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How to Craft Liquidated Damages Clauses That Are Enforceable in NY

In many long-term contracts, such as in the services industry, it has become rather commonplace for the service provider to insert a liquidated damages clause, which essentially sets forth the specific damages they will be entitled to if the recipient terminates the contract prematurely.
As I’m sure you know, not all liquidated damages clauses are enforceable [...]

Commission Salesman Not Entitled to Recover Statutory Damages, Attorney’s Fees on Breach of Contract Claim, NY Court Holds

In today’s edition of the New York Law Journal, there was an interesting decision from a New York County trial court in a breach of contract case, Garber v. Inter Capital Resources LLC. In this case, the plaintiff was a commission salesman who sought to recover the commissions that he purportedly earned – but was [...]

The Practical Difference Between A Development Contract and a Sales Contract Under NY Law

Although, as the title of this article suggests, some things should be fairly obvious, when enough money is at stake, people will still try to throw stuff at the wall to see if any of it will stick.
In a case that they brought in Federal Court in Upstate New York, Opto Generic Devices Inc. (“OGD”) [...]