Be Sure Your Liquidated Damages Clause Is Not A Penalty
After a five-day jury trial, the jury agrees your former business partners breached the non-compete they signed. You have a $1,000,000 liquidated-damages clause to enforce. And then, at the moment of judgment, the trial court declares that clause an unenforceable penalty and enters judgment against you, for the distributions you withheld from the very partners […]
