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Barring an enforceable liquidated damages and/or limited liability contract provision, the rule is that you can recover your lost profits in a breach of contract case in New York. That’s the good news.
But here’s the bad news: since demonstrating that you actually lost profits based upon the other side’s conduct – and if so, how [...]
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 [...]
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”) [...]
The Small Business
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