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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Thursday, September 25, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Early Bird Pricing!
MSRP
$297.00
$252.45
Save $44.55

Discount expires 9/10/25

This course is $0 with these passes:

CLE
ALL

This CLE webinar will cover strategies and considerations for proving, defending, and maximizing breach of contract damages claims. The panel will examine key categories of recoverable damages, the enforceability of consequential damage waivers and liquidated damages provisions, and defenses that can substantially limit recovery.

Faculty

William Kalas
Attorney
Foley & Lardner LLP

Mr. Kalas is an associate in the Detroit office and practices in the Business Litigation & Dispute Resolution group. Prior to joining Foley, he was a senior associate at a nationally recognized boutique litigation firm specializing in Class Action and Multi-District Litigation matters. Mr. Kalas also served as a judicial intern for the Honorable George Caram Steeh at the United States District Court for the Eastern District of Michigan. He has experience with all stages of complex litigation — including discovery, motion practice, settlement, and appeals — and is an effective collaborator with both co-counsel and opposing counsel.

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Description

The program will explore expectation, reliance, and consequential damages, proving damages with reasonable certainty, and defeating challenges to causation and foreseeability. The discussion will examine the efficacy of "no consequential damages" clauses, the potential use and upholding of liquidated damages provisions, and the duty to mitigate.

In addition, the panel will consider alternative remedies, including unjust enrichment and the emerging loss-of-chance doctrine, and highlight practical approaches for using discovery and expert testimony to support or defeat damages claims.

Listen as our panel of experienced practitioners guides you through the evolving landscape of contract damages litigation, offering practical tools to strengthen case strategy from discovery through trial.

Outline

I. Introduction

II. Contract damages categories

A. Expectation (general), consequential (special)

B. Reliance

C. Restitution, unjust enrichment

D. Liquidated, incidental, nominal

E. Punitive damages

III. Proof requirements

A. Causation, foreseeability

B. Reasonable certainty (non-speculative)

C. Mitigation, documentation, and evidence

D. Pleading and disclosures

IV. Limiting or defending damages claims

A. Drafting "no consequential damages" clauses, liability waivers

B. Other contractual limitations: damage caps, exclusive remedies

C. Challenging causation and foreseeability

D. Claiming speculative or unsupported damages

E. Claiming failure to mitigate, economic loss rule

V. Unjust enrichment and "loss of chance" doctrine

Benefits

The panel will review these and other key issues:

  • How to identify and analyze the primary categories of contract damages, including expectation, reliance, consequential, and liquidated damages
  • Evaluating the enforceability of consequential damage waivers, liquidated damages provisions, and other contractual recovery limitations
  • Understanding key proof requirements such as causation, foreseeability, and reasonable certainty
  • Developing strategies to assert or challenge defenses, including mitigation of damages and speculative loss arguments
  • Assessing the availability and practical use of alternative remedies such as unjust enrichment and the "loss of chance" doctrine