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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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A new world: Primer on the Foreign Corrupt Practices Act

Recently, U.S. and foreign governments have been aggressively pursuing bribery investigations and enforcing relevant laws and regulations. In November 2007, Siemens disclosed that an internal investigation uncovered about $1.9 billion in questionable payments made by the company to outsiders between ...

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Even in-house lawyers must wrestle with conflicts of interest

It is the reverie of many a private firm lawyer: taking an in-house position to avoid ever again having to deal with a conflict of interest. An in-house lawyer has a single client, the company employing him, or so the ...

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Building an effective trade-secret policy

The subject of trade secrets arises often in business, especially when employees move from one company to another – sometimes to a competing company. Depending on the position formerly held, an employee may be privy to information considered proprietary and ...

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Mediation can quickly resolve employment disputes

As companies’ internal alternative dispute resolution programs continue to grow, in-house counsel and human resources managers should consider adding mediation to their ADR options. As an alternative to arbitration at the pre-litigation phase, mediation offers many of the same advantages ...

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