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Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more
Well, it is certainly an interesting time to be a federal government contractor. In the last few weeks, we have seen Executive Orders (EOs) flying fast and furious, and a lot of other activity impacting federal government...more
Government contractors working for the Department of Education (DE), the United States Agency for International Development (USAID), and other agencies like the National Science Foundation (NSF) and Consumer Financial...more
We have previously discussed the obligations a non-breaching party has to mitigate its own damages in the event of a contract breach. Assuming a party has mitigated its damages, this article discusses the potential remedies...more
A tenured professor at Erskine College in Due West claimed the institution breached its employment contract with him as set forth in the faculty manual. The trial court overruled the jury verdict in the professor’s favor, but...more
In June 2019, David Dunwoody (“Dunwoody”) left his position as President of EnVen Energy Corporation (“EnVen”) amidst a scandal centering around his alleged involvement in a kickback scheme. Dunwoody sued EnVen, the oil...more
For employers, non-compete agreements and other restrictive covenants, such as non-solicitation or non-disclosure agreements, can serve as a powerful tool to protect their business and defend their interests. However, these...more
This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration...more
Earlier this year, the EEOC brought a lawsuit in federal court in Illinois claiming that the severance agreement used by a nationwide retail pharmacy in connection with the terminations of hundreds of employees unlawfully...more
Ambiguous contract terms are ordinarily a liability for government contractors, opening the possibility of misunderstandings, expensive disputes, and, potentially, unpaid additional work. However, contract ambiguity recently...more
The U.S. District Court for the Eastern District of Missouri (the “District Court”) issued a memorandum and order (the “Order”) in which the District Court upheld a decision of the FDIC that contract damages sought by the...more