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Court Watch
Over the years, liquidated damages clauses have continually been the subject of judicial controversy. In the franchising context, a liquidated damages clause is intended to represent an agreement between the parties as to what amount a franchisee should pay to a franchisor when the franchise agreement is terminated before its expiration, usually as a result of a breach of the agreement by the franchisee. The general rule is that payments required under liquidated damages clauses must be a reasonable approximation of the actual damages that might have been occurred, rather than a penalty.
Generally, courts have enforced liquidated damages in franchise agreements more often than not, but they have kept a close eye on these agreements, looking out for overreaching terms by the franchisor. The exact parameters as to what is unreasonable, and what is not, have been moving targets.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
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Bankruptcy Sales: Finding a Diamond In the Rough
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
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Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.