Practice Areas

Business Law

The lawyers of Foley and Abbott have years of experience in business formation, business reorganization and restructuring, helping you choose the right type of legal entity to meet your business goals and to limit your liability and risk of exposure.

  • Business Trusts
  • Joint Ventures
  • Corporations
  • LLCs
  • LLPs
  • Partnerships
  • Professional Associations
  • Sole Proprietorships
Don Foley and Tony Abbott have assisted businesses in restructuring and reorganization. This is a most important process for closely held businesses of all types to insure that the business adjusts to market needs as well as needed staffing and capital requirements.
Our legal services include:

  • Business Buy/Sell Agreements
  • Business Restructuring Plans
  • Stock Redemption Agreements
  • Company Stock Splits
  • Business Succession Planning
The Indiana law firm of Foley and Abbott has extensive experience in business succession planning for all types of business including but not limited to restaurants, food service, manufacturing, warehousing, logistics, real estate development, professional corporations, franchises and construction businesses, as well as all forms of business entities professional associations, LLP, LLC, C-corporations and S-corporations.

  • Family generational succession planning
  • Issuance of preferred stock
  • Issuance of common non-voting stock
  • Buy out of the elder generation by stock redemption
  • Splitting of assets
  • Transfer of real estate with lease back
  • Deferred compensation agreements
  • Family agreements
  • Restriction on stock sales
  • Resolutions and related documents to reorganization

Estate Planning

The Indiana lawyers of Foley & Abbott provide experienced estate planning for your family’s future and probate administration focused on completing administration as quickly as possible. We can help you protect your family and your assets through wills, trusts, powers of attorney or other legal instruments used in estate planning.

Foley & Abbott’s Estate Planning lawyers will focus on limiting potential taxes and fees, and make sure the distribution of your property is completed as you wish. Using wills, trusts and life time gifts we create an estate plan that complies with Indiana and federal laws and is designed to reduce or eliminate death taxes assessed against your property.

  • Ancillary Administration
  • Estate Administration
  • Estate Planning
  • Estate Trust and Probate Administration
  • Family Foundations
  • Family Limited Partnerships
  • Federal and State Gift Tax Planning
  • Federal Estate and Indiana Inheritance Tax Planning
  • Federal Estate Tax Preparation
  • Gift Tax Preparation
  • Guardianships
  • Inheritance Tax Disputes
  • Inheritance Tax Preparation
  • Internal Revenue Service
  • Negotiation and IRS Dispute Resolution

  • Joint Tenancy
  • Last Will and Testament
  • Life Insurance Collection
  • Living Will
  • Living Wills and
  • Appointment of Health Care
  • Representatives

  • Out of State Property
  • Powers of Attorney
  • Preparation and
  • Administration of Estate Plans
    Private Trials of Probate Claims

  • Probate Administration
  • Probate Arbitration
  • Probate Avoidance
  • Probate Litigation
  • Probate Mediation
  • Probate Proceedings and
  • Will Contests
    Representation in Business
  • Disputes
    Suit to Remove Personal
  • Representative
    Uniform Probate Code
    Wills and Trusts
  • Charitable Remainder Annuity Trusts (CRAT)
  • Charitable Remainder Unitrust (CRUT)
  • Charitable Trusts
  • Credit Shelter Trusts
  • Family Estate Trust
  • Family Foundations
  • Family Trusts
  • Funeral Trusts
  • Grantor Trust
  • Health Care Trusts
  • Intentionally Defective
  • Grantor Trust (IDGAT)

  • Intervivos Trusts
  • Irrevocable Life Insurance Trusts
  • Irrevocable Trusts
  • Living Trusts
  • Revocable Trusts
  • Testamentary Trusts
As part of our Indiana Estate Planning services, Foley & Abbott’s Estate Planners will provide advice and guidance in how assets are held or titled as a part of your estate plan.

  • Brokerage Accounts
  • Business Interests
  • Insurance Policies
  • Out of State Personal Property
  • Personal Property
  • Retirement Plans
  • Savings and Checking Accounts
  • Out of State Real Estate

Litigation

Business Litigation & Commercial Litigation

The Indianapolis law firm of Foley & Abbott represents companies in business law disputes. Most businesses, at some time, encounter legal issues which require the services of a business litigation lawyer. This need can arise due to a breach of contract, a partnership or shareholder dispute, or employer/employee problems. Litigation can be necessary to protect your rights. Our business litigation lawyers will advise you on ways to successfully avoid litigation, but then proceed vigorously with litigation if necessary.

Foley & Abbott handles litigation, arbitration and mediation, and serves both plaintiff and defense clients in business litigation matters. We are experienced in all levels of court including Federal court, State court, and Appellate court, and prosecute claims for business owners and defend businesses from suits in bench trials or jury trials.

The preferred business litigation is litigation which is avoided through preventative business practices and properly crafted legal documents. However, when facing litigation, one should be aware of several options for settlement. A business owner, when faced with defending their company using a lawsuit, should consult Foley & Abbott to understand these legal options for resolution and claim restitution.

  • Alternative Dispute Resolution (ADR)
  • Arbitration
  • Court-Supervised Settlement Conferences
  • Federal Courtroom Trials
  • Indiana Courtroom Trials
  • Mediation
  • Private Negotiation
  • Private Settlement Conferences
  • Private Trials

Knowledge of Courtroom Procedure

Foley & Abbott has the essential knowledge and legal experience of courtroom procedure to help you effectively prepare to defend (or prosecute) your interests in the event your company becomes involved in a business litigation lawsuit.

Business Litigation Appeals

Should you be unsatisfied with the trial outcome, you have the right to request an appeal; an appeal is an official request that a higher court review decision of a lower court. Alleged error in court procedure or error in interpretation/application of the law are the usual reasons for appeals. This request may may be made immediately following a court decision.

Foley & Abbott is an Indianapolis law firm with years of business law experience in litigation, employment, professional disputes, real estate, tort, insurance litigation, business counseling, prosecuting claims for recovery of your losses, and defending claims made against you. We also assist in dealing with administrative and governmental boards.

We will advise, counsel and represent you in these areas of Indiana business litigation law:

  • Covenants not to compete/Noncompete agreements
  • Non-solicitation agreements
  • Breach of contract
  • Breach of franchise agreement
  • Leasing: commercial, retail, industrial and professional
  • Trade secret litigation
  • Non-disclosure agreements
  • Royalty agreements
  • Business formation: corporations, LLCs, partnerships, LLPs, S-corporations
  • Drafting and reviewing contracts
  • Preparation of business forms
  • Purchase orders
  • Order confirmations
  • Employment contracts
  • Business dissolutions
  • Mergers and acquisitions
  • Business reorganization
  • Business litigation
  • Commercial law
  • Shareholder derivative suits
  • Disputes between members of LLCs
  • Disputes between shareholders
  • Executive benefits
  • Employee policies
  • Incentive programs
  • Bank negotiations
  • Deferred compensation agreements
  • Stock purchase agreements
  • Asset purchase agreements
  • Joint ventures
  • Not for profit corporations
  • Succession planning
  • Representation before administrative boards and commissions
  • Zoning
  • Permits
  • Commercial and contract disputes
  • Real estate litigation
  • Shareholder disputes
  • Wage claims
  • Contracts, Breach of contract or business agreement
  • Partnerships creation and disputes
  • Regulatory issues
  • Business torts
  • Real estate transactions
  • Tax matters
  • Real Estate Tax Assessment
  • Personal Property Tax Assessment
  • Professional liability
  • Non-compete litigation
  • Successor liability
  • Boundary disputes
  • Directors and officers liability
  • Errors and omissions
  • Employment practices (including employment policy manuals)
  • EEOC Claims
  • Discrimination
  • Sexual harassment defense
  • Wrongful termination
  • Commercial litigation
  • Failure to perform services
  • Vendor contracts
  • Commercial litigation
  • Buyer / seller disputes
  • Construction contract disputes
  • Trust litigation
  • Probate litigation
  • Will Contests
  • Estate litigation
  • Exclusive supply contract disputes
  • ERISA litigation

Medical Malpractice

Tony Abbott is experienced in representing persons injured by medical malpractice.

  • Selection of Medical Review Panel
  • Filing with Indiana Department of Insurance
  • Court Filings
  • Doctor’s Depositions
  • Locating Medical Experts to Verify Client’s Claims
  • Negotiated Settlements
  • Mediation of Malpractice Claims
  • Trying Jury Trials

Construction Law

Foley & Abbott’s construction lawyers understand the construction industry and we know how to protect our clients’ interests. In order to meet construction project deadlines, control costs and protect your interests, legal issues that arise need to be resolved quickly and effectively. We understand the legal matters related to the construction industry. Our attorneys have over 75 years of experience and have protected our clients’ interests in many construction projects. Our construction law practice deals with issues such as:

Transactional Matters

  • Origination
  • Documentation
  • Bidding
  • Finance of all types of construction projects including joint ventures and development

Construction Project Disputes

  • Dispute prevention
  • Dispute resolution
  • Litigation in residential, public, commercial and industrial construction projects.

The legal complexities of construction projects:

  • Bid Mistakes and Bid Protests
  • Contractor Performance Guarantees
  • Financing
  • Insurance
  • Labor and Employment
  • Large sums of money involved
  • Local, State and Federal Administrative Agencies, Zoning Boards, Public Utilities and Municipalities
  • Material Shortages
  • Multiple Stakeholders – Owners, Developers, Architects, Engineers, Construction Managers, General Contractors and Sub-Contractors
  • Separate Contractor Disputes
  • Subcontractor Disputes
  • Supplier Disputes
  • The need for quick action to resolve disagreements or enter litigation
  • Weather

Foley & Abbott’s Indianapolis lawyers help general contractors, prime contractors, sub contractors, suppliers, materialmen, equipment suppliers and equipment lessors involved in construction design, development, financing, and management of construction projects. We have experience in both private and public sector construction. We also represent real estate developers, engineers, architects, and construction owner’s representatives for public and private construction projects.

Using performance agreements and related contracts, Foley & Abbott works with stakeholders to resolve legal issues before they escalate. If a matter cannot be resolved by addressing the terms of existing contracts and agreements, we work with all involved to determine if alternative dispute resolution (ADR) can settle the matter using private settlement conferences and without litigation.

If the matter cannot be resolved without arbitration or mediation, we litigate to defend our clients’ interests. Foley & Abbott also provides services to sureties that issue contract bonds, including bid bonds, fidelity bonds, performance bonds, payment bonds, blanket bonds (bankers bonds), public official bonds, probate and/or guardianship bonds, trustee bonds and forgery bonds.

Foley & Abbott represents clients throughout Indiana in a variety of construction law matters and will represent your interests in a variety of areas:

  • Administering Contracts and the Issues that arise in the construction process
  • AIA contracts
  • Appeals
  • Arbitration
  • Arbitration and Alternative Dispute Resolution, Litigation and Mediation
  • Architect and Engineer Liability
  • Bidding and Procurement
  • Bidding process on private and governmental projects
  • Bond Claims
  • Bonding and Insurance Requirements
  • Claims against governmental entities
  • Claims Preparation & Analysis
  • Collections
  • Compliance with the American Disabilities Act (ADA compliance)
  • Condemnation Matters
  • Condominium Rights
  • Construction Arbitration
  • Construction Arbitration & Mediation
  • Construction Contract Disputes
  • Construction Contracts and Documents AIA, AGC, EJCDC, DBIA and FIDIC
  • Construction Defects
  • Construction Insurance
  • Construction Mediation
  • Construction Private Trials
  • Construction Summary Trials
  • Contract Disputes
  • Contract Formation and Performance
  • Contract Negotiation
  • Contractor/Subcontractor Issues and Disputes
  • Defective and non-conforming work and materials
  • Defective Construction and Delay Claims
  • Delay and Acceleration Claims
  • Delay and Disruption Claims
  • Drafting, reviewing, and negotiating Construction Contracts
  • Easements
  • Enforcement of Liens on the Proceeds
  • Environmental Issues/Managing Environmental Risks/Environmental Impact Statement
  • Federal Court Appeals
  • Federal Court Law Suits
  • Federal Court Trials
  • Fidelity & Surety Bonds
  • Foreclosure Matters
  • Government Construction Contracts and Administration Matters
  • Government Contract Fraud
  • Insurance Recovery Litigation
  • Land Use,Zzoning, and Planning Matters
  • Lien Law – Filing and Enforcement of Mechanics Liens
  • Lien Waivers
  • Malpractice Claims Against Architects, Engineers and other Construction Design Professionals
  • Mechanic’s Liens and Bond Claims
  • Mediation
  • Mold Abatement and Mold Litigation
  • Municipal Bidding and Bid Protests
  • Occupational Safety and Health (OSHA)
  • Performance Bonds
  • Pre-construction Assistance
  • Preparation of General Construction Contracts, Construction Management, Subcontractor Agreements
  • Private Settlement Conferences
  • Property Damage Claims
  • Public and Private Construction Litigation
  • Public Bidding
  • Public Construction Law
  • Real Estate Acquisition
  • Redevelopment Projects
  • Request for Payment
  • Risk Management
  • Settlement Evaluations
  • State Court Appeals
  • State Court Law Suits
  • State Court Trials
  • Subrogation Claims
  • Surety and Bond Default Claims
  • Surety Claims
  • Warranty Requirements and Claims

Real Estate

The attorneys of Foley & Abbott represent commercial clients and individuals in matters regarding Indiana real estate transactions, including representation of land owners in eminent domain or condemnation proceedings.

Our Indianapolis Real Estate Legal Services Include:

  • Real Estate Loan Closings
  • Construction Defect Matters
  • Easement Agreements
  • Leases and Options
  • Quiet Title Actions
  • Real Estate Contracts
  • Real Estate Owners Liability Disputes
  • Real Estate Purchases and Sales of Businesses and Homes
  • Zoning Appeals

We assist our clients in all aspects of real estate ownership, purchases, real estate development and leasing. Property types include real estate for retail, residential development, office, industrial and wholesale distribution. Assistance with negotiation to purchase, leasing, financing and all aspects of purchase and sale including document preparation and Indiana real estate closings.

The attorneys of Foley & Abbott represent commercial clients and individuals in matters regarding Indiana real estate transactions, including representation of land owners in eminent domain or condemnation proceedings.

Our Indianapolis Real Estate Legal Services Include:

  • Real Estate Loan Closings
  • Construction Defect Matters
  • Easement Agreements
  • Leases and Options
  • Quiet Title Actions
  • Real Estate Contracts
  • Real Estate Owners Liability Disputes
  • Real Estate Purchases and Sales of Businesses and Homes
  • Zoning Appeals

We assist our clients in all aspects of real estate ownership, purchases, real estate development and leasing. Property types include real estate for retail, residential development, office, industrial and wholesale distribution. Assistance with negotiation to purchase, leasing, financing and all aspects of purchase and sale including document preparation and Indiana real estate closings.

The following are some of the real estate law services we provide to our clients.

Acquisition and Disposition

We represent clients in the purchase and sale of all types of real estate property including office, manufacturing, distribution, warehousing, residential and retail development projects.

Construction

We represent clients in the construction of manufacturing facilities, office complexes, commercial properties, shopping centers and warehouses. We also assist clients in obtaining annexation, zoning variances, usage changes and special use limits.

Financing

We assist clients in both private financing transactions, commercially financed, and seller-financed transactions. We represent real estate lenders and borrowers regarding real estate-secured financing for commercial, industrial and residential projects as well as the review and negotiation of lender agreements.

Leasing:

We represent clients in drafting, revising and negotiation of leases for office space, manufacturing facilities, distribution centers, warehouses, and retail stores for local and national projects.

  • Construction Defect Claims
  • Environmental Liability
  • Leases, Options and Real Estate Contracts
  • Premises Liability Disputes
  • Purchases and Sales of Businesses and Homes
  • Remonstration in Zoning and Variance Proceedings
  • Slip-and-Fall Cases
  • Zoning Appeals

Franchise Distribution

Foley & Abbott has extensive experience in Indiana and United States franchise law, providing legal services for both franchisors and franchisees. We handle franchise litigation and dispute resolution as well as transactional matters.

We represent franchise clients in matters relating to:

  • Purchasing Cooperatives
  • Acquisition and Sale of Franchises
  • Advertising and Marketing Funds Disputes
  • Area Development Agreements
  • Breach of Franchise Contract Claims
  • Creation of Operating Entities
  • Franchise Encroachment Issues
  • Franchise Fraud Claims
  • Franchise Non-Compete Agreements
  • Franchise Renewal Agreements
  • Lease Negotiation
  • Purchasing Cooperatives
  • Uniform Franchise Offering Circulars and Franchise Agreements

Donald F. Foley has assisted businesses in evaluating the use of franchising to develop and expand their business for the past 40 years.

Legal Services for Franchisors:

We provide legal representation to national and international franchisors. Foley & Abbott’s attorneys are experienced in sorting through the benefits of franchising your business to see that it conforms with the Indiana Franchise Disclosure Act, as well as the Indiana Deceptive Practices Acts.

Legal Services for Franchisees:

We assist individuals and businesses, such as Midwest and local Indiana franchisees, in review of Franchise Offering Circulars, Franchise Agreements, Licensing Agreements, Leases and intellectual property rights that are a part of considering purchasing a new franchise or purchasing an existing franchised business. We assist our clients in developing a business plan, including evaluation of the support provided by the franchisor, control of real estate and evaluation of lease terms and options for renewal.

Franchise Agreements:

We have assisted our clients in the following areas of Franchise agreements:

  • Authority of the Indiana Securities Commissioner over Franchises
  • Covenants not to compete
  • Franchisor-Assisted Advertising and Marketing
  • FTC Regulations applying to franchise businesses
  • Indiana Franchise Disclosure Act and Indiana Franchise Deceptive Practices Act
  • Non-Solicitation Agreement
  • Requirement of the Purchase of Equipment or Inventory
  • Restrictions on Legal Remedies for Franchisees
  • Review of Market and Demographics

The scope of Foley & Abbott’s franchising and distribution legal services includes:

  • Defending Law Suits Against Franchises
  • Defending Law Suits Against Franchisors
  • Filing Law Suits on behalf of Franchisee
  • Filing Suit in Enforcement of Franchise Agreement
  • Franchise Feasibility Evaluation
  • Franchise System Development
  • Franchisee Agreement Termination
  • Franchisee Collective Bargaining
  • Franchisor/Franchisee Relationship Issues, incl. Operation, Enforcement Terminations, Renewals, etc.
  • Preparing Franchise Agreements, Sub-Franchising Agreements and Cooperative Advertising Agreements
  • Preparing Franchise Disclosure Documents in compliance with Indiana and other applicable law
  • Prosecuting Suits for Franchisees
  • Prosecuting Suits for Franchisor
  • Representation in the Acquisition or Sale of Franchise Territories.
  • Representing Franchisor Clients in Mediation, Arbitration, Court Trials and Private Trials
  • Representing Franchisors/Franchisees in Compliance Hearings with the State Securities Commissioner
  • UFOC Development (Uniform Franchise Offering Circular)

Employment

Indiana lawyers Don Foley and Tony Abbott represent Indiana business management leaders in labor and employment cases such as:

  • Employee Procedure Manuals
  • Employee Substance Abuse and Testing Policies
  • Employment Discrimination Matters
  • Employment Law in Federal and State Courts
  • Preparation of Personnel Policies
  • Wage and Hour Laws
  • Wage Payment Laws
  • Wrongful Discharge Litigation

Indiana Employer Defense Lawyers

When you make Foley & Abbott your legal partner we make it our responsibility to advise you on the rapidly changing employment laws. If your organization needs employment law representation, trust the labor and employment lawyers at the Indianapolis law firm of Foley & Abbott. We provide aggressive defense representation to Indiana employers and their HR professionals, business executives, and in-house counsel.

You will benefit from Foley & Abbott’s ability to help you address workplace legal issues such as:

  • Hiring employees
  • Employee termination
  • Sexual harassment actions
  • Employee compensation
  • Employee benefits
  • Employee handbooks
  • Non-compete agreements
  • Non-disclosure clauses
  • General defense of your company from actions by employees

By creating protective employment policies and practices regarding sexual harassment, discrimination, employee disciplinary procedures and termination, Foley & Abbott can help limit your legal risk and the financial burdens of protecting your company from litigation.

Our Employment Law Defense Attorneys represent both private sector employers and governmental entities with their Indiana employment law matters, including responding to claims of unlawful employment practices and keeping former employees from stealing customers, stealing trade secrets, breaking non-compete and non-disclosure clauses.

Our Indianapolis attorneys can help you reduce the risk of employment-related claims and civil actions. The best approach to protecting your company against lawsuits is to develop safe hiring practices, provide clear documentation of what is expected of all employees, and make proper preparations and documentation before terminating an employee.

We represent former and current employees

  • Failure to Timely Pay Wages
  • Indiana Wage Collection Statute
  • Indiana Wage Payment Statute
  • Management Terminations

Administrative proceedings handled by Foley & Abbott

  • Americans With Disabilities Act (ADA) Compliance
  • Affirmative Action
  • Age Discrimination in Employment Act (ADEA)
  • Alleged Violations of the Family Medical Leave Act (FMLA)
  • Americans with Disabilities Act (ADA)
  • Whistleblower Protection Laws
  • Class Action Defense
  • Conducting Harassment Investigations
  • Deliberately indifferent to Discriminatory Conduct
  • Disparate Conduct
  • Employee Rights
  • Employer Liability Prevention
  • Employment Contract Disputes
  • Employment Discrimination Claims
  • Employment Status Claims
  • Equal Employment Opportunity Commission (EEOC) Defense
  • Family Medical Leave Act (FMLA)
  • Federal Department of Labor
  • Indiana Civil Rights Commission
  • Indiana Department of Labor
  • Indiana Workforce Development
  • Intellectual Property Agreements
  • Labor and Employee Relations
  • Local Human Rights Commissions
  • National Origin Discrimination
  • Occupational Safety and Health Act (OSHA)
  • OSHA Compliance Defense
  • Overtime and Compensation Disputes
  • Pensions, Benefits, and Compensation
  • Race Discrimination
  • Separation or Severance Agreements
  • Sex Discrimination
  • Sexual Harassment Defense
  • Title VII Civil Rights Act
  • Trade Secret Agreements
  • Unemployment Compensation
  • Wage and Hour Claims
  • Wage and Hour Disputes
  • Wage and Hour Laws
  • Wrongful Discharge Claims
  • Wrongful Termination and Retaliation Claims
  • Wrongful Termination Defense
  • Protective Employment Contracts
  • Non-compete clauses
  • Non-disclosure clauses
  • Starting a New Business
  • Defending Your Company from Discrimination Lawsuits
  • Mediation to Resolve Employer/Employee Disputes
  • Defending Your Company from Employment Lawsuits
  • Employment Practices Litigation
  • Business Immigration
  • Employment law litigation
  • Employee benefits
  • High risk terminations
  • Legal actions against former employees who have violated a non-disclosure or non-compete clause
  • Helping You Understand and Defend Your Employer Rights
  • Comprehensive Employment Policy Manuals
  • Standards of Behavior
  • Confidentiality Agreements
  • Employee Handbooks
  • Non-solicitation / Non-competition Agreements
  • Supervising Training & Employee Workshops on hiring, interviewing, disciplining, firing, and harassment prevention