Michael Hefter Ryan M Philp

Michael Hefter Ryan M Philp

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