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Liquidated Damages › Reasonableness Factors

Pillsbury Winthrop Shaw Pittman LLP

New York Bankruptcy Court Strikes Liquidated Damages Provision and Related Guarantee as Unenforceable Penalty

Pillsbury Winthrop Shaw Pittman LLP on

New York bankruptcy court cautions against liquidated damages provisions that are “invariant to the gravity of the breach.” Liquidated damages provisions must be based on a “causal link” between the anticipated harm and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Taking Vacation While on Medical Leave: Massachusetts Court Rules on Liquidated Damages Under the FMLA

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 5, 2019, the Massachusetts Supreme Judicial Court (SJC) issued a decision emphasizing that an employer’s well-designed and thorough internal investigations made prior to a termination decision can provide a strong...more

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