Showing posts from May, 2024

An Indiana Employment Attorney's Take on the Nationwide Ban on Non-Compete Agreements

As a Fort Wayne, Indiana Employment Law Attorney , I often get contacted by employees or perspective employees seeking legal guidance with respect to a non-compete agreement they signed or one that they are being told to sign.   Generally speaking, Indiana courts disfavor non-compete agreements, however, the courts will uphold them if they drafted properly and aren't too overbroad. The employment law landscape is potentially changing with the United States Federal Trade Commissions' announcement of its Final Non-Compete Clause Rule in April 2024, which bans post-employment non-compete clauses between employers and employees. The ban is expected to become final in approximately August 2024.   Needless to say, my phone has been blowing up with calls from employment law clients in the Fort Wayne, Indiana area asking me questions about the FTC's ban and what impact it has on their non-compete agreements.  I'll attempt to try to address some of the frequently asked question

Indiana Dram Shop Act: Indiana Supreme Court Weighs in on Common Law Liability

Many clients who I represent in personal injury cases where they've been seriously injured in a motor vehicle crash in Indiana due to a drunk driver ask me "what's a dram shop?" They typically ask me that question because I've advised them they have a couple of potential claims: negligence claim against the drunk driver, underinsured or uninsured claim against their own auto insurance company, and/or a dram shop claim against the bar that allegedly overserved the drunk driver. In response to the question, "what's a dram shop?" my responses is usually something along the lines of, it's a bar (or the like) that sells alcohol. A "dram" is an old British unit measuring three fourths of a teaspoon. So, "dram shop" simply referred to a tavern, or the like, that served alcohol to thirsty patrons.  In Indiana bars (and the like) have been subject to criminal liability for various conduct. At the same time, Indiana bars (and the like)