The Supreme Court ruled earlier this week 5-4 in favor of Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. in the case of Burwell v. Hobby Lobby (formerly named Sebelius v. Hobby Lobby). The case was the strongest legal challenge to the Affordable Care Act since 2012. The case concerned the Department of Health and Human Services...Read More
Security and value – win/win objectives sought by both sellers and buyers in negotiating supplier documents. Where pursuit of these objectives is sincere, one finds healthy supplier/purchaser relationships. Long-term profitability more often follows. This is rarely more apparent than in this week’s business news. Pharma leader Eli Lilly was reportedly just hit with a $6...Read More
Suppliers and customers often pay little attention to the general terms and conditions of sale – the “boilerplate” – found in supply contracts and other business forms. But if a dispute arises between the parties, these terms and conditions are critical in determining your rights and a business’s liability exposure. In this FREE seminar, KDDK...Read More
On December 13, 2013, U.S. District Court Judge John Gleeson approved a $5.7 billion settlement between Visa, MasterCard and U.S. merchants over allegations that the two companies were fixing the fees charged to merchants each time customers used their credit or debit cards. Visa and MasterCard were also accused of preventing merchants from steering customers...Read More
An “all requirements” supply contract (a.k.a purchase order, purchase contract) binds the purchaser to buying all of its needs for a specified product exclusively from the supplier. Likewise, the supplier, in turn, agrees to fill all the purchaser’s orders during the term of the Agreement. In this ever-competitive but limited source global marketplace, suppliers often...Read More
Ever since the signing into law of the Indiana Medical Malpractice Act (MMA) by Governor Otis Bowen in 1975, physicians and other health care providers in Indiana have had no worries about potential exposure of their personal assets as the result of a judgment in favor of a patient in a medical malpractice lawsuit. This...Read More
Manufacturers routinely rely on suppliers to provide quality components to be used in the final product. Manufacturers may assume that suppliers have a legal obligation to provide components that work properly. Indeed, the law does provide for certain warranties in the sale of goods even when the parties to the transaction do not reduce their supply agreement...Read More
Landlords who do not want tenants to sell the naming rights to their buildings need to include language to this effect in the lease. This was illustrated by a case recently decided by the Indiana Court of Appeals, Murat Temple Ass’n, Inc. v. Live Nation Worldwide, Inc. Court of Appeals of Indiana 953 N.E.2d 1125...Read More
The question routinely comes up of whether an employer may bring a lawsuit against a third party for injuries suffered by an employee as a result of a third party’s negligent act. For example, an employee is injured in an automobile accident with a third party. The third party is at fault for the employee’s...Read More
In April 2012, Congress passed the Jumpstart Our Business Startups Act (“JOBS Act”). Section 201(a)(1) of the JOBS Act directed the Securities and Exchange Commission (“SEC”) to remove the prohibition on general solicitation and general advertising for securities offered under Rule 506 of Regulation D, provided that such sales were limited to accredited investors and...Read More
