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Direct vs. Consequential Damages - What is the Difference, Really?
  • Commonsense Construction Law LLC
  • USA
  • November 3 2016

Many people, even while negotiating the terms of a contract “mutual waiver of consequential damages” clause, fail to appreciate the distinction


Network interference - a legal guide to the commercial risks and rewards of the social media phenomenon
  • Reed Smith LLP
  • European Union, Global, United Kingdom, USA
  • April 22 2014

Social media is a revolution in the way in which corporations communicate with consumers. This White Paper will help you to maximise the huge


Owners Beware: Washington Appellate Court Holds Playing ‘Gotcha’ With Project Submittal Review Could Breach the Duty of Good Faith and Fair Dealing
  • Pepper Hamilton LLP
  • USA
  • June 15 2017

This case arose out of a public project in which the City of Olympia (“City”) hired Nova Contracting, Inc. (“Nova”) to replace a culvert. A prior


What Are Consequential Damages on a Construction Contract?
  • Jimerson & Cobb P.A.
  • USA
  • October 24 2016

When a party breaches a contract and the contract does not contain a valid liquidated damages clause, the non-breaching party may be entitled to


Unconfirmed complaints may be enough to trigger an early OFCCP audit
  • Constangy Brooks Smith & Prophete LLP
  • USA
  • June 14 2017

Can a year-old rumor be enough to bring the OFCCP running? One administrative law judge says it can. Judge Lystra Harris recently ruled that, because


What does the Affordable Care Act have to do with independent contractors?
  • Liebert Cassidy Whitmore
  • USA
  • August 12 2014

When we think of the Affordable Care Act ("ACA"), we invariably think of health insurance. The ACA mandates that any employer with 50 or more full


O Ye of Little Faith: Breaching the Duty of Good Faith and Fair Dealing While Complying with the Express Terms of a Government Contract
  • Morrison & Foerster LLP
  • USA
  • June 12 2017

In contracts - and especially in government contracts, where one is expected to “turn square corners” - we often analyze breach of contract in light


Deeper Dive: Meeting the FCA’s Intent Requirement
  • Bass, Berry & Sims PLC
  • USA
  • June 12 2017

The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government


May 2017: The Top 10 Labor And Employment Law Stories
  • Fisher Phillips
  • USA
  • June 2 2017

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months


Court Reissues LCFS Opinion Per ARB Petition For Reconsideration
  • Latham & Watkins LLP
  • USA
  • June 8 2017

As discussed in a previous post, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) ruled on April 10, 2017 that the