John Nolan

Contractual Choice-of-Law Provisions

Intended to create clarity and consistency, these provisions are subject to varied interpretations and enforcement.

The Validity of Electronic Transactions and Contracts

While the basic legal concepts of what constitutes “mutual assent” to form an agreement and the “writing” necessary to memorialize one still exist, those concepts have also broadened to keep pace with the new technology.

Is it Better to Forget a Face?

A review of biometric privacy trends, laws that regulate the collection, use, storage, protection and destruction of BI, and best practices to avoid risk.

Summary Judgment: A Legal Procedure to Limit Litigated Claims

In a lawsuit, a plaintiff bears the burden to prove the case he/she brings against a defendant. Summary judgment is a legal procedure by which a judge, rather than a jury, can decide a claim or part of the claim for either the plaintiff or defendant.

The Force Majeure Clause, Version 2.0

Contractual force majeure provisions should address the effects of overall uncertainty that exist between a contract’s parties.

CARES Act: Small Business Loan Options for Fenestration Companies

To assist businesses during the COVID-19 crisis, there are two intriguing Small Business Administration loan programs that are part of the new CARES Act signed into law on March 27, 2020.

First Look at the CARES Act

The Coronavirus Aid, Relief and Economic Security Act economic provisions include broad assistance and incentives to shore-up businesses and institutions impacted by the COVID-19 pandemic.

Trade Secrets

A trade secret involves confidential information that provides (or will provide) economic benefit or advantage to a business that would be lost if it were misappropriated or disseminated to the public. State and federal laws include various remedies that provide businesses ways to protect the value…

Addressing Subpoena Requests

Most litigation takes place in the state court system. For example, a dispute arising out of construction in Illinois will normally be litigated in a regional Illinois state court. There are exceptions, but this is the general rule. This remains true even if some of the parties have their…

Trends in Modular Construction

There is a general consensus that the U.S. is in the midst of a “housing crisis.” Reports from the Census Bureau, National Association of Home Builders and research-based entities such as the Joint Center for Housing Studies of Harvard University, report that multiple factors are at play. In its…

The Green Issue

Green building and energy performance are ever-developing areas within the construction industry. So too are the associated risks for industry stakeholders. So far, claims relating to green building construction have been—and will likely continue to be—asserted based on theories that resemble…

Watch Your Language

Written limited warranties are exceptionally good tools for defining the expectations of buyers and sellers regarding a product up-front. However, manufacturers and sellers should be aware that, despite the express terms and limitations of the written warranty, in other words, representations or…

Biometric Information

It is safe to say that recent events and media coverage of digital security issues, including the unauthorized use of personal information through social media and large data breaches, have been a focus of concern. Consider the publicity surrounding Mark Zuckerberg’s Capitol Hill testimony…

Social Cost of Carbon

A little over a year ago, we provided a general summary of then-recent events relating to the development and implementation of an innovative conceptual number, expressed monetarily, known as the “Social Cost of Carbon.” SC CO2 is defined by the EPA as an estimate of the economic damages…

Ingrained Innovation

Sometimes innovation occurs not when something new is created, but when an improvement to an existing process advances new ideas and practices. In the ever-evolving world of fenestration, innovation is ingrained in the industry. While innovation brings about improvements and breakthroughs,…

Changing the Rules

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…