News & Analysis as of

Breach of Contract › Penalties

Mayer Brown

New Resolution Regulates the Operation of Areas and Facilities of Organized Ports

Mayer Brown on

National Waterway Transport Agency (ANTAQ) published on April 9, 2025, the Resolution No. 127/2025 (“Resolution 127”), regulating the operation of port areas and facilities located within the boundaries of organized ports....more

A&O Shearman

Disputes 101 – What can’t you agree to do in your contract?

A&O Shearman on

Beware of a penalty shoot-out - The rule against penalties is rooted in public policy, aiming to prevent contractual provisions that punish the breaching party rather than protecting the interests of the innocent party. The...more

ArentFox Schiff

An Opportunity for Review: What Are ‘Wages’ Under the Massachusetts Wage Act?

ArentFox Schiff on

In a rare positive decision for employers in Massachusetts, one of the Commonwealth’s district appellate courts held that a retention bonus is not a wage under the Massachusetts “Wage Act” (G.L. c. 149, § 148). Massachusetts’...more

Snell & Wilmer

The Uncertain World: Nearshoring, Economic Development, and the Next Frontier

Snell & Wilmer on

Historically, international trade regulation has swung between economic protectionism and national security concerns. Between World War II and the 2018 presidential election, the primary international trade regulatory issue...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

Skadden, Arps, Slate, Meagher & Flom LLP on

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Reveal

Employment Litigation: How to Prepare and Mitigate the Associated Risks

Reveal on

From allegations of workplace discrimination, sexual orientation discrimination to violations of non-compete clauses or breaches of contract, lawsuits between organizations and their employees are an ever-present threat for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid Waste Management Services: Ohio Appellate Court Addresses Whether Certain Services Constituted Grounds For Contract...

Mitchell, Williams, Selig, Gates & Woodyard,... on

The Court of Appeals of Ohio (“Appellate Court”) addressed in a May 12th Decision and Judgment (“Decision”) an issue arising out of a solid waste and transport agreement between two counties. See Board of County...more

Holland & Knight LLP

Willful or Non-Willful? That Is the Question: IRS Rejects Non-Willful Certification

Holland & Knight LLP on

In Flint v. United States, 2022 WL 3593826 (Fed. Cl. 2022), the court held that the executors of an estate could not recover a six-figure "Title 26 miscellaneous offshore penalty" (MOP) the decedent paid to the Internal...more

A&O Shearman

Nullity of penalty clauses in employment relationships

A&O Shearman on

Individual employment agreements cannot provide for penalty clauses for the breach of the employees’ obligations - Penalty clauses are sanctioned with nullity...more

Bradley Arant Boult Cummings LLP

In a Major FIRREA Victory for the Banks, the Second Circuit Overturns $1.27 Billion Jury Verdict

Bradley Arant Boult Cummings LLP on

On Monday, the Second Circuit overturned a jury verdict and $1.27 billion penalty against Bank of America imposed under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), 12 U.S.C. § 1833a....more

King & Spalding

UK Supreme Court clarifies the law on penalties Cavendish Square Holding BC v Talal El Makdessi [2015] UKSC 67

King & Spalding on

The UK Supreme Court has recently clarified the English (and Scottish) law on penalties in the (joint) appeals in Cavendish Square Holding BV v Talal El Makdessi (“Cavendish”) and ParkingEye Ltd v Beavis [2015] UKSC 67...more

K&L Gates LLP

Will you be Penalised for a Penalty?

K&L Gates LLP on

Recent Developments in the law of Penalties - The law has long struggled with two competing notions about the proper approach to penalties, namely: 1. the freedom of parties to contract, 2. preventing a party from obtaining a...more

McDermott Will & Emery

Paying The Penalty? Supreme Court Clarifies Rule Against “Penalty Clauses”

McDermott Will & Emery on

Last week, the Supreme Court of England and Wales issued a judgment that gives some welcome clarification about when a contractual provision may be deemed an unenforceable “penalty clause”. This should help employers draft...more

Morgan Lewis

English Court Finds Shareholder Default Provisions Unenforceable as a Penalty

Morgan Lewis on

Decision serves as a reminder that careful consideration should be given to provisions dealing with the consequences of breaches of restrictive covenants and other terms of commercial agreements....more

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