its lease.”

In the Indianapolis area, Teavana operates at Circle Centre mall, the Fashion Mall at Keystone, Castleton Square Mall and Greenwood Park Mall.

In January 2013, Starbucks—then led by Howard Schultz—bought the Atlanta-based tea retailer for $620 million. At the time, Teavana had about 300 stores. Schultz predicted the business would swell in size and that his company “would do for tea what we did for coffee.”

In April, the same month Kevin Johnson took the helm as CEO, Starbucks said it was disappointed in the performance of the Teavana stores and was reviewing its options. Three months later, Johnson cited declining foot traffic in malls as a reason for closing the stores. With “that headwind and with all of the work we have done to reinvent the store, it just couldn’t overcome that,” Johnson said.

That comment didn’t sit well with Simon, which said in the lawsuit that it was intended “to deflect blame from itself and avoid adverse investor reaction.” Simon noted that just a year ago Starbucks had boasted that its tea business was growing rapidly.

In the lawsuit, Simon said it has seen a long line of retailers close mall stores in recent years because of “financial distress,” including Sears, Sports Authority, Gap, Ralph Lauren, Finish Line, Macy’s, Nine West, Rue 21, Jones New York, American Eagle and others.

“Those retailers, at least, claimed closure was necessary to avoid bankruptcy, and that staying open and fulfilling their leases would cause them financial ruin,” Simon said in the suit. “That obviously is not the case with Starbucks, which is one of the largest and most recognized companies in the world.”

Teavana isn’t losing money, Simon said in the suit—it just isn’t growing fast enough to fit into Starbucks’ business strategy.

Starbucks is a “thriving company” with a market capitalization of more than $80 billion that is coming off a record quarter in which it opened 575 net new stores, Simon said.

“Starbucks’ decision to close its Teavana stores is simply an effort to further increase its economic gains at the expense of others,” Simon said. “Starbucks does not contend that Simon breached any lease or that Starbucks cannot remain viable if it continues to honor its promises in its leases for stores in Simon’s shopping centers. Instead, Starbucks simply believes it can make more money if it violates the leases than if it honored its contractual promises and obligations.”

Supreme Court accepts resignations of 2 attorneys

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IL for www.theindianalwyer.com

Two attorneys are no longer practicing law in the Hoosier State after the Indiana Supreme Court accepted their resignations late last week.

On Thursday, the high court accepted the resignation of Elkhart attorney Anthony J. Iemma, then did the same for Richmond attorney Edward T. Kemp on Friday.  The order accepting Iemma’s resignation said he acknowledge there was a pending investigation or proceeding involving alleged misconduct that he could not defend himself against. Iemma’s entry on the Indiana Roll of Attorneys shows his resignation as the only disciplinary action against him.

Kemp’s entry, however, shows nine concluded disciplinary actions, including his resignation, a 2015 suspension, show cause orders and dismissals. According to the order accepting his resignation, the Indiana Supreme Court Disciplinary Commission entered a “Notice of Finding of Guilt and Request for Suspension” against Kemp on June 28, when it requested an interim suspension based on his conviction for theft. That request was denied as moot after Kemp tendered his resignation.

Both Iemma and Kemp can petition for reinstatement after five years, and any allegations of misconduct may be considered in the reinstatement process. In order to be reinstated, the attorneys must prove their remorse, rehabilitation and fitness to practice law. The costs of the proceedings were assessed against them.

In addition to accepting the resignations, the high court also imposed a 30-day active suspension Thursday against Fort Wayne attorney Kenneth A. Schenk, who has been convicted multiple times of operating a vehicle while intoxicated and has pleaded guilty to possession of marijuana. According to the disciplinary order, Schenk did not report his first two convictions to the commission. Schenk’s OWI prosecution has been deferred pending his completion of the Allen County Alcohol Deterrent Program.

The parties agreed Schenk violated Indiana Professional Conduct Rule 8.4(b) and Admission and Discipline Rule 23(11.1)(a)(2) (2016), and also agreed the appropriate discipline would be a 180-day suspension, with 30 days actively served. The remainder of the suspension will be stayed subject to the completion of at least 24 months of probation with monitoring by the Judges and Lawyers Assistance Program.

Schnek’s discipline also prohibits him from using alcohol or other mind-altering substances and requires him to report any violations of his probation to the commission. If he violates his probation, the stay on Schnek’s suspension may be vacated and he can be required to serve his suspension with or without automatic reinstatement.

Schnek’s suspension will begin on Oct. 5, and his probation will remain in effect until it is terminated pursuant to a petition filed under Admission and Discipline Rule 23(26). The costs of the proceedings are assessed against him.