January 2018

DSV Newsletter
WHAT DOES the harvey weinstein sexual harassment scandal have to do with your business?
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Melanie M. Dunajeski
    It started with a trickle--first one actress and then another announced allegations of sexual harassment, assault, and worse against powerful Hollywood producer Harvey Weinstein. Before long it was a deluge of accusations against Mr. Weinstein spanning decades, many of the accusations involving very well known and respected women. From there, women (and men, too) started speaking out against misconduct in a variety of businesses- hospitality, government, politics,  there is a new one every day.  Others are coming forward to say that they are ashamed that they silently observed this conduct over the years yet did nothing.  It is in the news, all day, every day, and is sparking conversations in the workplace between co-workers. People who may have been loathe to make a complaint or accusation in the past may now see that there is a sea change, and feel confident enough to come forward. As more come forward, more serial abusers will no doubt be identified, witness the web phenomena of the #MeToo campaign wherein women of all walks of life identified episodes where they had been sexually abused or harassed.

COntracts matter - Limitation of Liability provisions
Thaddeus J. Schurter
A recent case from Colorado underscores the importance of well drafted contract provisions to effective risk management strategies at the front end of the project.
In Taylor Morrison of Colorado, Inc. v. Terracon Consultants, Inc., an engineering firm faced with a $9,586,056 jury verdict for breach of contract, successfully asserted its contractual limitation of liability provision to cap its exposure at $550,000.
In Taylor , the plaintiff developer of a residential subdivision retained Terracon Consultants, Inc. ("Terracon") to provide geotechnical engineering and construction materials testing services for the subdivision.  Taylor and Terracon agreed to a contractual limitation of liability provision that capped Terracon's total aggregate liability to Taylor at $550,000.  


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            DSV welcomed new Attorneys, Alyssa Hughes and Tyler Lemen, to the firm in January.
       Alyssa received her J.D. from the University of Notre Dame Law School in 2017.  She is an Associate with the firm's litigation practice.  Tyler graduated with his J.D. from the Indiana University Robert H. McKinney School of Law in 2017.  He has joined the firm as an Associate in the healthcare services practice.
        We are excited to have Alyssa and Tyler join the DSV team!

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By: Erik S. Mroz

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