Latest Articles in Legal

  • Prop 65 gives food for thought
    California’s Proposition 65 is hardly new and it is relatively well-known that it requires manufacturers to establish potential warning label requirements for, among other things, all goods sold for consumer use in California. But Prop 65 is also recognized as a ready source of liability in the event of a compliance failure. These claims are pursued by the seemingly endless number of... more »
  • Proposed changes could further over-labeling
    California’s Proposition 65, the “Safe Drinking Water and Toxic Environment Act of 1986,” was recently amended by the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment. Prop 65 requires that businesses provide specific warnings to Californians for potential exposure to chemical toxicity, including products sold in California. The... more »
  • The new social cost of carbon calculation
    There is a story that Sir Walter Raleigh once wagered with Queen Elizabeth that he could measure the weight of the smoke from his cigar. She took the bait. Raleigh first weighed the full cigar on a scale, then began to smoke it, tapping the ashes out onto the scale as he smoked. Finishing the cigar, he placed the unsmoked butt end onto the scale with the ashes, measured the weight and subtracted... more »
  • 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 »