Steve Runyan

Indianapolis, Indiana

Associate

phone: (317) 692-9000
fax: (317) 264-6832
email: Email Me

Steve concentrates his practice in the area of business litigation, representing clients before federal and state courts at the trial and appellate levels, as well as appearing before administrative agencies. He has represented clients in: Employment, covenant-not-to-compete, and trade secret litigation; closely-held corporation disputes including minority freeze-outs and breaches of fiduciary duties; contract disputes following the sale of land; election contests and recounts; bankruptcy nondischargeability litigation.

Prior to earning his J.D., summa cum laude, from Indiana University School of Law – Indianapolis, Steve earned an accounting degree from the University of Northern Iowa and successfully completed the Certified Public Accountant Examination, served as an officer in the United States Air Force, and served as a Buyer with an automotive manufacturer.

Representative Appellate Cases

City of East Chicago v. East Chicago Second Century, Inc. 908 N.E.2d 611 (Ind. 2009), in a case involving failure to return funds held in trust, the cause of action does not accrue until demand is made for return of the funds or the trustee claims an interest in the trust property.
Central Indiana Podiatry, P.C. v. Krueger, 882 N.E.2d 723 (Ind. 2008). Represented medical practice in preliminary injunction proceedings and through appeals in which physician asserted noncompete agreements in the medical field were against public policy. Indiana Supreme Court upheld validity of noncompetes in the medical field and established new guidelines to determine enforceability. Significantly, the Indiana Supreme Court, on a matter of first impression, upheld the validity of a “no defense” clause. An employee seeking to avoid a noncompete provision will often claim that the noncompete provision should be invalidated because the employer breached the contract prior to the termination of the employment relationship. A “no defense” clause in a contract provides that if the employer first breaches the contract, the breach only gives rise to a cause action for damages resulting from the breach, but that it does not provide a defense to the noncompete clause.
Glant v. Bovis, Indiana Court of Appeals, 888 N.E.2d 871 (nonpublished) (Ind. Ct. App. 2008). Appellate representation of sellers of land. Trial court held sellers committed statutory deception by misrepresenting quality of land, which resulted in significant monetary damages and an award of attorneys’ fees against sellers. Successfully argued case to the Court of Appeals that the trial court lacked evidence to find that the sellers acted with the intent to defraud and that there was “a dearth of evidence that [the sellers] knew the representations to be false.” As a result, Court of Appeals affirmed rescission of the contract and struck down the award of attorneys’ fees.

Awards and Honors:: Selected for Indianapolis Bar Association’s Bar Leader Series, 2011-2012 Class; Indiana Super Lawyers “Rising Star,” 2009 & 2010; Indiana Law Review, Note Development Editor, 2004-2005; Order of the Barristers; Recipient, Francis J. Feeney, Jr. Tax Award for Excellence in Tax Law
Professional Associations and Memberships:: American Bar Association; Indiana State Bar Association; Indianapolis Bar Association; Hamilton County Bar Association

Significant Representations

Represented municipality in lawsuit by former employee alleging termination violated Title VII of the Civil Rights Act of 1964 (racial discrimination). Successfully defended against Plaintiff’s claims, obtaining a decision for the client on a Motion for Summary Judgment, saving the client from the costs of defending the claims at a costly trial.
Represented seller of apartment buildings in litigation resulting from buyer’s failure to close on sale. After trial on the merits, court found for client on all issues and ordered buyer to pay client’s damages and attorneys’ fees.
Represented defendant in a breach of contract action after business transaction failed. Obtained summary judgment. Decision led to negotiated resolution of additional claims between related parties.
Represented sellers of land in dispute with developer over failure of phased purchase of land. Clients asserted developer failed to close on purchase of second and third phase, developer asserted sellers breached by failing to meet negotiated deadlines. Following three-day trial, court ordered turnover of earnest money to clients and denied developer’s claim for damages in excess of $2 million.
Represented client bank in defense of counterclaim by borrow that bank conspired to inflate value of property to the detriment of borrower. Demonstrated on summary judgment that borrowers claims were utterly without merit, resulting in judgment in favor of client.
Represented Town Board of Police Commissioners, and individual commissioners in lawsuit brought by former chief of police after his removal by the board. Former chief of police alleged actions were contrary to the Open Door Law. Successfully defended clients, obtaining summary judgment and an award of attorneys’ fees against former chief of police. Subsequent appeal by chief of police was dismissed.
Represented minority shareholder in closely held corporation dispute. Majority members terminated client and attempted freeze-out. After investigation, initiated lawsuit alleging, inter alia, majority members had breached fiduciary duties owed to client. Resulted in negotiated settlement. After majority members breached the settlement, moved for enforcement of the settlement agreement, which was granted in favor of client. Proceedings supplemental and levied on majority members’ shares of company, ultimately forcing majority members to fulfill their obligations.
Firm assumed representation of client-property owner in dispute over damage caused by tenant after client had previously been denied summary judgment. After aggressive discovery and obtaining decision in favor of client in motion to compel, achieved mediated settlement to satisfaction of client.
Defended buyer-client in breach of contract claim in which seller sought repossession of business. Successfully defended client in replevin action and defeated summary judgment. Resulted in mediated settlement.
Represented minority member in closely-held corporation. Investigated allegations of multiple breaches of fiduciary duties by adverse members. Presented allegations and evidence to members, culminating in negotiated resolution that resulted in the departure of the other members and sole-ownership of company by client. Resolution achieved without filing complaint.
Represented client in dispute with two former business partners who had forged his name on a promissory note and mortgage. After partners filed individual bankruptcies, bank sought to foreclose mortgage and hold client liable for deficiency on promissory note. Prosecuted adversary proceedings in bankruptcy court to hold partners’ liable for forgery and determination that the debt resulting from the forgery was nondischargeable. Court ruled in favor of client, holding that (1) mortgage and note were forgeries and void, (2) client was entitled to award of damages and attorneys’ fees against former business partners, and (3) damages and attorneys’ fees were not dischargeable in bankruptcy.

Education:: Indiana University School of Law, Indianapolis, Indiana, 2005 J.D.; Honors: Summa Cum Laude; Honors: Order of the Barristers; Honors: Recipient, Francis J. Feeney, Jr. Tax Award for Excellence in Tax Law; Law Review: Indiana Law Review, Note Development Editor