Criminal Law

• Money Laundering
  With the information provided in a BOI report, the federal government hopes that it will be better able to combat bad actors that use the disguise of ‘legitimate businesses’ to foster their criminal activities, such as money laundering for terrorist activity, human trafficking and other financial criminal acts.

Business and Corporate Law

• Corporate Law
  To better avoid and prevent personal and entity liability, reporting companies should examine their governing documents (e.g., operating agreements, partnership agreements, shareholder agreements or bylaws) and ensure mechanisms are in place to accomplish the following...
• Mergers and Acquisitions
  On March 13, 2024, Governor Eric Holcomb signed Senate Enrolled Act 9 (“SEA 9”) into law, requiring advance reporting for certain mergers and acquisitions involving Indiana health care entities. Indiana joins a number of other states with similar reporting requirements, although the drafting of SEA 9 is in some ways broader than requirements in other states and the legislation raises a number of unanswered questions.
• Limited Liability Companies
  3 The type of ‘entities’ to which § 23-0.5-5-5(a) applies includes: corporations, benefit corporations, professional corporations, partnerships, limited partnerships, non-profit corporations, limited liability companies, and series limited liability companies.
• Intellectual Property
• Antitrust

Employment Law

• Employment Contract
  The second significant prohibition that the Statute imposes is that, beginning July 1, 2023, noncompete agreements are not enforceable if the employer terminates the physician’s employment without cause, the physician terminates his or her employment for cause, or the “physician’s employment contract has expired and the physician and the employer have fulfilled the obligations of the contract.” Ind. Code 25-22.5-5.5-2(b). The language of this provision is less than precise, and could well generate additional litigation in the future.
• Non-compete Agreement
  This summer, employers in all sectors planned for a seismic shift in the use of non-compete agreements to limit employees’ competitive post-employment conduct. In January 2023, the Federal Trade Commission (“FTC”) issued a proposed rule banning nearly all non-compete agreements as a violation of Section 5 of the FTC Act; the rule was scheduled to take effect on September 4, 2024.

Property Law

• Construction Litigation
  In the last installment of this series on mechanic’s liens in Indiana, Blake Holler and Chris Bloomer, attorneys in Krieg DeVault’s Construction Law Practice, provide a high-level overview to guide commercial clients on what to expect on their path to payment. As they explain to host

Trusts and Estates

• Estate Planning
  Connelly. This can be complicated, but Krieg DeVault’s estate planning professionals can help you and your business navigate the process.

Finance Law

• Bankruptcy
• Tax Law
  The State and Local Tax Reform Task Force will continue to look at property tax issues during this year’s interim study committees, as property taxes continue to increase for Hoosiers and after House and Senate Republicans were unable to come to agreement on various proposals made to provide property tax relief during this year’s legislative session. The Task Force, which is authorized through June of 2025, was also approved to study school districts’ use of debt and the possibility of capping the amount of operating referendum tax that school districts can levy, as well as possibly expanding the use of the petition and remonstrance process for local government projects. The Task Force will also consider whether to change the base tax rate for agricultural land, as projections show a significant increase in that rate coming soon based on historic averages. This committee’s work will be particularly important as the state will be crafting a new two-year budget during the 2025 legislative session.