News & Analysis as of

Disclaimers Breach of Contract

Herbert Smith Freehills Kramer

Re Mayne Pharma Group Ltd [2025] NSWSC 1204

The judgment clarifies key principles around Material Adverse Change (MAC) clauses, forecast disclaimers, and termination rights. On 15 October 2025, the NSW Supreme Court found that US pharmaceutical company, Cosette...more

Dorsey & Whitney LLP

Employee Handbooks (and Policies): Make Sure that the Policies and Disclaimer Accomplish their Purpose

Dorsey & Whitney LLP on

On February 3, 2021, in Hall v. City of Plainview, A19-0606, the Minnesota Supreme Court gave something to employees and employers alike when it addressed the issue of whether a handbook policy can create a unilateral...more

Pillsbury Winthrop Shaw Pittman LLP

OEM Disclaimers Withstand Challenge in Helicopter Crash: Damage to helicopter from defective part constitutes excluded...

On July 2, 2015, the U.S. District Court for the Eastern District of New York issued a decision in City of New York v. Bell Helicopter Textron, Inc., 13 CV 6848 that left the plaintiff without any remedy against the...more

Bilzin Sumberg

Homebuilder Series Webinar: Protecting Your Company From Misrepresentation Claims Through Contractual Exculpatory Clauses

Bilzin Sumberg on

Watch an in-depth Bilzin Sumberg Homebuilder Series webinar that discusses protecting your company from misrepresentation claims through contractual exculpatory clauses. This seminar discusses the case of Duggan, LLC v....more

Baker Donelson

Finally - A Different Result for a Government Contractor's Differing Site Condition Claim

Baker Donelson on

For any government contractor that has had a differing site condition claim denied despite relying on a government geotechnical report about the subsurface conditions of the project site, the U.S. Court of Appeals for the...more

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