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Kira Systems | USA | 2 Jun 2020
An Analysis of Liquidated Damages and Contract Rejection in Bankruptcy
As the novel coronavirus (COVID-19) pandemic continues to devastate economies worldwide, we're seeing a wave of Chapter 11 bankruptcy filings. These…
Nelson Mullins Riley & Scarborough LLP | USA | 31 Jan 2020
Board of Trustees of the University of Arkansas v. John Scott, Jr.: Drafting Buyout Clauses Reflecting the Economic Realities of Today’s College Football Game
On Nov. 18, 2019, the Board of Trustees for the University of Arkansas ("UA") filed a lawsuit against former defensive line position coach John Scott…
Clyde & Co LLP | United Kingdom | 20 Jan 2020
Do liquidated damages clauses survive contractual termination?
Following what has been a series of conflicting judgements, the case of Triple Point in the Court of Appeal has begun to shed some much needed light…
Cadwalader Wickersham & Taft LLP | USA | 22 Nov 2019
Exposure and Remedies under Completion Guaranties
Under a completion guaranty, sometimes referred to as a “cost overrun guaranty,” the guarantor typically guarantees any excess of the cost of…
Clayton Utz | Australia | 22 Aug 2019
Liquidated damages guarantee enforced
In Bettar Holdings Pty Ltd v All Sydney Plumbing Pty Ltd, Justice Parker determined a liquidated damages claim against a third party guarantor in…
Minor & Brown PC | USA | 6 Aug 2019
What Does the Equal Pay Act Mean for You?
Equal pay is the law in Colorado. Governor Polis signed a bill that made Colorado the tenth state in the country to pass an equal pay law. Colorado’s…
Irwin Mitchell LLP | United Kingdom | 24 Jun 2019
Is your contract’s bark louder than its bite? When and how to use liquidated damages
Since the Supreme Court issued its joint judgement for Cavendish Square Holding B.V. V Talal El Makdessi (El Makdessi) and Parking Eye Limited v…
DAC Beachcroft | European Union, USA | 5 Jun 2019
Glyphosate Update
This was the first case decided against Monsanto in which the plaintiff was initially awarded $289m in damages, later reduced to $78m. Bayer has now…
DAC Beachcroft | United Kingdom | 22 May 2019
Liquidated Damages post termination
In 2012, TPT a supplier of software used in commodities trading was engaged by PTT, a commodities trader, to provide a new software system for trading…
Fenwick Elliott Solicitors | United Kingdom | 5 Apr 2019
Triple Point Technology Inc v PTT Public Company Ltd
This was an appeal by the supplier of a software system against a TCC judgment dismissing its claim and ordering it to pay substantial damages on the…
