Month: November 2015
“For Cause” – How Two Words Could Cost Twelve Million Dollars
On February 1, 2006, Wallace Leyshon was in his office at Diehl Controls North America, Inc. (DCNA), when the CFO and the new chairman of DCNA, Dr. Weigand, unexpectedly entered and fired him. However, Leyshon was under contract and asked for a reason for his termination. Weigand initially refused to tell him, so Leyshon went
Finding Joint Ventures in the Facts, Not the Contract
In the complex world of joint ventures, companies often will attempt to work together, while avoiding the term of art of “joint venture” in order to avoid potential legal implications that may follow. Take, for example, a recent case involving Michael Hiatt, an employee of Western Plastics, flame-retardant plastic manufacture. While working on the plant,
The Importance of Compliance with the Davis- Beacon Act
Recently the 7th Circuit Court of Appeals upheld nine convictions against a subcontractor who had provided work on a state and federally funded highway project after it failed to comply with the Davis-Beach Act, (the “Act”). Clark Trucking and Excavation (“Clark”) was charged with knowingly making materially false statements on matters “within the jurisdiction of