Many industry form documents and custom construction contracts contain provisions shifting or limiting the respective parties’ risks. One of the more potentially significant risk-limiting provisions ...

Parties often add limitation-of-liability clauses to their agreements. These types of clauses can purport to limit a party’s claims or damages or both. Damage-limitation clauses can take many ...

A few weeks ago, in response to a Georgia appellate court decision upholding a verdict against Monitronics in a multi-million dollar case, Ken Kirschenbaum, an industry attorney, posed a simple ...

The limitation of liability is one of the most important clauses in a software license agreement because it limits the amount and types of damages one party can recover from the other party. For ...

It is vital for businesses to understand limitation-of-liability clauses in vendor contracts, especially when recovering damages from a cybersecurity breach. Here is insight into these clauses, ...

A recent California federal court decision holds important lessons for the industry. In Valenzuela v. ADT Security Services Inc., plaintiff, an ADT subscriber operating a jewelry store, sought to ...

As a small business owner, you can be exposed to situations in which a client, customer or vendor files a legal claim that you must answer. While you may be conducting business in an industry in which ...

Most lawyers are used to encountering terms such as “special, indirect, consequential, or incidental damages,” and “multiple, punitive, or exemplary damages” in limitation or exclusion of liability ...

Canada’s investment-industry regulator says firms must stop inserting clauses in their contracts with investors that limit the firms’ liability for losses – even in cases where the firm’s employees ...