Author Archives: Brian Bouggy

The Importance of Punctuation

There is an old adage that the devil is in the details. A recent decision from the First Circuit Court of Appeals demonstrates that sometimes the smallest oversight can create huge problems. At issue was a wage overtime statute which exempted from the payment of overtime wages certain work, including the “packing for shipment or distribution” of certain foods. When dairy drivers were not paid overtime wages, they sued, arguing that the exemption applied only to employees who packaged food for shipment or distribution, as opposed to employees who simply distributed the packaged food as they did.

Densborn Blachly Announces Partnership of Brian Bouggy

Brian joined Densborn Blachly in 2013. Brian’s expertise in healthcare, pharmaceuticals, and life sciences fills a specific need within the practice to expand representation in industries crucial to growth in central Indiana, and the nation in general. Brian is part of our next generation of sharp-minded, young attorneys, which are helping to reshape the legal landscape as we know it. We could not be happier to have him onboard.

Best Lawyers Selects DB Attorneys

Densborn Blachly is pleased to announce that 4 attorneys were selected for inclusion in Best Lawyers in America® 2017.

Best Lawyers is the oldest and most respected peer-review publication in the legal profession. The Best Lawyers lists of attorneys are compiled by conducting exhaustive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. If the votes for an attorney are positive enough for inclusion in Best Lawyers, that attorney must maintain those votes in subsequent polls to remain on the list for each edition. Lawyers are not permitted to pay any fee to participate in or be included on the lists.

SEC Adopts Rules to Permit Crowdfunding

The SEC adopted final rules, effective April 27, 2016, known as “Regulation Crowdfunding”, which greatly liberalize the manner by which companies privately raise money in small increments from a large number of investors, using the Internet. Regulation Crowdfunding also creates a regulatory framework for the intermediaries — broker-dealers and funding portals –which will facilitate the online transactions.

Regulation A+ Establishes Capital Raising Alternative

The SEC recently adopted final rules amending Regulation A to permit eligible private (i.e., non-SEC-reporting) companies to conduct public securities offerings of up to $50 million in a 12-month period without Securities Act registration. The amendment, known as “Regulation A+”, was mandated by the Jumpstart Our Business Startups Act (the “JOBS Act”) and takes effect on June 19, 2015. Its aim is to promote small company capital formation by increasing the maximum amount which may be raised under Regulation A (from $5 million to $50 million), and by streamlining reporting and disclosure requirements.

New Canadian Anti-Spam Law Could Affect Your Business

Canada recently adopted a new Anti-Spam Law (CASL), which will impact U.S.-based businesses that send electronic messages to recipients in Canada for commercial or promotional purposes. CASL went into effect on July 1, 2014. Unlike the general rule in the U.S., where a sender is free to send an unsolicited email as long as the recipient may “unsubscribe,” now, in Canada, the general rule is that a recipient must proactively “opt-in” prior to the message being sent. Failing to meet the new requirements of CASL can result in a fine of up to $1 million for individuals and $10 million for entities. 

IndyBar: Interrogatories - Eric Schmadeke

TheIndianaLawyer.com, recently profiled Densborn Blachly associate Eric Schmadeke in an article about his transition from prosecuting criminal cases to civil litigation in private practice.  Eric served for nearly seven years as a deputy prosecutor at the Marion County Prosecutor’s Office, holding various positions in both the Major Felony and Grand Jury Sections, and most recently served as the chief of the Major Felony Special Victim’s Unit. He has been a great addition to the Densborn Blachly team, and we are pleased to have the opportunity to work alongside a litigator with experience in trying over eighty jury trials. To learn a little about Eric, take a moment to read this great profile on him done by the Indy Bar.