Shep Davidson

Shep Davidson

Burns & Levinson LLP

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Is Your Liquidated Damages Provision Sufficient to Make You Whole?

The obvious purpose of a liquidated damages provision is to make your client whole in the event that your business partner breaches the agreement. Nevertheless, K.G.M. Custom Homes. v. Prosky highlights that simply having a...more

2/25/2015 - American Rule Attorney's Fees Housing Developers Liquidated Damages Real Estate Development Real Estate Investments

Make Sure You Can Afford to Pay a Bond Before Seeking an Injunction

In order to obtain a an injunction under federal law, the moving party has to show each of the following... (i) It has a likelihood of success on the merits of its claim. (ii) Without injunctive relief, it would...more

2/4/2015 - Agency Agreement Bonds Breach of Contract Federal Rules of Civil Procedure Injunctions Injunctive Relief

Don’t Overlook The Need to Show Irreparable Harm When Seeking Injunctive Relief to Enforce a Non-Compete

When seeking preliminary injunctive relief to enforce a non-compete, the moving party is often focused on how obvious it is that the defendant breached the parties’ agreement. As 7-Eleven recently learned, however, even when...more

1/19/2015 - 7-Eleven Breach of Contract Franchise Agreements Franchises Injunctive Relief Irreparable Harm Non-Compete Agreements Restrictive Covenants Retailers

Two Ways to Use Your Letter of Intent to Lock up a Deal – Maybe, For Good!

Letters of intent (LOI) are routinely used after business people have reached some degree of common ground on a potential deal. Sometimes an LOI comes very early on, before the parties know whether an ultimate agreement is...more

1/13/2015 - Contract Drafting Contract Negotiations Letters of Intent

Filing a Knee-Jerk Counterclaim Can Make a Bad Problem Worse

In today’s litigious world, it is all too common for a disgruntled former business partner to file a lawsuit based on legally weak, if not outright frivolous, claims of wrongdoing. One common reaction is to fight fire with...more

12/19/2014 - Attorney's Fees Business Litigation Counterclaims Employee Definition Employer Liability Issues Independent Contractors Motion to Dismiss Wage and Hour

If You Are a Third-Party Beneficiary, Make Sure the Contract Is Crystal Clear!

In Be Clear if You Want to Have a “Third-Party Beneficiary” in Your Contract, I discussed that if in-house counsel wanted to ensure that a person or entity achieved the status of a third-party beneficiary, it was critical to...more

11/26/2014 - Contract Drafting Insurers Third-Party Beneficiaries

Concerns Regarding Tort Claim Waivers

When Richard Angelo died during a triathlon sponsored by USA Triathlon, USAT thought that the waiver/indemnity Richard had executed would protect the organization. Unfortunately for USAT, that liability limitation turned out...more

11/11/2014 - Indemnity Agreements Waivers Wrongful Death

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