Paul Gary

Risk Management

Recognize risk in your business to promptly manage it before a problem manifests.

Anticipating Challenges to Product Warranties

An Argument for Give and Get

In his book “When,” Daniel Pink discusses the importance of timing events from the matter of their substance, or the what. Whether the timing is good or bad depends on one’s awareness of the current surroundings, and on a perspective gleaned from experience and instigated by an instinct for future…

What’s in Your Product?

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…

The Deposition

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…

Working with Window Lawyers

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…

Windows as an Element of Building Design

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…

Product Service—It’s Not Easy to Say No or Yes

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…

Energy Star Program Integrity Act Aims to Prevent Litigation

Whirlpool Corp. took action and successfully made its case to U.S. Representatives Bob Latta (R-OH) and Peter Welch (D-VT) that a manufacturer of Energy Star products is entitled to protection from private claims or rights of action under state or federal law relating to liability arising out of…