Latest Articles in Legal

  • Avoid antitrust exposure with conscientious competition
    Tradeshows are wonderful opportunities to meet new people, reconnect with old friends and learn something new. They also put companies into close contact with their market competitors. And, where market competitors come together, the specter of antitrust violations is present. Before eyes glaze over at the thought of an article addressing antitrust laws, recall that competition laws in the United... more »
  • Do the work right in the beginning; benefit your company in the end
    Due diligence seems most often associated with mergers and acquisitions, where the acquiring entity looks deep into the target company—they want to know what they will get when they pay. But there are also certain situations that arise in the process of designing and fabricating windows and doors that call for due diligence, as well. If you want to have confidence in what you will get out... more »
  • What you need to know to prepare and tips to get through it
    In common parlance, a deposition is a sworn pretrial statement normally taken by an opposing party in litigation. The transcript of questions and answers can be used to cross-examine witnesses at a later trial or as independent trial evidence, under the right circumstances. As depositions have become an all-too-common feature of the American business world, we are going to cover a few basics... more »
  • What the U.S. Supreme Court’s stay of the Clean Power Plan means for the fenestration industry
    On Oct. 23, 2015, the U.S. Environmental Protection Agency released the final version of the “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electrical Generation Units” 80 Fed. Reg. 64,662, also known as the “Clean Power Plan.” The CPP’s unwieldy official title only hints at the complexity of this 303-page regulation. It consists not only of... more »
  • Class action litigation has become a reality of the fenestration industry. These attacks come in many forms including those directed at a common method of assembly or fabrication practices—that is, a manufacturing defect. This is an important legal reality that window and door companies need to know about. Background Product liability is a legal theory that generally focuses on three... more »
  • Window Product Category Rule Requirements
    A new Window Product Category Rule was recently created through the joint effort of the American Architectural Manufacturers Association, Insulating Glass Manufacturers Alliance, Glass Association of North America and Window and Door Manufacturers Association. This PCR is the guide for developing an Environmental Product Declaration, which is the manufacturer’s detailed statement of the... more »
  • Picture this scenario: a property owner finds one or more things actually “wrong” with his house. He ultimately sues the developer and general contractor, but expands his list to include the original items, plus a number of smaller things that, “could have been better.” The original defendants turn around and sue every entity who performed labor or supplied product to the... more »
  • Every significant business has a multi-layered intersection with the risk inherent in the American legal system—product manufacturers and resellers especially. From the product perspective, lawyers who manage the risk at these layers require a knowledgeable connection between established legal issues and the nuances of the fenestration business. To be sure, there are a few areas you might want to... more »
  • It is better to understand the business you are in by recognizing the business you are not in. This premise will be helpful as we look at how to avoid claims based upon product selection. Such claims include allegations of unsuitability for site conditions, deviation from project specifications and failure to meet code requirements. Today’s windows, skylights and sliding glass doors... more »
  • In most situations, if you sell it, you service it. This is true for window manufacturers and component vendors. The goal is to maintain customer satisfaction while keeping the scope of service activity within the “four-corners” of the product warranty, i.e. the service effort required by the warranty. With the twists and turns of real life, though, that can be difficult to do. Every service... more »