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Exclusionary Clauses Summary Judgment

A&O Shearman

Exclusion clauses: grasping the nettle at the summary stage

A&O Shearman on

The High Court has granted summary judgment on the basis that a claim for breach of various general contractual obligations were subject to an effective exclusion clause. The clause was also not subject to the...more

Latham & Watkins LLP

Narrowing the Gap for the Price-Cost Test: Lessons From Eisai v. Sanofi-Aventis

Latham & Watkins LLP on

For companies that rely on price discounting as a sales and marketing tool, navigating antitrust risk can be difficult. Lower prices always benefit customers in the short run, but economic theory creates room for plaintiffs...more

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