Navigating the Brave New World of Name, Image, and Likeness with NCAA Athletes

by Hayes Cronk

It's no secret every business wants to increase their brand recognition and generate more revenue. But being a "business" isn't always what you think of in a “brick and mortar" sense. Take celebrities, influencers, and athletes, for instance, using their name, image, and likeness (NIL) to generate income. In many communities, especially college towns, some of the most recognizable members are NCAA student athletes. However, up until recently, these student athletes were not permitted to monetize their NIL and instead solely relied on scholarships from their respective schools.

But on July 1, 2021, the NCAA made the decision to grant student athletes the right to monetize their NIL -- a decision that created a new industry, new marketing opportunities, and new legal agreements to navigate.

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You've Been Sued, Now What?

by Rachel Bir

The advice of an experienced attorney is absolutely critical to success in litigation -- whether that success comes in the form of a win in court or a favorable settlement. An experienced litigator, like the ones at Gutwein law, will think steps ahead and anticipate what the opposing party may do throughout the litigation process enabling you to obtain the best possible outcome for your situation.

Given that anyone can be sued at any time, we think it's important that our current and prospective clients have a basic understanding of the litigation process, so they can obtain proper counsel, and ultimately, have their interests protected.

Below, we've outlined the litigation process in seven steps to give you an idea of what it's typically like to be involved in a lawsuit.

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Family Meeting for an Estate Plan -- What? Why?

by Gutwein Law

People often ask me if they should share their estate plan with their kids. My answer is yes, but… The "but" portion relates to how you share the information with your family. I do not recommend that you simply give your kids a copy of your plan documents. That really isn't very productive.

You want to share your message, not just your plan, in a way that will be understood. You want to head off any animosity that might be inadvertently caused by misunderstandings or poor communication. We're happy to discuss these things with you and help you think about how you might communicate with your own family.

Our client posted this piece about their own family meeting recently. I think it is great and hope you will enjoy it.
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My Summer Associate Experience at Gutwein Law

by Tessa Steffens

This summer I had the opportunity to complete a 12-week internship at Gutwein Law. With the COVID-19 pandemic forcing many offices into a remote-working environment, I was extremely thankful that my internship was in-person. Before my summer internship officially started, I was able to visit the Indianapolis office in the Spring to meet some of my future coworkers. This was a great opportunity that made me feel welcome and calmed my nerves a bit before I started my first day of work.
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You Can Ask for Proof of Vaccination from your Employees and Contractors

by Shannon Middleton & Karen Young

As employees are returning to work in person, there have been lingering questions regarding the COVID-19 vaccine: Do I have to get the vaccine to go to work? Can my employer require me to get the vaccine? Do I have to tell my employer if I received the vaccine or not?

The regulations that may be implicated by the requiring of COVID-19 vaccinations are:
  • Health Insurance Portability and Accountability Act (HIPAA); and
  • the federal Equal Employment Opportunity (EEO) laws, including the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act (Title VII).
However, the EEOC has given guidance that requiring vaccines and proof of vaccination is legal and likely not a violation of any of these laws.
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