The aim of a liquidated damages clause is to specify in advance the indemnification for a party that suffers from a breach of contractual obligations. Non-performance of a contract, without any evidence of actual damage, is grounds for pre-estimated compensation. This clause obviously limits the necessity to seek indemnification in court and is in demand in business contracts. However, if challenged, its efficiency may be greatly reduced by the intervention of a judge who has the power to modify the amount of the compensation determined in the contract. The distinction between liquidated damages and penalty clauses has a greater impact in common law countries than in those influenced by Civil Code tradition. This QuickCounsel assesses several court decisions in various European countries that bring to light these differences.

Unless companies are content to serve as fodder for future editions of the Consumer Financial Protection Bureau's (CFPB) Supervisory Highlights report and as the subjects of glowing CFPB press releases announcing eye-popping consumer recoveries and civil money penalties, they will finally make the investments that are necessary to effectively regulate their own conduct and to minimize the risks they pose to consumers.

The number of legal ops roles was exploding. More positions were being given more responsibility and being empowered to run departments and make impactful change. Legal ops leaders were being asked to do this without tools. The ACC Legal Ops group set out to create the first of its kind maturity model, toolkit and Legal Ops 101 (the bootcamp) to really jumpstart the industry.

In a recent article in Harvard Business Review, a team of researchers showed that 78% of transformations fail. Their analysis showed that “people are the catalysts of successful transformation.” Check out this article to find out how to move beyond working in silos, incremental improvement, and isolated innovation to achieve transformation and why it’s important to have a structured process to engage leadership in setting objectives and guiding transformational change.  

This short article offers ten practical tips for drafting and negotiating international agreements.

This article provides an overview of the False Claims Act (FCA).

In this article you will learn about, the types of FCA cases in health care, damages and penalties under the FCA, and cooperation considerations for companies and individuals under government scrutiny.

Welcome to in-house practice! Get up to speed quickly with this specially curated content for new corporate counsel. Sponsored by Saul Ewing LLP.

How and when employers respond to employee political speech requires careful legal and practical considerations.

This article discusses the challenges and potential exposure private sector employers face when regulating or responding to employee political speech and content affecting the workplace.

On April 23, 2024, the US Federal Trade Commission voted 3-2 to adopt a sweeping final rule banning the use of non-compete agreements nationwide.

This article provides of an overview of the final rule, which marks an abrupt departure from existing law in many jurisdictions and has drawn almost immediate legal challenges.

In February 2024, the U.S. Department of Health and Human Services (HHS) issued the much anticipated final rule to update the Confidentiality of Substance Abuse Disorder Patient Records regulations at 42 CFR Part 2 (Part 2).

This article discusses the amendments to Part 2 and its most impactful revisions, including the amendments to loosen patient consent requirements, regulate SUD counseling notes, and create new patient rights and breach notification requirements.

Research shows that only 30% of digital transformation initiatives succeed in meeting their goals . The primary reasons? Employee resistance and a lack of change management. Read this article to learn more about how to handle collaborators' resistance to digital change.

Commercial tenants are likely to encounter the common triple net (NNN) lease; however, without negotiating more favorable terms, they risk accepting an agreement that most often favors landlords.

This resource provides some tips to negotiating more favorable terms.

The hype around Generative AI has contributed to a wave of interest in how to apply many forms of artificial intelligence, not just GenAI. 

This article provides an overview of the technology concepts to consider when assessing legal workflow automation (WFA) tools as many providers are enhancing their solutions with AI.

In today’s regulatory landscape, corporations must be ready to tackle export control investigations with expertise and diligence.

This checklist outlines essential steps for navigating potential compliance issues.

Boost your career and develop important legal and business skills with this ACC toolkit. Find practical tips and information on building essential skills, getting noticed, developing business acumen and executive presence, taking the next step in your career, transitioning to a new role, and growing into a general counsel position.

Check out these three checklists to help avoid hiring problem employees, manage those toxic employees already in your workplace, and fully document conduct and behavior in response to a charge or litigation brought by a problem employee.

This resource provides an overview of the legal review process, templates, playbooks, and technology related to contract lifecycle technology.