By: David L. Simmons, Drewry Simmons Vornehm, LLP Contracts frequently contain conditions that specify the level of performance required by the parties. For example, some contracts require a party to exercise “commercially reasonable efforts” in performance of its obligations. Not infrequently, contracts contain a… Read More >
DSV Blog
Did You Promise Him a Rose Garden? The Duty of Best Efforts in Contract Law
EEOC Launches “Small Business Resource Center”
By: Melanie Dunajeski, Drewry Simmons Vornehm, LLP As an employment attorney, I have long consulted resources on the EEOC run website (www.EEOC.gov), but found that site to be long on resources for employees seeking to file a charge of discrimination while at the same… Read More >
New Rules of Litigation: Indiana Courts Implement E-Filing
By: William E. Kelley, Jr., Drewry Simmons Vornehm, LLP During my early days as a law clerk, I was tasked with researching property records at county courthouses by reviewing handwritten entries in large, oversized transfer books in the Auditor’s Office, where all real estate… Read More >
Regulating the Workplace During the 2016 Presidential Election
By: Shelbie Byers, Drewry Simmons Vornehm, LLP Aside from some statutorily protected rights for employees who make reports of workplace harassment or whistleblowing, participate in workplace harassment or whistleblowing, and some applicable rules regarding protected concerted activities, private employees have no “free speech” rights… Read More >
Businesses Have a New Remedy to Protect Trade Secrets
By: David L. Simmons, Drewry Simmons Vornehm, LLP A new federal law governing trade secrets – the “Defend Trade Secrets Act” (DTSA) – went into effect on May 11, 2016. The DTSA authorizes a company that has been the victim of trade secret theft… Read More >
Appellate Court Holds ELA Claim Time Barred and Petroleum Releases Statute Did Not Provide Private Cause of Action Against Former Operators
By: David A. Temple, Drewry Simmons Vornehm, LLP Earlier this month, the Indiana Court of Appeals provided guidance on the applicable statute of limitations for claims brought under the Indiana Environmental Legal Actions Statute (ELA), Indiana Code § 34-11-2-11.5, and the ability of a… Read More >
7th Circuit Overrules “Convincing Mosaic” Method of Proof in Title VII Cases
By: Shelbie J. Byers, Drewry Simmons Vornehm, LLP On August 19, 2016, a three-member panel consisting of Judges Posner, Easterbrook and Hamilton, of the 7th Circuit Court of Appeals, which decides cases from federal circuit courts in Indiana, Illinois and Wisconsin, overruled a cadre… Read More >