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Lesson from the Sports Page: Do Not Terminate a Contract Unless the Breach Was Material ( September 2006 )
Ohio State University knows what it takes to run a big-time college sports program and how hard it is to comply with those NCAA recruiting rules. In fact, Ohio State specifically wrote into the employment agreement of its former men's basketball coach, James O'Brien, that he must comply with the NCAA rules. After learning that Mr. O'Brien broke those rules, the university fired him. -
California Court Morphs Unenforceable "Agreement to Agree" into a "Contract to Negotiate an Agreement" ( September 2002 )
In Copeland v. Baskin Robbins USA, et al., the court of appeal in Los Angeles recognized—apparently for the first time in California—a "contract to negotiate an agreement." -
Damages for Breach of Contract-Lost Profits Versus Liquidated Damages ( September 1999 )
Issues often arise concerning the appropriate measure of damages in situations where retailers have breac. -
Don't Lose That Deposit: Massachusetts Changes Its View of Liquidated Damages Clauses ( August 1999 )
A decision recently issued by Massachusetts' highest court has made a significant change to the manner in which liq. -
Employer Penalized For Overstating Its Financial Condition During Hiring Process ( October 1998 )
The Michigan Court of Appeals in a 2-1 decision recently affirmed a jury's award of lost wages to an at-will employ.
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