March 08, 2019 | New York Law Journal
Direct vs. Consequential Lost Profits: Checking in Five Years After 'Biotronik'Many sophisticated commercial parties continue to include a boilerplate consequential damages bar in their contracts, often on the assumption that it protects against a multi-million dollar lost profits award in the event of a breach. This may prove a dangerous assumption.
By Michael Hefter, Ryan M. Philp and Matt Ducharme
11 minute read
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