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Author Archives: michael.bean

SJC upholds liquidated damages clause

The Massachusetts Supreme Judicial Court recently ruled that mitigation of damages is irrelevant to assessing an enforceable liquidated damages provision. The court in its first impression decision said it was illogical to consider mitigation because by agreeing in advance to ...

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SOX whistleblower protection could extend to private companies

The Sarbanes-Oxley Act protects employees of publicly traded companies from retaliation for making both internal and external complaints about actions they reasonably believe violate federal laws involving fraud against shareholders. SOX has many remedies to make an employee whole, including, ...

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