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Stormy Daniel’s $1 Million Liquidated Damages Clause is Excessive

Typically, a financial penalty for disclosing information deemed private is characterized as “liquidated damages.” This means both parties have agreed to a predetermined amount of the penalty. While the general concept of liquidated damages has been held enforceable, the amount awarded by Courts has not always aligned with the amount set forth in the agreement. I don’t believe a Court will uphold the $1mill ...

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Copyright 2014 Brian Claypool

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