September 2019
Tuesday, September 24, 2019
The Ethics of Representing Two Parties in a Transaction
Topics to be covered:
- Framework of law governing liquidated damages clauses
- Elements of a clauses – damages difficult to quantify and liquidated amount reasonably related to actual damages
- Drafting guidance on optionality, specificity, self-justification, and triggers
- Circumstances in which clauses are most effectively used – and those where they are ineffective
- Practical tips of enhancing enforceability and collecting damages
Faculty: Thomas Spahn, McGuireWoods, LLP, McLean, VA