Firm News

January 27, 2012

Congratulations to Our Partner

Brian C. Bosma Speaker of the House of the 117th General Assembly Named Co-Government Leader of the Year by the Indiana Chamber of Commerce - 2011.

With a unique background in engineering, law, business and government, Mr. Bosma represents public and private sector clients in the areas of complex business and real estate transactions, municipal bonds and finance and construction and environmental matters. He chairs the Governmental Practice Group of Kroger Gardis & Regas, and serves as general or special counsel to dozens of municipalities and business entities throughout the State of Indiana.

An Engineering graduate of Purdue University, and a graduate of the Indiana University School of Law - Indianapolis, our partner has been recognized with the highest available rating for professional excellence by Martindale Hubbell Legal Directory and as an “Indiana Super Lawyer” by Indianapolis Monthly Magazine. In addition to his public service he is the founding director of Bosma Industries for the Blind and serves as Chairman of the Bosma Visionary Opportunities Foundation.

Tuesday, January 3, 2012

City Firm Recognized in FORTUNE Magazine

Indianapolis – An Indianapolis based law firm has received national recognition by the legal rating firm Martindale-Hubbell and Fortune magazine for the high quality of its legal professionals.

Of the 254,000 firms rated by Martindale-Hubbell®, Kroger Gardis & Regas, LLP was one of only 966 firms recognized nationally for having at least one-third (33%) of its attorneys achieve an AV® Preeminent™ rating, the highest rating awarded to attorneys by Martindale-Hubbell.

The firm’s selection was reported in the December 26, 2011 issue of Fortune magazine as part of Martindale-Hubbell’s® premier list of Top Ranked Law Firms™ in the nation.

Kroger Gardis & Regas is no stranger to awards in recent months. Last month, the firm was ranked as one of the nation’s BEST LAW FIRMS as reported in U.S News & World Report. Prior to that, four of the firm’s partners – Jay P. Kennedy, Madalyn S. Kinsey, James A. Knauer and James G. Lauck – were recognized in “Best Lawyers in America”, the result of an exhaustive peer-review survey involving more than 39,000 of the nation’s top lawyers. That listing was published in the Indianapolis Star on September 30 of this year. Also in November, Speaker of the House Brian C. Bosma, another partner with the firm, was recognized as the 2011 Government Leader of the Year by the Indiana Chamber of Commerce.

Since its inception in 1937, Kroger Gardis & Regas has served the legal needs of central Indiana's business and financial community, concentrating its resources in the commercial law, bankruptcy, real estate, municipal and business areas.

Monday, November 28, 2011

Former USADA Official Joins Indianapolis Law Firm

Indianapolis – The former Legal Affairs Director for the United States Anti-Doping Agency (USADA) has joined Kroger Gardis & Regas, LLP as an associate.

Stephen Starks served in that role at USADA for almost four years. While at USADA, Starks was involved in the resolution of more than 100 cases and took part in at least 20 contested arbitration hearings, including hearings before the American Arbitration Association and Court of Arbitration for Sport headquartered in Lausanne, Switzerland. Starks’ expertise in anti-doping matters was recognized when he was selected by the World Anti-Doping Agency to serve on an independent observer team evaluating anti-doping controls at the 2010 Commonwealth Games in Delhi, India.

Following law school, and prior to private practice, Starks was a clerk for former Indiana Supreme Court Justice Theodore Boehm.

Starks received his law degree from Valparaiso University in 2006. During law school, he served as the Chief Justice for the Moot Court Honor Society, Corporate Relations Director for the Midwest Regional Board of the National Black Law Student Association, and he attended the 2006 Winter Olympic Games in Torino, Italy as stand by counsel for athletes as part of the school’s nationally recognized Sports Law Clinic.

Starks received his undergraduate degree from Drexel University in 2001. While an undergraduate, he was a four year member of the school’s NCAA Division I basketball team. Starks was the America East Conference scoring leader and a unanimous first team all conference selection in 2001. After college, Stephen played professional basketball in the Dominican Republic, Mexico, and in the NBA Developmental League.

October 21, 2011

Joe Papp's Long and Winding Road

Kroger Gardis & Regas attorney Bill Bock’s involvement in fighting doping in the sport of cycling was recently noted in national news story. KGR Partner, Bill Bock, who has also served as General Counsel for the United States Anti-Doping Agency (“USADA”) for the last four years. For the complete story, click here.

Thursday, September 29, 2011

Local Estate Planning Attorney Recognized for Highest Service Level in Metro Area

Heather McPherson, Senior Counsel, Kroger Gardis & Regas, LLP, has been recognized for the second time as a Five Star Wealth Management professional. McPherson’s previous award was in 2009. Read more.

September 16, 2011

Indiana Supreme Court declines to hear alcoholic beverage licensing challenge

Business litigation: Today the Indiana Supreme Court turned down a request to hear an appeal challenging the way that the Indiana Alcohol and Tobacco Commission administers the state’s alcohol dealer quotas. Kroger Gardis & Regas, LLP, attorneys David Wright and Kevin Koons represented the Indiana Retail Council, a trade association of grocery stores and drug stores, as an interested party in the case defending the Commission’s long-standing practice and interpretation, which the courts upheld. The challenger, a trade association of packaged liquor retailers, argued that, based on the legislature’s changes to the alcohol licensing statutes in 2007, the Commission should be issuing far fewer alcohol dealer licenses. By severely limiting the number of licenses, the challenger’s position would have stifled competition in some areas of the state. Both the Marion Superior Court and the Court of Appeals, however, sided with the Commission and Kroger Gardis & Regas client Indiana Retail Council. The Indiana Supreme Court’s rejection of the appeal put an end to the challenge. The Court of Appeals opinion can be accessed here.

September 9, 2011

Construction Law for Architects, Engineers and Contractors

Kroger Gardis & Regas Construction Law attorneys will be speaking at the seminar Construction Law for Architects, Engineers and Contractors, Friday, September 9, 2011, in Indianapolis, IN. For registration information go to www.halfmoonseminars.com.

Agenda:

• Entering into Construction Contracts and Subcontracts, Gregory P. Cafouros
• Leed Issues, Jennifer Watt
• Understanding Bonds, Insurance, Bankruptcy Issues, Jennifer Watt
• Construction Changes, Dispute Resolution, "Getting Paid", Sydney L Steele

August 31, 2011

Inheritance Tax Issues

Anne M. Hamilton, Estate Planning Attorney at Kroger Gardis & Regas, LLP will be speaking on Inheritance Tax issues at The Indiana Assessor's Association - Assessor's Summer Conference will be on August 31, 2011 at the Hilton Hotel in Indianapolis, Indiana. The conference will be attended by the county assessors and their staff from 92 Indiana counties.

August 1, 2011

E-Verify: New Requirements for Contracts for Public Services

Since 1986, the federal Immigration Reform and Control Act (“IRCA”) of 1986 has prohibited employers from knowingly hiring illegal workers. To comply with the law, employers must collect information regarding employees’ employment eligibility and document that information on Form I-9 Employment Eligibility Verification. While the I-9 requires employers to collect certain information from their employees, including identification, date of birth and proof of employment eligibility (including valid work visa, social security card, or naturalization or citizenship papers), the employers did not have a way of verifying whether the information presented was genuine until an electronic verification system was developed.

“E-Verify” is an Internet-based system that compares the I-9 information and documentation to the U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility. E-Verify is used by most businesses on a voluntary basis. However, its use is mandatory for many employers with federal contracts, and now by contractors working under Indiana State and local public contracts.

INDIANA LAW:
As of July 1, 2011, pursuant to new legislation enacted under Public Law 171-2011, the State of Indiana now requires its state agencies and political subdivisions, for public contracts for services entered into or renewed after June 30, 2011, to conform to the following requirements: read more....

July 29, 2011

East Chicago Hires Indy Firm in Fight Against Casino Tax Appeal

By Steve Zabroski, correspondent for the Northwest Indiana Times

EAST CHICAGO | The city has enlisted the aid of a heavy-hitting downstate law firm in its battle against Ameristar Casino's push for a massive property tax reduction.

A new contract with Indianapolis-based Kroger Gardis & Regas was approved by the Board of Public Works this week for representation in the casino's attempt to get the assessed value of its lakefront gaming facility reduced from $119 million to $39 million.

If approved by the Indiana Board of Tax Review, the move could cost the city as much as $4 million in annual property tax revenue.

Kroger Gardis & Regas previously has done a lot of work with East Chicago on Ameristar issues, City Attorney Carla Morgan said.

Ameristar is citing a loss of income due to the closing of the Cline Avenue Bridge and the general obsolescence of its 14-year-old gambling boat in seeking the reduction, an argument rejected last month by the Lake County Property Tax Assessment Board of Appeals.

"We don't expect to spend a lot on this," Morgan said, "But the city stands to lose a lot of its assessed value if we don't take action."

July 19, 2011

Brian Bosma Returns From Haitian Mission Trip

Indiana Speaker of the House Brian Bosma recently returned from a mission trip to Haiti… it was the second year in a row he’s visited the impoverished island nation. I sat down with Bosma to talk about the trip and how he says it shapes the way he approaches his leadership role in the General Assembly.

On the 9th floor of a building overlooking Monument Circle in Indianapolis, Bosma looks over photos he shot during his recent trip to Haiti. His air-conditioned office provides quite the contrast to the images of people in Haiti suffering from hunger and disease.

Read more at http://indianapublicmedia.org/news/bosma-returns-haitian-mission-trip/

July 18-20, 2011

Lending Seminar

Madalyn S. Kinsey, Partner in Banking and Finance, will be a speaker on loan documentation at the Risk Management Association's Commercial Lending School to be held July 18-20, 2011 at the Hampton Inn, Downtown Indianapolis.

July 14, 2011

World Swimming Championships

Kroger Gardis & Regas, partner, William Bock a member of the FINA Doping Panel will be heading to Shanghai, China for the World Swimming Championships. The FINA Doping Panel is a group of six lawyers (1 each from the Netherlands, Switzerland, Japan, Algeria, Australia and the U.S.) who serve as arbitrators on FINA doping cases. FINA is the international federation for the sport of swimming, headquartered in Lausanne, Switzerland. The FINA Doping Panel attends each Swimming World Championships to attend meetings held in conjunction with the World Championships, to confer regarding drug testing matters and keeping the sport of swimming clean and to be on site to serve as an arbitration panel in the event that there is a positive drug test at the World Championships.

Mr. Bock was selected to serve on the FINA Doping Panel by a vote of FINA members at the 2009 World Championships held in Rome and his term of service began on January 1, 2010. He has served as an arbitrator in 5 cases to date and he also attended the World Short Course Swimming Championships held in Dubai, United Arab Emirates last December. “Serving on the FINA Doping Panel with lawyers from 5 other countries and getting to know these lawyers has been a very enjoyable cultural experience”, said Mr. Bock.

This year at the World Championships in Shanghai FINA is holding what is known as an “Extraordinary Congress,” the first held in 20 years, at which time changes to the FINA Constitution will be debated. Mr. Bock plans to attend the Extraordinary Congress.

June 8, 2011

Keeping Baseball Legal

William Bock III, Partner with Kroger Gardis & Regas traveled to the Northern District of California in San Francisco in March for the trial of the 46-year-old baseball player accused of lying to a grand jury about whether he used steroids or growth hormone during his career. See the full story here.

May 2011

Anne M. Hamilton Appointed to the Komen Foundation Board of Indianapolis

Anne M. Hamilton, Estate Planning attorney with Kroger Gardis & Regas, LLP has been appointed to the Komen Foundation Board of Indianapolis. The Central Indiana Affiliate of Susan G. Komen for the Cure(r) serves 21 counties in Central Indiana. The board of directors represent a collection of business executives and professionals and volunteers who are dedicated to ensure the organization maintains our promise is to save lives and end breast cancer forever by empowering people, ensuring quality care for all and energizing science to find the cures.

April 2011

New Indiana Environmental Remediation Closure Guide

The Indiana Department of Environmental Management (IDEM) recently released a draft of its Remediation Closure Guide (RCG). This document will direct the investigation, remediation options and closure requirements for contaminated property in Indiana. This draft is available for review and comment and can be downloaded here.

IDEM's staff, consulting engineers and other experts in the environmental field have worked in various focus groups for several years to develop the new guidance. The new Closure Guide will apply to all of IDEM's remediation programs - LUST, State Cleanup, VRP, Brownfields, and RCRA upon final issuance.

February 2011

James Knauer Appointed Bankruptcy Trustee of Eastern Livestock Co., LLC.

James Knauer, a partner in the Indianapolis law firm of Kroger Gardis & Regas, has been appointed as the Bankruptcy Trustee of Eastern Livestock Co., LLC. Headquartered in New Albany, Indiana, Eastern was the largest cattle broker in the United States with annual revenues exceeding $1.7 billion dollars.

The case was triggered by the discovery of a check kiting scheme which has been estimated to involve as much as $130 million dollars in fraudulently obtained funds as well as tens of thousands of reported fictitious cattle sales and non-existent inventories of cattle. Ranchers, livestock auctions and feedlots throughout the U.S. have been impacted by the company’s losses and NSF checks. Given the enormous number of creditors, Knauer has established a website at easternlivestsockbkinfo.com.

In a recent article, Forbes magazine referred to Thomas Gibson, Eastern’s principal, as the “Bernie Madoff of the cattle business”. The FBI and the USDA are actively investigating Eastern’s collapse as well.

Despite the fraud, Knauer expects to make recoveries in “the 8 figure range”. Almost $5 million dollars of funds were seized by the FBI in a raid on accounts of Gibson at a New Albany Bank in January. Knauer also stated that there were many persons engaged in perpetuating the fraud and litigation is being commenced against those responsible.

February 3, 2011

Town/Township Rights Enforced Under Indiana Government Modernization Act

Government/Municipal Litigation: Kroger Gardis & Regas obtained a swift temporary restraining order and obtains the full relief sought in the rapid settlement of a preliminary injunction action for enforcement of governmental subdivision rights under the Indiana Government Modernization Act, Ind. Code §§ 36-1.5-1-1 et seq., enacted in March 2006. Kroger Gardis & Regas partner David Wright obtained a temporary restraining order restraining annexation activities by a nearby town which encroached on a township which was engaged in a consolidation procedure under the Indiana Government Modernization Act. Very substantial economic development consequences were at play. Town of Brownsburg v. Town of Avon.

• TRO and Order for Hearing on Premliminary Injuction (01/18/2011)
• Interlocal Cooperation Agreement Recorded (01/25/2011)
• IndyStar Article (02/03/2011)

November 10, 2010

Minority Owner Claims Prevail

Business Litigation: Minority owners obtain full ownership in two separate cases involving minority shareholder oppression. Kroger Gardis & Regas partner David E. Wright successfully prosecuted minority owner breach of fiduciary duty claims in a business arbitration. Wright’s client became the owner of the business as a part of the final resolution. Wright resolved another minority owner business dispute in which the minority owner obtained control and ownership of the subject business as a result of the majority owner’s breaches of fiduciary duty and related damages. The case was fully prepared for filing and then settled in a last minute prefiling meeting without the necessity of filing the lawsuit.

• Order Confirming Arbitration Ruling to Enforce Implement Settlement (11/10/2010)

August 26, 2010

Indiana Supreme Court: $7.5 Million Minority Value, Including Minority Owner Damages for Breach of Fiduciary Duty Sustained

Business Litigation: The August 26, 2010 denial of transfer by the Indiana Supreme Court confirmed the result of a $7.5 million judgment favoring minority shareholder, which included damages for breach of fiduciary in a valuation action under Indiana’s Dissenters’ Rights Statute. Kroger Gardis & Regas partner David Wright obtained the judgment following a 12 day trial involving 5 testifying experts.

• News Release (12/30/08)
• Judgement - Findings and Conclusions (12/30/08)
• Trust's Brief and Cross Appeal (11/17/2009)
• Opinion (03/15/2010)
• Notice of Issuance or Order or Opinion (8/26/2010)

May 2010

Estate Planning Team Joins Kroger Gardis & Regas
Heather McPherson and Anne M. Hamilton

Heather McPherson focuses her practice on estate planning, trust and estate administration and individual and fiduciary income taxation. She was named a 2009 Indianapolis FIVE STAR Wealth Manager by Indianapolis Monthly. She is a member of the Stanley K. Lacy Executive Leadership Series, Class VII and is a Distinguished Fellow of the Indianapolis Bar Foundation. She is a member of the Estate Planning and Probate Sections of the Indianapolis Bar Association, Indiana State Bar Association and American Bar Association, the Indiana University School of Medicine Planning Giving Committee and the Estate Planning Council of Indianapolis. Heather serves on the Advisory Board (past board member) of the Dance Kaleidoscope. She is also a member of the Indianapolis Woman’s Club, and a past board member of the Indianapolis Symphonic Choir, Indianapolis Propylaeum Foundation and the Hoosier Salon. Heather can be reached at HMcPherson@kgrlaw.com, 317-777-7417.

Anne M. Hamilton focuses her practice on estate planning, trust and estate administration, charitable planning, guardianships, special needs planning and individual and estate income taxation. She is a member of the Indiana State Bar Association, Probate and Real Property Section, and serves as a member of the Probate Review Committee of the Indiana State Bar. She is also a member of the Indianapolis Bar Association, Probate Section, and serves on the Executive Committee for the Probate Section. She is a member of the Indiana School of Medicine Planned Giving Committee, and the Estate Planning Council of Indianapolis, an advisory board member for Best Buddies of Indiana, an alumni of the Ardeth Burkhart Leadership Series of the United Way and former board member of the YWCA of Indianapolis. Anne can be reached at AHamilton@kgrlaw.com, 317-777-7447.

February 2010

Indiana Super Lawyers

Kroger Gardis & Regas LLP announces that it had 4 partners listed among this year’s Indiana Super Lawyers 2010®, a listing that appears in the March issue of Indiana Super Lawyers magazine. The firm also had 2 attorneys named as “Indiana Rising Stars” 2010.

The firm’s attorneys, who made this year’s list, including their primary practice area, are:

Indiana Super Lawyers 2010®

James A. Knauer, Bankruptcy & Creditor/Debtor Rights

Jay P. Kennedy, Bankruptcy & Creditor/Debtor Rights

Madalyn S. Kinsey, Banking

Indiana Super Lawyers 2010 – Corporate Counsel Edition®

David E. Wright, Business Litigation (Corporate Counsel Edition)

Indiana Rising Stars®

Tricia A. Leminger, Government/Cities/Municipalities

Steven E. Runyan, Business Litigation

Only five percent of the lawyers in the state are named by Super Lawyers. The selections for this esteemed list are made by the research team at Super Lawyers, which is a service of the Thomson Reuters, Legal division based in Eagan, MN.

July 20, 2009

Solving Antitrust Concerns About Health Care Reform

An article by Indianapolis attorney Linda M. Batten appears in a July issue of the Indianapolis Business Journal. Read more...

June 24, 2009

Issues Abound at Ethanol Plant

Indianapolis attorney James A. Knauer overseeing cleanup, closure, future of closed plant. Read more...

June 16, 2009

Wright Inducted Into The Litigation Counsel Of America

Indianapolis attorney David E. Wright, of Kroger Gardis & Regas, LLP was inducted into the Litigation Counsel of America at the LCA’s Spring Conference and Induction of Fellows in Santa Fe.

The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. The LCA is aggressively diverse in its composition. Established as a trial and appellate lawyer honorary society reflecting the American bar in the twenty-first century, the LCA represents the best in law among its membership. Read more...

March 27, 2009

Indiana Court of Appeals Affirms Judgment

A judgment obtained by John Petr on behalf of a commercial lender against a corporate guarantor in the trial court was unanimously affirmed by the Indiana Court of Appeals. In the linked "For Publication" Opinion rendered on March 27, 2009 in Richard Moore vs. Wells Fargo Construction, the Court dealt with issues concerning commercially reasonable sales of collateral and notices of sale.

March 2009

Indiana Super Lawyers

James A. Knauer was selected for inclusion in the list of 2009 Indiana Super Lawyers. He has been included in this listing consistently since 2004. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

Jay P. Kennedy was selected for inclusion in the list of 2009 Indiana Super Lawyers. His primary area of practice is Bankruptcy & Creditor/Debtor Rights, and Business Litigation.

David E. Wright was selected for inclusion in the list of 2009 Indiana Super Lawyers. His primary area of practice is Business Litigation. Mr. Wright was also recently inducted into the prestigious Litigation Counsel of America, a Trial Lawyer Honor Society with only 3,500 Fellows representing only one-half of one percent of American Lawyers.

Steven E. Runyan was selected for inclusion in the list of 2009 Indiana Super Lawyers - Indiana Rising Stars 2009. His primary area of practice is Business Litigation.

Madalyn S. Kinsey was selected for inclusion in the list of 2009 Indiana Super Lawyers. She has been included in this listing consistently since 2005. Her primary areas of practice are Banking and Real Estate.

December 30, 2008

7.5 Million Dollar Minority Shareholder Judgment

David E. Wright obtained a $7.5 Million minority shareholder judgment resulting from squeeze out merger, including minority oppression findings. Case summary.

July 2008

James A. Knauer was appointed as Fellow in the Litigation Counsel of America.

The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in LCA is highly selective and by invitation only. Fellows are selected based upon effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation.

June 2008

ACEC Presidents Award

The American Council of Engineering Companies of Indiana announced at its Annual Meeting that Gregory P. Cafouros has been given the 2008 President’s Award, for his outstanding service to the engineering profession over the past 10 years. Mr. Cafouros is a key member of KGR’s Construction Law Practice Group, and is a registered professional engineer in the State of Indiana.

Thursday, September 27, 2007

William Bock III Joins U.S Anti-Doping Agency as General Counsel

William Bock III is the new General Counsel for the United States Anti-Doping Agency (USADA). Bock has served as an outside counsel to USADA over the past seven years and has substantial experience in athletic drug testing matters. Read more...

Monday, September 10, 2007

Anesthesiology Group Names Firm Partner Chief Counsel

Mark Colucci has been chosen to serve as chief outside counsel to Anesthesia Consultants of Indianapolis, LLC ("ACI"). ACI is one of the largest anesthesia physician groups in the State of Indiana. Mr. Colucci and Kroger Gardis & Regas will represent ACI in its business and litigation matters. ACI joins a growing list of firm healthcare and life sciences clients which also include, among others, Central Indiana Podiatry, P.C., DCL Medical Laboratories, Inc., and AIT Laboratories.

Monday, August 27, 2007

Client Acquires Major Technology Firm

Firm partner Mark Colucci represented long time client Defender Security Company ("DSC") in DSC's recent acquisition of the assets and intellectual property of UNETX. LLC, a Utah based internet marketing firm. The parties closed on the complicated multi-million dollar acquisition within days after agreeing on the basic terms and structure. The acquisition allows DSC to apply unique technology to its growing marketing division. DSC is a high growth company that is a leader in customer lead acquisition, and sales of residential services.

Thursday, April 19, 2007

Four partners from the Indianapolis law firm of Kroger Gardis & Regas, LLP have been selected as 2007 Indiana Super Lawyers. Read more...

Wednesday, April 18, 2007

Kroger Gardis & Regas concludes successful defense to residency challenge against State Representative Ed Soliday.

• Soliday residency challenge dismissed (nwitimes.com, 4/18/07)
• Judge Alexa throws Soliday case back to state House to decide residency (Chesterton Tribune, 4/17/07)

Wednesday, April 4, 2007

Judge overturns Boone County Election Board decision denying Zionsville candidate access to primary election ballot. Read more...

Tuesday, March 1, 2007

Partner, James Lauck has been re-appointed to the Plat Committee of the Department of Metropolitan Development, Marion County, Indiana, for the term 2007-2008.