Indiana’s Security Deposit Law
Posted on | February 26, 2009 | 2 Comments
Question from one of Matt’s readers-
“Dear Mr. Griffith,
I rented an apartment in West Lafayette IN for six months and the lease ended on DEC 31, 2008. I had vacated the apartment on DEC 22, 2008 and left the keys and forwarding address with the landlord. Does the 45 days count from the date my lease ends or the date I left the forwarding address? I will appreciate your response.
Thanks,
S.A.”
Matt’s Answer-
Your question concerns Indiana’s security deposit statute, also known as the 45-Day Letter Rule. Most states have a similar rule. The 45-Day Letter Rule governs how a landlord of a residential property must handle the tenant’s security deposit after the lease is terminated.
In Indiana, the 45-day triggering event is the date the landlord regains possession. For you, that would be the date you returned the keys.
The statute requires the landlord to provide you (via US mail is acceptable) with an itemized list of any damages, which can include unpaid rent, and the balance of your security deposit, if any.
I represent far, far more landlords and property managers than tenants. So, I can say with great confidence that the 45-Day Letter Rule is not well understood or even known by most landlords. In fact, when I speak at the “Ask Matt” portion of the monthly meetings for CIREIA, I often ask how many attendees (real estate investors) do not know about the 45-Day Letter, and there are no fewer than 10 hands raised each time.
For more information on this law, visit the "Ask Matt" page at CIREIA’s website- http://www.cireia.org/clubportal/ClubStatic.cfm?clubID=1507&pubmenuoptID=21366
Another question from one of Matt’s readers
"I was at the CIREIA meeting tues. and had a few questions about the 45 day rule.
1. Does it apply to section 8 also?
2.Does this also apply to section 8 unpaid utilities and any damages after they move out?
Thanks for your time,
B.H."
Matt’s Answer-
The 45-Day Letter Rule applies whenever any landlord takes any "security deposit" from any residential tenant in Indiana.
A "security deposit" is anything beyond the first month’s rent. So, if you take the first and last months’ rent, you have a security deposit in the form of the last month’s rent.
What’s CIREIA?

It is the Central Indiana Real Estate Investors Association. I’ve been its Legal Affairs Chairman for more than 15 years. For more information on CIREIA, go to its website- CIREIA’s Website. If you are serious about owning investment real estate in Indiana, you should be a member of CIREIA. Joining CIREIA for $150/year- that’s a “no-brainer.”
.
Tags: 45 day letter > attorney > CIREIA > court > damages > Indiana > Real Estate > real estate investor > security deposit > tenant
Far Too Little Stimulus for Small Business
Posted on | February 19, 2009 | No Comments
I don’t like to “copy and paste” content from other business thinkers into my blog. I do borrow, meld, mix and reshape ideas I learn from other people, but try to add some original thought in everything I write and say.
Here’s a rare exception.
If you care about small business or our economy, you have to read this blog post by Dennis Romero on Entrepreneur.com-
Entrepreneurs Not Feeling Stimulated
Tags: attorney > economic growth > Economy > entrepreneur > Indianapolis > Small Business > stimulus > tax breaks > tax deductions > taxes
Piercing the Corporate Veil/Shield
Posted on | February 17, 2009 | 1 Comment
The single greatest advantage to operating a business as a corporation is that the owners of the business protect their personal assets from the corporation’s creditors. Incorporation creates a fictional “shield” or “veil” between the corporation’s owners and its creditors. Generally, incorporation protects its owners from personal liability and limits an owner’s risks to the loss of his or her investment in the corporation.
Unfortunately, many business owners form a corporation but fail to take the necessary steps to maintain the integrity of the corporation. Even worse, owners will blur the distinction between their personal affairs and the corporation’s business. The consequences are that the corporate veil can be “pierced”, and an owner may be subjected to personal liability by the corporation’s creditors.
Maintaining the corporate veil is not difficult, but it does require some simple tasks completed and vigilance. Here is a partial list of tasks which should be completed in order to maintain the integrity of the corporate veil:
1. Never commingle personal and corporate finances. Never pay personal expenses with corporate funds.
2. Corporate officers should always execute documents in their corporate capacity. For example, sign documents as “John Doe, As President of ABC Corporation.”
3. Hold annual meetings of shareholders to elect directors.
4. Hold annual meetings of directors to select officers.
5. Create and maintain a corporate record book, which should include minutes of all corporate meetings.
6. Prepare and adopt good Articles of Incorporation and By-Laws.
7. File biennial reports with the Secretary of State.
8. Register all assumed business names with the Secretary of State and appropriate county recorders.
This list is certainly not exhaustive, but completing these tasks will greatly help preserve the protections afforded to business owners by incorporation.
Go see your lawyer for help help in reviewing your present corporate documents. Make any necessary changes to those documents. Prepare notices and minutes of meetings. Do all this and more ASAP.
Tags: Asset Protection > attorney > corporation > court > damages > dispute > Indiana > lawsuit > liability > limited liability > llc > partnership
LLC’s, Charging Orders & Judgment Liens
Posted on | February 17, 2009 | No Comments
Question from one of Matt’s readers-
“A residential rental property is owned by a single member LLC. The tenant files a frivolous lawsuit and wins. The amount of damage awarded to the tenant exceeds the amount covered by the liability insurance on the property. What are all the possible ramifications to the property, the single member LLC that owns the property in question or the natural person who is the single member of the LLC? Charging order, lose ownership of the property, lose ownership of other assets owned by the LLC, etc.?
Thanks Matt”
Matt’s Answer-
What a great question. There are several issues here. I’ll take them in chunks.
FRIVOLOUS LAWSUIT
I’m going to assume that your case was in a small claims court, even though you didn’t say that. Crazy things happen in Small Claims Courts. The level of “lawyering” and judging is often not as high as it is in superior and circuit courts. There are exceptions, of course. But, your case shows why we have appellate courts to fix what lower courts screwed up.
Appeal!
In Marion County, Indiana, appeals from the Small Claims Courts go to the Superior or Circuit Courts. In Marion County, you get a fresh start. . . a new trial. The Small Claims Court judgment is vacated. You start over and get a chance to get the case determination right. So, my first response is: Appeal! That’s an easy solution to all your problems.
INSURANCE
Secondly, ask your insurance agent why you’re not fully insured! Should you be suing your insurance agent for malpractice? Maybe the insurance agent’s Errors & Omissions coverage is your solution.
On a side note, I’d encourage you to learn how to communicate properly with insurance agents. There are specific things you should do in order to develop the right Insurance Plan for your business, and I can share those techniques with you in another article or during a consultation.
JUDGMENT LIENS
When a judgment is entered by a court of record in an Indiana county, a lien is automatically created against any real property owned in the same county. If the judgment-defendant has real property in other counties, those properties are not impacted. However, a judgment in “County A” can be “recorded” in “County B.” At that point, the judgment is a lien on real property owned by the judgment-defendant in both counties.
Importantly, judgment liens apply not only to the subject property but to ANY real property owned by the judgment-defendant.
PERSONAL LIABILITY
If I understand your facts, there is no judgment against the LLC owner, just the LLC. In that case, there should be no collection efforts against the LLC owner. A plaintiff cannot collect a judgment issued against an LLC from the assets of the LLC’s owner. So, the owner (you) should not be concerned about a charging order. Actually, charging orders are a good thing, in a sense (read on).
Some of you might be asking: “What’s a charging order?”
A charging order only applies to LLC’s, not corporations. A charging order is an order that requires the LLC to pay to the plaintiff any monies that would be distributed from the LLC to the owner. There must be a judgment against the owner, before a charging order could be issued. Charging orders are the only remedy a plaintiff would have to collect from the ownership interests a judgment-defendant would have in an LLC. So, in other words, a plaintiff cannot acquire an owner’s ownership interests in an LLC. By contrast, a plaintiff can acquire a judgment-defendant’s stock in a corporation.
Why do the courts distinguish between corporations and LLC’s in this area of the law?
The rationale is that LLC’s are partnerships and that a plaintiff should not be permitted to become someone’s partner. So, if A and B are partners in an LLC, and C gets a judgment against B, C should not be able to enforce the judgment to become A’s partner. A has the right to chose his partners. He picked B, not C, to form a partnership. C could get a charging order against the LLC and collect any monies that would be distributed from the LLC to B. If A and B owned a corporation together, then C could acquire B’s stock and become a co-owner with B.
Back to your situation. . . the law concerning charging orders is irrelevant to your situation for the reasons I described above. What you have at risk is your equity in the LLC. You cannot do much about the equity you have in the LLC at this point, now that the judgment was entered. Any transfers of equity you were to make now could be considered “fraudulent transfers.” And that is an entirely separate topic for another article.
THE LESSON(S) HERE-
Call your attorney. You lost a lawsuit, and probably did not have a good attorney with you in court! You saved the cost of having an attorney in court, but at what greater cost? Was it worth it?
Appeal bad decisions.
Learn how to communicate with your insurance agent to develop the right Insurance Plan.
Plan. Planning is an activity that occurs in advance. I’m not sure from your short question what your Asset Protection Plan includes. Clearly, planning is important, as your situation reveals.
Tags: Asset Protection > attorney > charging order > corporation > court > damages > fraudulent transfer > Indiana > Indianapolis > Insurance > lawsuit > liability > limited liability > llc > llc's > marion county > partnership > tenant
How Do I Resolve A Dispute?
Posted on | February 16, 2009 | No Comments
The best way to resolve a dispute is to AVOID disputes in the first place! Seriously. Think about it.
Lawyers spend as much or more time resolving disputes than they do preventing them. The cynic in me thinks that lawyers prefer lawsuits, because lawsuits are time consuming and generate more fees for lawyers. When a client gets sued, the client has few options- settle on unfavorable terms, bankruptcy or fight the lawsuit. There are costs associated with each of these three options.
There is a better way. . . well drafted and implemented contracts and legal forms.
Sadly, many clients do not want to pay a lawyer for the time it actually takes to create a good contract. Yet, a good contract is like insurance, in that sense that you can pass on liabilities and risks to another person through contracts. Actually, insurance is a contract between you and the insurer. A good B2B or B2C contract transfers risks from your business to another business or your customer, much like insurance.
Best of all, contracts set expectations. Everyone signing a good contract knows what the result of a lawsuit will likely be, resulting in fewer reasons to file lawsuits. Think about this- Why would you defend a lawsuit, if you knew you were going to lose in court? If your contract tells you that you’re going to lose, then settle and write a better contract next time.
The difficult lawsuits are those where (1) there is a bad contract in place or (2) the facts are uncertain. Those are the cases that should go to court.
However, before you run to the courthouse, consider four other ways to resolve a dispute:
1. Try it again. Reformulate the relationship by drafting a new contract to replace the one you signed. Presumably, you and your “opponent” wanted to do business together when you signed the first contract. If the contract form you signed was poorly written, consider efforts to save the relationship and sign the contract you wanted from the beginning. If all trust is lost, then this option won’t work.
2. Try talking. Try settlement negotiations with or without your lawyers present. It is amazing how easy it is to resolve disputes over a cup or coffee or a beer. Try it.
3. Mediation. This is a process available before or after a lawsuit is filed. A mediator is hired to assist you in negotiating a settlement. The process depends on the willingness of the parties to settle. Note that the rules governing mediation differ depending on whether mediation is done before or after a lawsuit is filed.
4. Arbitration. Essentially, you hire a private judge. The advantage of arbitration is that it is faster and cheaper than going to court.
In a future blog, I’ll talk about these four options in more detail. There is an article on arbitration clauses in contracts on my law firm’s website- www.indiana-attorneys.com.
Tags: Add new tag > attorney > corporation > dispute > Indiana > Indianapolis > lawsuit > liability > llc's > partnership
Supply, Demand & Economic Recovery
Posted on | February 15, 2009 | 1 Comment
Question from one of Matt’s readers: “When should I start buying real estate again? When will the market rebound?”
Matt’s Answer: No one can tell you when the real estate market will rebound. There is not one expert who knows for sure. No one can accurately say that it will happen in early 2009, late this year or 18 months from now. There are millions of variables, and no one can truly predict the future.
However, I can tell you what will precede increases in market prices. It is actually quite easy, and a trained eyed or observant student will know when things are getting better.
If you have never studied economics, this article might not help you. If you have never studied economics, do so. Buy a book- Economics for Idiots or something akin to that. Take an adult continuing education class. Get your MBA. I do not care how you learn about economics, but learn it. Economics is that important. There is a reason why micro-economics is a first semester class in virtually every business school and business program in this country. If you are in business, you better understand economics.
Here is where economic study begins, with the supply and demand curves:
Supply has outpaced demand. Cheap land. Cheap credit. Questionable lending practices. Low unemployment. Low inflation. These and other factors contributed to irrational exuberance in home construction a few years ago. As the supply curve for homes shifted (to the right from S0 to S1), the price of homes dropped and the quantity increased. It is, frankly, that simple. We have a huge number of homes on the market. There are more homes than people. Central Indiana, where I live, is no exception. In Marion County, Indiana, the number of new building permits in the past few years far exceeded Census data showing population growth during the same period. Literally, builders built more homes than people to live in those homes.
Kaboom! The bubble burst, and credit for home buyers became more difficult to acquire and more expensive. All of a sudden, that excess inventory of homes became a big problem. But, you cannot shift the supply curve for houses without purchasers or fires or floods or something else to shift the curve (to the left). There are only two ways to increase prices. Either demand increases, or supply decreases. So, existing homes must be destroyed somehow, or someone buys some of them. The former would shift the curve, while the latter might only constitute an increase in the quantity demanded. Prices would remain low, below the original equilibrium price, until demand increased significantly. In either event, prices would increase, and the excess inventory would be absorbed to some degree.
What would shift the demand curve to maintain high quantities and higher prices? The only thing I can think of is more immigration. If we changed immigration policies and allowed millions to move here (assuming they had cash or credit to buy homes), the demand curve would shift such that high quantities and prices would result. As that is not likely to happen any time soon, this is going to be a slow recovery. And, the only way for prices to increase without maintaining high inventories is for supply to shrink.
There is another way, of course. We could return to the days of really cheap credit, low loan standards, high appraisals (based on the theory that real estate prices always rise), etc. That’s what got us in this mess, but it may be the only solution. We need more buyers in the market, and we need to create incentives for buyers to reduce existing inventories, before we encourage more new home construction. The stimulus bill that Congress just passed does not create the right incentives for buyers to take up existing home inventories.
So, how will you know when prices have reached the bottom and will start to rise? That’s easy- when the excess inventory starts to drop for one or more reasons. Let’s not hope for a flood. Rather, let’s hope that more buyers enter the market. If interest rates stay low, and unemployment levels, the inventory will start to be absorbed. That is, unless builders start saturating the market with more house again.
So, watch the inventory. Traditionally, prices follow reductions in inventory six months later. In other words, when inventory consistently and significantly drops for periods of six to nine months, prices rise six months in arrears to that trend. So far, inventories across the nation and in Indiana especially remain at historical highs. Many economists believe we have 11 months of inventory right now, without another home being built. This assumes no dramatic changes in market conditions- interest rates, employment rates, etc.
Again, keep watching the inventory numbers. I personally plan to start buying when I see consistent drops in inventories over a period of months. That is when I will know that price increases will follow. If home builders react by flooding the market with inventory, we will be right back here again. The perfect solution is slow building growth for 12 to 18 months with a modest rise in interest rates to discourage builders from saturating the market. That will be a slow process, however. Until then, consider buying rentals.
Buy-Sell Agreements- If you have a business partner, you should have a partnership agreement.
Posted on | February 13, 2009 | Comments Off
A buy-sell agreement (“BSA”) is a great document. BSA’s can be used for corporations, limited liability companies and partnerships. Often, a BSA is embedded in the Operating Agreement of an LLC or the Partnership Agreement of a general, limited or limited liability partnership. The form of a BSA is far less important than are its contents. So, don’t get confused by the name of the agreement. Rather, consider the purpose and content of a BSA. I’ll write about the substance of BSA’s in a future blog. Here, I want you to consider WHY you should consider a BSA for your business partnership.
BSA’s serve several important purposes, such as these:
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A BSA can prevent disputes over control of a company.
HOW? A well-written BSA establishes when and how one owner may or must buy the ownership of another owner. If disputing owners know the outcome of their power struggle, they are less like to fight. The end result is already decided. Generally, people fight, when they believe they can make gains through the process. BSA’s reduce the opportunities to gain through struggle, and thus reduce disputes/lawsuits.
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A BSA creates a market for your ownership interests.
HOW? There is no market to sell partial ownership interests in most small companies. There is no stock exchange for such “closely-held” companies. A BSA can create a market by requiring one owner to buy the other owner’s shares under certain circumstances, which we call “triggering events.”
“Triggering events” are bad things that can happen to any business owner. The key triggering events are:
- The death of an owner.
- Marital divorce.
- The disability of an owner.
- Unwillingness of an owner to continue the business. I call this “disinterest.”
- Retirement by an owner.
- Dissolution of the company.
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A BSA can further your Asset Protection Plan.
HOW? Under certain circumstances, a BSA can make it extremely difficult for the creditors of an company to get at the ownership interests of an owner.
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A BSA enables you to keep your company longer.
HOW? If your partner “triggers” your buy-sell agreement, you can agree in the BSA to a payment plan. So, in other words, if you have to pay $80,000 to buy your partner’s ownership interests, the BSA can provide for terms. Typically, you agree to a down-payment, a modest interest rate on the balance and payments over time. That enables the “buying” owner to keep the business going, rather than being forced to sell the company or key company assets. Having to buy-out your partner is an extraordinary expense. A BSA can make those payments manageable.
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Much, much more.
There are other advantages to BSA’s. There are also disadvantages. Whether a BSA is right for you depends on a number of factors. Your CPA and attorney can help you determine if and how a BSA should be used.
Tags: agreement > Asset Protection > attorney > buy-sell > corporation > dispute > Indiana > Indianapolis > lawsuit > liability > llc > partnership
Good Customer Service = Good Legal Strategy
Posted on | February 10, 2009 | 2 Comments
Chris Brogan posted a story on how well his friend was treated by SanDisk when her mp3 player broke- http://www.chrisbrogan.com/guest-post-the-sandisk-story/. After you read Chris’ blog, come back here and finish reading this blog entry.
Very few lawyers talk about customer service or quality assurance programs for their business clients. That’s a shame, because happy customers aren’t going to sue you or your company. So, shouldn’t lawyers teach their clients ways to make customers happy without (1) incurring other liability risks or (2) bankrupting the company?
Developing systematic ways to field and address customer complaints reduces the risk of getting sued for breach of contract, breach of warranty, products liability and even negligence. Make your customers and clients happy, and you’ll make more money and get sued less often. It’s that simple.
The client is NOT always right. However, you should endeavor to make every customer FEEL like the customer was not wrong. Angry customers are not simply liability risks. Unhappy customers influence other potential or actual or angry customers. In a small town, people talk, and negativity about your business can spread fast. Ask any restaurant owner/manager if that’s true or not. For large companies, blogs and chat rooms are where bad will for your company, product or service spreads and spreads fast. You might lose future business, if an angry customer publicly trashes your services, products or company. Additionally, unhappy customers encourage other unhappy customers to take action against you. There is a negative snow ball effect in play here, and that can translate to claims and lawsuits.
Study how Dell Computers got trashed on blogs and chat rooms for years, until it discovered how to turn all those customer questions and concerns into (1) ways to improve its products and operations, (2) cross-market other products and services and (3) neutralize disappointed customers. Dell’s story is another good example of how to identify unhappy customers and turn negatives into positives. Obviously, you can’t make an unhappy customer happy, if your angry customers can’t be identified and have no way to interact with your company. So, what are you doing to survey customer satisfaction? No, seriously- WHAT ARE YOU DOING ABOUT THIS?
If a customer slips and falls in your store or office, go out of your way to make that customer happy, without admitting fault. An angry customer with a twisted ankle is far more likely to sue you than a pampered customer with a twisted ankle. So, call a doctor. Get some ice. Send an employee for a bottle of pain reliever. Move a cushioned chair from the back room to make the customer comfortable. Comp a meal. Waive a fee. Offer a free service. Ask what the customer wants. Show concern and compassion. Assign a key manager to stay by the customer’s side until the situation is resolved. Etc., etc., etc.
It wouldn’t hurt to call your business advisor, coach or lawyer while the customer is still in the store for additional ideas.
It’s that easy.
In a future blog, I’ll describe how to develop a plan to make customers happy and angry customers less likely to file claims. They key is to systematize dispute resolution processes at all levels of your business operations. Avoiding lawsuits starts with your lowest ranking employee. Business systems make it possible to ensure even the lowest ranking employee is a great tool in making potential lawsuits disappear and happy customers return.
Tags: Asset Protection > attorney > court > damages > Indiana > Indianapolis > lawsuit > liability > limited liability
Make sure you get paid on every transaction.
Posted on | February 5, 2009 | 4 Comments
Times are tough. Now more than ever, you need to make sure that you get paid for every product and service you provide. Make no mistake about it- your clients and customers are watching THEIR cash flow closer today than in many years past. So, you need to make sure that your customers’ cash flow difficulties don’t become your accounts receivable problems.
Every business has experienced some difficulty in getting paid at one point or another, and many business plans are formed with the presumption that a certain percentage of the business’ accounts receivable will go uncollected. The problem of collecting accounts receivable is not usually the cause of a business’ failure, as more businesses fail from undercapitalization. However, collections problems can prevent a business from growing and will always negatively affect the business’ profitability.
So, how do you avoid the risks that an account receivable will become uncollectible? As is usually the case, preventing the problem from occurring is far less costly than curing the problem once a client or customer fails or refuses to pay you for your goods and services. Try following these basic collections rules.
Get It In Writing.
Have signed contracts and forms. Any change in terms should also be in writing and signed.
Get Paid In Advance.
You should require substantial deposits and down payments before you begin ordering parts or using materials. And you should require payment-in-full before you begin performing services or relinquish control of your property.
If You Don’t Get Paid In Advance, Get Security.
This rule does not apply to leasing agreements or the simple cash transaction such as the sale of a dozen doughnuts. In larger transactions, particular those involving the sale of moveable personal property and real estate, the seller should demand a security interest in something of value. A mortgage, a recorded land contract, a mechanic’s lien and a lien on personal property are familiar examples of security interests.
If The Customer is Credit Risky, Demand A Guarantee.
If you fear that a customer is a credit risk, ask for the signature of a guarantor who promises to pay the customer’s debt to you in the event the customer does not. Remember, however, that the guarantee is only as good as the guarantor is creditworthy. An owner of a business is the natural person to guarantee the debt of his or her own company.
If Your Contract Does Not Allow For Collection Costs,
You Cannot Get Them.
The “American Rule” is that litigants pay their own attorneys’ fees. So, if you must retain an attorney to collect a debt, you will pay the attorneys’ fees and most other collections costs. The exceptions to the American Rule are the existence of a written contract allowing the recovery of attorneys’ fees, a statute allowing such recovery; or the assertion of a frivolous, unreasonable or groundless claim or defense. The easy solution to the American Rule is to include a provision in your contracts allowing YOU to recover your attorneys’ fees, collections and court costs. Your customers should not have the same right to recover against you.
The Check Is Never Truly In The Mail.
The lesson here is to begin legal proceedings as soon as possible and not to delay in collecting your money or retrieving your property.
Call Your Lawyer Early.
As a final suggestion, consult your attorneys as soon as you suspect difficulty in collecting a debt. Often a stern letter from an attorney on a law firm’s letterhead can have a dramatic effect on a delinquent customer. You also should consider consulting your attorneys to review your entire billing and collections processes. A good lawyer does his/her best work before problems arise. I have assisted businesses whose agreements, leases and other forms were outdated or lacking important provisions which would allow the business to pursue additional remedies against a delinquent customer. That’s when I’m most effective- in preventing problems rather than solving them.
For a more detailed version of this article/blog, go to my law firm’s website: http://www.indiana-attorneys.com/articles_news/index.htm
Tags: A/R's > Accounts receivable > attorney > Collections > damages > Economy > Indiana > Indianapolis > lawsuit
Are Covenants Not to Compete Really Enforceable?
Posted on | February 2, 2009 | 1 Comment
READER’S QUESTION: Are Covenants Not to Compete Really Enforceable?
MATT’S ANSWER: Yes. In most states. In Indiana for sure. In most cases. If “reasonable.”
There is a huge misperception that covenants not to compete (“restrictive covenants”) are unenforceable. I hear that all the time.
Where do people get such bad legal information so often?
Restrictive covenants are enforceable in Indiana and many other states, if “reasonable.” The courts have defined “reasonable” to mean limited: (1) in the time or duration of the restrictive period; (2) in the geographic range or area and (3) to activities likely to protect a legitimate business asset or interest. So, for example, if a truck parts salesman with inside “secret” knowledge of customer needs, pricing strategies, new marketing strategies, costing, etc. quits his job to work for a competitor, a restrictive covenant of 18 months in the same sales territories would probably be enforceable.
Restrictive covenants are even more important and easier to get approved in court, when a business owner sells to or merges with another business. In those situations, the buyer wants to know that he is the only person or company that will have access to the business assets (information, data, documents, etc.) that is being purchased. The courts are much more likely to enforce a restrictive covenant in these situations.
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CHECK OUT OTHER ARTICLES I’VE WRITTEN ON IMPORTANT BUSINESS, REAL ESTATE AND LAW-RELATED MATTERS: http://indiana-attorneys.com/articles_news/index.htm
Tags: attorney > corporation > court > covenant not to compete > dispute > employee > Indiana > Indianapolis > lawsuit > liability > partnership > restrictive covenant > trade secret