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Unenforceable Contract Terms Contract Terms Waivers

A&O Shearman

Disputes 101 – What can’t you agree to do in your contract?

A&O Shearman on

Beware of a penalty shoot-out - The rule against penalties is rooted in public policy, aiming to prevent contractual provisions that punish the breaching party rather than protecting the interests of the innocent party. The...more

Williams Mullen

Are the Bankruptcy Provisions in Your Executory Contract Enforceable?

Williams Mullen on

Most every business relies on executory contracts, which often contain at least one bankruptcy provision. It is important for businesses to be aware of the common bankruptcy provisions that cannot be enforced in a bankruptcy...more

Pierce Atwood LLP

The Intersection of Workers’ Compensation Immunity and Contractual Indemnity

Pierce Atwood LLP on

The workers’ compensation statute in many states provides that the workers’ compensation benefits received by an injured employee is the employee’s exclusive remedy. The benefits are paid based on a no-fault basis and the...more

Seyfarth Shaw LLP

Pre-Dispute Arbitration Agreements And Non-Disclosure Provisions On The Chopping Block In New Jersey

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Legislature recently passed Senate Bill 121 affecting claims of discrimination, harassment, and retaliation, which if signed into law, would render any prospective waiver of rights against...more

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

California Court Invalidates Arbitration Agreement With PAGA Waiver

In an unpublished decision, the California Court of Appeal, Third Appellate District denied an employer’s motion to compel arbitration of a former employee’s Private Attorneys General Act (PAGA) claims. Instead, the court...more

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