News & Analysis as of

Damages › Breach of Contract › Limitation of Liability Clause

Clark Hill PLC

California Supreme Court holds that limitations of liability provisions are unenforceable for willful conduct under Civil Code...

Clark Hill PLC on

In response to a request from the Ninth Circuit Court of Appeals to interpret the scope of California Civil Code section 1668 and its rule that parties may not contract away liability for “willful injury to the person or...more

McDermott Will & Emery

Ill-Gotten Gains: Unjust Enrichment Remedy Not Barred by Limitation of Liability Provision

McDermott Will & Emery on

Examining the issue of trade secret misappropriation when parties have contractually limited their liability from breach, the US Court of Appeals for the Eleventh Circuit reversed the district court’s dismissal of the case,...more

Potomac Law Group, PLLC

Three Tips for Your Company's Form Agreements

Potomac Law Group, PLLC on

What’s missing from your company’s form agreements? Using form agreements allows companies to achieve efficiencies, consistency, and preferred contract language, but reliance on the standard terms that have become routine in...more

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