False Claims Act Insights - Assessing the Fallout from a Thermonuclear FCA Verdict
3 Key Takeaways | What Corporate Counsel Need to Know About Patent Damages
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years
Supreme Court to Settle Circuit Split Regarding RICO Damages Arising From Personal Injuries — RICO Report Podcast
RICO Damages — RICO Report Podcast
(Podcast) The Briefing: How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
The Briefing; How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
Using Expert Witnesses in FCRA Cases - FCRA Focus
#WorkforceWednesday: How to Pursue Damages in Trade Secrets Litigation - Employment Law This Week® - Spilling Secrets Podcast
How Do You Measure The Economic Value of Ecosystems?
Podcast: Discussing Florida Tort Reform with William Large and Tiffany Roddenberry
6 Key Takeaways | Presenting Damages in International Arbitration
Bar Exam Toolbox Podcast Episode 167: Listen and Learn -- Direct and Derivative Actions (Corporations)
Law School Toolbox Podcast Episode 306: Listen and Learn -- Intentional Torts: Defamation
JONES DAY TALKS®: Private Antitrust Litigation in Spain
PODCAST: Williams Mullen's Trending Now: An IP Podcast - IP Litigation Trends: Are Large IP Litigation Damages Awards Here to Stay? – Part 2
PODCAST: Williams Mullen's Trending Now: An IP Podcast - IP Litigation Trends: Are Large IP Litigation Damages Awards Here to Stay? – Part 1
JONES DAY TALKS®: Private Antitrust Litigation in Europe: The Big Picture
In a major change to a law that produced extraordinarily high damages claims and settlements, the Illinois General Assembly amended the Biometric Information Privacy Act (BIPA) to substantially reduce potential liability for...more
A flood of class action lawsuits have been filed against companies alleging violations of New Jersey’s Daniel’s Law. The statute – enacted after the son of a New Jersey federal judge was fatally shot by a disgruntled lawyer –...more
Construction contacts often include provisions that provide for pre-determined or “liquidated” damages in the event of a breach. Such provisions can provide certainty to the parties as to the consequences of a breach and can...more
Employers that fail to pay required minimum wage or overtime under the Fair Labor Standards Act are liable for the amount of missed wages: doubled, plus attorneys fees, costs, and interest. The court can award such damages...more
Many contracts contain provisions regarding “liquidated damages,” which purport to fix the amount of money that one party will pay to the other in the event of a breach of their contract. Calling them “damages,” however, is...more
On June 7, 2023, the New York State Senate passed new sweeping legislation, Senate Bill S3100A (the "Bill"), which would ban post-employment noncompete agreements in New York. The Bill now heads to the New York State...more
Liquidated damages provisions in commercial and residential real estate contracts play a vital role when a transaction goes south, and should be given careful consideration when negotiating a real estate contract. Liquidated...more
You might be forgiven for thinking that any time a party wants to get out of a liquidated damages provision, it argues the clause is an unenforceable party. However, in a recent case, a contractor sought to avoid liquidated...more
Following a nationwide trend, New Jersey recently joined a growing list of states seeking to limit the use of non-compete and non-solicitation agreements by employers. On May 19, 2022, the New Jersey Assembly’s Labor...more
In a recent Arizona case, the trial court held that an owner could sue a subcontractor directly for recovery of the owner’s consequential delay damages based on the subcontract’s express indemnity clause, notwithstanding that...more
Smart Sand Inc. v. US Well Servs. LLC, C.A. No. N19C-01-144 PRW CCLD (Del. Super. June 11, 2021) - A liquidated damages provision is enforceable under Delaware law if: (1) damages are uncertain at the time of contracting;...more
Sir Rupert Jackson sitting in the Court of Appeal had found that the liquidated damages clause providing for liquidated damages to be paid for each day of delay by the contractor “from the due date for delivery up to the date...more
Q2 2020 saw a tangible increase in the number of queries from clients asking about the enforceability of take or pay clauses common in supply agreements. Intermingled with questions around force majeure, the key issue appears...more
The U.S. Department of Labor (“DOL”) has issued new guidance restricting when the government can seek liquidated damages, which double the amount owed by employers, to settle overtime and minimum wage investigations prior to...more
Nearly six years after its opinion in FPL Energy, LLC v. TXU Portfolio Mgmt. Co., the Texas Supreme Court once again took up the issue of whether liquidated damages constitute an unenforceable penalty in Atrium Medical...more
In this class action, truckers for Wal-Mart alleged they should have been but were not paid for layovers, rest breaks and inspections. The district court determined and the Ninth Circuit affirmed that the time drivers spent...more
When drafting or negotiating any contract, businesses should give careful consideration to avenues of recovery in the event of a breach by the other party. At times, this determination is straight-forward, such as where a...more
When seeking to enforce a restrictive covenant, whether a noncompete or a nonsolicit, the standard play-book calls for an aggrieved party to file suit and seek a temporary restraining order and preliminary injunction to...more
The Court of Appeal of England & Wales considered, in respect of a delayed software project, whether a liquidated damages provision survived termination of the contract....more
In a recent decision out of the District of Connecticut, defendants MacBeth Collection, L.L.C, its affiliates, and owner found themselves in hot water when Judge Merriam determined they violated a permanent injunction barring...more
On April 16, 2018, a California federal court certified a class of individuals suing Facebook for violating Illinois’s Biometric Information Privacy Act, paving the way for potentially billions of dollars in statutory...more
Imagine this scenario: Your company is in Arizona and one of your sales representatives goes to work for a competitor. He knows all about your pricing and bidding practices, so he helps your competitor undercut your prices....more
A liquidated damages clause can be a useful tool in a contract to reduce uncertainty and the time and resources spent on potential disputes. Liquidated damages clauses specify the amount of damages to be paid by the breaching...more
University Paid Female Full Law Professors Significantly Less Than Male Counterparts, Federal Agency Charges - DENVER, Colo. - The University of Denver violated federal law by paying female employees lower wages than...more
We’ve all heard the proverb, “Prepare for the worst, but hope for the best.” Nowhere is that advice more fitting than in drafting a contract. Of course, the main focus of any negotiation will be the terms of the deal itself –...more