Michael (Misha) Rabinowitch, a partner with Wooden & McLaughlin LLP, will have the opportunity to advance his community leadership interests as a member of Class XXXV of the Stanley K. Lacy Executive Leadership Series.

Rabinowitch is one of 25 young professionals to be accepted into the series, a highly competitive program that seeks to expand the ranks of community leaders by teaching and motivating members to address the needs of central Indiana.  “I am honored to have been chosen to participate in SKL, which has helped many of central Indiana’s most prominent leaders become more effective community leaders,” Rabinowitch said.  “It’s a wonderful opportunity to follow in their footsteps and hopefully make a lasting contribution to our region.”

Class members are chosen because of their significant community involvement and professional achievement; their demonstrated interest in community issues; a record of participation and achievement in voluntary community activities; and their willingness to expand their leadership role in the community.  “Congratulations to Misha Rabinowitch on his selection for the SKL Leadership Series,” said Roland Dorson, president of the Greater Indianapolis Chamber of Commerce, which operates the series. “  As an SKL graduate, I know that it is an honor to be chosen, but also a responsibility and commitment to improve our community.”

Dorson, a graduate of the series’ Class XIX, is moderator for Class XXXV.  To ensure that the series is timely and topical, each class’s moderator identifies aspects of broad economic and societal issues that are specific to central Indiana for the class to study.  Class XXXV will meet monthly from September through June.  Participants will interact with local leaders, professional experts and community decision makers to discuss issues such as the region’s quality of life, education and economic development.

For more information, contact:
Linda Kirby, Program Director     317.464.2226 or lkirby@indylink.com

About the Stanley K. Lacy Executive Leadership Series:  Formed in 1976, SKL informs and motivates emerging leaders and raises their awareness of community issues and sense of community trusteeship through seminars, tours, reading and interaction with experts, leaders and decision makers.  The series is named in honor of Stanley K. Lacy, an Indianapolis banker and active participant in civic projects, who died in a tragic automobile accident in 1973 at the age of 27.

About the Greater Indianapolis Chamber of Commerce:  Founded in 1890 by Colonel Eli Lilly and a group of Indianapolis business leaders, the Greater Indianapolis Chamber of Commerce is the voice of the central Indiana business community.  Today, with a membership of more than 4,000 businesses, the Indianapolis Chamber is still a voice of progress and improvement, bringing together businesses for a thriving community.  For more information on the Chamber, visit indychamber.com.

Ron Salatich and Kent Broach author article in Estate Planning Law IN Brief entitled "The Current Status of Federal Estate Tax Laws."  In this article, Ron and Kent whether there is any estate tax or generation-skipping tax in 2010.  They also discuss a change in carry-over basis and what might happen in 2011 if Congress does not step in.

Rob Inselberg authors Green Building Law IN Brief.  The article focuses on LEED certification challenges and decertification.  With huge sums of money being tied to project performance and obtaining a certain LEED rating, whether through tax breaks, bonuses or other financial incentives, what happens if something occurs that causes a project to have its LEED rating downgraded or even revoked. 

Who is responsible for the risks associated with the financial repercussions that may result from a downgrade or decertification of a project?  This article in Green Building Law IN Brief analyzes the LEED Certification Challenge Policy as it was applied to the recent first-of-its-kind third-party appeal of a LEED certification.  Please click on the link above to view the entire article.

Misha Rabinowitch had two articles published last week - one on issues surrounding the treatment of pregnant restaurant workers and another on the practice of law.  The first article was for the Indiana Restaurant Association.  The title of that article is "Pregnant Restaurant Staff: Are They Entitled to Special Treatment?."

Misha's second article was published in "The Indiana Lawyer."  The title of that article, written on behalf of the Defense Trial Counsel of Indiana, is "Practicing Law can be Gratifying, Even in Summertime." 

Greg Kult authored a new HR Alert on a variety of important and timely topics.  Some of the topics covered include:

• a large judgment for unequal pay;
• E-spying by the government;
• the need to pay for "volunteer" at-home work; and
• "grandfathered health plan coverage" considerations.

In order to read the entire alert, please click on "HR Alert."  Feel free to contact Greg or Misha Rabinowitch with any questions.

Greg Kult will be speaking about "Making Sense of the Department of Labor's Interpretation on Mortgage Loan Officers and the Fair Labor Standards Act" to the Indiana Mortgage Bankers Association in Indianapolis on July 13.  He will be conducting the same presentation in Ft. Wayne and South Bend on July 20. 

Some of the topics included in Greg's presentation include:

• DOL assumptions on Lending officers
• Who’s an exempt administrative employee
• Importance of job analysis
• Overtime, bonus and commission calculations
• Understanding misclassification liability
• Changing an employee’s status

Wooden & McLaughlin LLP has again been ranked among the top firms in a national report of U.S. lawyers and law firms.

In Chambers USA: A Guide to America's Leading Business Lawyers, Wooden & McLaughlin LLP ranked among the top Indiana law firms for Real Estate.  In addition, 4 Wooden & McLaughlin lawyers are individually recognized in the 2010 report in their respective practice areas.  The following partners are recognized in the 2010 guide:  for General Commercial Litigation – Douglas B. King, and for Real Estate – Thomas W. Dinwiddie, John W. Hamilton, and E. Joseph Kremp.

The guide, published by London-based Chambers and Partners, ranks lawyers and law firms in the practice areas based on the results of in-depth interviews with a vast range of lawyers and their clients (i.e., commercial users of legal services).

Greg Kult authored a new HR Alert on 1099s and government required pro-union "ads."  Feel free to contact Greg or Misha Rabinowitch with any questions.

Reprinted with permission.
IBJ Media 2010

Greg Kult recently published a "Voice from the Industry" article in the Indianapolis Business Journal's Banking and Finance Focus section in which he explains the potential significant liability exposure for improperly classifying mortgage loan officers under a new letter issued by the Department of Labor.  Click here to view the entire article.

Greg Kult, a partner practicing in the firm's employment and health care area,  has now read the entire Health Care Reform Act ( "Patient Protection and Affordable Care Act/Health Care and Education Reconciliation Act of 2010") several times.  In an effort to assist employers, Greg has summarized the Act into a handy reference guide.  Click here to look at the Employer's Reference Guide to Health Care Reform.

Greg Kult authored a new HR Alert on COBRA Extensions and HIRE Act update.  Feel free to contact Greg or Misha Rabinowitch with any questions.

James M. Boyers and Matthew J. Trainor article published by Defense Trial Counsel of Indiana.  Their article, "Who's on Deck and What's on First - Potential Issues for Excess Insurers in Long Term Environmental Contamination Cases," can be seen in its entirety by clicking here.

Jim and Matt identify several issues for umbrella or excess carriers that may affect potential coverage allocation, including the trigger of coverage and related issues such as horizontal versus vertical exhaustion of coverage, and potential contribution claims.  They considered certain issues in the context of published Indiana cases.  Their article is wrapped up by considering how Indiana courts may address other issues in the future based on decisions from other jurisdictions.

Greg Kult authored a new HR Alert - Health Care Reform:  A Fresh Look at Wellness Programs.  Feel free to contact Greg or Misha Rabinowitch with any questions.

Greg Kult and Misha Rabinowitch authored a new HR Alert on Indiana's "Bring Your Gun to Work" bill and the federal Hiring Incentives to Restore Employment Act ("HIRE Act").

Wooden & McLaughlin earned a regional marketing award in the category of Web Sites and Other Electronic Media for small firms at the 2010 Legal Marketing Association (LMA) Midwest Your Honor Awards program on February 25, 2010. The awards program was sponsored by the Wall Street Journal. 

The judges "appreciated the clean and crisp style adopted by this firm...in moving their Web site from its original iteration to a more contemporary look and feel."  "Messages were simple, direct, and effective," according to the judges.

"Being recognized by marketing professionals for the quality of the finished product is very rewarding," stated Steve Elsner, Chief Operating Officer at Wooden & McLaughlin.  "This project involved many people, but We could not have done it without the wonderful assistance provided by NineTwelve, a local company specializing in website designs and solutions," said Elsner.

The LMA Your Honor Awards recognize law firms that illustrate excellence in marketing and communications programs. LMA Midwest encompasses law firms in Indiana, Illinois, Michigan and Wisconsin.

Misha Rabinowitch and Rob Inselberg each made presentations at the Hoosier Hospitality Conference March 16 and 17.

Misha’s presentation was “Employment Law: Sharpening Your Skills – Handling Employee Complaints and Customer Claims of Foodborne Illness.”  He discussed how to investigate and resolve employee claims of discrimination and improper treatment, with particular emphasis on issues that arise in the restaurant industry.  He also reviewed proper procedures for handling customer claims of foodborne illness.

Rob’s presentation was “Hospitality Leasing Issues and Potential Impacts of Green Building Initiatives.”  He discussed leasing issues and provisions specific to the hospitality industry and why it is important to distinguish certain items in hospitality leases from standard language commonly found in retail and office leases.  He also helped attendees understand LEED and how the emergence of green building initiatives might effect the construction, leasing and operations of buildings as related to the hospitality industry.

On March 4, 2010, Greg Kult  spoke to the Indiana Society for Healthcare Human Resources Administration (Spring Conference.  “Why Can’t We Be Friends? (and other vexing questions by healthcare managers regarding employee use of social media)," was the presentation.

Kent M. Broach, Michael C. Cook, Thomas W. Dinwiddie, Thomas M. Hanahan, Douglas B. King, John D. Nell, and Daniel D. Trachtman have all been named 2010 Indiana Super Lawyers by Law & Politics.  In addition, the magazine has named Matthew M. Adolay, Blaire M. Henley, and Robert F. Inselberg as "Indiana Rising Stars" 2010.  The magazine lists outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

Wooden & McLaughlin is pleased to announce that Robert F. Inselberg has achieved LEED accreditation.  Rob is one of the first Indiana attorneys to obtain professional accreditation from the U.S. Green Building Council as a LEED Green Associate.  This designation demonstrates core knowledge of green building principles and practices and the LEED Green Building Rating System for the support of sustainable design, construction and operation of buildings and neighborhoods. 

Rob practice focuses on various aspects of real estate, finance and corporate law.  In 2009 and 2010, Rob was selected as an “Indiana Super Lawyers Rising Star” in the field of Real Estate Law.  Candidates for Rising Stars must be 40 years old or younger and have been in practice for 10 years or less and are selected following peer nomination and an independent research process conducted by Law and Politics Magazine.

Activity at the Indiana Statehouse during the General Assembly’s short session that began on January 4, 2010, has been fast and furious and several Wooden & McLaughlin attorneys have been actively engaged on behalf of causes important to firm clients. 

Mortgage Lending/Real Estate

On behalf of the Indiana Mortgage Bankers Association, Tom Dinwiddie testified three times before the House Financial Institutions Committee and once before the Senate Financial Institutions Committee regarding four different mortgage lending bills. Tom also testified before the House Labor and Employment Committee on behalf of the Building Owner's and Managers Association regarding mechanic's lien legislation. 

John Hamilton testified before the House Committee on Courts and Criminal Code on behalf of the Indiana Apartment Association regarding landlord tenant issues.

Litigation

Doug King testified before the House Labor and Employment Committee on behalf of the Defense Trial Counsel of Indiana (DTCI) in opposition to HB 1128 that would effectively eviscerate the ten-year repose protection currently provided in Indiana to asbestos litigation manufacturers, contractors and premises owners. 

Misha Rabinowitch, serving in his capacity as DTCI’s Legislative Chair, oversaw DTCI’s legislative initiative, including opposition to a revision to Indiana’s collateral source rule (HB1255) that, if passed, would permit plaintiffs to offer evidence of medical bills not actually paid as evidence of special damages. 

Wooden & McLaughlin LLP is pleased to announce the addition of a new associate.  Matthew J. Trainor, born in Mishawaka, Indiana, received his B.A. , summa cum laude, in Criminal Justice and Spanish from Indiana University in 2005 and his J.D., cum laude, from the University of Notre Dame School of Law  in 2009.   Matthew is practicing in the firm’s litigation and toxic tort defense practice areas.

Thomas Hanahan's article, "Reconsidering Completion Guaranties," was published in the September issue of ALI-ABA's The Practical Real Estate Lawyer.   Thomas M. Hanahan, a partner at Wooden & McLaughlin, has over 23 years of experience with commercial real estate development and finance and loan restructurings and workouts.  Tom has been involved in real estate projects located in 25 states. 

The Indiana Supreme Court affirms summary judgment in favor of a group of plastic medicine cup manufacturers in a wrongful death case.   John D. Nell,  Maureen Ward, and Matthew Adolay were attorneys for Premium Plastics, Inc.

For the complete opinion, please click here.

Blaire Henley's article, "Was It Something I Ate?  Helping Indiana Defense Practitioners Stay in Front of Food Liability Litigation," was published in Indiana Civil Litigation Review by Defense Trial Counsel of Indiana.  Blaire M. Henley is an associate at Wooden & McLaughlin LLP and a member of the Defense Trial Counsel of Indiana.  She focuses her practice on civil litigation, particularly the areas of environmental coverage, toxic torts, and commercial matters. 

Wooden & McLaughlin represents many members of the food and hospitality industry.  Jim Boyers and Matt Adolay assisted with the article.

Blaire Henley's article entitled "Foodborne Illness Claims Likely To Rise:  Proactive Steps to Minimize Risk" was published in July 18 -21 edition of the Indiana Lawyer.   Blaire M. Henley is an associate at Wooden & McLaughlin LLP.  She focuses her practice on civil litigation, particularly the areas of environmental coverage, toxic torts, and commercial matters.  For more information, feel free to call Blaire at 317-639-6151 or via email at bhenley@woodmclaw.com. 

Timothy Hightower recently delivered a presentation to the South Central Indiana Mortgage Bankers Association, a group that included mortgage lenders, mortgage brokers, title insurance professionals and other professionals from within the mortgage lending industry.  In his presentation, Tim discussed new provisons and recent amendments to Regulation Z of the Board of Governors of the Federal Reserve System, which was implemented by the Truth in Lending Act.  He also  included an analysis and discussion of the recently created "Higher-Priced Mortgage Loan."   For more information, you may contact Timothy Hightower.

The firm is pleased to welcome Pete Gundy and Chris Schenkel as summer associates.  Pete is from Indianapolis.  He attended Brebeuf Jesuit Prepartory School before heading to the College of Holy Cross where he received his B.A. in English.  He recently completed his second year at Indiana University's Maurer School of Law in Bloomington.

Chris is from Ft. Wayne.  He attended the University of Notre Dame where he received his B.S. in Business Administration and recently completed his second year at the University of Notre Dame Law School.

For twenty years, Chambers has published leading directories of the legal profession. “They have 100 full-time researchers who interview thousands of lawyers and their clients around the world. This intensive, continuous research identifies the world’s leading lawyers and law firms – those which perform best according to the criteria most valued by clients."   No lawyer can buy his way into their rankings.  The firm is pleased to announce that for 2009,  Thomas W. Dinwiddie, John W. Hamilton, and E. Joeseph Kremp are ranked in the real estate area and Douglass B. King and Daniel D. Trachtman are ranked in the litigation area.

Douglas B. King and Jamie A. Young presented "A Unified Front on Tort Reform" at the 2009 Annual Conference of the Council on Litigation Management.  The presentation focused on how tort reform affects risk allocation and analysis, and which initiatives create greater overall fairness in our legal system.  To view the PowerPoint slides from the presentation, click here.  For more information, contact Jamie A. Young.

Wooden & McLaughlin is pleased to announce that several of its attorneys have been named as Indiana Super Lawyers. Kent M. Broach, Michael C. Cook, Thomas W. Dinwiddie, Thomas M. Hanahan, Douglas B. King, John D. Nell, and Daniel D. Trachtman have all been named in the 2009 Indiana Super Lawyers listings published by Law & Politics. In addition, Jamie A. Young and Robert F. Inselberg have been named by the magazine as Indiana Rising Stars 2009. The magazine lists outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

Douglas B. King and Jamie A. Young spoke to the Indiana Medical Device Manufacturers Council on January 29, 2009 regarding important and developing legal issues affecting device manufacturers in the state.  For more information, contact Douglas B. King or Jamie A. Young.

Wooden & McLaughlin LLP is happy to announce that Gregory P. Kult has joined the firm as a partner. Greg counsels, trains and represents employers in a wide variety of employment matters.

Greg was born in Milwaukee, Wisconsin. He graduated from Indiana University-Bloomington as a member of the Phi Beta Kappa honor society and from the University of Wisconsin-Madison Law School. He developed his passion for representing employers in employment matters while working as a law clerk for an established labor law firm in Milwaukee. Following his graduation from Law School, he furthered his commitment to meeting the employment needs of employers during his years as an attorney.

Greg is a member of the American, Indiana and Wisconsin Bar Associations, the Society for Human Resource Management (SHRM) and the American Society for Healthcare Human Resources Administration (ASHHRA).

Wooden & McLaughlin LLP is pleased to announce the addition of two new associates.

Michael A. Valinetz, born in Indianapolis, Indiana, received his B.A. in Economic and Political Science from Indiana University in 2005 and his J.D. cum laude from the Indiana University School of Law -Indianapolis in 2008. Mike is practicing in the firm’s real estate, environmental and business practice areas.

Travis R. Smith, born in Crown Point, Indiana, received his B.S. in Chemistry from Indiana University in 2004 and his J.D., cum laude, from Indiana University School of Law - Bloomington in 2008. Travis is practicing in the firm’s litigation and toxic tort defense practice areas.

Wooden & McLaughlin is proud to announce that three of its real estate attorneys have been ranked among the top real estate attorneys in Indiana in the Chambers USA Directory. The guide, published by London-based Chambers and Partners, ranks lawyers and law firms based on the results of in-depth interviews with leading private practice attorneys and key in-house counsel. Rankings factor the strengths and reputations of U.S. lawyers by firm.

Those attorneys listed include:

• Thomas W. Dinwiddie;
• John W. Hamilton; and
• E. Joseph Kremp.

Wooden & McLaughlin is pleased to announce that it has become a member of the Counsel on Litigation Management, an organization for improving the practice of litigation management by advancing ethics, cooperation and education. Douglas B. King was nominated for inclusion in this organization and is the firm’s representative to the organization. Doug obtained his undergraduate degree from Butler University in 1973 and his JD, summa cum laude, in 1976. He has been involved in numerous published decisions and is a member of several bar associations. He is a Fellow of the American College of Trial Lawyers and a former Indiana Defense Lawyer of the Year as determined by Defense Trial Council of Indiana.