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Bill Bock and the USADA Team
Kroger, Gardis & Regas partner, Bill Bock, who serves as General Counsel to the United States Anti-Doping Agency (USADA) recently concluded a high profile investigation into anti-doping rule violations engaged in by Alberto Salazar and Dr. Jeffrey Brown, who were affiliated with the well-known distance running group formerly known as the Nike Oregon Project (NOP). Salazar, once regarded as one of the best known running coaches in the world, and Brown, who served for years as a performance consultant to the Nike Oregon Project (NOP), are now suspended from the sport for four years. On September 5, 2019, a AAA arbitration panel found Salazar guilty of trafficking testosterone, tampering with the doping control process and administration of prohibited, over-limit L-carnitine infusions. The arbitration cases against Salazar and Brown were the result of a more than 6 year investigation into the conduct of Salazar and Brown by USADA and a 2 year arbitration process in which Salazar and Brown contested the charges against them and Bock served as USADA’s lead counsel. USADA’s investigation was aided by whistle blowers who came forward with their personal observations and provided USADA with access to their patient records with Brown and their email communications with Salazar. Fallout from the ban has resulted in the NOP being shuttered in an announcement made by Nike the week after the arbitration decisions. “The athletes in these cases found the courage to speak out and ultimately exposed the truth,” said USADA Chief Executive Officer Travis T. Tygart. “While acting in connection with the Nike Oregon…
Blog, Construction Law, News
New Protections for Architects, Engineers and Other Design Professionals Senate Bill 230 Becomes Law
On July 1, 2019 Senate Bill 230 becomes law giving important new protections for architects, engineers and other design professionals (DPs). The DPs “duty to defend” their clients becomes null and void for contracts entered into after July 1st. This duty was uninsurable and exposed DPs to significant costs during litigation, prior to any finding of negligence. Also on July 1st, indemnification between parties to construction contracts is reconfirmed, reversing a prior Court ruling. Greg Cafouros, Chair of KGR’s construction law practice group, assisted the American Council of Engineering Companies in shepherding this new law through the Indiana Legislature. Greg is standing third from left at the bill signing ceremony with Governor Holcomb, with Rep. Jerry Torr and Sen. Mark Messmer.
Construction Law, News
NEW LAW PRODUCES SIGNIFICANT CHANGES IN THE FIELD OF DESIGN PROFESSIONAL LIABILITY – SENATE BILL 230
A significant change has occurred in the field of design professional liability during this session of the Indiana Legislature. Senate Bill 230 was passed and it has been signed by Governor Holcomb. This new law fixes a troubling decision from the Court of Appeals and eliminates a design professional’s duty to defend its client if the client is sued. A discussion of both aspects of the bill follows. The Anti-Indemnification Statute One of the hallmarks of a standard construction or design contract is the inclusion of an indemnity provision, which can be found in all AIA and most other construction contract documents. Essentially, indemnification is when one party to a contract (known as the “indemnitor” or “promisor”) agrees to pay any amounts which the other party to the contract (known as the “indemnitee” or “promisee”) is required to pay in a lawsuit (including defense costs). The typical scenario involving indemnity agreements occurs when a general contractor subcontracts out different portions of a construction project, and the employee of a subcontractor is injured on the job site. If the subcontractor’s employee receives workers compensation benefits, the subcontractor’s employee will be prohibited from suing his employer. However, a typical plaintiffs’ attorney will file a lawsuit on behalf of the injured subcontractor’s employee against the property owner, the general contractor, and in some cases the architectural/engineer/design firm that prepared the plans for the project. Normally, the plaintiffs’ attorney for the injured subcontractor’s employee will sue the property owner, general contractor, and/or architectural/design firm under a vicarious liability theory. As…
Blog, News
Announcing Our 2019 Best Lawyers
We are pleased to post that the following attorneys from the firm have been selected to the The Best Lawyers in America (2019 Edition). Banking and Finance Law Jay P. Kennedy Madalyn S. Kinsey James G. Lauck Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Jay P. Kennedy James A. Knauer Closely Held Companies and Family Businesses Law Brian C. Bosma Corporate Compliance Law David E. Wright Environmental Law Gregory P. Cafouros Government Relations Practice Brian C. Bosma Litigation – Banking and Finance Jay P. Kennedy James G. Lauck Litigation – Bankruptcy James A. Knauer
Appearances, Banking and Commercial Transactions, Blog
Madalyn Kinsey attended the Annual ACMA meeting as State Chair
Formed in 1974, the American College of Mortgage Attorneys (ACMA) is comprised of more than 400 lawyers in North America who are experts in mortgage law. Madalyn S. Kinsey focuses her practice in the representation of financial institutions in commercial lending transactions, real estate financings, work-outs, floor plan financings, aircraft financing, and bank regulatory matters. She represents real estate developers and investors in the construction, acquisition, management, and leasing of commercial real estate projects. She represents business entities in complex financings and joint ventures. https://www.acmaatty.org/page/AboutACMA
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